SB 1199: Sex offenders: release.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-08-27
Existing law generally requires an inmate who is released on parole or postrelease community supervision to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration.
This bill would require an inmate who is released on parole or postrelease community supervision who was committed to prison for a registrable sex offense to be returned through all efforts reasonably possible to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law generally requires an inmate who is released on parole or postrelease community supervision to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration.
This bill would require an inmate who is released on parole or postrelease community supervision who was committed to prison for a registrable sex offense to be returned through all efforts reasonably possible to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law generally requires an inmate who is released on parole or postrelease community supervision to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration.
This bill would require an inmate who is released on parole or postrelease community supervision who was committed to prison for a registrable sex offense to be returned through all efforts reasonably possible to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law generally requires an inmate who is released on parole or postrelease community supervision to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration.
This bill would require an inmate who is released on parole or postrelease community supervision who was committed to prison for a registrable sex offense to be returned through all efforts reasonably possible to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law generally requires an inmate who is released on parole or postrelease community supervision to be returned to the county that was the last legal residence of the inmate prior to his or her incarceration.
This bill would require an inmate who is released on parole or postrelease community supervision who was committed to prison for a registrable sex offense to be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall, through all efforts reasonably possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, last legal residence shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county or city, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall, through all efforts reasonably possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, last legal residence shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county or city, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall shall, through all efforts reasonably possible possible, be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, last legal residence shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county or city, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, last legal residence shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county or city, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
(a)Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, last legal residence shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
(b)Notwithstanding subdivision (a), an inmate may be returned to another county or city if that would be in the best interests of the public. If the Board of Parole Hearings setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, as determined by the parole consideration panel, or the Department of Corrections and Rehabilitation setting the conditions of parole for inmates sentenced pursuant to Section 1170, decides on a return to another county, county or city, it shall place its reasons in writing in the parolees permanent record and include these reasons in the notice to the sheriff or chief of police pursuant to Section 3058.6. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
(1)The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2)Public concern that would reduce the chance that the inmates parole would be successfully completed.
(3)The verified existence of a work offer, or an educational or vocational training program.
(4)The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmates parole would be successfully completed.
(5)The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)The Department of Corrections and Rehabilitation, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)In making its decision about an inmate who participated in a joint venture program pursuant to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give serious consideration to releasing him or her to the county where the joint venture program employer is located if that employer states to the paroling authority that he or she intends to employ the inmate upon release.
(e)(1)The following information, if available, shall be released by the Department of Corrections and Rehabilitation to local law enforcement agencies regarding a paroled inmate or inmate placed on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) who is released in their jurisdictions:
(A)Last, first, and middle names.
(B)Birth date.
(C)Sex, race, height, weight, and hair and eye color.
(D)Date of parole or placement on postrelease community supervision and discharge.
(E)Registration status, if the inmate is required to register as a result of a controlled substance, sex, or arson offense.
(F)California Criminal Information Number, FBI number, social security number, and drivers license number.
(G)County of commitment.
(H)A description of scars, marks, and tattoos on the inmate.
(I)Offense or offenses for which the inmate was convicted that resulted in parole or postrelease community supervision in this instance.
(J)Address, including all of the following information:
(i)Street name and number. Post office box numbers are not acceptable for purposes of this subparagraph.
(ii)City and ZIP Code.
(iii)Date that the address provided pursuant to this subparagraph was proposed to be effective.
(K)Contact officer and unit, including all of the following information:
(i)Name and telephone number of each contact officer.
(ii)Contact unit type of each contact officer such as units responsible for parole, registration, or county probation.
(L)A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M)A geographic coordinate for the inmates residence location for use with a Geographical Information System (GIS) or comparable computer program.
(2)Unless the information is unavailable, the Department of Corrections and Rehabilitation shall electronically transmit to the county agency identified in subdivision (a) of Section 3451 the inmates tuberculosis status, specific medical, mental health, and outpatient clinic needs, and any medical concerns or disabilities for the county to consider as the offender transitions onto postrelease community supervision pursuant to Section 3450, for the purpose of identifying the medical and mental health needs of the individual. All transmissions to the county agency shall be in compliance with applicable provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Public Law 104-191), the federal Health Information Technology for Clinical Health Act (HITECH) (Public Law 111-005), and the implementing of privacy and security regulations in Parts 160 and 164 of Title 45 of the Code of Federal Regulations. This paragraph shall not take effect until the Secretary of the United States Department of Health and Human Services, or his or her designee, determines that this provision is not preempted by HIPAA.
(3)Except for the information required by paragraph (2), the information required by this subdivision shall come from the statewide parolee database. The information obtained from each source shall be based on the same timeframe.
(4)All of the information required by this subdivision shall be provided utilizing a computer-to-computer transfer in a format usable by a desktop computer system. The transfer of this information shall be continually available to local law enforcement agencies upon request.
(5)The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(f)Notwithstanding any other law, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation finds that there is a need to protect the life, safety, or well-being of the victim or witness, an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, any of the following crimes:
(1)A violent felony as defined in paragraphs (1) to (7), inclusive, and paragraphs (11) and (16) of subdivision (c) of Section 667.5.
(2)A felony in which the defendant inflicts great bodily injury on a person, other than an accomplice, that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9.
(3)A violation of paragraph (1), (3), or (4) of subdivision (a) of Section 261, subdivision (f), (g), or (i) of Section 286, subdivision (f), (g), or (i) of Section 288a, or subdivision (b), (d), or (e) of Section 289.
(g)Notwithstanding any other law, an inmate who is released on parole for a violation of Section 288 or 288.5 whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her parole, within one-half mile of a public or private school including any or all of kindergarten and grades 1 to 12, inclusive.
(h)Notwithstanding any other law, an inmate who is released on parole or postrelease community supervision for a stalking offense shall not be returned to a location within 35 miles of the victims or witness actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole or postrelease community supervision, and if the Board of Parole Hearings or the Department of Corrections and Rehabilitation, or the supervising county agency, as applicable, finds that there is a need to protect the life, safety, or well-being of the victim. If an inmate who is released on postrelease community supervision cannot be placed in his or her county of last legal residence in compliance with this subdivision, the supervising county agency may transfer the inmate to another county upon approval of the receiving county.
(i)The authority shall give consideration to the equitable distribution of parolees and the proportion of out-of-county commitments from a county compared to the number of commitments from that county when making parole decisions.
(j)An inmate may be paroled to another state pursuant to any other law. The Department of Corrections and Rehabilitation shall coordinate with local entities regarding the placement of inmates placed out of state on postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450).
(k)(1)Except as provided in paragraph (2), the Department of Corrections and Rehabilitation shall be the agency primarily responsible for, and shall have control over, the program, resources, and staff implementing the Law Enforcement Automated Data System (LEADS) in conformance with subdivision (e). County agencies supervising inmates released to postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) shall provide any information requested by the department to ensure the availability of accurate information regarding inmates released from state prison. This information may include the issuance of warrants, revocations, or the termination of postrelease community supervision. On or before August 1, 2011, county agencies designated to supervise inmates released to postrelease community supervision shall notify the department that the county agencies have been designated as the local entity responsible for providing that supervision.
(2)Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily responsible for the proper release of information under LEADS that relates to fingerprint cards.
(l)In addition to the requirements under subdivision (k), the Department of Corrections and Rehabilitation shall submit to the Department of Justice data to be included in the supervised release file of the California Law Enforcement Telecommunications System (CLETS) so that law enforcement can be advised through CLETS of all persons on postrelease community supervision and the county agency designated to provide supervision. The data required by this subdivision shall be provided via electronic transfer.
|
Date
|
Status
|
|---|---|
| Aug 27, 2018 | Chaptered by Secretary of State. Chapter 226, Statutes of 2018. |
| Aug 27, 2018 | Approved by the Governor. |
| Aug 15, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 9, 2018 | Assembly amendments concurred in. (Ayes 37. Noes 0.) Ordered to engrossing and enrolling. |
| Jul 5, 2018 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 5, 2018 | Read third time. Passed. Ordered to the Senate. |
| Jun 28, 2018 | Read second time. Ordered to consent calendar. |
| Jun 27, 2018 | From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (June 27). |
| Jun 12, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 12). Re-referred to Com. on APPR. |
| May 30, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| May 10, 2018 | Referred to Com. on PUB. S. |
| May 3, 2018 | In Assembly. Read first time. Held at Desk. |
| May 3, 2018 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| May 1, 2018 | Read second time. Ordered to consent calendar. |
| Apr 30, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 20, 2018 | Set for hearing April 30. |
| Apr 19, 2018 | April 23 hearing postponed by committee. |
| Apr 17, 2018 | Set for hearing April 23. |
| Apr 12, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 11, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 10). |
| Mar 21, 2018 | Set for hearing April 10. |
| Mar 1, 2018 | Referred to Com. on PUB. S. |
| Feb 16, 2018 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 9, 2018 | Unfinished Business SB1199 Wilk et al. Concurrence | Senate Floor |
Passed |
|
| Jul 5, 2018 | SB 1199 Wilk Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 27, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
|
| May 3, 2018 | Consent Calendar SB1199 | Senate Floor |
Passed |
|
| Apr 10, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Attorneys For Criminal Justice | ** Against | Aug 1, 2018 |
| California State Sheriffs' Association | ** Support | Aug 1, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1199
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/10/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 5/3/18 (Consent)
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
NO VOTE RECORDED: De León
ASSEMBLY FLOOR: 69-0, 7/5/18 (Consent) - See last page for vote
DIGEST:
This bill provides that an inmate being released from custody on parole or post-release community supervision (PRCS) who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration, or a close geographic location in which he or she has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
Assembly Amendments
specify that access to reentry services must be considered in placement of the inmate.
Existing law:
- Requires that, subject to specified exceptions, an inmate who is released on parole or PRCS shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. (Pen. Code § 3003, subd. (a).)
- Allows the Board of Parole Hearings (BPH) or the Department of Corrections and Rehabilitation (CDCR) to return an inmate to a county other than the one of last residence if that would be in the best interests of the public; requires BPH or CDCR to place its reasons in writing in the permanent record. (Pen. Code § 3003, subd. (b).)
- States that the paroling authority shall consider the following factors in determining whether or not to return an inmate to his or her last county of residence, giving the greatest weight to the protection of the victim and safety of the community:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed; or,
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Pen. Code § 3003, subd. (b)(1)-(5).)
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- States that an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, specified violent felonies or a felony in which the defendant inflicts great bodily injury on any person, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if BPH or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness. (Pen. Code § 3003, subd. (f).)
- Provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, whom the CDCR determines poses a high risk to the public, shall not be placed or reside, for the duration of his or her parole, within one-half mile of any public or private school. (Pen. Code § 3003, subd. (g).)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a “serious” felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code § 3000.08, subds. (a) & (c).)
- A person who committed a “serious” felony, as specified;
- Requires all other offenders released from prison to be placed on PRCS. (Pen. Code § 3000.08.)
This bill provides that an inmate being released from custody on parole or PRCS who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration, or a close geographic location in which he or she has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
Background
The Legislature created the Sex Offender Management Board with the enactment of AB 1015 (Chu, Chapter 338, Statutes of 2006). The California Sex Offender Management Board (CASOMB) is made up of members representing various law enforcement entities, judges, and mental health professionals. (Pen. Code § 9001.) CASOMB’s purpose is to address any issues, concerns, and problems related to the community management of the state’s adult sex offenders, with a goal of safer communities and reduced victimization.
CASOMB has produced many publications regarding California’s Sex Offender Registry. In 2017, it published an educational pamphlet which discussed some of the issues relating to the reintegration of sex offenders into society following their sentence. (as of June 4, 2018.) The pamphlet notes that sex offenders face a variety of challenges upon release, including the “inability to create prosocial peer networks, being ostracized, being the targets of threats and violence” and “difficulties finding jobs or housing.” (Id. at 11.)
This bill seeks to return sex offenders to their last city of residence upon release from custody. The effect of this bill is likely to result in the placement of sex offenders in a location where they are less likely to reoffend because they have more access to prosocial networks and services with which they are more likely to be familiar. This bill provides for some flexibility in such situations by providing exceptions and requiring “reasonably possible” placement efforts.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, this bill has a negligible fiscal impact.
California State Sheriffs’ Association
OPPOSITION: (Verified 7/19/18)
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT: According to the California State Sheriffs’ Association, “On behalf of the California State Sheriffs’ Association (CSSA), we are pleased to support … Senate Bill 1199, which would require consideration of family, social ties or economic ties for a registerable sex offender being released on parole and or post release community supervision (PRCS).
“Employment and housing disruptions, as well as separation from supportive and or dependent family members, can hinder effective treatment and may interfere with the overall goal of reducing recidivism and re-victimization. In order for sex offenders to be successful and not reoffend, it is best for them to have family and community ties rather than being placed in areas unknown or unfamiliar to them.”
ARGUMENTS IN OPPOSITION: According to the California Attorneys for Criminal Justice, “There is a universal benefit to successful transition from incarceration to community for every individual being released from incarceration. This is true for those who have been convicted of sex offenses. Often times, productive transition is interrupted by a general rejection of the individual by those living in the community of release, prospective employers and others. While there is an overarching concern about public safety, studies repeatedly confirm that most of those convicted of sex offenses are unlikely to reoffend, especially when proper services and support systems are available to assist with reintegration after release. Unfortunately, SB 1199 eliminates potentially useful flexibility in the reintegration plans for those convicted of sex offenses. Often reconnection with family or scheduling release to those counties where the individual previously lived may enhance the chances for successful post-incarceration life. However, every situation is different. There may be cases in which a return to another community would be more beneficial to the individual’s opportunity to succeed. Some flexibility in the law allow for the consideration of the facts unique to every case.”
ASSEMBLY FLOOR: 69-0, 7/5/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Baker, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gabriel, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Mathis, Mayes, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, Patterson, Quirk-Silva, Reyes, Rivas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Arambula, Bigelow, Brough, Cooley, Cunningham, Dahle, Maienschein, McCarty, Mullin, O'Donnell, Quirk
8/1/18 12:17:35
Date of Hearing: June 27, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1199
Author:(Wilk) – As Amended Ver:May 30, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill provides that an inmate being released from custody on parole or post-release community supervision (PRCS) who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration, or a close geographic location in which they have family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to their victim.
FISCAL EFFECT:
Negligible fiscal impact.
COMMENTS:
- Background. Current law requires inmates released from state prison to be returned to the county of their last legal residence prior to being incarcerated. However, current law provides various exemptions to this requirement, such as if releasing the inmate to their last county of legal residence would post a danger to the public or a victim or if the inmate has a verified work or educational opportunity in another county.
- Purpose. According to the author:
The goal of this legislation is to reduce recidivism by always first attempting to place offenders in the community where they have a family or other community connections. The offender’s support system needs to be considered when determining placement along with victim and other considerations.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 12, 2018
Counsel: Matthew Fleming
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1199
Author:(Wilk) – As Amended Ver:May 30, 2018
SUMMARY: Provides that an inmate being released from custody on parole or post-release community supervision (PRCS) who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration, or a close geographic location in which he or she has family, social ties, or economic ties and access to reentry services, unless return to that location would violate any other law or pose a risk to his or her victim.
EXISTING LAW:
- Requires that, subject to specified exceptions, an inmate who is released on parole or post-release community supervision shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. (Pen. Code, § 3003, subd. (a).)
- Allows the Board of Parole Hearings (BPH) or the Department of Corrections and Rehabilitation (CDCR) to return an inmate to a county other than the one of last residence if that would be in the best interests of the public; requires BPH or CDCR to place its reasons in writing in the permanent record. (Pen. Code, § 3003, subd. (b).)
- States that the paroling authority shall consider the following factors in determining whether or not to return an inmate to his or her last county of residence, giving the greatest weight to the protection of the victim and safety of the community:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed; or,
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Pen. Code, § 3003, subd. (b)(1)-(5).)
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- States that an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, specified violent felonies or a felony in which the defendant inflicts great bodily injury on any person, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if BPH or the CDCR finds that there is a need to protect the life, safety, or well-being of a victim or witness. (Pen. Code, § 3003, subd. (f).)
- Provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, whom the CDCR determines poses a high risk to the public, shall not be placed or reside, for the duration of his or her parole, within one-half mile of any public or private school. (Pen. Code, § 3003, subd. (g).)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code, § 3000.08, subds. (a) & (c).)
- A person who committed a "serious" felony, as specified;
- Requires all other offenders released from prison to be placed on PRCS. (Pen. Code, § 3000.08.)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “SB 1199 requires an inmate who is released on parole or post release community supervision who was committed to prison for a registerable sex offense shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
“The goal of this legislation is to reduce recidivism by always first attempting to place offenders in the community where they have a family or other community connections. The offender’s support system needs to be considered when determining placement along with victim and other considerations.
“SB 1199 will keep our communities safer and provide the newly paroled offender with the best possible chance of not re-offending.”
- Sex Offender Re-Entry After Incarceration: The Legislature created the Sex Offender Management Board with the enactment of AB 1015 (Chu) Chapter 338, Statutes of 2006. The California Sex Offender Management Board (CASOMB) is made up of members representing various law enforcement entities, judges, and mental health professionals. (Pen. Code, § 9001; http://www.casomb.org/index.cfm?pid=1235.) CASOMB’s purpose is to address any issues, concerns, and problems related to the community management of the state’s adult sex offenders, with a goal of safer communities and reduced victimization.
CASOMB has produced many publications regarding California’s Sex Offender Registry. In 2017, it published an educational pamphlet which discussed some of the issues relating to the reintegration of sex offenders into society following their sentence. (http://casomb.org/pdf/CASOMB_Education_Pamphlet.pdf [as of June 4, 2018].) The pamphlet notes that sex offenders face a variety of challenges upon release, including the “inability to create prosocial peer networks, being ostracized, being the targets of threats and violence” and “difficulties finding jobs or housing.” (Id. at 11.)
This bill seeks to return sex offenders to their last city of residence upon release from custody. The effect of this bill is likely to result in the placement of sex offenders in a location where they are less likely to reoffend because they have more access to prosocial networks and services with which they are more likely to be familiar. Nonetheless, there are bound to be situations in which an offender may be more likely to succeed in a new and different location rather than being returned to his or her last city of residence. This bill provides for some flexibility in such situations by providing exceptions and requiring “reasonably possible” placement efforts. - Argument in Support: According to the California State Sheriffs’ Association: “On behalf of the California State Sheriffs’ Association (CSSA), we are pleased to support … Senate Bill 1199, which would require consideration of family, social ties or economic ties for a registerable sex offender being released on parole and or post release community supervision (PRCS).
“Employment and housing disruptions, as well as separation from supportive and or dependent family members, can hinder effective treatment and may interfere with the overall goal of reducing recidivism and re-victimization. In order for sex offenders to be successful and not reoffend, it is best for them to have family and community ties rather than being placed in areas unknown or unfamiliar to them.”
- Argument in Opposition: According to the California Attorneys for Criminal Justice: “There is a universal benefit to successful transition from incarceration to community for every individual being released from incarceration. This is true for those who have been convicted of sex offenses. Often times, productive transition is interrupted by a general rejection of the individual by those living in the community of release, prospective employers and others. While there is an overarching concern about public safety, studies repeatedly confirm that most of those convicted of sex offenses are unlikely to reoffend, especially when proper services and support systems are available to assist with reintegration after release. Unfortunately, SB 1199 eliminates potentially useful flexibility in the reintegration plans for those convicted of sex offenses. Often reconnection with family or scheduling release to those counties where the individual previously lived may enhance the chances for successful post-incarceration life. However, every situation is different. There may be cases in which a return to another community would be more beneficial to the individual’s opportunity to succeed. Some flexibility in the law allow for the consideration of the facts unique to every case.”
- Related Legislation: SB 26 (Leyva), of the 2017-2018 Legislative Session would have altered the restrictions on sex offenders pertaining to their ability to be present on school grounds in order to conduct lawful business. SB 26 was held in the Senate Appropriations Committee.
- Prior Legislation:
- AB 335 (Kiley) Chapter 523, Statutes of 2017, provided that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and BPH or CDCR finds that the placement is necessary to protect the victim or witness.
- AB 255 (Gallagher), Chapter 39, Statutes of 2017, specified that courts must consider the connections to the community when designating the placement of a sexually violent predator in a county for conditional release.
- SB 69 (Bates), of the 2017- 2018 Legislative Session would have made it a felony for a sex offender to willfully remove or disable an electronic, global positioning system, or other monitoring device if the person intended to evade supervision. SB 69 failed passage in the Senate Public Safety Committee.
- SB 1852 (Senate Judiciary Committee), Chapter 538, Statutes of 2006, prohibited an inmate released on parole for a violation of specified sex offenses from being placed or residing within one-quarter mile of any public or private school for the duration of parole.
- AB 335 (Kiley) Chapter 523, Statutes of 2017, provided that an inmate who has committed specified crimes and is released on parole shall not be returned to a location within 35 miles of the residence of a victim or witness if the victim or witness makes such a request and BPH or CDCR finds that the placement is necessary to protect the victim or witness.
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs’ Association
Opposition
California Attorneys for Criminal Justice
Analysis Prepared by: Matthew Fleming / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1199 |
CONSENT
Bill No: SB 1199
Amended: 4/12/18
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/10/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Sex offenders: release
DIGEST:
This bill provides that a sex offender who is released on parole or post-release community supervision should whenever reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law:
- Requires that, subject to specified exceptions, an inmate who is released on parole shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. (Pen. Code, § 3003, subd. (a).)
- States that an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, specified violent felonies or a felony in which the defendant inflicts great bodily injury on any person, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the Department of Corrections and Rehabilitation (CDCR) finds that there is a need to protect the life, safety, or well-being of a victim or witness. (Pen. Code, § 3003, subd. (f).)
- Provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, whom the CDCR determines poses a high risk to the public, shall not be placed or reside, for the duration of his or her parole, within one-half mile of any public or private school. (Pen. Code, § 3003, subd. (g).)
- Requires that an inmate who is released on parole for an offense involving stalking shall not be returned to a location within 35 miles of the victim's actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the BPH or the CDCR finds that there is a need to protect the life, safety, or wellbeing of the victim. (Pen. Code, § 3003, subd. (h).)
- Provides an exception allowing an inmate to be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Pen. Code, § 3003, subd. (b)(1)-(5).)
- Requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender;
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code, § 3000.08, subds. (a) & (c).)
- Requires all other offenders released from prison on or after October 1, 2011, to be placed on post release community supervision under the supervision of a county agency, such as a probation department. (Pen. Code, § 3000.08, subd. (b).)
This bill provides that an inmate who is released on parole or post-release community supervision and who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
Background
Current law requires a person released from prison on parole or community supervision to be returned to the county where the person most recently resided before entering prison. As drafted, SB 1199 imposes an additional restriction on individuals released following conviction of a sex offense, requiring that they be returned specifically to the city where they last resided.
This addition restriction will make it more difficult to find appropriate housing for people leaving prison who are required to register under Penal Code § 290. Experts in the field of sex offender management have found residency restrictions such as these make our communities less safe, as they make it nearly impossible for people on the sex offender registry to find suitable housing in their own communities.[1] By making it more difficult to find housing for people who have been convicted of sex offenses, as originally drafted, SB 1199 may have the unintended effect of increasing recidivism.[2]
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California State Sheriffs’ Association
OPPOSITION: (Verified 4/30/18)
California Attorneys for Criminal Justice
Prepared by: Gabe Caswell / PUB. S. /
5/2/18 14:57:05
**** END ****
See Jill S. Levenson & Leo P. Cotter, The Impact of Sex Offender Residence Restrictions: 1,000 Feet from Danger or One Step from Absurd?, 49 Int’l J. Offender Therapy & Comp. Criminology 168 (2005) (suggesting that residence restrictions disrupt stability and lead to an increase in risk factors associated with sex offense recidivism); Colo. Dep’t Of Pub. Safety, Report On Safety Issues Raised By Living Arrangements For And Location Of Sex Offenders In The Community 4 (2004) (“Placing restrictions on the location of . . . supervised sex offender residences may not deter the sex offender from re-offending and should not be considered as a method to control sexual offending recidivism”); Minn. Dep’t Of Corr., Level Three Sex Offenders Residential Placement Issues: 2003 Report To The Legislature 9 (2003) (“Enhanced safety due to proximity restrictions may be a comfort factor for the general public, but it does not have any basis in fact.”). ↑
Id. ↑
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1199 Hearing Date: April 10, 2018
Author: | Wilk | ||
Version: | February 15, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Sex Offenders: Release
HISTORY
Source: Author
Prior Legislation: AB 255 (Gallagher), Ch. 39, Stats. of 2017
AB 1607 (Fox), Ch. 877, Stats. of 2014
Support: California State Sheriffs’ Association
Opposition: None known
Analysis reflects author’s amendments to be offered in committee
PURPOSE
This bill provides that when a sex offender is released on parole or post-release community supervision should whenever reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
Existing law requires that, subject to specified exceptions, an inmate who is released on parole shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. (Pen. Code, § 3003, subd. (a).)
Existing law states that an inmate who is released on parole shall not be returned to a location within 35 miles of the actual residence of a victim of, or a witness to, specified violent felonies or a felony in which the defendant inflicts great bodily injury on any person, if the victim or witness has requested additional distance in the placement of the inmate on parole, and if Board of Parole Hearings (BPH) or the Department of Corrections and Rehabilitation (“CDCR”) finds that there is a need to protect the life, safety, or well-being of a victim or witness. (Pen. Code, § 3003, subd. (f).)
Existing law provides that an inmate who is released on parole for a violation of lewd and lascivious acts or continuous sexual abuse of a child, whom the CDCR determines poses a high risk to the public, shall not be placed or reside, for the duration of his or her parole, within one-half mile of any public or private school. (Pen. Code, § 3003, subd. (g).)
Existing law requires that an inmate who is released on parole for an offense involving stalking shall not be returned to a location within 35 miles of the victim's actual residence or place of employment if the victim or witness has requested additional distance in the placement of the inmate on parole, and if the BPH or the CDCR finds that there is a need to protect the life, safety, or wellbeing of the victim. (Pen. Code, § 3003, subd. (h).)
Existing law provides an exception allowing an inmate may be returned to another county if that would be in the best interests of the public. If BPH or CDCR decides on a return to another county, it shall place its reasons in writing in the parolee's permanent record. In making its decision, the paroling authority shall consider, among others, the following factors, giving the greatest weight to the protection of the victim and the safety of the community:
- The need to protect the life or safety of a victim, the parolee, a witness, or any other person;
- Public concern that would reduce the chance that the inmate's parole would be successfully completed;
- The verified existence of a work offer, or an educational or vocational training program;
- The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed; or
- The lack of necessary outpatient treatment programs for parolees receiving treatment as mentally disordered offenders. (Pen. Code, § 3003, subd. (b)(1)-(5).)
Existing law requires the following persons released from prison on or after October 1, 2011, be subject to parole under the supervision of CDCR:
- A person who committed a "serious" felony, as specified;
- A person who committed a violent felony, as specified;
- A person serving a Three-Strikes sentence;
- A high risk sex offender;
- A mentally disordered offender (MDO);
- A person required to register as a sex offender and subject to a parole term exceeding three years at the time of the commission of the offense for which he or she is being released; and,
- A person subject to lifetime parole at the time of the commission of the offense for which he or she is being released. (Pen. Code, § 3000.08, subds. (a) & (c).)
Existing law requires all other offenders released from prison on or after October 1, 2011, to be placed on PRCS under the supervision of a county agency, such as a probation department. (Pen Code § 3000.08, subd. (b).)
This bill provides that when an inmate is released on parole or post-release community supervision and who was committed to prison for a sex offense for which registration is required, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
COMMENTS
1. Need for This Bill
According to the author:
Jessica's Law (2006) prohibits sex offender parolees released from prison on or after Nov. 8, 2006 from residing within 2,000 feet of any school and park where children congregate.
The unintended consequences of residence restrictions include transience, homelessness, instability, and other obstacles to community reentry that may actually compromise, rather than promote, public safety.
Offenders are often pushed to areas that are more rural (the higher the population density, the more likely neighborhoods include schools, parks, etc.) which often leads to diminished access to specialized treatment and close monitoring by law enforcement professionals, as well as disproportionally clustering offenders in areas with more compliant and cheaper housing.
Employment and housing disruption, as well as separation from supportive and/or dependent family members, can hinder effective treatment and may interfere with the overall goal of reducing recidivism and re-victimization. Thus, residence restrictions, aimed at improving community safety may inadvertently create an environment in which offenders are at an increased risk to reoffend.
SB 1199 requires an inmate who is released on parole or post release community supervision who was committed to prison for a registerable sex offense to be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or other economic ties, unless return to that location would violate any other law or pose a risk to his or her victim.
The goal of this legislation is to reduce recidivism by always first attempting to place offenders in the community where they have a family or other community connections. The offenders’ support system needs to be considered when determining placement along with victim and other restrictions.
SB 1199 will keep our communities safer and provide the newly paroled offender with the best possible chance of not re-offending.
2. Goal of Placing Offenders in Areas that Permit Re-Integration vs. Difficulty in Finding Housing for Sex Offenders
Current law requires a person released from prison on parole or community supervision to be returned to the county where the person most recently resided before entering prison. As drafted, SB 1199 would impose an additional restriction on individuals released following conviction of a sex offense, requiring that they be returned to specifically to the city where they last resided.
This addition restriction will make it more difficult to find appropriate housing for people leaving prison who are required to register under Penal Code § 290. Experts in the field of sex offender management have found residency restrictions such as these make our communities less safe, as they make it nearly impossible for people on the sex offender registry to find suitable housing in their own communities.[1] By making it more difficult to find housing for people who have been convicted of sex offenses, as originally drafted SB 1199 may have the unintended effect of increasing recidivism.[2]
3. Author’s Amendments
The committee has suggested, and the author has agreed to take the following amendment to make the language a directive and not mandatory. This amendment furthers the goal of the bill, to place offenders where they have community ties and are more likely to successfully reintegrate into society. However, the language is not mandatory and permits alternate placement when circumstances such as availability of sex offender therapy or housing restrictions make alternative placement necessary. The suggested amendment is to Section 1 subd. (a) of Penal Code § 3003, and reads as follows:
3003. (a) Except as otherwise provided in this section, an inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) shall be returned to the county that was the last legal residence of the inmate prior to his or her incarceration. An inmate who is released on parole or postrelease community supervision as provided by Title 2.05 (commencing with Section 3450) and who was committed to prison for a sex offense for which registration is required pursuant to Section 290, shall through all efforts reasonably possible be returned to the city that was the last legal residence of the inmate prior to incarceration or a close geographic location in which he or she has family, social ties, or economic ties, unless return to that location would violate any other law or pose a risk to his or her victim. For purposes of this subdivision, “last legal residence” shall not be construed to mean the county or city wherein the inmate committed an offense while confined in a state prison or local jail facility or while confined for treatment in a state hospital.
-- END –
See Jill S. Levenson & Leo P. Cotter, The Impact of Sex Offender Residence Restrictions: 1,000 Feet from Danger or One Step from Absurd?, 49 Int’l J. Offender Therapy & Comp. Criminology 168 (2005) (suggesting that residence restrictions disrupt stability and lead to an increase in risk factors associated with sex offense recidivism); Colo. Dep’t Of Pub. Safety, Report On Safety Issues Raised By Living Arrangements For And Location Of Sex Offenders In The Community 4 (2004) (“Placing restrictions on the location of . . . supervised sex offender residences may not deter the sex offender from re-offending and should not be considered as a method to control sexual offending recidivism”); Minn. Dep’t Of Corr., Level Three Sex Offenders Residential Placement Issues: 2003 Report To The Legislature 9 (2003) (“Enhanced safety due to proximity restrictions may be a comfort factor for the general public, but it does not have any basis in fact.”). ↑
Id. ↑
Discussed in Hearing
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Bill Author
Bill Co-Author(s):
