Bill Text: CA SB55 | 2011-2012 | Regular Session | Introduced
Bill Title: Parole: placement at release: registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB55 Detail]
Download: California-2011-SB55-Introduced.html
BILL NUMBER: SB 55 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
DECEMBER 21, 2010
An act to amend Section 3003 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 55, as introduced, Runner. Parole: placement at release:
registration.
Existing law requires that an inmate released on parole be
returned to the county of last legal residence and requires the
Department of Corrections and Rehabilitation to provide specified
items of information to local law enforcement agencies regarding an
inmate paroled in their jurisdiction. Existing law also provides that
the department shall not return to prison, place a parole hold on,
or report any parole violation to the Board of Parole Hearings
regarding any person to whom all of specified criteria apply,
including that the person is not required to register as a sex
offender pursuant to the Sex Offender Registration Act.
This bill would exempt inmates placed on parole, to whom the
above-referenced criteria apply, from the provision that requires
inmates released on parole to be returned to the county of last legal
residence. The bill would instead require these inmates, if they
reside in this state, to register a residential address with the
sheriff of the county in which they reside within 10 days of
establishing residence or changing residence, including changes of
residence within the same county. The bill would make failure to
register a misdemeanor. Because this bill would impose additional
duties on local sheriff departments and create a new crime, it would
create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as specified in subdivision (b) or
otherwise provided in this section, 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. For
purposes of this subdivision, "last legal residence" shall not be
construed to mean the county 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) (1) Every inmate to whom Section 3000.03 applies shall not be
subject to subdivision (a) but shall be required to register pursuant
to paragraph (2) if he or she resides in California during his or
her period of parole.
(2) Every inmate released on parole to whom Section 3000.03
applies and who resides in California during his or her period of
parole, shall, during his or her period of parole, register a
residential address with the sheriff of the county in which he or she
resides within 10 days of establishing residence upon release or
changing residence, including changes of residence within the same
county.
(3) It shall be a misdemeanor to fail to register pursuant to
paragraph (2).
(b)
(c) Notwithstanding subdivision (a), an inmate may be
returned to another county 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, it shall place its reasons in writing in
the parolee's 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 inmate's
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 inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
(c)
(d) 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)
(e) 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)
(f) (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 who is
released in their jurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole 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 driver's 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 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 parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
(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.
(3) 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.
(4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
(f)
(g) Notwithstanding any other provision of law, 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, a violent felony as defined in paragraphs (1) to (7), inclusive,
and paragraph (16) of subdivision (c) of Section 667.5 or a felony in
which the defendant inflicts great bodily injury on any person other
than an accomplice that has been charged and proved as provided for
in Section 12022.53, 12022.7, or 12022.9, 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 a victim or witness.
(g)
(h) 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 any public or private
school including any or all of kindergarten and grades 1 to 12,
inclusive.
(h)
(i) Notwithstanding any other law, 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 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.
(i)
(j) 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)
(k) An inmate may be paroled to another state pursuant
to any other law.
(k)
(l) (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).
(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.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
