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SB-1736 Parole: county of release.(1993-1994)

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SB1736:v94#DOCUMENT

Senate Bill No. 1736
CHAPTER 904

An act to amend Section 3003 of the Penal Code, relating to parole.

[ Filed with Secretary of State  September 27, 1994. Approved by Governor  September 26, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1736, Greene. Parole: county of release.
Existing law requires that an inmate be released on parole to the county from which he or she was committed, except that the inmate may be paroled to another state as authorized by law or released to another county in a case where that would be in the best interests of the public and the parolee. In deciding to release an inmate to another county, the parole authority is authorized to consider certain factors.
This bill would provide that among these certain factors the parole authority may consider, the protection of the victim and the safety of the community is to be given the greatest weight. The bill would further provide that when making parole decisions, consideration shall be given 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.
The bill would incorporate additional changes in Section 3003 of the Penal Code proposed by AB 3331 and AB 3 (1st Ex. Sess.), to be operative only if AB 3331 or AB 3 (1st Ex. Sess.), or both, and this bill are enacted and become effective as specified, and this bill is enacted last.

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 otherwise provided in this section, an inmate who is released on parole shall be returned to the county from which he or she was committed.
For purposes of this subdivision, “county from which he or she was committed” means the county where the crime for which the inmate was convicted occurred and shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison facility or while confined for treatment in a state hospital.
(b)  Notwithstanding subdivision (a), an inmate may be returned to another county in a case where that would be in the best interests of the public and of the parolee. If the Board of Prison Terms setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, or the Department of Corrections 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. In making its decision, the authority may 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 last legal residence of the inmate having been in another county.
(5)  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.
(6)  The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)  Notwithstanding any other law, an inmate who is released on parole shall not be returned to 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, of subdivision (c) of Section 667.5 and any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 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 Prison Terms or the Department of Corrections finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(d)  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.
(e)  An inmate may be paroled to another state pursuant to any other law.

SEC. 1.1.

 Section 3003 of the Penal Code is amended to read:

3003.
 (a)  (1)  Except as otherwise provided in this section, a parolee who is released on parole shall be returned to the county from which he or she was committed by the Department of Corrections and the parolee shall, after January 1, 1996, participate in any transportation program developed by the Department of Corrections, as a term and condition of his or her parole.
(2)  Upon a determination by the Department of Corrections that it is in the best interest of the public safety, the department shall physically transport the parolee, upon his or her release, to the county specified in paragraph (1). Until January 1, 1996, this paragraph shall only apply if this provision is made a condition of parole and the parolee accepts the condition.
(3)  For purposes of this subdivision, “county from which he or she was committed” means the county where the crime for which the parolee was convicted occurred and shall not be construed to mean the county wherein the parolee committed an offense while confined in a state prison facility or while confined for treatment in a state hospital.
(4)  The Department of Corrections shall develop and implement, by January 1, 1996, a cost-effective transportation program to transport each parolee to the county from which he or she was committed.
(b)  Notwithstanding subdivision (a), a parolee may be returned to another county in a case where that would be in the best interests of the public and of the parolee. If the Board of Prison Terms setting the conditions of parole for parolees sentenced pursuant to subdivision (b) of Section 1168, or the Department of Corrections setting the conditions of parole for parolees 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. In making its decision, the authority may 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 parolee’s parole would be successfully completed.
(3)  The verified existence of a work offer, or an educational or vocational training program.
(4)  The last legal residence of the parolee having been in another county.
(5)  The existence of family in another county with whom the parolee has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed.
(6)  The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)  Notwithstanding any other law, a parolee shall not be returned to 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, of subdivision (c) of Section 667.5 and any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7 or 12022.9, if the victim or witness has requested additional distance in the placement of the parolee on parole, and if the Board of Prison Terms or the Department of Corrections finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(d)  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.
(e)  A parolee may be paroled to another state pursuant to any other law.
(f)  Nothing in this section shall be construed as requiring or authorizing parole agents to transport prisoners or parolees from one site to any other site.

SEC. 1.2.

 Section 3003 of the Penal Code is amended to read:

3003.
 (a)  Except as otherwise provided in this section, an inmate who is released on parole shall be returned to the county from which he or she was committed.
For purposes of this subdivision, “county from which he or she was committed” means the county where the crime for which the inmate was convicted occurred and shall not be construed to mean the county wherein the inmate committed an offense while confined in a state prison facility or while confined for treatment in a state hospital.
(b)  Notwithstanding subdivision (a), an inmate may be returned to another county in a case where that would be in the best interests of the public and of the parolee. If the Board of Prison Terms setting the conditions of parole for inmates sentenced pursuant to subdivision (b) of Section 1168, or the Department of Corrections 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. In making its decision, the authority may 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 last legal residence of the inmate having been in another county.
(5)  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.
(6)  The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)  The Department of Corrections, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)  (1)  The Department of Corrections shall establish a pilot project, limited to San Bernardino County, in which the following information, if available, shall be released to the local law enforcement agencies regarding a paroled inmate who is released in San Bernardino County:
(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 the address as provided pursuant to this subparagraph was last verified.
(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.
(2)  The information required by this subdivision shall come from the parolee activity report and sex registrants file. 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 done by modem or tape transfer at least once each month.
(4)  The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(5)  The San Bernardino County Sheriff’s Department shall provide a program evaluation to the Department of Corrections at least once per month. The information shall be provided in a form available for transfer by modem or tape.
(6)  The Department of Corrections shall prepare and submit to the Legislature on or before June 30, 1996, a report on the program that includes a recommendation on whether the pilot program should be expanded and an evaluation of the resources necessary to expand the program statewide.
(e)  Notwithstanding any other 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, 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 12022.7 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 Prison Terms or the Department of Corrections finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(f)  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.
(g)  An inmate may be paroled to another state pursuant to any other law.

SEC. 1.3.

 Section 3003 of the Penal Code is amended to read:

3003.
 (a)  (1)  Except as otherwise provided in this section, a parolee who is released on parole shall be returned to the county from which he or she was committed by the Department of Corrections and the parolee shall, after January 1, 1996, participate in any transportation program developed by the Department of Corrections, as a term and condition of his or her parole.
(2)  Upon a determination by the Department of Corrections that it is in the best interest of the public safety, the department shall physically transport the parolee, upon his or her release, to the county specified in paragraph (1). Until January 1, 1996, this paragraph shall only apply if this provision is made a condition of parole and the parolee accepts the condition.
(3)  For purposes of this subdivision, “county from which he or she was committed” means the county where the crime for which the parolee was convicted occurred and shall not be construed to mean the county wherein the parolee committed an offense while confined in a state prison facility or while confined for treatment in a state hospital.
(4)  The Department of Corrections shall develop and implement, by January 1, 1996, a cost-effective transportation program to transport each parolee to the county from which he or she was committed.
(b)  Notwithstanding subdivision (a), a parolee may be returned to another county in a case where that would be in the best interests of the public and of the parolee. If the Board of Prison Terms setting the conditions of parole for parolees sentenced pursuant to subdivision (b) of Section 1168, or the Department of Corrections setting the conditions of parole for parolees 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. In making its decision, the authority may 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 parolee’s parole would be successfully completed.
(3)  The verified existence of a work offer, or an educational or vocational training program.
(4)  The last legal residence of the parolee having been in another county.
(5)  The existence of family in another county with whom the parolee has maintained strong ties and whose support would increase the chance that the inmate’s parole would be successfully completed.
(6)  The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960.
(c)  The Department of Corrections, in determining an out-of-county commitment, shall give priority to the safety of the community and any witnesses and victims.
(d)  (1)  The Department of Corrections shall establish a pilot project, limited to San Bernardino County, in which the following information, if available, shall be released to the local law enforcement agencies regarding a paroled inmate who is released in San Bernardino County:
(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 the address as provided pursuant to this subparagraph was last verified.
(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.
(2)  The information required by this subdivision shall come from the parolee activity report and sex registrants file. 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 done by modem or tape transfer at least once each month.
(4)  The unauthorized release or receipt of the information described in this subdivision is a violation of Section 11143.
(5)  The San Bernardino County Sheriff’s Department shall provide a program evaluation to the Department of Corrections at least once per month. The information shall be provided in a form available for transfer by modem or tape.
(6)  The Department of Corrections shall prepare and submit to the Legislature on or before June 30, 1996, a report on the program that includes a recommendation on whether the pilot program should be expanded and an evaluation of the resources necessary to expand the program statewide.
(e)  Notwithstanding any other law, a parolee shall not be returned a location to 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, 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 12022.7 or 12022.9, if the victim or witness has requested additional distance in the placement of the parolee on parole, and if the Board of Prison Terms or the Department of Corrections finds that there is a need to protect the life, safety, or well-being of a victim or witness.
(f)  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.
(g)  A parolee may be paroled to another state pursuant to any other law.
(h)  Nothing in this section shall be construed as requiring or authorizing parole agents to transport prisoners or parolees from one site to any other site.

SEC. 2.

 (a)  Section 1.1 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and AB 3331. It shall only become operative if (1) both bills are enacted and become effective on January 1, 1995, (2) each bill amends Section 3003 of the Penal Code, (3) AB 3 of the 1993–94 First Extraordinary Section is not enacted or as enacted does not amend that section, and (4) this bill is enacted after AB 3331, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b)  Section 1.2 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by both this bill and AB 3 of the 1993–94 First Extraordinary Session. It shall only become operative if (1) both bills are enacted and become effective, (2) each bill amends Section 3003 of the Penal Code, (3) AB 3331 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after AB 3, in which case one of the following alternatives shall be applicable:
(1)  If this bill becomes operative before AB 3, Section 1 of this bill shall be operative until the operative date of AB 3, at which time Section 1.2 of this bill shall become operative, and Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(2)  If this bill becomes operative after AB 3, Section 3003 of the Penal Code, as amended by AB 3, shall remain operative only until the operative date of this bill, at which time Section 1.2 of this bill shall become operative, and Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c)  Section 1.3 of this bill incorporates amendments to Section 3003 of the Penal Code proposed by this bill, AB 3331, and AB 3 of the 1993–94 First Extraordinary Session. It shall only become operative if (1) all three bills are enacted and become effective, (2) all three bills amend Section 3003 of the Penal Code, and (3) this bill is enacted after AB 3331 and AB 3, in which case one of the following alternatives shall be applicable:
(1)  If this bill becomes operative before AB 3, Section 1.1 of this bill shall be operative until the operative date of AB 3, at which time Section 1.3 of this bill shall become operative, and Sections 1, 1.1, and 1.2 of this bill shall not become operative.
(2)  If this bill becomes operative after AB 3, Section 3003 of the Penal Code, as amended by AB 3, shall remain operative only until the operative date of this bill, at which time Section 1.3 of this bill shall become operative, and Sections 1, 1.1, and 1.2 of this bill shall not become operative.