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SB-620 Criminal offender record information: referral of persons on supervised release.(2019-2020)

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Date Published: 06/17/2019 09:00 PM
SB620:v96#DOCUMENT

Amended  IN  Assembly  June 17, 2019
Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 620

Introduced by Senator Portantino

February 22, 2019

An act to add Article 8 (commencing with Section 13350) to Chapter 2 of Title 3 of Part 4 of the Penal Code, relating to criminal offender record information.


LEGISLATIVE COUNSEL'S DIGEST


SB 620, as amended, Portantino. Criminal offender record information: referral of persons on supervised release.
Existing law prohibits an employee of a criminal justice agency from furnishing information obtained from specified records, including information accessed via the California Law Enforcement Telecommunications System (CLETS) to any person not authorized to obtain that information.
This bill would authorize specified local law enforcement agencies to furnish limited information about persons on supervised release within their jurisdiction to specified nonprofit providers of services. a county, city, city and county, or nonprofit organization that provides transitional services to persons on supervised release. The bill would require a person on supervised release to be notified that they may consent to the release of their information for this purpose and would allow those persons to opt in to having their information released.
By placing additional requirements on postrelease supervision agencies, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 8 (commencing with Section 13350) is added to Chapter 2 of Title 3 of Part 4 of the Penal Code, to read:
Article  8. Referral of Persons on Supervised Release

13350.
 (a) Notwithstanding Section 13302 or any other provision of law, a municipal police department or county sheriff’s department may, subject to the requirements of this article, provide information obtained from the supervised release file of the California Law Enforcement Telecommunications System (CLETS) or other confidential sources, about persons on supervised release that are residing within the jurisdiction of that department to service providers located within that jurisdiction.
(b) The information that may be released pursuant to this section is limited to the name and address of the person on supervised release.
(c) For purposes of this section, “person on supervised release” means a person on parole from the state prison, postrelease community supervision, mandatory supervision, or supervised probation. It does not include a person on federal probation or any other type of supervised release from federal custody.
(d) For purposes of this section, “service provider” means a county, city, city and county, or nonprofit organization that provides transitional services to persons of on supervised release, including, but not limited to, assistance with housing, job training or placement, and counseling or mentoring.

13351.
 (a) A person on supervised release shall be notified that they may consent to the release of their name and address to service providers in the community into which they are released or in which they reside, for the purpose of facilitating the offering of transitional services. The person shall be given the option of authorizing their information to be released.
(b) Before releasing a supervised person’s information to a service provider pursuant to Section 13350, the law enforcement agency shall contact the person’s parole agent or probation officer to determine whether or not the person has authorized their information to be released.

SEC. 2.

 If the Commission on State Mandates determines that this act contains 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.