AB 1678

Bill Subjects

Abstract

Existing law requires the Department of Corrections and Rehabilitation to release a prisoner on a specified period of parole after the expiration of a term of imprisonment. Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified. Under existing law the department is prohibited from returning a parolee to prison, placing a parole hold on the parolee, or reporting the parolee to the Board of Parole Hearings for a violation of parole, if the parolee has not committed a violent or serious felony, is not required to register as a sex offender, was not found guilty of a serious disciplinary offense while in prison, is not a validated member of a prison gang, and has been determined by using a validated risk assessment tool as not posing a high risk to refined, as specified. This bill would provide that a person shall not be granted nonrevocable parole, as described above, if he or she is required to register pursuant to the California Street Terrorism Enforcement and Prevention Act, is listed on the CalGang System, or has identified himself or herself as a gang member to a staff member of the Department of Corrections and Rehabilitation. The bill would provide that a person shall not be granted nonrevocable parole if the person was committed to prison for solicitation of murder, involuntary manslaughter, stalking, or domestic violence, possession of an explosive or destructive device, unlawfully causing a fire to an inhabited structure, cruelty against children, battery resulting in serious bodily injury, battery against a peace officer, evading a police officer, or if the person has a previous conviction for one of these crimes. The bill would also provide that a person shall not be granted nonrevocable parole if an objection to the person's parole, by a local law enforcement agency, has been sustained by either the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, as specified. This bill would require the department to inform a local law enforcement agency within 48 hours of determining that a prisoner is eligible to be released on nonrevocable parole in the local agency's jurisdiction, and to provide local law enforcement 10 business days to object to the person's release. This bill would require the Secretary of the Department of Corrections and Rehabilitation, or his or her designee, to review any objection and to not grant nonrevocable parole if the department concurs with the objection. If the department does not concur, the bill would require the Board of Parole Hearings to hold a public hearing in which the person's victims would be permitted to testify, and would require a 23 vote of the board to release the person on nonrevocable parole. This bill would require the department to provide certain information on its Internet Web site regarding inmates released to nonrevocable parole, as specified. This bill would require that parole information be accessible to law enforcement agencies through the California Law Enforcement Telecommunications System, as specified.