SB 852

Bill Subjects

Abstract

Existing law requires the Department of Corrections and Rehabilitation, county sheriff, and director of the local department of corrections, upon request, to give notice, as specified, prior to the release from state prison or county jail, of any person convicted of specified offenses, or of any change in parole status or relevant change in parole location, or if the person absconds from supervision while on parole, to a victim of the offense and others, as specified. Existing law provides for this notice by telephone and certified mail, and requires those persons requesting notice to provide current address and telephone numbers, as specified. This bill would authorize providing that notice by telephone, certified mail, or electronic mail, as selected by the requesting party, if that method is available. Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. This bill would provide that a victim, witness, or next of kin of the victim is not precluded from requesting notification using an automated electronic notification process, if available. Existing law, added by Proposition 8, approved by the voters at the June 8, 1982, statewide primary election and amended by Proposition 9, approved by the voters at the November 4, 2008, statewide general election, requires the Board of Parole Hearings, upon request, to notify the victim, or next of kin of the victim, of any crime committed by a prisoner, of any hearing to review or consider the parole suitability or the setting of a parole date for that prisoner. Proposition 8 provides that this statutory provision shall not be amended by the Legislature except by a statute passed in each house by rollcall vote, 23 of the membership concurring or by a statute approved by the voters. Proposition 9 provides that the statutory provisions of that act shall not be amended by the Legislature, except by a statute passed in each house by rollcall vote, 34 of the membership of each house concurring or by a statute approved by the voters. However, the Legislature may amend those provisions by a majority vote of the membership of each house to expand the scope of those provisions or to further the rights of victims of crimes. This bill would permit the victim, or next of kin of the victim, to receive that notice, upon request to the department and verification of the identity of the requester, by telephone, electronic mail, or certified mail, using the method selected by the requester, if that method is available. The bill would provide that this act furthers the rights of victims of crimes for purposes of Proposition 9. By amending this provision, the bill would amend Proposition 8. Because the bill would require the verification of the identity of the requester as a condition to receiving notice, it would amend Proposition 9 in a manner requiring a 34 vote. Existing law provides that as soon as placement of an inmate in any reentry or work furlough program is planned, but in no case less than 60 days prior to that placement, the Department of Corrections and Rehabilitation shall send written notice, if notice has been requested, to specified requesting parties, to the last address of the requesting party provided to the department. This bill would authorize the notice to be sent to a victim or next of kin of a victim by telephone, certified mail, or electronic mail, using the method of communication selected by the requesting party, if that method is available, and would require the department to send the notices to the last mailing address, electronic mail address, or telephone number provided to the department by the victim or next of kin of the victim. The bill would make other conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.