SB 230

This bill 1) changes a victim's statutory right to participate in a hearing before

a prisoner is released from prison on parole or extended supervision, 2) changes the

victim's statutory right to notice when that prisoner is released, 3) requires a

prisoner to submit to a psychological evaluation before release on parole or

discretionary release on extended supervision, and 4) specifies that a police chief or

sheriff may disseminate information to the general public regarding a person who

is convicted of certain offenses who is released from prison and will be residing in the

police chief's or sheriff's jurisdiction.

Under current law, a prisoner is eligible for parole if he or she was sentenced

for a crime committed before December 31, 1999, and if he or she 1) has served at

least six months or 25 percent of his or her sentence, whichever is longer, or 2) for a

life sentence, has served at least 20 years. Under bifurcated sentencing, if a person

is given a sentence for a crime that was committed on or after December 31, 1999,

release to extended supervision is generally not discretionary. However, for a life

sentence with the possibility of release to extended supervision, the sentencing court

must hold a hearing to determine whether to grant extended supervision on or after

a predetermined eligibility date.

Current law requires the parole commission or the sentencing court to allow a

victim to make a statement at a hearing to determine eligibility for release to parole

or discretionary release to extended supervision on a life sentence. The bill requires

the parole commission or the sentencing court to allow a victim to make an oral

statement and to make use of visual aids.

Whenever a prisoner is released to parole or extended supervision, current law

requires the Department of Corrections to make a reasonable attempt to notify any

victims of the crime who request notice of the release. Under current law, DOC must

send this notice at least seven days before a prisoner is released on parole or extended

supervision. The bill requires this notice to be sent at least 30 days before a prisoner

is released to parole or extended supervision.

The bill also requires a prisoner to submit to a psychological evaluation and

requires the person conducting the evaluation to send a report to the authority

considering releasing the prisoner to parole or extended supervision. Under the bill,

that reviewing authority is required to consider the report when determining

whether to release the individual to parole or extended supervision.

Current law requires DOC to send a notice to the municipal police department

and the county sheriff for the area where a person who is released from prison will

be residing. The bill specifies that a police chief or sheriff that receives notice that

a prisoner will be residing in the police chief's or sheriff's jurisdiction after release

to parole or extended supervision may release the information in the notice to

members of the general public if, in the opinion of the police chief or sheriff, providing

that information is necessary to protect the public.