Bill > A5045

Introduced Session

This bill requires the Chairman of the Parole Board to detain a parolee and commence revocation proceedings when an offender is arrested or indicted for assaulting a law enforcement officer or when a parolee threatens to kill or cause physical harm to a law enforcement officer, or a member of the law enforcement officer's family. Under current law, the parole board is notified immediately upon the arrest or indictment of a parolee or upon the filing of charges that the parolee committed a criminal act. The board is prohibited from revoking parole on the basis of new charges which have not resulted in a disposition at the trial level. However, upon application by the prosecuting authority, the Juvenile Justice Commission or the Director of the State Parole Board's Division of Parole, the chairman of the parole board or the chairman's designee may at any time detain the parolee and commence revocation proceedings when the chairman determines that the new charges against the parolee are of a serious nature and it appears that the parolee otherwise poses a danger to the public safety. This bill requires a parolee to be detained and parole revocation proceedings to commence on the basis of an arrest or indictment of a parolee who assaulted a law enforcement officer or a report that the parolee threatened to kill or cause physical harm to a law enforcement officer, or a member of the law enforcement officer's family. In order to have parole revoked, the bill requires the threat to be made with the purpose to put the law enforcement officer in imminent fear of death or physical harm under circumstances that cause the law enforcement officer to believe the immediacy of the threat and the likelihood that it will be carried out. The bill also would apply to a parolee who assaults or threatens a retired law enforcement officer on the basis of the retired officer's former status as an active duty law enforcement officer.

AI Summary

Committee Categories

Wayne DeAngelo (D)*,  Gabriela Mosquera (D)*,  Carol Murphy (D)*,  R. Bruce Land (D),  Matthew Milam (D),  Jay Webber (R), 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/14/2019)