BILL ANALYSIS Ó
AB 2467
Page 1
Date of Hearing: April 24, 2012
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2467 (Hueso) - As Amended: February 24, 2012
As Proposed to be Amended in Committee
FOR VOTE ONLY
SUMMARY : Authorizes a court to order active Global Positioning
System (GPS) monitoring of a defendant where a protective order
has been issued to protect a victim of a violent crime committed
by the defendant. Specifically, this bill:
1)Allows a court to order a defendant to be placed on active GPS
monitoring in any criminal case where a protective order has
been issued to protect a victim of a violent crime committed
by the defendant if the court determines that the defendant
has the ability to pay for the costs associated with the
monitoring device.
2)Places the costs associated with GPS monitoring on the local
law enforcement agency with jurisdiction over the case if the
court determines a defendant does not have the ability to pay.
3)States that an order placing GPS monitoring of a defendant
pursuant to a protective order shall not exceed a period of
one year from the date the order was issued.
4)States that a victim may apply for an extension of the order
requiring GPS monitoring of a defendant upon a showing of the
continued need for the defendant to be placed on GPS
monitoring.
5)Limits each extension of an order placing GPS monitoring of a
defendant to a period of one year.
EXISTING LAW :
1)Authorizes a court, upon a good cause belief that harm to, or
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intimidation or dissuasion of, a victim or witness has
occurred or is reasonably likely to occur, to issue an order
protecting victims of violent crime from all contact by the
defendant, or contact, with the intent to annoy, harass,
threaten, or commit acts of violence, by the defendant.
ĘPenal Code Section 136.2(a)(7)(A).]
2)Provides that if a court does not issue an order in a case in
which the defendant is charged with a crime of domestic
violence as defined, the court on its own motion shall
consider issuing a protective order upon a good cause belief
that harm to, or intimidation or dissuasion of, a victim or
witness has occurred or is reasonably likely to occur, that
places restrictions on owning, purchasing or receiving
firearms, and orders the defendant to relinquish any firearms
he or she owns or possesses. ĘPenal Code Section
136.2(a)(7)(B).]
3)Authorizes a county probation department to utilize continuous
electronic monitoring to electronically monitor the
whereabouts of persons on probation. ĘPenal Code Section
1210.7(a).]
4)Defines "continuous electronic monitoring" to include the use
of worldwide radio navigation system technology, known as GPS.
The Legislature finds that because of its capability for
continuous surveillance, continuous electronic monitoring has
been used in other parts of the country to monitor persons on
parole who are identified as requiring a high level of
supervision. ĘPenal Code Sections 1210.7(d) and 3010(d)(1).]
5)Authorizes a chief probation officer to charge persons on
probation for the costs of any form of supervision that
utilizes continuous electronic monitoring devices that monitor
the whereabouts of the person pursuant to this chapter, upon a
finding of the ability to pay those costs. However, the
department shall waive any or all of that payment upon a
finding of an inability to pay. Inability to pay all or a
portion of the costs of continuous electronic monitoring
authorized by this chapter shall not preclude use of
continuous electronic monitoring, and eligibility for
probation shall not be enhanced by reason of ability to pay.
ĘPenal Code Section 1210. ĘPenal Code Section 1210.15(a).]
6)States that a chief probation officer may charge a person on
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probation for the cost of continuous electronic monitoring as
a condition of probation provided the person has first
satisfied all other outstanding base fines, state and local
penalties, restitution fines, and restitution orders imposed
by a court. ĘPenal Code Section 1210.15(b).]
7)Authorizes the parole authority to require, as a condition of
release on parole or reinstatement on parole, or as an
intermediate sanction in lieu of return to prison, that an
inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping
to verify his or her compliance with all other conditions of
parole. The devices shall not be used to eavesdrop or record
any conversation, except a conversation between the parolee
and the agent supervising the parolee which is to be used
solely for the purposes of voice identification. ĘPenal Code
Section 3004(a).]
8)Requires any inmate released on parole pursuant to this
section to pay for the costs associated with the monitoring by
GPS. However, the Department of Corrections and
Rehabilitation (CDCR) shall waive any or all of that payment
upon a finding of an inability to pay. CDCR shall consider
any remaining amounts the inmate has been ordered to pay in
fines, assessments and restitution fines, fees, and orders,
and shall give priority to the payment of those items before
requiring that the inmate pay for the global positioning
monitoring. ĘPenal Code Section 3004(c).]
FISCAL EFFECT : Unknown
COMMENTS:
1)Author's Statement : According to the author, "Domestic
violence offenses continue to be a significant public health
and criminal justice problem. In the U.S. each day, three
women are killed due to domestic violence. In California
alone, about 700,000 women currently experience domestic
violence; this is three times the national average. Domestic
violence is the leading cause of serious injury to women and
is responsible for three times as many emergency room visits
as car crashes and muggings combined.
"Courts issue protective orders. On any given year, there are
about 220,000 active restraining orders, most issued in
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domestic violence cases. However, over 50% of them are
violated, according to the National Partnership to End
Domestic Violence.
"AB 2467 provides victims with real and tangible protection. It
allows a court to order the active GPS monitoring of
perpetrators. If the perpetrator is within a certain distance
from the victim, the GPS device will go off alerting both the
victim and law enforcement. This helps turn victims into
survivors.
"About 30 other states use or are actively working on laws to
monitor defendants in domestic violence cases. In
Massachusetts, GPS monitoring has been very successful in
preventing homicides. Other countries, including Spain,
France, Scotland and Peru, also use GPS devices to monitor
perpetrators in these cases. CA would be joining the ranks of
these progressive states and countries. It's time to
prioritize the lives of domestic violence victims and stop
perpetrators in their tracks."
2)Background : According to information provided by the author,
" 'Active' GPS devices will be used so that the defendants are
tracked at all times. The offender will wear a device which
will be monitored by law enforcement and the victim will be
given a beeper. The monitoring system will be programmed with
exclusionary zones provided by the victim. If the offender
crosses the boundaries, the device goes will notify law
enforcement and the victim."
3)Background Information on GPS : GPS uses triangulation of
satellites orbiting the earth, similar to cellular phones.
Offenders wear ankle bracelets and carry with them packs
containing mobile receivers. When offenders are sleeping or
sitting, packs can be placed near them. A monitoring station
receives data from all offenders using the system and tracks
them. Tracking may be active or passive. Active GPS transmits
its location at near real-time intervals and can include
immediate alert notifications. Passive GPS transmits its
location at set intervals and alert notifications are usually
received the next day. ĘSee (accessed on April
10, 2012).] If the offender tampers with the equipment, moves
more than about 150 feet from the receiver, deviates from a
schedule, or ventures into forbidden territory, overseers are
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automatically paged. Not only does GPS follow offenders, GPS
can also be programmed with "exclusion zones" where sex
offenders are not allowed - for example, the home of a victim
or the victim's place of employment.
4)Currently No Authority to Allow GPS Surveillance of Defendants
on Protective Orders : Under existing law, GPS surveillance
may be used as a condition of probation or parole. The parole
authority is authorized to use electronic monitoring for the
purpose of helping to verify a parolee's compliance. GPS
surveillance may also be applied as a term of probation.
In granting probation, courts have broad discretion to impose
conditions to foster rehabilitation and to protect public
safety pursuant to Penal Code Section 1203.1. The court may
impose and require such reasonable conditions as it may
determine are fitting and proper to the end that justice may
be done; that amends may be made to society for the breach of
the law and for any injury done to any person resulting from
that breach; and, generally and specifically, for the
reformation and rehabilitation of the probationer.
Existing law does not provide for the placement of GPS
monitoring on a defendant who has not been placed on probation
or parole. This bill authorizes a court to place active GPS
monitoring on a defendant in any criminal case where a
protective order has been issued to protect a victim of a
violent crime committed by the defendant, and requires either
the defendant or the local law enforcement agency with
jurisdiction over the case to pay for the costs associated
with active GPS monitoring. This bill limits the duration of
GPS monitoring to one year, with the possibility of extending
the time if the victim can show the continued need for GPS
monitoring. If the defendant has not made any contact with
the victim within the past year, there would not be a
continued need to monitor the defendant.
This bill does not specify which agency is responsible for
tracking defendants on GPS monitoring. When a person is on
probation or parole, either a county probation department,
sheriff's department, or the California Department of
Corrections and Rehabilitation is charged with monitoring the
defendant. But for a person who is not on parole or
probation, it is unclear who will provide monitoring and
supervision of these individuals. It is likely that this task
will fall on local law enforcement agencies since this bill
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places the costs of GPS monitoring on these agencies when a
defendant does not have the ability to pay.
5)Argument in Support : According to South Bay Community
Services , "I am concerned that domestic violence and stalking
crimes continue to have a devastating impact on victims and
families throughout the state. What is troubling is that the
extent of the victim's protection lies in the hope that
his/her attacker complies with a court's protective order.
Unfortunately, this level of protection has not been enough;
one-half of the orders obtained by women against intimate
partners who physically assaulted and more than two-thirds of
the restraining orders against intimate partners who raped or
stalked the victim were violated. This will empower victims
of domestic violence and stalking by allowing them to take
back control of their lives and not live in fear that their
attacker may be lying in wait."
6)Related Legislation :
a) AB 2016 (Gorrell) makes it a felony or misdemeanor,
depending on the circumstances, to disable a GPS device
that is affixed as part of a criminal sentence. AB 2016
will be heard by this Committee today.
b) AB 2094 (Butler) eliminates the court's discretion to
reduce or waive the $400 minimum domestic violence fund fee
based on the defendant's ability to pay. AB 2094 is
pending hearing by the Assembly Committee on
Appropriations.
7)Previous Legislation :
a) AB 1081 (Torrico), of the 2009-10 Legislative Session,
would have allowed electronic monitoring through GPS
surveillance for those convicted of violating specified
protective orders, stalking, or felony domestic violence.
AB 1081 was held on the Committee on Appropriations'
Suspense File.
b) AB 1913 (Garcia), of the 2005-06 Legislative Session,
would have allowed a local law enforcement charged with
monitoring a person who must register as a sex offender
pursuant to existing law and who is transient, as
specified, to track that offender using a GPS device for as
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long as the person is transient. AB 1913 failed passage in
this Committee.
c) AB 335 (Walters), of the 2005-06 Legislative Session,
would have created a three-year pilot program in San Diego
requiring the placement of an electronic monitoring system
device or GPS device on a defendant as a condition of
release on bail or when released on his or her own
recognizance, if the defendant has been charged with
specified sexual offenses. AB 335 failed passage in this
Committee.
d) SB 619 (Speier), Chapter 484, Statutes of 2005,
authorizes county probation departments and CDCR to use
continuous electronic monitoring which may include GPS
technology to supervise persons on probation and parole, as
specified.
e) SB 963 (Ashburn), Chapter 488, Statutes of 2005, adds
GPS devices as a type of electronic monitoring that may be
used in a home detention program.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Chula Vista Police Department
Crime Victims United
South Bay Community Services
Two private individuals
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744