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