AB 2121, as amended, Gray. Sex Offenders: parole: disabling monitoring device.
Existing law, subject to exceptions, prohibits a person required to register as a sex offender from removing or disabling an electronic, global positioning system (GPS), or other monitoring device, or permitting another to do so, if the device is a condition of parole. A violation of these provisions requires the parole authority to revoke the person’s parole and to require incarceration of the person in a county jail for 180 days.
This bill would recast those provisions to prohibit the person from removing, disabling, rendering inoperable, or knowingly circumventing the operation of an electronic, GPS, or other monitoring system that is required as a condition of parole, or permitting another person to perform one of those prohibited acts, except as provided. The bill would additionally require a person who is required to register as a sex offender as a condition of parole to report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer, for the purpose of affixing an electronic, GPS, or other monitoring device to his or her person.begin insert The bill would provide that parole revocation and incarceration, as described above, are not mandatory for a violation of the provisions requiring reporting to a parole officer if the parole authority finds that in the interests of justiceend insertbegin insert those penalties are not appropriate in the particular case.end insert
By expanding the scope of provisions that, if violated, require incarceration in local jail facilities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3010.10 of the Penal Code is amended
2to read:
(a) A person who is required to register as a sex
4offender pursuant to Section 290 as a condition of parole shall
5report to his or her parole officer within one working day following
6release from custody, or as instructed by a parole officer to have
7an electronic, global positioning system (GPS), or other monitoring
8device affixed to his or her person.
9(b) A person who is required to register as a sex offender
10
pursuant to Section 290 shall not remove, disable, render
11inoperable, or knowingly circumvent the operation of, or permit
12another to remove, disable, render inoperable, or knowingly
13circumvent the operation of, an electronic,
GPS, or other
14monitoring device affixed to his or her person as a condition of
15parole, when he or she knows that the device was affixed as a
16condition of parole.
17(c) (1) This section does not apply if the
removal, disabling,
18rendering inoperable, or circumvention of the electronic, GPS, or
19other monitoring device is performed by a physician, emergency
20medical services technician, or by any other emergency response
21or medical personnel when doing so is necessary during the course
P3 1of medical treatment of the person subject to the electronic, GPS,
2or other monitoring device.
3(2) This section does not apply if the removal, disabling,
4rendering inoperable, or knowingly circumventing the operation
5of the electronic, GPS, or other monitoring device is authorized
6or required by a court, or by the law enforcement, probation, parole
7authority, or other entity responsible for placing the electronic,
8GPS, or other monitoring device upon the person, or that has, at
9the time, the authority and responsibility to monitor the electronic,
10
GPS, or other monitoring device.
11(d) Unless the parole authority finds that in the interests of
12justice it is not appropriate in a particular case, upon a violation
13of subdivision (a), the parole authority shall revoke the person’s
14parole and require that he or she be incarcerated in a county jail
15for 180 days.
16(d)
end delete
17begin insert(e)end insert Upon a violation ofbegin delete this sectionend deletebegin insert
subdivision (b)end insert, the parole
18authority shall revoke the person’s parole and require that he or
19she be incarcerated inbegin delete theend deletebegin insert aend insert county jail for 180 days.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
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