BILL NUMBER: AB 2477	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        FEBRUARY 21, 2014

   An act to amend Section 3010.10 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2477, as introduced, Gorell. Parole.
   Existing law, subject to exceptions, prohibits a person required
to register as a sex offender from removing or disabling an
electronic 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 extend these provisions to a person convicted of a
violent felony who is released on parole from the state prison.
   By increasing the incarceration duties of 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3010.10 of the Penal Code is amended to read:
   3010.10.  (a) A person  convicted of a violent felony as
described in subdivision (c) of Section 667.5 who is released from p
  rison on parole or a person  who is required to
register as a sex offender pursuant to Section 290 shall not remove
or disable, or permit another to remove or disable, an electronic,
global positioning system (GPS), or other monitoring device affixed
to his or her person as a condition of parole, when he or she knows
that the device was affixed as a condition of parole.
   (b) (1) This section shall not apply if the removal or disabling
of an electronic, GPS, or other monitoring device is performed by a
physician, emergency medical services technician, or by any other
emergency response or medical personnel when doing so is necessary
during the course of medical treatment of the person subject to the
electronic, GPS, or other monitoring device.
   (2) This section shall not apply if the removal or disabling of
the electronic, GPS, or other monitoring device is authorized or
required by a court, or by the law enforcement, probation, parole
authority, or other entity responsible for placing the electronic,
GPS, or other monitoring device upon the person, or that has, at the
time, the authority and responsibility to monitor the electronic,
GPS, or other monitoring device.
   (c) Upon a violation of this section, the parole authority shall
revoke the person's parole and require that he or she be incarcerated
in the county jail for a period of 180 days.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.