Amended in Senate May 7, 2013

Amended in Senate February 11, 2013

Senate Bill No. 57

Introduced by begin delete Senators Lieu and Rubio end delete begin insert Senator Lieu end insert

January 7, 2013

An act to begin insert amend Sections 3000.08 and 3451 of, and to end insert add begin delete Sections end delete begin insert Section end insert 3010.10 begin delete and 3466 to end delete begin insert to, end insert the Penal Code, relating to electronic monitoring.

LEGISLATIVE COUNSEL’S DIGEST

SB 57, as amended, Lieu. Electronic monitoring: removing or disabling GPS device: offense.

Existing law, as amended by Proposition 83, adopted at the November 7, 2006, statewide general election, requires the Department of Corrections and Rehabilitation to monitor sex offenders using a global positioning system (GPS). With regard to all other offenders, existing law permits begin delete county probation departments and end delete the Department of Corrections and Rehabilitation to use electronic or GPS monitoring to electronically monitor the whereabouts of individuals on begin delete probation and parole, respectively end delete begin insert parole end insert . Under existing law, a begin delete probationer or end delete parolee who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found guilty of violating the terms of his or her begin delete probation or end delete parole begin delete , respectively end delete .

This bill would begin delete provide that the unauthorized removal, as specified, of end delete begin insert prohibit a person who is required to register as a sex offender and who is subject to parole supervision from removing, as specified, end insert an electronic, GPS, or other monitoring device affixed as a condition of begin delete parole or postrelease community supervision is an offense punishable by imprisonment in the state prison for 16 months, 2 years, or 3 years. end delete begin insert parole. The bill would require, upon a first violation, the parole authority to revoke the person’s parole and impose a mandatory, 180-day period of incarceration, to be served in actual custody. The bill would require, upon a 2nd violation, the parole authority to revoke the person’s parole and impose a mandatory, 365-day period of incarceration, to be served in actual custody. The bill would further provide that, upon a 3rd or subsequent violation, the person is guilty of a felony, punishable by 16 months, 2 years, or 3 years in the state prison and, after serving a prison term for that offense, would subject the person to parole supervision by the Department of Corrections and Rehabilitation. end insert

Proposition 83 provides that any amendment of its provisions by the Legislature requires a 2⁄3 vote of the membership of each house unless the amendments expand the scope of its application or increase the punishments or penalties provided, in which case the Legislature may amend its provisions by a statute passed by a majority vote of each house.

Because this bill increases the punishments or penalties provided in Proposition 83, this bill would require a majority vote.

By creating a new crime, 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 3000.08 of the end insert begin insert Penal Code end insert begin insert , as amended
by Section 35 of Chapter 43 of the Statutes of 2012, is amended
to read: end insert

3000.08.  

(a) Persons released from state prison prior to or on
or after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county where the parolee is released or resides
for the purpose of hearing petitions to revoke parole and impose
a term of custody:

(1) A serious felony as described in subdivision (c) of Section
1192.7.

(2) A violent felony as described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime where the person eligible for release from prison
is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.

begin insert

(6) A violation of paragraph (3) of subdivision (c) of Section
3010.10.

end insert

(b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section
3450).

(c) At any time during the period of parole of a person subject
to this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the case,
arrest the person and bring him or her before the court, or the court
may, in its discretion, issue a warrant for that person’s arrest
pursuant to Section 1203.2.

(d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the supervising parole agency may
impose additional and appropriate conditions of supervision,
including rehabilitation and treatment services and appropriate
incentives for compliance, and impose immediate, structured, and
intermediate sanctions for parole violations, including flash
incarceration in a county jail. Periods of “flash incarceration,” as
defined in subdivision (e) are encouraged as one method of
punishment for violations of a parolee’s conditions of parole.
Nothing in this section is intended to preclude referrals to a reentry
court pursuant to Section 3015.

(e) “Flash incarceration” is a period of detention in county jail
due to a violation of a parolee’s conditions of parole. The length
of the detention period can range between one and 10 consecutive
days. Shorter, but if necessary more frequent, periods of detention
for violations of a parolee’s conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

(f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising parole agency shall, pursuant to Section 1203.2,
petition the court in the county in which the parolee is being
supervised to revoke parole. At any point during the process
initiated pursuant to this section, a parolee may waive, in writing,
his or her right to counsel, admit the parole violation, waive a court
hearing, and accept the proposed parole modification or revocation.
The petition shall include a written report that contains additional
information regarding the petition, including the relevant terms
and conditions of parole, the circumstances of the alleged
underlying violation, the history and background of the parolee,
and any recommendations. The Judicial Council shall adopt forms
and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the court shall have authority to
do any of the following:

(1) Return the person to parole supervision with modifications
of conditions, if appropriate, including a period of incarceration
in county jail.

(2) Revoke parole and order the person to confinement in the
county jail.

(3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court’s discretion.

(g) Confinement pursuant to paragraphs (1) and (2) of
subdivision (f) shall not exceed a period of 180 days in the county
jail.

(h) Notwithstanding any other provision of law, in any case
where Section 3000.1 or paragraph (4) of subdivision (b) of Section
3000 applies to a person who is on parole and the court determines
that the person has committed a violation of law or violated his or
her conditions of parole, the person on parole shall be remanded
to the custody of the Department of Corrections and Rehabilitation
and the jurisdiction of the Board of Parole Hearings for the purpose
of future parole consideration.

(i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of
the offense, whichever is greater:

(1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
1, and was subject to a period of parole exceeding three years at
the time he or she committed a felony for which they were
convicted and subsequently sentenced to state prison.

(2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted
in a conviction and state prison sentence.

(j) Parolees subject to this section who have a pending
adjudication for a parole violation on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings. Parole
revocation proceedings conducted by the Board of Parole Hearings
prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
subject to the jurisdiction of the Board of Parole Hearings.

(k) Except as described in subdivision (c), any person who is
convicted of a felony that requires community supervision and
who still has a period of state parole to serve shall discharge from
state parole at the time of release to community supervision.

(l) This section shall become operative on July 1, 2013.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 3010.10 is added to the Penal Code, to read:

3010.10.  

(a) A person who begin delete willfully removes or disables, end delete begin insert is
required to register as a sex offender pursuant to Section 290 shall
not remove or disable, end insert or begin delete willfully permits end delete begin insert permit end insert another to
remove or disable, an electronic, global positioning system (GPS),
or other monitoring device affixed to his or her begin delete person, knowing end delete
begin insert person as a condition of parole, when he or she knows end insert that the
device was affixed as a condition of begin delete parole, is guilty of a felony,
punishable by imprisonment in the state prison for 16 months, two
years, or three years. end delete begin insert parole. end insert

begin delete

(b) Except as provided in subdivision (c), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to the person of another, knowing that the device was
affixed as a condition of parole, is guilty of a felony, punishable
by imprisonment in the state prison for 16 months, two years, or
three years.

end delete begin delete

(c)

end delete

begin insert ( end insert begin insert b) end insert  (1) This section shall not apply to the removal or disabling
of an electronic, GPS, or other monitoring device 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 where 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.

begin insert

(c) Punishment for a violation of this section shall be as follows:

end insert begin insert

(1) Upon a first violation, 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. Notwithstanding any other
law, a person who has had his or her parole revoked pursuant to
this paragraph shall not be entitled to earn any time credits,
including, but not limited to, those described in Section 4019, and
shall be required to serve the entire 180-day period in actual
custody.

end insert begin insert

(2) Upon a second violation, 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 365 days. Notwithstanding any other
law, a person who has had his or her parole revoked pursuant to
this paragraph shall not be entitled to earn any time credits,
including, but not limited to, those described in Section 4019, and
shall be required to serve the entire 365-day period in actual
custody.

end insert begin insert

(3) Upon a third or subsequent violation, the person shall be
guilty of a felony, punishable by imprisonment in the state prison
for 16 months, two years, or three years.

end insert

begin delete

SEC. 2.  

Section 3466 is added to the Penal Code, to read:

3466.  

(a) A person who willfully removes or disables, or
willfully permits another to remove or disable, an electronic, global
positioning system (GPS), or other monitoring device affixed to
his or her person, knowing that the device was affixed as a
condition of postrelease community supervision, is guilty of a
felony, punishable by imprisonment in the state prison for 16
months, two years, or three years.

(b) Except as provided in subdivision (c), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to the person of another, knowing that the device was
affixed as a condition of postrelease community supervision, is
guilty of a felony, punishable by imprisonment in the state prison
for 16 months, two years, or three years.

(c)

 
(1) This section shall not apply to the removal or disabling of
an electronic, GPS, or other monitoring device 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 where the removal or disabling
of the electronic, GPS, or other monitoring device is authorized
or required by a court of law, 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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 3451 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3451.  

(a) Notwithstanding any other law and except for persons
serving a prison term for any crime described in subdivision (b),
all persons released from prison on and after October 1, 2011, or,
whose sentence has been deemed served pursuant to Section 2900.5
after serving a prison term for a felony shall, upon release from
prison and for a period not exceeding three years immediately
following release, be subject to community supervision provided
by a county agency designated by each county’s board of
supervisors which is consistent with evidence-based practices,
including, but not limited to, supervision policies, procedures,
programs, and practices demonstrated by scientific research to
reduce recidivism among individuals under postrelease supervision.

(b) This section shall not apply to any person released from
prison after having served a prison term for any of the following:

(1) A serious felony described in subdivision (c) of Section
1192.7.

(2) A violent felony described in subdivision (c) of Section
667.5.

(3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
of subdivision (c) of Section 1170.12.

(4) Any crime where the person eligible for release from prison
is classified as a High Risk Sex Offender.

(5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the State Department of State
Hospitals pursuant to Section 2962.

begin insert

(6) A violation of paragraph (3) of subdivision (c) of Section
3010.10.

end insert

(c) (1) Postrelease supervision under this title shall be
implemented by a county agency according to a postrelease strategy
designated by each county’s board of supervisors.

(2) The Department of Corrections and Rehabilitation shall
inform every prisoner subject to the provisions of this title, upon
release from state prison, of the requirements of this title and of
his or her responsibility to report to the county agency responsible
for serving that inmate. The department shall also inform persons
serving a term of parole for a felony offense who are subject to
this section of the requirements of this title and of his or her
responsibility to report to the county agency responsible for serving
that parolee. Thirty days prior to the release of any person subject
to postrelease supervision by a county, the department shall notify
the county of all information that would otherwise be required for
parolees under subdivision (e) of Section 3003.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.