BILL NUMBER: SB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  FEBRUARY 11, 2013

INTRODUCED BY    Senators   Lieu 
   and Rubio   Senator 
 Lieu 

                        JANUARY 7, 2013

   An act to  amend Sections 3000.08 and 3451 of, and to 
add  Sections   Section  3010.10 
and 3466 to   to,  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  county probation departments and
 the Department of Corrections and Rehabilitation to use
electronic or GPS monitoring to electronically monitor the
whereabouts of individuals on  probation and parole,
respectively   parole  . Under existing law, a
 probationer or  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  probation or  parole  , respectively
 .
   This bill would  provide that the unauthorized removal, as
specified, of   prohibit a person who is required to
register as a sex offender and who is subject to parole supervision
from removing, as specified,  an electronic, GPS, or other
monitoring device affixed as a condition of  parole or
postrelease community supervision is an offense punishable by
imprisonment in the state prison for 16 months, 2 years, or 3 years.
  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,
pun   ishable 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. 
   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:

   SECTION 1.    Section   3000.08 of the 
 Penal Code   , as amended by Section 35 of Chapter 43
of the Statutes of 2012, is amended to read: 
   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. 
   (6) A violation of paragraph (3) of subdivision (c) of Section
3010.10. 
   (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.
   SECTION 1.   SEC. 2.   Section 3010.10
is added to the Penal Code, to read:
   3010.10.  (a) A person who  willfully removes or disables,
  is required to register as a sex offender pursuant to
Section 290 shall not remove or disable,  or  willfully
permits   permit  another to remove or disable, an
electronic, global positioning system (GPS), or other monitoring
device affixed to his or her  person, knowing  
person as a condition of parole, when he or she knows  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.   parole.  
   (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.  
   (c) 
    (   b)  (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. 
   (c) Punishment for a violation of this section shall be as
follows:  
   (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. 

   (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. 

   (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.  
  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. 
   SEC. 3.    Section 3451 of the  Penal Code
  is amended to read: 
   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. 
   (6) A violation of paragraph (3) of subdivision (c) of Section
3010.10. 
   (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.
   SEC. 3.   SEC. 4.    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.