Amended in Assembly August 5, 2013

Amended in Senate May 7, 2013

Amended in Senate February 11, 2013

Senate BillNo. 57


Introduced by Senator Lieu

January 7, 2013


An act tobegin delete amend Sections 3000.08 and 3451 of, and toend delete add Section 3010.10begin delete to,end deletebegin insert toend 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 the Department of Corrections and Rehabilitation to use electronic or GPS monitoring to electronically monitor the whereabouts of individuals on parole. Under existing law, a 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 parole.

This bill would 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. 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 2ndbegin insert or subsequentend insert 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.begin delete 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 delete

Proposition 83 provides that any amendment of its provisions by the Legislature requires a 23 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 delete
P2    1

SECTION 1.  

Section 3000.08 of the Penal Code, as amended
2by Section 35 of Chapter 43 of the Statutes of 2012, is amended
3to read:

4

3000.08.  

(a) Persons released from state prison prior to or on
5or after July 1, 2013, after serving a prison term or, whose sentence
6has been deemed served pursuant to Section 2900.5, for any of the
7following crimes shall be subject to parole supervision by the
8Department of Corrections and Rehabilitation and the jurisdiction
9of the court in the county where the parolee is released or resides
10for the purpose of hearing petitions to revoke parole and impose
11a term of custody:

P3    1(1) A serious felony as described in subdivision (c) of Section
21192.7.

3(2) A violent felony as described in subdivision (c) of Section
4667.5.

5(3) A crime for which the person was sentenced pursuant to
6paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
7of subdivision (c) of Section 1170.12.

8(4) Any crime where the person eligible for release from prison
9is classified as a High Risk Sex Offender.

10(5) Any crime where the person is required, as a condition of
11parole, to undergo treatment by the Department of Mental Health
12pursuant to Section 2962.

13(6) A violation of paragraph (3) of subdivision (c) of Section
143010.10.

15(b) Notwithstanding any other provision of law, all other
16offenders released from prison shall be placed on postrelease
17supervision pursuant to Title 2.05 (commencing with Section
18 3450).

19(c) At any time during the period of parole of a person subject
20to this section, if any parole agent or peace officer has probable
21cause to believe that the parolee is violating any term or condition
22of his or her parole, the agent or officer may, without warrant or
23other process and at any time until the final disposition of the case,
24arrest the person and bring him or her before the court, or the court
25may, in its discretion, issue a warrant for that person’s arrest
26pursuant to Section 1203.2.

27(d) Upon review of the alleged violation and a finding of good
28cause that the parolee has committed a violation of law or violated
29his or her conditions of parole, the supervising parole agency may
30impose additional and appropriate conditions of supervision,
31including rehabilitation and treatment services and appropriate
32incentives for compliance, and impose immediate, structured, and
33intermediate sanctions for parole violations, including flash
34incarceration in a county jail. Periods of “flash incarceration,” as
35defined in subdivision (e) are encouraged as one method of
36punishment for violations of a parolee’s conditions of parole.
37Nothing in this section is intended to preclude referrals to a reentry
38court pursuant to Section 3015.

39(e) “Flash incarceration” is a period of detention in county jail
40due to a violation of a parolee’s conditions of parole. The length
P4    1of the detention period can range between one and 10 consecutive
2days. Shorter, but if necessary more frequent, periods of detention
3for violations of a parolee’s conditions of parole shall appropriately
4punish a parolee while preventing the disruption in a work or home
5establishment that typically arises from longer periods of detention.

6(f) If the supervising parole agency has determined, following
7application of its assessment processes, that intermediate sanctions
8up to and including flash incarceration are not appropriate, the
9supervising parole agency shall, pursuant to Section 1203.2,
10petition the court in the county in which the parolee is being
11supervised to revoke parole. At any point during the process
12initiated pursuant to this section, a parolee may waive, in writing,
13his or her right to counsel, admit the parole violation, waive a court
14hearing, and accept the proposed parole modification or revocation.
15The petition shall include a written report that contains additional
16information regarding the petition, including the relevant terms
17and conditions of parole, the circumstances of the alleged
18underlying violation, the history and background of the parolee,
19and any recommendations. The Judicial Council shall adopt forms
20and rules of court to establish uniform statewide procedures to
21implement this subdivision, including the minimum contents of
22supervision agency reports. Upon a finding that the person has
23violated the conditions of parole, the court shall have authority to
24do any of the following:

25(1) Return the person to parole supervision with modifications
26of conditions, if appropriate, including a period of incarceration
27in county jail.

28(2) Revoke parole and order the person to confinement in the
29county jail.

30(3) Refer the person to a reentry court pursuant to Section 3015
31or other evidence-based program in the court’s discretion.

32(g) Confinement pursuant to paragraphs (1) and (2) of
33subdivision (f) shall not exceed a period of 180 days in the county
34jail.

35(h) Notwithstanding any other provision of law, in any case
36where Section 3000.1 or paragraph (4) of subdivision (b) of Section
373000 applies to a person who is on parole and the court determines
38that the person has committed a violation of law or violated his or
39her conditions of parole, the person on parole shall be remanded
40to the custody of the Department of Corrections and Rehabilitation
P5    1and the jurisdiction of the Board of Parole Hearings for the purpose
2of future parole consideration.

3(i) Notwithstanding subdivision (a), any of the following persons
4released from state prison shall be subject to the jurisdiction of,
5and parole supervision by, the Department of Corrections and
6Rehabilitation for a period of parole up to three years or the parole
7term the person was subject to at the time of the commission of
8the offense, whichever is greater:

9(1) The person is required to register as a sex offender pursuant
10to Chapter 5.5 (commencing with Section 290) of Title 9 of Part
111, and was subject to a period of parole exceeding three years at
12the time he or she committed a felony for which they were
13convicted and subsequently sentenced to state prison.

14(2) The person was subject to parole for life pursuant to Section
153000.1 at the time of the commission of the offense that resulted
16in a conviction and state prison sentence.

17(j) Parolees subject to this section who have a pending
18adjudication for a parole violation on July 1, 2013, shall be subject
19to the jurisdiction of the Board of Parole Hearings. Parole
20revocation proceedings conducted by the Board of Parole Hearings
21prior to July 1, 2013, if reopened on or after July 1, 2013, shall be
22subject to the jurisdiction of the Board of Parole Hearings.

23(k) Except as described in subdivision (c), any person who is
24convicted of a felony that requires community supervision and
25who still has a period of state parole to serve shall discharge from
26state parole at the time of release to community supervision.

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

end delete
28

begin deleteSEC. 2.end delete
29begin insertSECTION 1.end insert  

Section 3010.10 is added to the Penal Code, to
30read:

31

3010.10.  

(a) A person who is required to register as a sex
32offender pursuant to Section 290 shall not remove or disable, or
33permit another to remove or disable, an electronic, global
34positioning system (GPS), or other monitoring device affixed to
35his or her person as a condition of parole, when he or she knows
36that the device was affixed as a condition of parole.

37(b) (1) This section shall not applybegin delete toend deletebegin insert ifend insert the removal or disabling
38of an electronic, GPS, or other monitoring devicebegin insert is performedend insert by
39a physician, emergency medical services technician, or by any
40other emergency response or medical personnel when doing so is
P6    1necessary during the course of medical treatment of the person
2subject to the electronic, GPS, or other monitoring device.

3(2) This section shall not applybegin delete whereend deletebegin insert ifend insert the removal or disabling
4of the electronic, GPS, or other monitoring device is authorized
5or required by a court, or by the law enforcement, probation, parole
6authority, or other entity responsible for placing the electronic,
7GPS, or other monitoring device upon the person, or that has, at
8the time, the authority and responsibility to monitor the electronic,
9GPS, or other monitoring device.

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

11(1) Upon a first violation, the parole authority shall revoke the
12person’s parole and require that he or she be incarcerated in the
13county jail for a period of 180 days. Notwithstanding any other
14law, a person who has had his or her parole revoked pursuant to
15this paragraph shall not be entitled to earn any time credits,
16including, but not limited to, those described in Section 4019, and
17shall be required to serve the entire 180-day period in actual
18custody.

19(2) Upon a secondbegin insert or subsequentend insert violation, the parole authority
20shall revoke the person’s parole and require that he or she be
21incarcerated in the county jail for a period of 365 days.
22Notwithstanding any other law, a person who has had his or her
23parole revoked pursuant to this paragraph shall not be entitled to
24earn any time credits, including, but not limited to, those described
25in Section 4019, and shall be required to serve the entire 365-day
26period in actual custody.

begin delete

27(3) Upon a third or subsequent violation, the person shall be
28guilty of a felony, punishable by imprisonment in the state prison
29for 16 months, two years, or three years.

end delete
begin delete
30

SEC. 3.  

Section 3451 of the Penal Code is amended to read:

31

3451.  

(a) Notwithstanding any other law and except for persons
32serving a prison term for any crime described in subdivision (b),
33all persons released from prison on and after October 1, 2011, or,
34whose sentence has been deemed served pursuant to Section 2900.5
35after serving a prison term for a felony shall, upon release from
36prison and for a period not exceeding three years immediately
37following release, be subject to community supervision provided
38by a county agency designated by each county’s board of
39supervisors which is consistent with evidence-based practices,
40including, but not limited to, supervision policies, procedures,
P7    1programs, and practices demonstrated by scientific research to
2reduce recidivism among individuals under postrelease supervision.

3(b) This section shall not apply to any person released from
4prison after having served a prison term for any of the following:

5(1) A serious felony described in subdivision (c) of Section
61192.7.

7(2) A violent felony described in subdivision (c) of Section
8667.5.

9(3) A crime for which the person was sentenced pursuant to
10paragraph (2) of subdivision (e) of Section 667 or paragraph (2)
11of subdivision (c) of Section 1170.12.

12(4) Any crime where the person eligible for release from prison
13is classified as a High Risk Sex Offender.

14(5) Any crime where the person is required, as a condition of
15parole, to undergo treatment by the State Department of State
16Hospitals pursuant to Section 2962.

17(6) A violation of paragraph (3) of subdivision (c) of Section
183010.10.

19(c) (1) Postrelease supervision under this title shall be
20implemented by a county agency according to a postrelease strategy
21designated by each county’s board of supervisors.

22(2) The Department of Corrections and Rehabilitation shall
23inform every prisoner subject to the provisions of this title, upon
24release from state prison, of the requirements of this title and of
25his or her responsibility to report to the county agency responsible
26for serving that inmate. The department shall also inform persons
27serving a term of parole for a felony offense who are subject to
28this section of the requirements of this title and of his or her
29responsibility to report to the county agency responsible for serving
30that parolee. Thirty days prior to the release of any person subject
31to postrelease supervision by a county, the department shall notify
32the county of all information that would otherwise be required for
33parolees under subdivision (e) of Section 3003.

end delete
34

begin deleteSEC. 4.end delete
35begin insertSEC. 2.end insert  

No reimbursement is required by this act pursuant to
36Section 6 of Article XIII B of the California Constitution because
37the only costs that may be incurred by a local agency or school
38district will be incurred because this act creates a new crime or
39infraction, eliminates a crime or infraction, or changes the penalty
40for a crime or infraction, within the meaning of Section 17556 of
P8    1the Government Code, or changes the definition of a crime within
2the meaning of Section 6 of Article XIII B of the California
3Constitution.



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