BILL NUMBER: SB 57 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 5, 2013
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE FEBRUARY 11, 2013
INTRODUCED BY Senator Lieu
JANUARY 7, 2013
An act to amend Sections 3000.08 and 3451 of, and to
add Section 3010.10 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 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 2nd or subsequent
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.
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.
SEC. 2. SECTION 1. Section 3010.10
is added to the Penal Code, to read:
3010.10. (a) 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 to 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 where 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) 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 or subsequent 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. 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. 4. SEC. 2. 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.