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.begin delete Theend deletebegin insert Upon a violation, theend insert bill wouldbegin delete require, upon a first violation,end deletebegin insert requireend insert the parole authority to revoke the person’s parole and impose a mandatory, 180-day period ofbegin delete 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.end deletebegin insert incarceration.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:
Section 3010.10 is added to the Penal Code, to
2read:
(a) A person who is required to register as a sex
4offender pursuant to Section 290 shall not remove or disable, or
5permit another to remove or disable, an electronic, global
6positioning system (GPS), or other monitoring device affixed to
7his or her person as a condition of parole, when he or she knows
8that the device was affixed as a condition of parole.
9(b) (1) This section shall not apply if the removal or disabling
10of an electronic, GPS, or other monitoring device is performed by
11a physician, emergency medical services technician, or by any
12other emergency response or medical personnel when doing so is
13necessary during the course of
medical treatment of the person
14subject to the electronic, GPS, or other monitoring device.
P3 1(2) This section shall not apply if the removal or disabling of
2the electronic, GPS, or other monitoring device is authorized or
3required by a court, or by the law enforcement, probation, parole
4authority, or other entity responsible for placing the electronic,
5GPS, or other monitoring device upon the person, or that has, at
6the time, the authority and responsibility to monitor the electronic,
7GPS, or other monitoring device.
8(c) Punishment for a violation of this section shall be as follows:
end delete9(1)
end delete
10begin insert(end insertbegin insertc)end insert Upon abegin delete first violation,end deletebegin insert violation of this section,end insert the parole
11authority shall revoke the person’s parole and require that he or
12she be incarcerated in the county jail for a period of 180 days.
13begin delete Notwithstanding any other law, a person who has had his or her
14parole revoked pursuant to this paragraph shall not be entitled to
15earn any time credits, including, but not limited to, those described
16in Section 4019, and shall be required to serve the entire 180-day
17period in actual custody.end delete
18(2) Upon a second or subsequent violation, the parole authority
19shall revoke the person’s parole and require that he or she be
20incarcerated in the county jail for a period of 365 days.
21Notwithstanding any other law, a person who has had his or her
22parole revoked pursuant to this paragraph shall not be entitled to
23earn any time credits, including, but not limited to, those described
24in Section 4019,
and shall be required to serve the entire 365-day
25period in actual custody.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
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