BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 57|
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THIRD READING
Bill No: SB 57
Author: Lieu (D)
Amended: 5/7/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Electronic monitoring: removing or disabling GPS
device: offense
SOURCE : Los Angeles County District Attorneys Office
DIGEST : This bill prohibits a person who is required to
register as a sex offender and who is subject to parole
supervision from removing or disabling, as specified, an
electronic global positioning system (GPS) or other monitoring
device affixed as a condition of parole.
ANALYSIS :
Existing law:
1. Requires the Department of Corrections and Rehabilitation
(CDCR) to monitor sex offenders using a GPS.
2. Permits the CDCR to use electronic or GPS monitoring to
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electronically monitor the whereabouts of individuals on
parole.
3. Provides that if 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/her parole.
This bill:
1. Prohibits a person who is required to register as a sex
offender and who is subject to parole supervision from
removing or disabling, as specified, an electronic GPS or
other monitoring device affixed as a condition of parole.
2. Provides for the following penalties:
A. Upon a first violation, the person's parole shall be
revoked and he/she shall be incarcerated in the county
jail for a period of 180 days. Notwithstanding any other
law, he/she shall not be entitled to earn any time credits
and shall be required to serve the entire 180-day period
in actual custody.
B. Upon a second violation, the person's parole shall be
revoked and he/she shall be incarcerated in the county
jail for a period of 365 days. Notwithstanding any other
law, he/she shall not be entitled to earn any time credits
and shall be required to serve the entire 365-day period
in actual custody.
C. 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.
3. Provides for the following exceptions:
A. The removal or disabling of the 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.
B. The removal or disabling of the monitoring device is
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authorized or required by a court, or by the law
enforcement, probation, parole authority, or other entity
responsible for placing the monitoring device upon the
person.
4. Provides that any sex offender released from state prison
after serving a term for a third or subsequent violation of
the GPS removal provisions in this bill are subject to parole
supervision by the CDCR and are not eligible for community
supervision by a local agency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Increased annual local incarceration costs for first and
second violations of the GPS removal/disabling prohibition.
For every 25% of annual violations (562 parolees), mandatory
180-day jail terms could potentially increase in-custody time
by 90 days, resulting in costs of $4 million (Local) assuming
a daily jail rate of $77. CDCR data for 2012 indicates over
2,250 sex offender parolees absconded, representing over
4,100 incidences prompting the issuance of warrants for
parolee arrests.
Unknown, potential future increase in state incarceration
costs to the extent a number of sex offender parolees commit
third and subsequent violations of this bill. To the extent
1% of the total sex offender parolee population eventually
resulted in third or subsequent violations, costs of $4.2
million to $6.3 million (General Fund) could result, assuming
a 16-month to two-year term in state prison.
Potential ongoing increase in state parole costs for sex
offenders convicted of third or subsequent violations of this
bill who would be subject to parole in lieu of community
supervision. For every 1% of the sex offender parolee
population noted above, increased parole costs of about
$340,000 (General Fund) per year.
Unknown potential offsetting cost savings to the criminal
justice system, including the courts, law enforcement, and
state and local facilities to the extent the enhanced
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penalties reduce the incidence of offenders violating parole
and/or committing new crimes.
SUPPORT : (Verified 5/23/13)
Los Angeles County District Attorney's Office (source)
Golden State Bail Agents Association
ARGUMENTS IN SUPPORT : Los Angeles County District Attorney's
Office writes:
For the last several months there have been a number of news
reports regarding the number of high risk sex offender
parolees removing or disarming their GPS. For example, in
February of this year, the Los Angeles Times reported
thousands of paroled child molesters, rapists and other
high-risk sex offenders in California are removing or
disarming their court-ordered GPS tracking devices - and some
have been charged with new crimes including sexual battery,
kidnapping and attempted manslaughter. The offenders have
discovered that they can disable the monitors, often with
little risk of serving time for it, a Times investigation has
found. The jails are too full to hold them. "It's a huge
problem," said Fresno parole agent Matt Hill. "If the public
knew, they'd be shocked. Paige St. John, Los Angeles Times,
Paroled sex offenders disarming tracking devices" (Feb. 23,
2013).
A particularly disturbing case in San Joaquin County involves
a parolee who had been sanctioned with jail time and released
early from jail several times - and after the last time
murdered his grandmother in her home.
As amended SB 57 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; upon a 2nd violation, the parole authority
would be required to revoke the person's parole and impose a
mandatory, 365-day period of incarceration, to be served in
actual custody; and upon a 3rd or subsequent violation, the
person could be charged with a felony, punishable by 16
months, 2 years, or 3 years in the state prison. Upon release
from prison, the person would be subject to parole supervision
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by the Department of Corrections and Rehabilitation.
Our office believes that SB 57 will serve as a deterrent to
many parolees who would otherwise remove/disable their GPS
monitoring devices. We believe that the current lack of a
swift and certain punishment for this behavior has played a
significant reason for the nearly 400% increase in the number
of parolees who willfully removed/disabled their GPS
monitoring devices in the first 15 months following the start
of realignment.
JG:k 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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