BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 57
                                                                  Page  1

          Date of Hearing:   August 14, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 57 (Lieu) - As Amended:  August 5, 2013 

          Policy Committee:                             Public  
          SafetyVote:5-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill creates mandatory minimum incarceration penalties for  
          registered sex offenders who disable an electronic global  
          positioning system (GPS) or other monitoring device affixed as a  
          condition of parole. Specifically, this bill:

          1)Provides, for a first violation, parole revocation and 180  
            days in county jail, with no credits allowed. 

          2)Provides, for a second or subsequent violation, parole  
            revocation and one year in county jail, with no credits  
            allowed. 

           FISCAL EFFECT  

          Increased local incarceration costs, likely in the low millions  
          of dollars, for mandatory six-month and one-year jail terms.  
          While there is no direct state cost, adding more inmates to  
          realigned county jails could affect future realignment formula  
          discussions, as well as add to local jail overcrowding, which  
          decreases the state's option for contracting with local jails  
          for inmate beds, which is one of the proposed strategies in the  
          state's response to the three-judge panel order regarding inmate  
          population reduction. 

          In addition, Prop 30 (2012) specifies that legislation enacted  
          after September 30, 2012, "that has an overall effect of  
          increasing the costs already borne by a local agency for  
          programs or levels of service mandated by the 2011 Realignment  
          Legislation shall apply to local agencies only to the extent  
          that the State provides annual funding for the cost increase."  








                                                                  SB 57
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          The creation of mandatory minimum terms, with no sentence  
          credits, appears to be covered, however, under the preexisting  
          crimes and infractions mandate disclaimer, which was not changed  
          by Prop 30. 

          Based on Department of Corrections and Rehabilitation (CDCR)  
          data, from 2010 through 2012, inclusive, 6,092 sex offenders  
          absconded from parole (about 20% of the sex offenders on parole)  
          and 5,791 were captured. (According to CDCR, almost all disabled  
          their GPS devices.) Assuming county jail per capita costs of  
          about $28,000, for every 10% of the captured population that  
          serves a period of incarceration as a result of this bill, using  
          a nine-month average sentence, annual costs would be about $4.2  
          million. 

          It should be noted that under current law, these offenders may  
          be revoked and sentenced to 180 days in county jail - with  
          credits. As most absconders are captured, the problem seems to  
          be more about the execution of the law, not the absence of a  
          workable statute. Making penalties mandatory - and eliminating  
          the potential for good-time credits, removes state parole and  
          local law enforcement discretion at a time when jail  
          overcrowding and management issues are paramount.

           COMMENTS  

           1)Rationale  . Noting the large number of absconding sex  
            offenders, the author and law enforcement proponents contend  
            mandatory minimum penalties are necessary to deter sex  
            offenders from disabling their GPS devices. 

           2)Background Regarding Changes to Parole As a Result of   
            Realignment  . Prior to realignment, parolees were supervised by  
            CDCR parole agents. When a parolee violated a condition of  
            parole, he or she would have a revocation proceeding before  
            the Board of Parole Hearings (BPH).  If parole was revoked,  
            the offender would return to state prison for up to one year.  
            With credits, the revocation term was generally four to seven  
            months.
             
             Realignment shifted supervision of most parolees from CDCR to  
            local probation departments.  CDCR parole is now limited to  
            violent and serious offenders, strikers, high-risk sex  
            offenders and mentally disordered offenders. All other inmates  
            released from prison are subject to up to three years of  








                                                                  SB 57
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            post-release community supervision (PRCS) under local  
            supervision.  

            Realignment also changed where an offender is incarcerated for  
            violating parole or PRCS. Only former lifers can be returned  
            to state prison for violating parole. All other offenders  
            serve the revocation term in county jail, with a 180-day  
            maximum.

           3)Fiscal/Policy Concerns  . 

              a)   Mandatory minimum penalties  remove discretion from state  
               and local law enforcement and treat all offenders the same,  
               regardless of circumstances. 

              b)   Eliminating all sentence credits  for this offense is  
               inconsistent with the penalties for virtually all other  
               offenses. Even violent and serious offenders receive at  
               least 15% sentence credit. As noted in the Public Safety  
               analysis, the unequal treatment of these offenders could  
               raise equal protection issues. 

              c)   Creating a new type of realignment parole revocation  
               sentence  for a second parole violation, when the current  
               maximum revocation term is 180 days could lead to  
               additional statutory exceptions for other offenses.

              d)   Jail management and overcrowding  issues  would not be  
               lessened by reduced sentencing discretion and eliminating  
               credits.  

           4)Opposition  . According to the ACLU, "These provisions may have  
            a substantial effect on already overcrowded jails, and further  
            hamstring the efforts of local law enforcement to manage its  
            own jail population."

           
          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081