BILL ANALYSIS �
SB 57
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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."
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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
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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