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 Page 2 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 Page 3 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