BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 57|
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UNFINISHED BUSINESS
Bill No: SB 57
Author: Lieu (D)
Amended: 9/3/13
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
SENATE FLOOR : 39-0, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Electronic monitoring: removing or disabling GPS
device: offense
SOURCE : Author
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
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electronic global positioning system (GPS) or other monitoring
device affixed as a condition of parole.
Assembly Amendments (1) limit the bill to remove the second
offense parole violation, (2) remove the third and subsequent
felony offense, and (3) remove the language preventing the use
of good time credits.
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
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. Provides that the parole authority shall revoke the person's
parole and requires that he/she be incarcerated in the county
jail for 180 days.
2. Exempts the removal or disabling of an electronic, GPS, or
other 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 subject to the
electronic, GPS, or other monitoring device.
3. Exempts the removal or disabling of the electronic, GPS, or
other monitoring device is authorized or required by a court,
or by the law enforcement, probation, parole authority, or
other entity responsible for placing the electronic, GPS, or
other monitoring device upon the person, or that has, at the
time, the authority and responsibility to monitor the
electronic, GPS, or other monitoring device.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, increased
local incarceration costs, potentially in the low millions of
dollars statewide, for mandatory six-month 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 to contract 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.
SUPPORT : (Verified 9/12/13)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Narcotic Officers' Association
California Police Chiefs Association
Crime Victims Action Alliance
Crime Victims United of California
Golden State Bail Agents Association
Los Angeles County District Attorney's Office
Los Angeles County Sheriff's Department
Los Angeles Police Protective League
Los Angeles Probation Officers Union, AFSCME Local 685
Riverside Sheriffs' Association
OPPOSITION : (Verified 9/11/13)
American Civil Liberties Union
California Attorneys for Criminal Justice
California Public Defenders Association
Friends Committee on Legislation
Legal Service for Prisoners with Children
Taxpayers for Improving Public Safety
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
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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.
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.
ARGUMENTS IN OPPOSITION : California Attorneys for Criminal
Justice writes:
This bill is one of many attempts in the current Legislative
session to chip away at the realignment of our corrections
priorities, as modified by AB 109, by requiring paroles who
disable their electronic global positioning system (GPS)
monitoring device to serve up to 3 years in state prison
rather than local jails.
We must not forget, the policy changes made in An 109 were the
product of several key factors and problems. First and
foremost, California had so many people in state prison that
the U.S. Supreme Court upheld a finding that the conditions
amounted to cruel punishment. Secondly, the enormous cost of
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long-term incarceration and parole revocations for even minor
offenders was contributing to the budget crisis and fueling
public cries for fiscal reform. Finally, realignment was
based on scientific research which demonstrated that these
programs and practices reduce recidivism at lower cost, to
benefit both offenders and their communities. (See Penal Code
§§17.5 and 14504.)
Prior to realignment, California's recidivism rates were
higher than the national average and it was abundantly clear
that our policies of parole supervision and revocation were
not protecting public safety. As recently as this month, a
three-
judge panel upheld the courts order for California to reduce
its prison population. SB 57 only adds to the existing
problem of overcrowding.
JG:k 9/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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