AB 1213, as introduced, Wagner. Offender Global Positioning System Database.
Existing law requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life.
This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database.
By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 2.7 (commencing with Section 15180)
2is added to Part 6 of Division 3 of Title 2 of the Government Code,
3to read:
4
It is the intent of the Legislature to provide for a
9statewide database to receive and house all Global Positioning
10System (GPS) device data for offenders monitored by criminal
11justice agencies throughout the state. Developing and implementing
12this database is a matter of public safety and statewide importance.
13Presently there is no ability for criminal justice agencies to access
14each other’s GPS device data to determine if an offender placed
15on GPS by one entity is in the proximity of another offender
16monitored by a different entity. A GPS database that can be
17accessed by criminal justice agencies will enhance supervision
18practices, promote rehabilitative services, assist investigations and
19ensure offender accountability and community safety.
The Department of Justice shall implement, operate,
21and maintain the Offender Global Positioning System Database
22for the use of criminal justice agencies.
As used in this chapter, the following terms are defined
24below:
25(a) “Alert” means a notification from the database to the
26monitoring agency or user.
27(b) “Database” means the Offender Global Positioning System
28Database as described in this chapter.
P3 1(c) “Global Positioning System device” or “GPS device” means
2a device that uses signals from satellites to determine an offender’s
3physical location with a high degree of accuracy.
4(d) “Monitoring agency” means the criminal justice agency
5responsible, pursuant to statute or court order, for monitoring an
6offender.
7(e) “Offender” means any person convicted of a crime and who
8is subject to GPS device monitoring by a criminal justice agency.
9(f) “Reporting cycle” means the specified minimum interval at
10which a GPS device is to transmit data to the database.
11(g) “User” means a criminal justice agency with a data
12connection to the database.
(a) On or before January 1, ______, the Department
14of Justice shall develop functional specifications and standards for
15offender GPS devices in compliance with the following objectives:
16(1) The GPS device shall transmit GPS data information to the
17database at a specified reporting cycle. The GPS data information
18transmitted to the database shall include the following data
19elements:
20(A) Latitude.
21(B) Longitude.
22(C) The offender’s full name.
23(D) The offender’s date of birth.
24(E) The monitoring entity’s contact information.
25(F) The GPS device identification number.
26(2) The GPS device shall be capable of receiving commands
27from the database to transmit the data information identified in
28paragraph (1) regardless of the device’s reporting cycle.
29(b) On or before January 1, ____, the Department of Justice
30shall develop functional specifications and standards for the
31database in compliance with the following objectives:
32(1) The database shall receive information from GPS devices
33to include the data elements in paragraph (1) of subdivision (a).
34(2) The database shall permit users to track and view
offender’s
35proximity to other offenders.
36(3) The database shall permit users to create and use offender
37monitoring alert zones. These zones which are electronically
38demarcated during GPS monitoring, are as follows:
P4 1(A) An “inclusion zone” is a geographic area within which it is
2appropriate for an offender to be present. If the offender leaves
3this zone, an alert shall occur.
4(B) An “exclusion zone” is a geographic area within which an
5offender is not permitted. If the offender enters this zone, an alert
6shall occur.
7(C) An “investigation zone” is a specialized geographic area
8created by the monitoring agency or user where, if specified criteria
9are met, an alert shall occur.
10(4) The
database shall permit users to send a command to a GPS
11device or multiple GPS devices to transmit the data information
12identified in paragraph (1) of subdivision (a), regardless of the
13device’s reporting cycle.
14(5) The database shall permit users to determine if one or more
15offenders are, or were, at or near a particular location during a
16specified time frame.
17(c) The Department of Justice shall consult with the following
18entities and groups when developing the functional specifications
19and standards set forth in subdivisions (a) and (b):
20(1) The Department of Corrections and Rehabilitation.
21(2) Chief Probation Officers of California.
22(3) The California Probation, Parole, and Correctional
23
Association.
24(4) The California Police Chiefs Association.
25(5) The California Peace Officers’ Association.
26(6) GPS device industry representatives.
27(d) Each entity and group listed in subdivision (c) may designate
28a representative to work with the Department of Justice to develop
29the functional specifications and standards set forth in subdivisions
30(a) and (b).
31(e) Criminal justice agencies that use GPS devices for
32monitoring offenders shall have the ability to select from different
33manufacturers and vendors, in accordance with any contracting
34policies, rules, and regulations governing their authority to contract
35for those services. The functional specifications and standards
36shall
encourage multiple bidders and shall not have the effect of
37limiting the criminal justice agencies to choosing a GPS device
38that is able to be supplied by only one manufacturer or vendor.
39(f) Except as provided in subdivision (g), a GPS device
40purchased or used for GPS monitoring of offenders in this state
P5 1shall comply with the functional specifications and standards
2developed pursuant to subdivision (a).
3(g) Subdivision (f) does not apply to any GPS devices purchased
4and used to monitor offenders pursuant to a contract entered into
5before January 1, ____.
6(h) On a triennial basis, following implementation of the
7functional specifications and standards for GPS devices and the
8database, the Department of Justice shall consult with the entities
9and groups identified in subdivision (c) to determine if there are
10any
improvements to the functional specifications and standards
11for GPS devices and the database needed to meet the needs of law
12enforcement and to take advantage of advancements in GPS
13monitoring. The database shall be designed to accommodate
14present and future data-processing equipment.
The Department of Justice shall provide, at state
16expense, connections to the database to one sheriff’s system and
17one probation department system in each county, hereinafter the
18“county systems.” Before providing the county systems with
19connections to the database, the Department of Justice shall adopt
20and publish for distribution, the operating policies, practices, and
21procedures for the database, and the security requirements for
22county systems connecting to the database.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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