BILL ANALYSIS Ó
AB 1213
Page 1
Date of Hearing: April 28, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
1213 (Wagner) - As Introduced February 27, 2015
SUMMARY: 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.
Specifically, this bill:
1)States that is the intent of the Legislature to provide for a
statewide database to receive and house all Global Positioning
System (GPS) device data for offenders monitored by criminal
justice agencies throughout the state. Developing and
implementing this database is a matter of public safety and
statewide importance. Presently there is no ability for
criminal justice agencies to access each other's GPS device
data to determine if an offender placed on GPS by one entity
is in the proximity of another offender monitored by a
different entity. A GPS database that can be accessed by
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criminal justice agencies will enhance supervision practices,
promote rehabilitative services, assist investigations and
ensure offender accountability and community safety.
2)Requires that the Department of Justice implement, operate,
and maintain the Offender Global Positioning System Database
for the use of criminal justice agencies.
3)Defines the following terms:
a) "Alert" means "a notification from the database to the
monitoring agency or user."
b) "Database" means "the Offender Global Positioning System
Database as described in this chapter."
c) "Global Positioning System device" or "GPS device" means
"a device that uses signals from satellites to determine an
offender's physical location with a high degree of
accuracy."
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d) "Monitoring agency" means the criminal justice agency
responsible, pursuant to statute or court order, for
monitoring an offender.
e) "Offender" means "any person convicted of a crime and
who is subject to GPS device monitoring by a criminal
justice agency."
f) "Reporting cycle" means "the specified minimum interval
at which a GPS device is to transmit data to the database."
g) "User" means "a criminal justice agency with a data
connection to the database."
4)Requires that by an unspecified date, the Department of
Justice develop functional specifications and standards for
offender GPS devices such that GPS device will transmit GPS
data information to the database at a specified reporting
cycle. The GPS data information transmitted to the database
shall include the following data elements:
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a) Latitude.
b) Longitude.
c) The offender's full name.
d) The monitoring entity's contact information.
e) The GPS device identification number.
f) The GPS device shall be capable of receiving commands
from the database to transmit the data information
identified in paragraph (1) regardless of the device's
reporting cycle.
5)Requires that by an unspecified date, the Department of
Justice develop functional specifications and standards for
the database in compliance with the following objectives:
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a) The database shall receive information from GPS devices
to include the data elements in paragraph (1) of
subdivision (a).
b) The database shall permit users to track and view
offender's proximity to other offenders.
c) The database shall permit users to create and use
offender monitoring alert zones. These zones which are
electronically demarcated during GPS monitoring, are as
follows:
i) An "inclusion zone" is a geographic area within
which it is appropriate for an offender to be present. If
the offender leaves this zone, an alert shall occur.
ii) An "exclusion zone" is a geographic area within
which an offender is not permitted. If the offender
enters this zone, an alert shall occur.
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iii) An "investigation zone" is a specialized geographic
area created by the monitoring agency or user where, if
specified criteria are met, an alert shall occur.
d) The database shall permit users to send a command to a
GPS device or multiple GPS devices to transmit the data
information identified in paragraph (1) of subdivision (a),
regardless of the device's reporting cycle.
e) The database shall permit users to determine if one or
more offenders are, or were, at or near a particular
location during a specified time frame.
6)Requires the Department of Justice consult with the following
entities and groups when developing the functional
specifications and standards as specified:
a) The Department of Corrections and Rehabilitation.
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b) Chief Probation Officers of California.
c) The California Probation, Parole, and Correctional
Association.
d) The California Police Chiefs Association.
e) The California Peace Officers' Association.
f) GPS device industry representatives.
7)Specifies that each entity and group listed in subdivision (c)
may designate a representative to work with the Department of
Justice to develop the functional specifications and standards
set forth in subdivisions (a) and (b).
8)States that criminal justice agencies that use GPS devices for
monitoring offenders have the ability to select from different
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manufacturers and vendors, in accordance with any contracting
policies, rules, and regulations governing their authority to
contract for those services. The functional specifications and
standards shall encourage multiple bidders and shall not have
the effect of limiting the criminal justice agencies to
choosing a GPS device that is able to be supplied by only one
manufacturer or vendor.
9)Species that, except as provided, a GPS device purchased or
used for GPS monitoring of offenders in this state shall
comply with the functional specifications and standards
developed by the Department of Justice.
10)States that any GPS devices purchased and used to monitor
offenders pursuant to a contract entered into before an
unspecified date, are exempted from data requirements.
11)Requires that on a triennial basis, following implementation
of the functional specifications and standards for GPS devices
and the database, the Department of Justice consult with the
specified entities and groups, to determine if there are any
improvements to the functional specifications and standards
for GPS devices and the database needed to meet the needs of
law enforcement and to take advantage of advancements in GPS
monitoring. The database shall be designed to accommodate
present and future data-processing equipment.
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12)States that the Department of Justice shall provide, at state
expense, connections to the database to one sheriff's system
and one probation department system in each county,
hereinafter the "county systems." Before providing the county
systems with connections to the database, the Department of
Justice shall adopt and publish for distribution, the
operating policies, practices, and procedures for the
database, and the security requirements for county systems
connecting to the database.
EXISTING LAW:
1)Requires The Department of Justice to maintain a statewide
telecommunications system of communication for the use of law
enforcement agencies. (Gov. Code, § 15152.)
2)States that the statewide telecommunications system shall be
under the direction of the Attorney General, and shall be used
exclusively for the official business of the state, and the
official business of any city, county, city and county, or
other public agency. (Gov. Code, § 15153.
3)Allows the Board of Parole Hearings, the court, or the
supervising parole authority to require, as a condition of
release on parole or reinstatement on parole, or as an
intermediate sanction in lieu of return to custody, that an
inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping
to verify his or her compliance with all other conditions of
parole. (Pen. Code, § 3004, subd. (a).)
4)Requires every inmate who has been convicted for any felony
violation of a "registerable sex offense" and who is committed
to prison and released on parole pursuant to Section 3000 or
3000.1 shall be monitored by a global positioning system for
life. (Pen. Code, § 3004, subd. (b).)
5)Requires any inmate released on parole pursuant to this
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section shall be to pay for the costs associated with the
monitoring by a global positioning system. However, the
Department of Corrections and Rehabilitation shall waive any
or all of that payment upon a finding of an inability to pay.
The department shall consider any remaining amounts the inmate
has been ordered to pay in fines, assessments and restitution
fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay
for the global positioning monitoring. (Pen. Code, § 3004,
subd. (c).)
6)Allows the Department of Corrections and Rehabilitation (CDCR)
to utilize continuous electronic monitoring to electronically
monitor the whereabouts of persons on parole, as provided by
this article. (Pen. Code, § 3010, subd. (a).)
7)Requires any use of continuous electronic monitoring, as
specified, to have as its primary objective the enhancement of
public safety through the reduction in the number of people
being victimized by crimes committed by persons on parole.
(Pen. Code, § 3010, subd. (b).)
8)Specifies that continuous electronic monitoring may include
the use of worldwide radio navigation system technology, known
as the Global Positioning System, or GPS. (Pen. Code, § 3010,
subd. (d)(1).)
9)Requires a person who is required to register as a sex
offender as a condition of parole to report to his or her
parole officer within one working day following release from
custody, or as instructed by a parole officer to have an
electronic, global positioning system (GPS), or other
monitoring device affixed to his or her person. (Pen. Code, §
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3010.10, subd. (a).)
10)Prohibits a person who is required to register as a sex
offender from removing, disabling, render inoperable, or
knowingly circumvent the operation of, or permit another to
remove, disable, render inoperable, or knowingly circumvent
the operation of, an electronic, GPS, or other monitoring
device affixed to his or her person as a condition of parole,
when he or she knows that the device was affixed as a
condition of parole. (Pen. Code, § 3010.10, subd. (b).)
11)Allows each county agency responsible for postrelease
supervision, under Realignment, to determine additional
appropriate conditions of supervision consistent with public
safety, including the use of continuous electronic monitoring,
order the provision of appropriate rehabilitation and
treatment services, determine appropriate incentives, and
determine and order appropriate responses to alleged
violations, which can include, but shall not be limited to,
immediate, structured, and intermediate sanctions up to and
including referral to a reentry court, or flash incarceration
in a city or county jail. (Pen. Code, § 3454(b)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 1213
establishes the California Offender Global Positioning System
Database so that criminal justice agencies can better scrutinize
the location and possible interactions of offenders wearing
court-ordered GPS monitoring devices.
"A GPS database that can be accessed by criminal justice
agencies will enhance supervision practices, promote
rehabilitative services, assist investigations and ensure
offender accountability and community safety."
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2)GPS Monitoring by California Department of Corrections and
Rehabilitation(CDCR):
The GPS monitoring component employs the tracking system of two
different vendors. Satellite Tracking of People (STOP) LLC is
the vendor used in San Bernardino, Riverside, the city of Los
Angeles, and Los Angeles County. Pro Tech is the vendor used in
Sacramento and Fresno. The hardware and software of each system
are virtually identical. Each vendor uses an active monitoring
system whereby the GPS unit takes a data point every minute and
transmits the location data every 10 minutes. A notice is
instantly transmitted during a strap tamper or zone violation
(i.e., an immediate event). Weighing six ounces, the GPS unit is
a single-piece device about the size of a computer mouse that is
worn flush around the left ankle, secured by a black plastic
band. It combines cellular and GPS technology to automatically
report the wearer's exact location. Its internal memory can be
remotely programmed with multiple inclusion and exclusion zones.
Each vendor's software employs a combination of data
integration, geomapping, and GPS technology to monitor parolees.
The GPS unit can track the precise location of parolees and link
the data to the location and time of reported crime incidents,
as well as electronically monitor individualized exclusion and
inclusion zones for violations. Any intersection of a tracked
parolee with a crime incident or a zone violation is known as a
"hit" and is electronically sent to the appropriate police or
corrections agency. Each vendor also tracks the information
about parolee activities supplied by the GPS technology and
transmits it to the supervising parole agent through the
monitoring center.
The parole agent typically receives the GPS information in two
forms: daily notification (DN) and immediate notification (IN)
alerts. For each parolee, a DN is emailed to the parole agent.
The notification details all the activity recorded by the GPS
unit, including charging activity, zone violations, strap
tampers, and other violations. The parole agent must review all
recorded activity and note any actions that stem from the
notification. The notification also includes a direct link to
the Web-based STOP data system for review of "tracks" or
movement patterns of any offender on any GPS caseload. The
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software plots the location and movement on an interactive
Google map, allowing the parole agent to see the movements of a
parolee and investigate any unusual or suspicious movement
patterns. The parole agents are provided with laptops enabled
with wireless Internet cards to allow access to VeriTracks from
the field.
http://www.cdcr.ca.gov/Reports/docs/External-Reports/Gang-GPS-Pro
gram-Narrative.pdf
3)Between October 2013 and March 2014, two men raped and killed
four women while wearing state and federally issued GPS devices
within the county boundaries of Orange County: At the time of
the crimes, the men were wearing GPS devices. One of the
devices was issued by the State of California and the other was
issued by federal authorities. One of the suspects was being
tracked with GPS by federal probation officers. The other was
being tracked with GPS by state parole officers. Police
indicated that information from the bracelets, as well as
cellphone records from the women, aided in the investigation.
In connection with the case, concerns were raised about why the
monitoring failed to identify the suspects more quickly.
http://www.ocregister.com/articles/gordon-609736-cano-anaheim.htmlh
ttp://www.ocregister.com/articles/gordon-613695-federal-probation
.html
4)Jessica's Law: California Proposition 83, better known as
Jessica's Law, was passed by voters in 2006. The provisions of
this law mandate that all sex offenders released on parole be
placed on GPS supervision for life and made California
Department of Correction and Rehabilitation (CDCR) parole agents
responsible for enforcing the terms and conditions of Jessica's
Law while a parolee is under the state's jurisdiction CDCR was
also charged with the responsibility of implementing this
program.
With a limited amount of GPS units, CDCR prioritized its High
Risk Sex Offender population of approximately 2,500 on parole to
be equipped with ankle monitors first. This first phase was
completed in April 2008. CDCR completed the implementation of
the program in December 2008 (6 months ahead of schedule) by
equipping another 2,300 non- HRSOs with GPS monitoring units,
bringing the total to 4,800. This figure nearly triples the
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1,800 GPS units used by Florida, the second-leading state to use
the devices. As of August 2011, there were 9,912 sex offenders
on parole in California (9 percent of all parolees under the
jurisdiction of the CDCR). Roughly 7,022 of these sex offenders
were living in the community, and 6,968 (99.2 percent) were
monitored by GPS technology. (Monitoring High-Risk Sex Offenders
With GPS Technology: An Evaluation of the California Supervision
Program, Final Report (2012), pp. 1-2, 1-3.)
5)GPS Tracking in California other than Sex Offenders: Last year,
then-L.A. County Sheriff Lee Baca solicited bids from GPS
tracking companies to monitor as many as 3,000 offenders
released from jail, while the county Probation Department is
using GPS to track hundreds of felons released from prison.
Riverside County has approved $1 million to monitor up to 600
criminals. (GPS Monitoring Alerts Overwhelm Probation Officers
in California, Paige St. John, McClatchy News Service, February
18, 2014.) Counties throughout the state are using GPS
monitoring at the local level for individuals on probation,
pretrial release, or mandatory supervision.
6)Argument in Support: According to The Orange County Board of
Supervisors, "The County fully endorses the goal of this bill to
require data-sharing among local and state GPS monitoring
systems to better scrutinize the interactions of offenders
required to wear the devices. Assuring that specific data is
provided to a state clearinghouse will ensure enhanced public
safety and quicker access to crucial investigative information.
"Additionally, we are also sponsoring a Joint Resolution to be
advanced by your office will ask the federal government to
endorse and participate in the state's data-sharing efforts,
Having a coordinated database tracking where offenders are
located may have led to early detection of the fraternization of
two men-one being monitored while on federal probation and the
other on state parole-accused of the deaths of four young women
in Orange County.
7)Argument in Opposition: According to The American Civil
Liberties Union of California, "Law enforcement agencies are
already struggling to keep up with the GPS data they currently
receive, and it seems ill-advised to add to their burden. As a
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recent Los Angeles Time article explained, "agents are drowning
in a flood of meaningless data, masking alarms that would signal
real danger." Increasing the amount of data local law
enforcement agents are expected to track would only further
drown them, and without clear returns. California law
enforcement officers have also been grappling with the flaws and
limitations of GPS technology itself - which have included dead
batteries, cracked cases, and reported locations being off by as
much as three miles. Until these problems are resolved, it
makes little sense to divert resources into creating a statewide
database.
Thousands of Californians are currently being monitored through
GPS devices. GPS data collection is itself an invasive process,
and raises constitutional concerns. Consolidated databases such
as the one proposed by AB 1213 are often more invasive than local
databases in that they allow a broader range of people to access
individuals' data - which, among other things, would include a
person's full name, date of birth, and his or her exact location
at any given time. Without any standards for who can access this
information, for what reasons, and for how long, it is unclear
whether a statewide database would pass constitutional muster.
One of the primary purposes of AB 1213 is to allow criminal
justice agencies to access each other's GPS device data to
determine if an individual placed on GPS by one entity is in the
proximity of another individual monitored by a different entity.
However, specifically tracking this type of data may raise
freedom of association concerns, and result in further law
enforcement overreach. Because people monitored through GPS
devices may associate for legal purposes - for example, at
church, in treatment groups, at their places of employment -
allowing multi-jurisdictional tracking of such associations could
result in further unnecessary law enforcement intrusion into
people's private lives and protected activities. Such tracking
could also result in additional false accusations of unlawful
activity, further exposing people previously convicted of crimes
to unnecessary criminal justice system involvement. GPS tracking
devices are worn on a person's ankle and are not typically
visible to the public. Circumstances can easily arise whereby a
monitored person inadvertently finds him or herself in close
proximity to another monitored person - say, at the grocery
store, or waiting for an oil change - which, while perfectly
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innocent, can already draw unnecessary law enforcement attention
and involvement. By encouraging law enforcement agencies to
track not only their own supervisees, but also the supervisees of
other agencies, it will be nearly impossible for them to
differentiate between lawful and unlawful activity simply by
looking at GPS data. Responding to additional false alarms will
likewise divert critical law enforcement time and other resources
away from proven investigation and prevention techniques."
8)Prior Legislation:
a) SB 57 (Lieu), Chapter 776, Statutes of 2013, prohibits a
person who is required to register as a sex offender and
who is subject to parole supervision from removing, as
specified, an electronic, GPS, or other monitoring device
affixed as a condition of parole. Upon a violation of the
provision, the bill would require the parole authority to
revoke the person's parole and impose a mandatory, 180-day
period of incarceration
b) SB 566 (Hollingsworth), of the 2008-2009 legislative
session, would have made the unauthorized removal,
disabling, or tampering with a GPS device affixed as a
condition of a criminal court order, juvenile court
disposition, parole, or probation a crime, punishable as
specified. The bill would require the court, if applicable,
to order restitution in an amount equivalent to the
replacement cost of the electronic, GPS, or other
monitoring device. The bill was held I the Senate Public
Safety Committee.
c) SB 1203 (G. Runner), of the 2008-2009 legislative
session, would have provided that any person who willfully
removes or disables an electronic, global positioning
system, or other monitoring device affixed to his or her
person or the person of another, knowing that the device
was affixed as part of a criminal sentence or juvenile
court disposition, as a condition of parole or probation,
or otherwise pursuant to law, is guilty of a misdemeanor,
punishable as specified. Because the bill would create a
new crime, the bill would create a state-mandated local
program. The bill failed passage in the Assembly Public
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Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Orange County Board of Supervisors
California District Attorneys Association
Peace Officers Research Association of California
Opposition
American Civil Liberties Union of California
California Public Defenders Association
Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744