BILL NUMBER: SB 722 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
INTRODUCED BY Senator Bates
( Coauthor: Senator Huff
)
(Coauthor: Assembly Member Wagner)
FEBRUARY 27, 2015
An act to amend Sections 1203.067 and 3008 of, and to
add Section 645.5 to to, the Penal
Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 722, as amended, Bates. Sex offenders: GPS monitoring: removal.
Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, requires every inmate who has been
convicted of an offense that requires him or her to register as a sex
offender or any attempt to commit any of those offenses and who is
committed to prison and released on parole to be monitored by a
global positioning system for life. Existing law requires the
terms of probation or parole for all persons placed on formal
probation or parole for an offense that requires registration as a
sex offender to include, among other things, participation in, or
completion of, a sex offender management program, as specified.
This bill would make it a felony for a person to willfully remove
or disable an electronic, global positioning system, or other
monitoring device, if the device was affixed as part of a
criminal sentence or juvenile court disposition for a
condition of parole, postrelease community sup ervision,
or probation as a result of a conviction of certain specified
sex offenses, if the person intended to evade supervision and
either does not surrender, or is not apprehended, within one week of
the issuance of a warrant for absconding, punishable by
imprisonment in the state prison for 16 months, or 2 or 3 years.
The bill would require the terms of probation
or parole of a person who has committed a violation of these
provisions to include participation and completion of a sex offender
management program. By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 645.5 is added to the Penal Code, to read:
645.5. (a) A person who willfully removes or disables , or
permits another person to remove or disable, an electronic,
global positioning system, or other monitoring device affixed to his
or her person or the person of another,
person, if the device was affixed as a result of a
criminal sentence or juvenile court disposition for any offense
specified in subdivision (c) of Section 667.61,
condition of parole, postrelease community supervision, or probation
as a result of a conviction of any offense specified in subdivision
(c) of Section 667.61, if the person intended to evade supervision
and either does not surrender, or is not apprehended, within one week
of the issuance of a warrant for absconding, is
guilty of a felony, punishable by imprisonment in the state prison
for 16 months, or two or three years. There shall be a
rebuttable presumption that the person intended to evade supervision.
(b) This section does not apply to the removal or disabling of a
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 device. This section does not apply if the
removal or disabling of the device is authorized or required by a
court, by law enforcement, or by any other entity that is responsible
for placing the device upon the person or that has the authority and
responsibility to monitor the device.
SEC. 2. Section 1203.067 of the Penal
Code is amended to read:
1203.067. (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for
probation, the court shall do all of the following:
(1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
(2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
(3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
(b) On or after July 1, 2012, the terms of probation for persons
placed on formal probation for an offense that requires registration
pursuant to Sections 290 to 290.023, inclusive, or for the
offense specified in Section 645.5, shall include all of the
following:
(1) Persons placed on formal probation prior to July 1, 2012,
shall participate in an approved sex offender management program,
following the standards developed pursuant to Section 9003, for a
period of not less than one year or the remaining term of probation
if it is less than one year. The length of the period in the program
is to be determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court. Participation in this program applies to every
person described without regard to when his or her crime or crimes
were committed.
(2) Persons placed on formal probation on or after July 1, 2012,
shall successfully complete a sex offender management program,
following the standards developed pursuant to Section 9003, as a
condition of release from probation. The length of the period in the
program shall be not less than one year, up to the entire period of
probation, as determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court. Participation in this program applies to each
person without regard to when his or her crime or crimes were
committed.
(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising probation officer, pursuant to Section 290.09.
(c) Any defendant ordered to be placed in an approved sex offender
management program pursuant to subdivision (b) shall be responsible
for paying the expense of his or her participation in the program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
SEC. 3. Section 3008 of the Penal Code
is amended to read:
3008. (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing sex crimes, as
determined by the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a sex offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.
(c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a high
risk to the public of committing a sex crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.
(d) On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, or for the offense
specified in Section 645.5, shall include all of the following:
(1) Persons placed on parole prior to July 1, 2012, shall
participate in an approved sex offender management program, following
the standards developed pursuant to Section 9003, for a period of
not less than one year or the remaining term of parole if it is less
than one year. The length of the period in the program is to be
determined by the certified sex offender management professional in
consultation with the parole officer and as approved by the court.
Participation in this program applies to each person without regard
to when his or her crime or crimes were committed.
(2) Persons placed on parole on or after July 1, 2012, shall
successfully complete a sex offender management program, following
the standards developed pursuant to Section 9003, as a condition of
parole. The length of the period in the program shall be not less
than one year, up to the entire period of parole, as determined by
the certified sex offender management professional in consultation
with the parole officer and as approved by the court. Participation
in this program applies to every person described without regard to
when his or her crime or crimes were committed.
(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising parole officer, pursuant to Section 290.09.
(e) Any defendant ordered to be placed in an approved sex offender
management treatment program pursuant to subdivision (d) shall be
responsible for paying the expense of his or her participation in the
program. The department shall take into consideration the ability of
the defendant to pay, and no defendant shall be denied discharge
onto parole because of his or her inability to pay.
SEC. 2. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.