BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 722  


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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 722  
          (Bates) - As Amended May 5, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill creates a new state prison felony, punishable by 16  
          months, two, or three years, for any person who willfully  
          disables an electronic, global positioning system (GPS) if the  








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          device was affixed as a condition of parole, postrelease  
          community supervision (PRCS), or probation as a result of a  
          conviction for a specified sex offense.  The bill also requires  
          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.





          FISCAL EFFECT:


          1)Potential moderate ongoing cost in excess the $500,000 (GF) to  
            the California Department of Corrections and Rehabilitation  
            (CDCR) for additional state prison commitments.  According  
            CDCR records, approximately 1,200 inmates, in state prison for  
            the qualifying crimes, were release onto parole in a 12-month  
            period.  The annual contract bed rate is $29,000, if each year  
            ten parolees, less than one percent, were sentenced to two  
            years for disabling their GPS, the first-year costs would be  
            $290,000, and the ongoing cost would be $580,000.  


          2)Potential increase cost to CDCR, and nonreimbursable county  
            probation costs, for additional persons required to  
            participate and complete a sex offender management program. 


          3)Potential decrease in local incarceration costs if individuals  
            subject to parole revocation are charged with the state prison  
            felony instead. 


          COMMENTS:


          1)Purpose. According to the author, "SB 722 focuses upon high  








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            risk predatory sex offenders by limiting its application to  
            the offenses deemed most egregious by the legislature when it  
            approved the 'One Strike Rape' law. These offenses are: rape,  
            spousal rape, foreign object rape, lewd or lascivious acts  
            against children, sodomy, oral copulation, and continuous  
            sexual abuse of a child. The premise behind 'One Strike Rape'  
            is that one victim is enough."

            "The circumstances of some sex offenses are so aggravated that  
            the state imposes a life sentence to avoid the potential of  
            another victim.  When a rapist or child molester cuts off his  
            GPS device and evades the law the state has been put on notice  
            that others are at great risk." 
             
           2)Background.  Current law authorizes CDCR to utilize continuous  
            electronic monitoring, including GPS, to electronically  
            monitor the whereabouts of persons on parole as specified.    
            Proposition 83 of 2006 provides that every inmate who has been  
            convicted for any felony violation of a registerable sex  
            offense, or any attempt to commit one of those sex offenses,  
            and who is committed to prison and released on parole shall be  
            monitored by GPS for life.
            Prior to realignment, individuals released from prison were  
            placed on parole and supervised in the community by parole  
            agents of CDCR.  If it was alleged that a parolee had 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 be returned to state  
            prison for violating parole.


            Additionally, realignment changed where an offender is  
            incarcerated for violating parole or PRCS.  Most individuals  
            can no longer be returned to state prison for violating a term  
            of supervision; offenders serve their revocation term in  
            county jail.  The only offenders who may be returned to state  
            prison if parole is revoked are those with life terms.  










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          3)Argument in Support:  According to the Orange County Sheriff's  
            Department, "The management of sex offenders continues to be a  
            complex challenge for the law enforcement community.  Once a  
            sex offender serves his time in custody, a GPS device is the  
            best tool available to ensure that these types of offenders  
            are complying with state law.  Due to the fact that these  
            devices are so integral to the management of this population,  
            offenders must know that there will be serious consequences  
            for device tampering.  Creating this added level of deterrence  
            is a necessary addition to the penal code."

          4)Argument in Opposition:  According to the California Attorneys  
            for Criminal Justice (CACJ), "Current law allows for parole  
            revocation and incarceration in county jail for 180 days for  
            the disabling or removing of a GPS device. This law, as a  
            result of SB 57 (2013), went into effect on January 1, 2014.  
            In addition, AB 2121 (2014) 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 the release from custody for the purpose of affixing  
            the GPS device. The law also allows a certain amount of  
            discretion in deciding whether certain individuals should be  
            incarcerated for such violations." 

          5)Prior Legislation:  

             a)   AB 2121 (Gray), Chapter 603, Statutes of 2014, requires  
               sex offender parolees to report to their parole officers  
               within one working day following release from prison, or as  
               instructed by a parole officer, to be fitted with a GPS  
               tracking device.

             b)   SB 57 (Lieu), Chapter 776, Statutes of 2013, created a  
               new parole violation for a sex offender to remove or  
               disable an electronic GPS or other monitoring device  
               affixed as a condition of parole and required the person to  
               be incarcerated in county jail for 180 days.

          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  








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          319-2081