BILL ANALYSIS Ó SB 722 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 722 (Bates) - As Amended May 5, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 1 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 SB 722 Page 2 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 SB 722 Page 3 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. SB 722 Page 4 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) SB 722 Page 5 319-2081