BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 722


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          SENATE THIRD READING


          SB  
          722 (Bates)


          As Amended  August 31, 2015


          Majority vote


          SENATE VOTE:  40-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-1  |Melendez, Lackey,     |Quirk               |
          |                |     |Lopez, Low, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |16-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Nazarian, Eggman,     |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Rendon,        |                    |
          |                |     |Wagner, Weber, Wood   |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 










                                                                     SB 722


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          SUMMARY:  Creates a new state prison felony for any person who  
          willfully disables an electronic, global positioning system  
          (GPS) if the 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.   
          Specifically, this bill:  


          1)Requires that the person must have intended to evade  
            supervision and either does not surrender, or is not  
            apprehended, within one week of the issuance of a warrant for  
            absconding.


          2)Makes the violation of this provision a felony, punishable by  
            imprisonment in the state prison for 16 months, or two or  
            three years.


          3)Exempts 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.


          4)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.


          EXISTING LAW:   


          1)Authorizes the California Department of Corrections and  
            Rehabilitation (CDCR) to utilize continuous electronic  
            monitoring, including GPS, to electronically monitor the  
            whereabouts of persons on parole as specified.  








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          2)Provides that every inmate who has been convicted for any  
            felony violation of a registerable sex offense or any attempt  
            to commit any of those offenses and who was committed to  
            prison and released on parole shall be monitored by GPS for  
            the term of his or her parole, or for the duration or any  
            remaining part thereof, whichever period of time is less.    


          3)Provides, as enacted by Proposition 83 of 2006, 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.  


          4)Provides that whenever a parole officer supervising an  
            individual has reasonable cause to believe that the individual  
            is not complying with the rules or conditions set forth for  
            the use of continuous electronic monitoring as a supervision  
            tool, the officer supervising the individual may, without a  
            warrant of arrest, take the individual into custody for a  
            violation of parole.


          5)Authorizes the court, upon revocation of parole, to do any of  
            the following:


             a)   Reinstate parole with modification of conditions, if  
               appropriate, including a period of incarceration;


             b)   Revoke parole and order the parolee to serve time in the  
               county jail; or,


             c)   Refer the parolee to a reentry program or other  








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               evidence-based program.  


          6)Limits confinement in the county jail for up to 180 days of  
            incarceration per revocation.  


          7)Provides that parolees who are registered sex offenders and  
            are required to have a GPS device as a condition of parole  
            shall be subject to parole revocation and incarcerated in a  
            county jail for 180 days if they remove or otherwise disable  
            the device, as specified.  


          8)Requires persons placed on parole or formal probation for an  
            offense that requires the person to register as a sex offender  
            to complete a sex offender management program.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee:


          1)Potential moderate ongoing cost in excess the $500,000  
            (General Fund) 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; they estimate approximately 200 parolees  
            would be impacted.  The annual contract bed rate is $29,000,  
            if each year 200 parolees were sentenced to two years for  
            disabling their GPS, the first-year costs would be $5.8  
            million, and the ongoing cost would be $11.6 million.  


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









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


          COMMENTS:  According to the author, "SB 722 focuses upon high  
          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.  SB 722 is needed because in the  
          cases of Gordon and Cano the state simply waited for another  
          victim."




          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0001687

















                                                                     SB 722


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