BILL ANALYSIS Ó
SB 722
Page 1
SENATE THIRD READING
SB
722 (Bates)
As Amended August 31, 2015
Majority vote
SENATE VOTE: 40-0
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|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 | |
| | | | |
| | | | |
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SB 722
Page 2
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
SB 722
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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.
SB 722
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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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