BILL NUMBER: SB 504	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 26, 2009

   An act to amend Section 3004 of the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 504, as amended, Runner. Sex offenders: monitoring by global
positioning systems.
   Existing law requires every inmate who has been convicted for any
felony violation of a registerable sex offense or any attempt to
commit one of those offenses who is committed to prison and released
on parole, to be monitored by a global positioning system for life.

   This bill would replace the term "inmate" as used above with
"person."  
   This bill would allow the monitoring of these offenders by the
local law enforcement agency with jurisdiction over the city, county,
or city and county, in which these offenders reside and with which
they are required to register. The bill would make other technical
changes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3004 of the Penal Code is amended to read:
   3004.  (a) Notwithstanding any other law, the parole authority may
require, as a condition of release on parole or reinstatement on
parole, or as an intermediate sanction in lieu of return to prison,
that an inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping to
verify his or her compliance with all other conditions of parole. The
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the parolee and the agent supervising
the parolee which is to be used solely for the purposes of voice
identification.
   (b)  (1)    Every person who has been convicted
for any felony violation of a "registerable sex offense" described in
subdivision (c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for life. 
   (2) Any registered sex offender subject to global position
monitoring by the Department of Corrections and Rehabilitation
pursuant to this subdivision, may additionally be monitored by the
local law enforcement agency with jurisdiction over the city, county,
or city and county, in which he or she resides and with which he or
she is required to register. 
   (c) Any  inmate   person  released on
parole pursuant to this section shall be required to pay for the
costs associated with the monitoring by a global positioning system.
However, the Department of Corrections and Rehabilitation shall waive
any or all of that payment upon a finding of an inability to pay.
The department shall consider any remaining amounts the 
inmate   parolee  has been ordered to pay in fines,
assessments and restitution fines, fees, and orders, and shall give
priority to the payment of those items before requiring that the
 inmate   parolee  pay for the global
positioning monitoring.