BILL NUMBER: SB 1452	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2010

INTRODUCED BY   Senator Runner

                        FEBRUARY 19, 2010

   An act to amend Section 3000.03 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1452, as amended, Runner. Parole: electronic monitoring.
   Existing law requires the Department of Corrections and
Rehabilitation to release a prisoner on a specified period of parole
after the expiration of a specified term of imprisonment. Under
existing law, the department is authorized to return a parolee to
prison if the Board of Parole Hearings determines that the parolee
violated the terms of his or her parole, as specified. Existing law
prohibits the department from returning certain parolees to prison,
placing a parole hold on the parolee, or reporting the parolee to the
Board of Parole Hearings for a violation of parole, as specified.
   This bill would provide that a parolee to whom these prohibitions
on the department are applicable may be required to wear an
electronic monitoring device, for the duration of the parole period,
by a local law enforcement agency that has jurisdiction over the
location where the parolee resides, as specified. The bill would
provide that the cost of acquiring, leasing, and monitoring the
electronic monitoring device shall be the responsibility of the local
law enforcement agency requiring the wearing of the device.
   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 3000.03 of the Penal Code is amended to read:
   3000.03.  (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation shall not return to
prison, place a parole hold on pursuant to Section 3056, or report
any parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply:
   (1) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
   (2) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
   (3) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
   (4) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
   (5) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
   (6) The person did not refuse to sign any written notification of
parole requirements or conditions, including, but not limited to, the
written notification of requirements pursuant to Section 3067.
   (7) The person was evaluated by the department using a validated
risk assessment tool and was not determined to pose a high risk to
reoffend.
   (b) A parolee to whom this section is applicable may be required
to wear a  Global Positioning System   global
positioning system  or other electronic monitoring device, for
the duration of the parole period, by a local law enforcement agency
if the local law enforcement agency requiring the parolee to wear a
 Global Positioning System   global positioning
system  or other electronic monitoring device has primary
jurisdiction over the location where the parolee resides. The cost of
acquiring, leasing, and monitoring any  Global Positioning
System   global positioning system  or other
electronic equipment shall be the responsibility of the local law
enforcement agency requiring the parolee to wear a  Global
Positioning System   global positioning system  or
other electronic monitoring device. 
   (c) This section does not mandate the use of a global positioning
system or other electronic monitoring device by law enforcement and
does not create an obligation on the part of any law enforcement
agency or local government agency in connection with the
discretionary use, or nonuse, of these monitoring devices.