BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1452|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1452
Author: Runner (R)
Amended: 5/4/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/10/10
AYES: Kehoe, Cox, Alquist, Leno, Price, Walters, Wolk,
Wyland, Yee
NO VOTE RECORDED: Corbett, Denham
SUBJECT : Parole: local law enforcement authority to
impose GPS
requirements on non-revocable parolees
SOURCE : Author
DIGEST : This bill authorizes a local law enforcement
agency that has entered into a memorandum of understanding
(MOU) with the Department of Corrections and Rehabilitation
(CDCR), and that has primary jurisdiction over the location
where a parolee who is not subject to parole revocation
resides, to require that parolee to wear a global
positioning system or other electronic monitoring device
for the duration of the parole period. This bill provides
that this discretionary use of electronic monitoring shall
be funded by participating local law enforcement agencies,
CONTINUED
SB 1452
Page
2
and that they shall reimburse CDCR for costs it incurs
related to an MOU.
ANALYSIS : Current law creates in state government the
CDCR, headed by a Secretary who is appointed by the
Governor, subject to Senate confirmation, and serves at the
pleasure of the Governor. CDCR consists of Adult
Operations, Adult Programs, Juvenile Justice, the
Corrections Standards Authority, the Board of Parole
Hearings, the State Commission on Juvenile Justice, the
Prison Industry Authority, and the Prison Industry Board.
(Section 12838(a) of the Government Code)
Current law provides that "the supervision, management and
control of the state prisons, and the responsibility for
the care, custody, treatment, training, discipline and
employment of persons confined therein are vested in the
Secretary of the Department of Corrections and
Rehabilitation." (Section 5054 of the Penal Code [PEN])
Existing law generally provides that inmates serving a
determinate term of imprisonment shall be released on
parole for a period of three years. (PEN Section
3000(b)(1))
Existing law provides that any person released from prison
on parole may be released from parole after one year, or
two years for violent felonies, unless CDCR recommends to
the contrary. (PEN Section 3001)
Existing law provides that longer periods of parole apply
to specified crimes, for example lifetime parole for
persons sentenced to life imprisonment with the possibility
of parole. (PEN Section 3000.1)
Existing law includes these additional provisions:
1. Prisoners on parole shall remain under the legal custody
of the CDCR and shall be subject at any time to be taken
back within the enclosure of the prison. (PEN Section
3056)
2. Any person who has been returned to prison after
revocation of parole may be held for 12 months, and an
CONTINUED
SB 1452
Page
3
additional 12 months for prison misconduct. The person
shall then be released on parole for the balance of the
period of parole. (PEN Section 3057)
3. That prisoners, with the exception of life prisoners,
may earn custody credits for work and approved programs
to reduce the period of custody following revocation of
parole. (PEN Section 3057)
4. The parole authority - now the Board of Parole Hearings
(BPH) - shall have full power to suspend or revoke any
parole, and to order returned to prison any prisoner
upon parole. The written order of the parole authority
shall be a sufficient warrant for any peace or prison
officer to return to actual custody any conditionally
released or paroled prisoner. (PEN Section 3060)
Existing law creates the BPH and makes certain provisions
with respect to its powers and duties. (PEN Section 5075
et seq.)
Under current law BPH has "full power to suspend or revoke
any parole, and to order returned to prison any prisoner
upon parole. The written order of the parole authority
shall be a sufficient warrant for any peace or prison
officer to return to actual custody any conditionally
released or paroled prisoner." (PEN Section 3060)
Non-Revocable Parole
Current law, as enacted by SB 18 X3 (Ducheny), Chapter 28,
Statutes of 2009-10, Third Extraordinary Session, and
effective on and after January 25, 2010, provides that,
notwithstanding any other provision of law, CDCR shall not
return to prison, place a parole hold, or report any parole
violation to the BPH regarding any person to whom all of
the following criteria apply:
1. The person is not required to register as a sex
offender.
2. The person was not committed to prison for a serious
felony or a violent felony, and does not have a prior
conviction for a serious felony or a violent felony, as
CONTINUED
SB 1452
Page
4
specified.
3. The person was not committed to prison for a sexually
violent offense, and does not have a prior conviction
for a sexually violent offense, as specified.
4. The person was not found guilty of a serious
disciplinary offense during his/her current term of
imprisonment, as specified.
5. The person is not a validated prison gang member or
associate, as specified.
6. The person did not refuse to sign any written
notification of parole requirements or conditions, as
specified.
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. (PEN Section 3000.03)
This bill provides that a parolee to whom Section 3000.03
of the Penal Code is applicable may be required to wear a
global positioning system (GPS) or other electronic
monitoring device, for the duration of the parole period,
by a local law enforcement agency if the following
conditions are satisfied: (1) the local law enforcement
agency requiring the parolee to wear a GPS or other
electronic monitoring device has primary jurisdiction over
the location where the parolee resides, (2) the CDCR has,
in its discretion, authorized the local law enforcement
agency to use GPS technology or to otherwise monitor
nonrevocable parolees, and (3) the local law enforcement
agency satisfying the conditions, prior to any electronic
monitoring of nonrevocable parolees, has entered into an
MOU with the CDCR that establishes conditions under which
the local authority may use GPS technology or otherwise
monitor, supervise, or manage nonrevocable parolees in a
manner consistent with evidence-based practices. For
purposes of this bill, "evidence-based practices" means
supervision policies, procedures, programs, and practices
that have been demonstrated through scientific research to
reduce recidivism among individuals who have been released
or who are on probation or parole and that would be likely
CONTINUED
SB 1452
Page
5
to improve the probability that, while on parole, a parolee
to whom this section is applicable would not commit a new
offense.
This bill requires the local law enforcement agency to
reimburse CDCR for CDCR's costs in preparing, entering
into, and performing any actions pursuant to the MOU
specified in #3 above.
This bill provides that the "cost of acquiring, leasing,
and monitoring any 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 or other electronic monitoring
device."
This bill specifies that its provisions would "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."
This bill specifies that these provisions shall not be
construed to require CDCR or any local law enforcement
agency to use, or to authorize the use of, any GPS or any
other monitoring technology or program.
Prior legislation . SB 18 X3 (Ducheny), Chapter 28,
Statutes of 2009-10, Third Extraordinary Session, passed
the Senate on September 11, 2009 with a vote of 21-16.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Optional local program Unknown, non-reimbursable
local costs Local
MOU with CDCR Possibly significant costs; reimbursed
CONTINUED
SB 1452
Page
6
by locals General
SUPPORT : (Verified 5/11/10)
Association for Los Angeles Deputy Sheriffs
Los Angeles County Sheriff
Peace Officers Research Association of California
Riverside Sheriffs' Association
OPPOSITION : (Verified 5/11/10)
American Civil Liberties Union
California Attorneys for Criminal Justice
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The author states:
"SB 1452 allows the local law enforcement agency that has
jurisdiction over a parolee to require the parolee to
wear an electronic monitoring device for the duration of
their parole period.
"The local law enforcement agency is responsible for the
cost of acquiring, leasing, and monitoring the electronic
monitoring device.
"Existing law requires the Department of Corrections and
Rehabilitation (CDCR) to release a prisoner on parole
after the inmate has served his or her sentence.
"Under existing law, CDCR 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.
"Per Senate Bill X3 18 (Ducheny), on January 25, 2010,
the state began the process of releasing thousands of
inmates to the parole system without CDCR support or
supervision. These parolees will not be subject to parole
revocation for the commission of new crimes or violation
of the traditional terns of parole."
ARGUMENTS IN OPPOSITION : The American Civil Liberties
Union states: "Existing law grants the parole authority
CONTINUED
SB 1452
Page
7
the discretion to require that any parolee agree to
electronic monitoring as a condition of parole. We are
opposed to taking the discretion on parole conditions away
from the parole bard which at least has expertise and
applies state-wide consistency, and then hand it to local
law enforcement. Additionally, there are no standards for
local implementation raising serious concerns about
discriminatory application."
RJG:mw 5/13/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED