AB 2121, as introduced, Gray. Sex Offenders: parole: disabling monitoring device.
Existing law, subject to exceptions, prohibits a person required to register as a sex offender from removing or disabling an electronic monitoring device, or permitting another to do so, if the device is a condition of parole. A violation of these provisions requires the parole authority to revoke the person’s parole and to require incarceration of the person in a county jail for 180 days.
This bill would increase the penalty for this parole violation to incarceration in a county jail for not less than 180 days and not more than one year.
By increasing the incarceration duties of local jail facilities, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3010.10 of the Penal Code is amended
2to read:
(a) A person who is required to register as a sex
4offender pursuant to Section 290 shall not remove or disable, or
5permit another to remove or disable, an electronic, global
6positioning system (GPS), or other monitoring device affixed to
7his or her person as a condition of parole, when he or she knows
8that the device was affixed as a condition of parole.
9(b) (1) This section shall not apply if the removal or disabling
10of an electronic, GPS, or other monitoring device is performed by
11a physician, emergency medical services technician, or by any
12other emergency response or medical personnel when doing so is
13necessary during the course of medical treatment of the person
14subject to the electronic, GPS, or other monitoring device.
15(2) This section shall not apply if the removal or disabling of
16the electronic, GPS, or other monitoring device is authorized or
17required by a court, or by the law enforcement, probation, parole
18authority, or other entity responsible for placing the electronic,
19GPS, or other monitoring device upon the person, or that has, at
20the time, the authority and responsibility to monitor the electronic,
21GPS, or other monitoring device.
22(c) Upon a violation of this section, the parole authority shall
23revoke the person’s parole and require that he or she be incarcerated
24in the county jail forbegin delete a period ofend deletebegin insert not less thanend insert 180 daysbegin insert
and not
25more than one yearend insert.
If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.
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