AB 2121, as amended, 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 electronicbegin insert, global positioning system (GPS), or otherend insert 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 wouldbegin delete 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.end deletebegin insert
recast those provisions to prohibit the person from removing, disabling, rendering inoperable, or knowingly circumventing the operation of an electronic, GPS, or other monitoring system that is required as a condition of parole, or permitting another person to perform one of those prohibited acts, except as provided. The bill would additionally require a person who is required to register as a sex offender as a condition of parole to report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer, for the purpose of affixing an electronic, GPS, or other monitoring device to his or her person.end insert
Bybegin delete increasing the incarceration duties ofend deletebegin insert expanding the scope of provisions that, if violated, require
incarceration inend insert 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.
end deleteThis 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.
end deleteThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: 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 290begin delete shallend deletebegin insert as a condition of parole
5shall report to his or her parole officer within one working day
6following release from custody, or as instructed by a parole officer
7to have an electronic, global positioning system (GPS), or other
8monitoring device affixed to his or her person.end insert
9begin insert(b)end insertbegin insert end insertbegin insertA person who is required to register as a sex offender
10
pursuant to Sectionend insertbegin insert
290 shallend insert notbegin delete remove orend deletebegin insert remove,end insert disable,begin insert render
11inoperable, or knowingly circumvent the operation of,end insert or permit
12another tobegin delete remove orend deletebegin insert remove,end insert disable,begin insert render inoperable, or
13knowingly circumvent the operation of,end insert an electronic,begin delete global begin insert
GPSend insert, or other monitoring device affixed
14positioning system (GPS)end delete
15to his or her person as a condition of parole, when he or she knows
16that the device was affixed as a condition of parole.
17(b)
end delete
P3 1begin insert(c)end insert (1) This sectionbegin delete shallend deletebegin insert doesend insert not apply if thebegin delete removal or
2disabling end deletebegin deleteof anend deletebegin insert
removal, disabling, rendering inoperable, or
3circumvention of theend insert electronic, GPS, or other monitoring device
4is performed by a physician, emergency medical services
5technician, or by any other emergency response or medical
6personnel when doing so is necessary during the course of medical
7treatment of the person subject to the electronic, GPS, or other
8monitoring device.
9(2) This sectionbegin delete shallend deletebegin insert doesend insert not apply if thebegin delete removal orend deletebegin insert removal,end insert
10 disablingbegin insert,
rendering inoperable, or knowingly circumventing the
11operationend insert of the electronic, GPS, or other monitoring device is
12authorized or required by a court, or by the law enforcement,
13probation, parole authority, or other entity responsible for placing
14the electronic, GPS, or other monitoring device upon the person,
15or that has, at the time, the authority and responsibility to monitor
16the electronic, GPS, or other monitoring device.
17(c)
end delete
18begin insert(d)end insert Upon a violation of this section, the parole authority shall
19revoke the person’s parole and require that he or she be incarcerated
20in the
county jail forbegin delete not less than 180 days
and not more than one
21yearend delete
If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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