BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2121|
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THIRD READING
Bill No: AB 2121
Author: Gray (D)
Amended: 7/1/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/19/14 - See last page for vote
SUBJECT : Sex Offenders: parole: disabling monitoring device
SOURCE : California District Attorneys Association
California State Sheriffs Association
DIGEST : This bill requires sex offender parolees to report to
their parole officers within one working day following release
from prison, or as instructed by a parole officer, to be fitted
with a global positioning system (GPS) tracking device.
ANALYSIS :
Existing law:
1. Requires all persons paroled before October 1, 2011, to
remain under the supervision of the Department of Corrections
and Rehabilitation (CDCR) until jurisdiction is terminated by
CONTINUED
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operation of law or until parole is discharged.
2. Requires the following persons released from prison on or
after October 1, 2011, be subject to parole under the
supervision of CDCR:
A. A person who committed a serious felony, as specified;
B. A person who committed a violent felony, as specified;
C. A person serving a Three-Strikes sentence;
D. A high risk sex offender;
E. A mentally disordered offender;
F. A person required to register as a sex offender and
subject to a parole term exceeding three years at the time
of the commission of the offense for which he/she is being
released; and
G. A person subject to lifetime parole at the time of the
commission of the offense for which he or she is being
released.
1. Requires all other offenders released from prison to be
placed on post-release community supervision under the
supervision of a county agency, such as a probation
department.
2. Authorizes CDCR to utilize continuous electronic monitoring,
including GPS, to electronically monitor the whereabouts of
persons on parole.
3. Provides that every inmate who has been convicted for any
felony for which sex offender registration is required, or
any attempt to commit such an offense, shall be monitored by
GPS while on parole.
4. Provides that every inmate who has been convicted for any
felony for which sex offender registration is required, or
any attempt to commit such a crime, and who has been
committed to prison and released on parole shall be monitored
by GPS for life.
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5. Prohibits a person who is required to register as a sex
offender and who is subject to parole supervision from
removing or disabling a GPS device affixed as a condition of
parole.
6. Authorizes the court, upon revocation of parole, to do any
of the following:
A. Reinstate parole with modification of conditions, if
appropriate, including a period of incarceration;
B. Revoke parole and order the parolee to serve time in
the county jail; or
C. Refer the parolee to a reentry program or other
evidence-based program.
1. Limits confinement in the county jail for up to 180 days of
incarceration per revocation.
2. Requires a mandatory 180-day term of incarceration in the
county jail for a sex offender on parole who removes or
disables a GPS device.
This bill:
1. Requires a parolee who is required to register as a sex
offender to report to his/her parole agent to have a GPS
device affixed within one working day of release from
custody, or as instructed by a parole agent, as a condition
of parole.
2. States that a parolee who is required to register as a sex
offender is prohibited not only from removing or disabling
the GPS device, but also from rendering it inoperable or
knowingly circumventing its operation.
3. Provides that parole revocation and incarceration are not
mandatory for a violation of the provisions requiring
reporting to a parole officer if the parole authority finds
that in the interests of justice those penalties are not
appropriate in a particular case.
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Comments
The author states:
In 2006, more than 70% of California voters enacted
Proposition 83, "The Sexual Predator Punishment and Control
Act: Jessica's Law." This reform strengthened penalties, and
required lifelong GPS monitoring of high risk sex offenders.
The CDCR is responsible for monitoring this population which
accounts for only 11% of California's sex offenders
statewide.
Last year, the legislature enacted SB 57 ([Lieu], Chapter
776, Statutes of 2013) which imposes a 180-day period of
incarceration for any sex offender who removes, disables, or
otherwise renders inoperable the GPS tracking device affixed
as a condition of their parole.
However, there is no statute that provides for any recourse
should a parolee fail to report to have the monitoring device
affixed in the first place or if the parolee willfully
renders the device inoperable without physically removing the
device.
AB 2121 provides a uniform deterrent across the board
consistent with SB 57. Any of these actions, which impede the
ability of law enforcement to adequately monitor paroled sex
offenders, shall result in the same mandatory 180-day
incarceration. These actions share the same result, which is
to render the GPS monitor useless as a tool of law
enforcement. The bill recognizes this fact and applies an
equal deterrent accordingly, to ensure that law enforcement
has the tools they need to adequately protect and maintain
public safety.
AB 2121 ensures this high risk population, that voters have
consistently segregated by lengthy prison sentences,
registration, posting of their pictures on the internet and
life-time monitoring, be held accountable for violating their
parole.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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SUPPORT : (Verified 8/1/14)
California District Attorneys Association (co-source)
California State Sheriffs' Association (co-source)
Office of the San Diego District Attorney
ASSEMBLY FLOOR : 76-0, 5/19/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Olsen, Pan,
Patterson, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Nazarian, Nestande, Vacancy
JG:k 8/4/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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