AB 2477, as introduced, Gorell. Parole.
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 extend these provisions to a person convicted of a violent felony who is released on parole from the state prison.
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 personbegin insert convicted of a violent felony as
4described in subdivision (c) of Section 667.5 who is released from
5prison on parole or a personend insert who is required to register as a sex
6offender pursuant to Section 290 shall not remove or disable, or
7permit another to remove or disable, an electronic, global
8positioning system (GPS), or other monitoring device affixed to
9his or her person as a condition of parole, when he or she knows
10that the device was affixed as a condition of parole.
11(b) (1) This section shall not apply if the removal or disabling
12of an electronic, GPS, or other monitoring device is performed by
13a physician, emergency
medical services technician, or by any
14other emergency response or medical personnel when doing so is
15necessary during the course of medical treatment of the person
16subject to the electronic, GPS, or other monitoring device.
17(2) This section shall not apply if the removal or disabling of
18the electronic, GPS, or other monitoring device is authorized or
19required by a court, or by the law enforcement, probation, parole
20authority, or other entity responsible for placing the electronic,
21GPS, or other monitoring device upon the person, or that has, at
22the time, the authority and responsibility to monitor the electronic,
23GPS, or other monitoring device.
24(c) Upon a violation of this section, the parole authority shall
25revoke the person’s parole and require that he or she be incarcerated
26in the county jail for a period of 180 days.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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