Bill Text: CA SB1452 | 2009-2010 | Regular Session | Amended
Bill Title: Parole: electronic monitoring.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2010-06-29 - Set, second hearing. Failed passage in committee. Reconsideration granted. [SB1452 Detail]
Download: California-2009-SB1452-Amended.html
BILL NUMBER: SB 1452 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN ASSEMBLY JUNE 16, 2010
AMENDED IN SENATE MAY 4, 2010
AMENDED IN SENATE APRIL 22, 2010
AMENDED IN SENATE MARCH 23, 2010
INTRODUCED BY Senator Runner
FEBRUARY 19, 2010
An act to amend Section 3000.03 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 1452, as amended, Runner. Parole: registration:
electronic monitoring.
Existing law requires the Department of Corrections and
Rehabilitation to release a prisoner on a specified period of parole
after the expiration of a specified term of imprisonment. Under
existing law, the department 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, as specified. Existing law
prohibits the department from returning certain parolees to prison,
placing a parole hold on the parolee, or reporting the parolee to the
Board of Parole Hearings for a violation of parole, as specified.
This bill would require a parolee to whom these limitations on the
department are applicable to register his or her residential street
address, by a specified date, with the sheriff's department of the
county in which the parolee's residence is located if the board of
supervisors of that county has authorized the sheriff's department to
the record the residential street addresses of these parolees. This
bill would require the department to maintain a notice of conditions
of parole, signed by the parolee, and would require the notice to
inform the parolee of his or her obligation to register his or her
residential street address with the sheriff's department. This bill
would make it a misdemeanor to fail to register when required by
these provisions. By creating a new crime, this bill would impose a
state-mandated local program.
This bill would further provide that a parolee
to whom these limitations on the department are applicable may be
required to wear an electronic monitoring device, for the duration of
the parole period, by a local law enforcement agency that has
primary jurisdiction over the location where the parolee resides and
has been authorized by the department, in its discretion, to use
global positioning system technology or otherwise monitor
nonrevocable parolees. This bill would provide that any local law
enforcement agency meeting those conditions shall, prior to any
electronic monitoring of nonrevocable parolees, enter into a
memorandum of understanding with the department, as specified, at the
agency's expense. The bill would provide that the cost of acquiring,
leasing, and monitoring an electronic monitoring device shall be the
responsibility of the local law enforcement agency requiring the
wearing of the device.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3000.03 of the Penal Code is amended to read:
3000.03. (a) Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation shall not return to
prison, place a parole hold on pursuant to Section 3056, or report
any parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply:
(1) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
(2) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
(3) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
(4) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
(5) The person is not a validated prison gang member or associate,
as defined in regulation by the department.
(6) The person did not refuse to sign any written notification of
parole requirements or conditions, including, but not limited to, the
written notification of requirements pursuant to Section 3067.
(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.
(b) (1) A parolee to whom this section is applicable shall, no
later than 10 days after July 1, 2011, and thereafter within 10 days
of establishing a residence, register his or her residential street
address with the sheriff's department of the county within which the
residence is located if both of the following are applicable:
(A) The sheriff is authorized, by resolution of the board of
supervisors, to record the residential street address of the
parolees.
(B) The parolee has been advised by the department or a local law
enforcement agency that he or she must register his or her
residential street address with the sheriff's department of the
county within which the residence is located.
(2) (A) Every inmate released to parole pursuant to this section
on or after July 1, 2011, shall first receive and sign a notice of
conditions of parole. The notice shall be maintained by the
department at least until the parolee is discharged from parole.
(B) The notice of conditions of parole for an inmate released to
parole pursuant to this section shall list the counties that have
authorized the sheriff to record the address of parolees pursuant to
this section and shall instruct the parolee to register his or her
residential street address with the sheriff's department within 10
days of establishing or reestablishing residence in any county in
which the sheriff is authorized to record the residential street
address of parolees pursuant to subparagraph (A) of paragraph (1).
(3) The sheriff of any county may share parolee address
information with the Department of Justice or any local law
enforcement agency.
(4) A parolee to whom this section is applicable who fails to
register after being advised of the requirements of this subdivision
shall be guilty of misdemeanor.
(c)
(b) (1) A parolee to whom this section is applicable
may be required to wear a global positioning system or other
electronic monitoring device, for the duration of the parole period,
by a local law enforcement agency if the following conditions are
satisfied:
(A) The local law enforcement agency requiring the parolee to
wear a global positioning system or other electronic monitoring
device has primary jurisdiction over the location where the parolee
resides.
(B) The department has, in its discretion, authorized the local
law enforcement agency to use global positioning system technology or
to otherwise monitor nonrevocable parolees.
(C) The local law enforcement agency satisfying the conditions in
subparagraphs (A) and (B), prior to any electronic monitoring of
nonrevocable parolees, has entered into a memorandum of understanding
with the department that establishes conditions under which the
local authority may use global positioning system technology or
otherwise monitor, supervise, or manage nonrevocable parolees in a
manner consistent with evidence-based practices. For purposes of this
subparagraph, "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 to improve the probability that, while on parole, a
parolee to whom this section is applicable would not commit a new
offense.
(D) The local law enforcement agency shall reimburse the
department for the department's costs in preparing, entering into,
and performing any actions pursuant to the memorandum of
understanding specified in subparagraph (C).
(2) 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.
(d)
(c) (1) This section does 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.
(2) This section shall not be construed to require the department
or any local law enforcement agency to use, or to authorize the use
of, any global positioning system or any other monitoring technology
or program.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
