Bill Text: CA AB1213 | 2015-2016 | Regular Session | Introduced
Bill Title: Offender Global Positioning System Database.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1213 Detail]
Download: California-2015-AB1213-Introduced.html
BILL NUMBER: AB 1213 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wagner
(Principal coauthor: Senator Bates)
FEBRUARY 27, 2015
An act to add Chapter 2.7 (commencing with Section 15180) to Part
6 of Division 3 of Title 2 of the Government Code, relating to law
enforcement.
LEGISLATIVE COUNSEL'S DIGEST
AB 1213, as introduced, Wagner. Offender Global Positioning System
Database.
Existing law requires sex offenders to wear global positioning
system (GPS) devices while on parole, and requires some of those
offenders to wear those devices for life.
This bill would require the Department of Justice to establish an
Offender Global Positioning System Database that would receive and
store GPS device data for offenders monitored by criminal justice
agencies throughout the state. The database would be required, among
other capabilities, to receive specified data and to be able to send
commands to a GPS device requiring the device to report data and to
comply with other functional requirements. The department would be
required to provide, at state expense, connections to the database to
one sheriff's system and one probation department system in each
county for purposes of submitting data to the database.
By imposing additional duties on local law enforcement agencies in
connection with the operation of the GPS database, 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 1. Chapter 2.7 (commencing with Section 15180) is added to
Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 2.7. OFFENDER GLOBAL POSITIONING SYSTEM DATABASE
15180. It is the intent of the Legislature to provide for a
statewide database to receive and house all Global Positioning System
(GPS) device data for offenders monitored by criminal justice
agencies throughout the state. Developing and implementing this
database is a matter of public safety and statewide importance.
Presently there is no ability for criminal justice agencies to access
each other's GPS device data to determine if an offender placed on
GPS by one entity is in the proximity of another offender monitored
by a different entity. A GPS database that can be accessed by
criminal justice agencies will enhance supervision practices, promote
rehabilitative services, assist investigations and ensure offender
accountability and community safety.
15181. The Department of Justice shall implement, operate, and
maintain the Offender Global Positioning System Database for the use
of criminal justice agencies.
15182. As used in this chapter, the following terms are defined
below:
(a) "Alert" means a notification from the database to the
monitoring agency or user.
(b) "Database" means the Offender Global Positioning System
Database as described in this chapter.
(c) "Global Positioning System device" or "GPS device" means a
device that uses signals from satellites to determine an offender's
physical location with a high degree of accuracy.
(d) "Monitoring agency" means the criminal justice agency
responsible, pursuant to statute or court order, for monitoring an
offender.
(e) "Offender" means any person convicted of a crime and who is
subject to GPS device monitoring by a criminal justice agency.
(f) "Reporting cycle" means the specified minimum interval at
which a GPS device is to transmit data to the database.
(g) "User" means a criminal justice agency with a data connection
to the database.
15183. (a) On or before January 1, ______, the Department of
Justice shall develop functional specifications and standards for
offender GPS devices in compliance with the following objectives:
(1) The GPS device shall transmit GPS data information to the
database at a specified reporting cycle. The GPS data information
transmitted to the database shall include the following data
elements:
(A) Latitude.
(B) Longitude.
(C) The offender's full name.
(D) The offender's date of birth.
(E) The monitoring entity's contact information.
(F) The GPS device identification number.
(2) The GPS device shall be capable of receiving commands from the
database to transmit the data information identified in paragraph
(1) regardless of the device's reporting cycle.
(b) On or before January 1, ____, the Department of Justice shall
develop functional specifications and standards for the database in
compliance with the following objectives:
(1) The database shall receive information from GPS devices to
include the data elements in paragraph (1) of subdivision (a).
(2) The database shall permit users to track and view offender's
proximity to other offenders.
(3) The database shall permit users to create and use offender
monitoring alert zones. These zones which are electronically
demarcated during GPS monitoring, are as follows:
(A) An "inclusion zone" is a geographic area within which it is
appropriate for an offender to be present. If the offender leaves
this zone, an alert shall occur.
(B) An "exclusion zone" is a geographic area within which an
offender is not permitted. If the offender enters this zone, an alert
shall occur.
(C) An "investigation zone" is a specialized geographic area
created by the monitoring agency or user where, if specified criteria
are met, an alert shall occur.
(4) The database shall permit users to send a command to a GPS
device or multiple GPS devices to transmit the data information
identified in paragraph (1) of subdivision (a), regardless of the
device's reporting cycle.
(5) The database shall permit users to determine if one or more
offenders are, or were, at or near a particular location during a
specified time frame.
(c) The Department of Justice shall consult with the following
entities and groups when developing the functional specifications and
standards set forth in subdivisions (a) and (b):
(1) The Department of Corrections and Rehabilitation.
(2) Chief Probation Officers of California.
(3) The California Probation, Parole, and Correctional
Association.
(4) The California Police Chiefs Association.
(5) The California Peace Officers' Association.
(6) GPS device industry representatives.
(d) Each entity and group listed in subdivision (c) may designate
a representative to work with the Department of Justice to develop
the functional specifications and standards set forth in subdivisions
(a) and (b).
(e) Criminal justice agencies that use GPS devices for monitoring
offenders shall have the ability to select from different
manufacturers and vendors, in accordance with any contracting
policies, rules, and regulations governing their authority to
contract for those services. The functional specifications and
standards shall encourage multiple bidders and shall not have the
effect of limiting the criminal justice agencies to choosing a GPS
device that is able to be supplied by only one manufacturer or
vendor.
(f) Except as provided in subdivision (g), a GPS device purchased
or used for GPS monitoring of offenders in this state shall comply
with the functional specifications and standards developed pursuant
to subdivision (a).
(g) Subdivision (f) does not apply to any GPS devices purchased
and used to monitor offenders pursuant to a contract entered into
before January 1, ____.
(h) On a triennial basis, following implementation of the
functional specifications and standards for GPS devices and the
database, the Department of Justice shall consult with the entities
and groups identified in subdivision (c) to determine if there are
any improvements to the functional specifications and standards for
GPS devices and the database needed to meet the needs of law
enforcement and to take advantage of advancements in GPS monitoring.
The database shall be designed to accommodate present and future
data-processing equipment.
15184. The Department of Justice shall provide, at state expense,
connections to the database to one sheriff's system and one
probation department system in each county, hereinafter the "county
systems." Before providing the county systems with connections to the
database, the Department of Justice shall adopt and publish for
distribution, the operating policies, practices, and procedures for
the database, and the security requirements for county systems
connecting to the database.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
