Bill Text: CA SB1452 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1452	INTRODUCED
	BILL TEXT


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 introduced, Runner. Parole: 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 provide that a parolee to whom these prohibitions
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 jurisdiction over the
location where the parolee resides, as specified. The bill would
provide that the cost of acquiring, leasing, and monitoring the
electronic monitoring device shall be the responsibility of the local
law enforcement agency requiring the wearing of the device.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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: 
   (a) 
    (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. 
   (b) 
    (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. 
   (c)
    (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. 
   (d) 
    (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. 
   (e) 
    (5)  The person is not a validated prison gang member or
associate, as defined in regulation by the department. 
   (f) 
    (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. 
   (g) 
    (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) 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 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. 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.