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

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-Amended.html

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BILL NUMBER: SB 1452	AMENDED
	BILL TEXT

	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: 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  primary 
jurisdiction over the location where the parolee resides  and
that has entered   and has been authorized by the
department, in its discretion, to use global positioning system
technology or otherwise monitor nonrevocable parolees. 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 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: yes.
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:
   (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 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  both of the following apply
  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 local law enforcement agency has entered into a 

   (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
 subdivision   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.
   (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. 
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