Sex Offenders: parole: disabling monitoring device.

Existing law, subject to exceptions, prohibits a person required to register as a sex offender from removing or disabling an electronic, global positioning system (GPS) , or other 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 recast those provisions to prohibit the person from removing, disabling, rendering inoperable, or knowingly circumventing the operation of an electronic, GPS, or other monitoring system that is required as a condition of parole, or permitting another person to perform one of those prohibited acts, except as provided. The bill would additionally require a person who is required to register as a sex offender as a condition of parole to report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer, for the purpose of affixing an electronic, GPS, or other monitoring device to his or her person. The bill would provide that parole revocation and incarceration, as described above, are not mandatory for a violation of the provisions requiring reporting to a parole officer if the parole authority finds that in the interests of justice those penalties are not appropriate in the particular case. By expanding the scope of provisions that, if violated, require incarceration in 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 no reimbursement is required by this act for a specified reason.