Defendants.

Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires every inmate who has been convicted of an offense that requires him or her to register as a sex offender or any attempt to commit any of those offenses and who is committed to prison and released on parole to be monitored by a global positioning system (GPS) for life. Proposition 83 permits the Legislature to amend its provisions, either by a 23 vote of the membership of each house, or by a majority vote of the membership of each house, if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. Existing law permits, and with respect to certain sex offenders requires, the use of electronic monitoring by the department and by county probation departments to electronically monitor the whereabouts of individuals on parole and probation, respectively. This bill would provide that any person who willfully removes or disables an electronic monitoring or supervising device, including a GPS or other monitoring device, affixed to his or her person or the person of another, knowing that the device was affixed as part of a criminal sentence or juvenile court disposition, as a condition of parole or probation, or otherwise pursuant to law, is guilty of a public offense, punishable as specified. The bill would also provide for revocation of probation, parole, or postrelease community supervision, and would subject persons with a specified sex offense conviction who violate the section to be subject to lifetime GPS monitoring. By creating a new crime, this bill would impose a state-mandated local program. Existing law requires that whenever the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the department, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the secretary shall, at least 6 months prior to that individual's scheduled date for release from prison, refer the person for evaluation to the State Department of State Hospitals. Existing law requires the State Department of State Hospitals to evaluate the person in accordance with a standardized assessment protocol, developed and updated by that department, to determine whether the person is a sexually violent predator. This bill would require the evaluation to be a face-to-face evaluation. The bill would require an agency having supervisory authority over an individual who has been convicted of a sexually violent offense to refer the individual to the State Department of State Hospitals for an evaluation pursuant to the law governing the civil commitment of sexually violent predators when the individual has been found, in an adjudicatory proceeding, to have knowingly removed or disabled, or to have knowingly permitted another to remove or disable, an electronic monitoring device affixed to his or her person pursuant to existing law. The bill would make additional technical changes. By imposing additional duties on county agencies, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.