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Home My WebLink About2009-04-28 City Council Item No. 5 CITY OF LA E QLSINOPZ , DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 28, 2009 SUBJECT: SUPPORT OF SENATE BILL 566 AND SENATE BILL 669 Background SB 566 Many prisoners who are released on parole and are required to wear an electronic monitor have circumvented the monitoring by forcibly removing or deactivating the device. When this occurs, the parolee is able to move freely in the community and there is no way to monitor his /her location. Currently, there is no statute to deals with tampering or disabling parolee monitoring devices. SB 566 would address this issue. SB 699 A vast majority of Sexually Violent Predators (SVPs) refuse treatment while in a state hospital. According to the Department of Mental Health, 70 percent of SVPs are currently refusing treatment. Completion of a treatment program is not required under existing state law. SB 699 would require the completion of a treatment program as a condition of release for SPVs. Discussion Senator Hollingsworth has introduced Senate Bill 566 and Senate Bill 669 and has requested the City's support. If approved by the City Council, the Mayor would send a letter of support to Senator Hollingsworth. Fiscal Impact There is no fiscal impact to the City. Agenda Item No. 5 Page 1 of 4 SB 566 and SB 669 April 28, 2009 Page 2 Recommendation Authorize the Mayor to send letters of support to Senator Hollingsworth for Senate Bill 566 and Senate Bill 669. Prepared and Approved by: Robert A. Brady / City Manager , Attachments: SB 566 Fact Sheet SB 669 Fact Sheet Agenda Item No. 5 Page 2 of 4 FACT SHEET Sib 566 (Hollingsworth) GPS Tampering BACKGROUND: Currently, parolees throughout the state of California who are released on parole and required to wear an electronic monitor (i.e., GPS device) have avoided monitoring and detection by law enforcement officials by forcibly removing the GPS device either by cutting or destroying the ankle strap. Additionally, parolees have discovered other ways in which to tamper or disable the GPS device. When this occurs, the parolee becomes at large in the community and there is no way to monitor his/her activities or location. Currently, no statute exists to adequately address the problem of parolees and probationers tampering or disabling their GPS device. District Attomeys in California have resorted to filing grand theft charges when the GPS device is disabled and not recovered and vandalism charges when the device is disabled, but recovered. THIS BILL: By adding Section 653.77 to the Penal Code, SB 566 will serve as a deterrent for parolees and probationers who are subject to electronic monitoring by making it a new and separate offense to tamper with or disable a GPS device. PREVIOUS LEGISLATION: Much of the language in SB 566 was contained in Proposition 6 of 2008 (Safe Neighborhoods Act). SUPPORT: Riverside County District Attorney's Office (Sponsor), California District Attomeys Association OPPOSTLON: Contact: Lindsay Stovall (916) 651 -4036 orLindsay.Stovall Agenda Item No. 5 Page 3 of 4 FACT SHEET SB 669 (Hollingsworth) Sexually Violent Predators: Treatment CURRENT LAW: The Sexually Violent Predator Act went into effect on January 1, 1996. These statutes established a new category of civil commitment for persons classified as Sexually Violent Predators (SVPs). In establishing the SVP Act, the Califomia Legislature declared that there is a small group of extremely dangerous sexual offenders with diagnosed mental disorders that can be readily identified while incarcerated. It further declared that these individuals are not safe to reside at -large in the community and represent a danger to the health and safety of others if they are released. It was the intent of the Legislature that individuals classified as SVPs be confined and treated until they no longer present a threat to society. The SVP law has been amended several times since it was enacted. Current law defines a SVP as a person who has been convicted of a sexually violent offense against one or more victims and provides for an indeterminate commitment. Currently, there are roughly 768 SVPs in state mental facilities. THE PROBLEM: Completion of a treatment program is not currently a condition of release under state law. In fact, a vast majority of adjudicated SVPs refuse treatment while in a state hospital. According to the Department of Mental Health, 70% of Sexually Violent Predators are currently refusing treatment. Treatment is imperative due to the alarmingly high recidivism rate of SVPs after they are released, which demonstrates the need for all SVPs to participate in and complete a treatment program. THIS BILL: Under this bill, a SVPs refusal to engage in treatment would be considered evidence that his or her condition has not changed. SB 669 would also make the completion of a treatment program a condition of release for SVPs. PREVIOUS LEGISLATION: The Califomia High Risk Sex Offender and Sexually Violent Predator Task Force created by Govemor Schwarzenegger through Executive Order issued a report to the Legislature in December 2006 with its recommendations, one of which was to restore the language contained in SB 1128. The provisions of SB 669 that were originally contained in SB 1128 were chaptered out by Jessica's Law. This bill seeks to fulfill the Task Force recommendation and add back in those provisions that were previously approved by the Legislature in 2006. SUPPORT RECEIVED: San Diego District Attorney, Bonnie Dumanis (Sponsor), Califomia District Attorneys Association OPPOSITION RECEIVED: I Contact: Lindsay Stovall (916) 651 -4036 or Lindsay.Stova/la,sen.ca.gov 11 Agenda Item No. 5 Page 4 of 4