AB 1081

Bill Subjects

Abstract

Existing law makes it either a misdemeanor or a felony for a person to violate restraining orders relating to domestic violence, as specified. This bill would require the court to order, prior to sentencing, the probation department to administer a risk assessment evaluation when a person is convicted of violating a restraining order. This bill would require the court to impose continuous electronic surveillance of the person using specified GPS technology if the court determines that the results of the risk assessment and any other relevant conditions merit the order, as specified. The bill would also require the defendant to pay for the costs of the monitoring if he or she is able and would require the court to impose a $200 fee upon conviction, if the defendant is able to pay the fee, as specified. Existing law establishes a program of intense parole supervision for persons released on parole after a term of imprisonment because of a conviction for stalking. This bill would include in that program a requirement that the parolee be continuously monitored using specified GPS technology. This bill would require the parolee to pay for the costs of the monitoring unless he or she does not have the ability to pay, as specified. Existing law establishes specific conditions of probation for persons convicted of domestic violence, as specified. This bill would require the court to order, as a condition of probation for a person convicted of domestic violence, as defined, continuous electronic surveillance using specified GPS technology if the court determines that the results of a risk assessment evaluation and any other relevant conditions merit the order, as specified. This bill would also require the probationer to pay for the costs associated with the monitoring if he or she is able, as specified. Because this bill would increase the duties of certain local officials, it 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. The California Constitution provides for the Right to Truth in Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude evidence of crimes other than restraining order violations that is obtained from the GPS surveillance authorized by this bill from criminal proceedings, it requires a 23 vote of the Legislature.