A bill that would crack down on convicted sex offenders who remove or disable their GPS tracking devises was vetoed by Governor Jerry Brown on Saturday.
Senator Patricia Bates
SB 722, authored by Senator Patricia Bates would make it a felony for a person to willfully remove or disable an electronic, global positioning system, or other monitoring device, if the device was affixed as a condition of parole, postrelease community supervision, or probation as a result of a conviction of certain specified sex offenses, if the person intended to evade supervision and either does not surrender, or is not apprehended, within one week of the issuance of a warrant for absconding, punishable by imprisonment in the state prison for 16 months, or 2 or 3 years.
According to the Bill, it would require the terms of probation or parole of a person who has committed a violation of these provisions to include participation and completion of a sex offender management program. By creating a new crime, this bill would impose a state-mandated local program.
Governor Brown vetoed this Bill as part of a series of vetoes which stated:
“Each of these bills create a new crime—usually by finding a novel way to characterize and criminalize conduct that is already proscribed. This multiplication and particularization of criminal behavior creates complexity without commensurate benefit,” said Brown.
The Governor further highlighted that the California Criminal Code has grown to more than 5,000 provisions with jail and prison populations exploding.
“Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective,” said Brown.
Here is a Press Release from Sept. 2 when the Bill was approved by the State Assembly:
Assembly Approves Senator Patricia Bates’ Bill to Imprison Sex Offenders Who Remove GPS Devices
The State Assembly today overwhelmingly approved legislation by Senator Patricia Bates (R-Laguna Niguel) that would crack down on convicted sex offenders who remove or disable their GPS (Global Positioning System) tracking devices.
“I thank Assembly Democrats and Republicans for their overwhelming bipartisan support to protect our state from sex offenders who tamper or remove their GPS devices,” said Bates. “I hope today’s vote will help convince Governor Brown to sign my bill into law.”
SB 722 would address the increasing number of high-risk sex offender parolees who willfully remove or disable their GPS devices. According to the State Board of Parole Hearings, “the number of new GPS violation charges for sex offender parolees initiated prior to serving time in custody – in other words, new charges that occurred when they should have been serving time for an earlier violation – has increased after realignment from 99 cases in the 15 months prior to realignment to 495 cases in the 15 months following the start date of realignment.” Approved by Governor Jerry Brown in 2011, realignment provided for the shifting of thousands of inmates from state prison to already crowded county jails.
A killing spree in Orange County that left at least four women dead demonstrated the need for stronger penalties for removal of a GPS device. In 2012, Franc Cano and Steve Gordon, who were on release from state prison for prior convictions of child molestation, cut off their state-mandated GPS ankle bracelets and left California by bus. By the time police caught up to the pair, the penalties they received for removing the devices were minor. One was sentenced to ten months in prison and the other received just eight months. After their release, four women went missing and the two men were arrested for their murders.
SB 722 would apply to sex offenders convicted of the most egregious sex crimes, including rape, spousal rape, and continuous sexual abuse of a child. Had SB 722 been in effect, the Orange County suspects would have faced up to three years in state prison for cutting off their devices, possibly changing the course of subsequent events.
SB 722 is supported by groups and individuals such as the California State Sheriffs’ Association, the California District Attorneys Association, Crime Victims United of California, the Peace Officers Research Association of California, Orange County District Attorney Tony Rackauckas, Orange County Sheriff Sandra Hutchens, the Orange County Board of Supervisors, San Diego County District Attorney Bonnie Dumanis and San Diego County Sheriff Bill Gore.
The Assembly incorporated a minor amendment to SB 722 that does not change the essence of the bill. After expected Senate approval of the Assembly’s amendment, SB 722 will go to Governor Brown for his consideration. The Senate previously approved the bill on a unanimous vote on June 2.
3 comments
what is the governor doing to stop the delta tunnels?
What is the Governor doing to give the VICTIMS of sexual assault a small peace of mind that their attacker is being monitored from committing more heinous crimes? I don’t understand his logic! Why remove the device if criminal intent isn’t intended? Why isn’t the Governor focused on the well being of victims and instead coddling the criminal? What pervert is funding you Governor Brown? This makes me sick!
No high school exit exam, perverts can take off ankle monitor, Is Brown going insane ?
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