Bill Text: CA SB689 | 2009-2010 | Regular Session | Amended


Bill Title: Sex offenders: sexually violent predators: monitoring

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB689 Detail]

Download: California-2009-SB689-Amended.html
BILL NUMBER: SB 689	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 27, 2009

    An act to amend Section 1566.3 of the Health and Safety
Code, and to amend Section 3003.5 of the Penal Code, relating to sex
offenders.   An act to amend Section 3004 of the Penal
Code, relating to sex offenders. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 689, as amended, Hollingsworth. Sex offenders: 
residency restrictions.  sexually violent predators:
monitoring information.  
   Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, requires every inmate who has been
convicted of any felony violation of a registerable sex offense or an
attempt to commit any of specified sex crimes, and who is committed
to prison and released on parole, to be monitored by a global
positioning system for life.  
   This bill would require the Department of Justice to develop and
implement a fully Web-enabled system to provide the public, via an
Internet Web site, with monitoring and mapping information showing
the actual, physical location in real time of sex offenders who have
been declared sexually violent predators, as specified.  
   Proposition 83 permits the Legislature, by a vote of 2/3 of the
membership of each house and in accordance with specified procedures,
to amend the provisions of the act.  
   This bill would therefore require a 2/3 vote.  
   Existing law prohibits a parolee who served a term of imprisonment
in state prison for any sex offense requiring registration, from,
during the period of parole, residing in any single family dwelling
with any other person also required to register as a sex offender,
unless those persons are legally related by blood, marriage, or
adoption. Existing law excludes a residential facility that serves 6
or fewer persons from the definition of a single family dwelling for
this purpose.  
   This bill would remove the exclusion of a residential facility
that serves 6 or fewer persons from the definition of a single family
dwelling and would, instead, allow a county or city to include a
residential facility that serves 6 or fewer persons within the local
definition of a single family dwelling for purposes of the
restriction on sex offenders living together. This bill would also
allow a county or city to prohibit a person released on parole, after
having served a term of imprisonment in state prison for any offense
for which registration as a sex offender is required, from residing,
during the period of parole, in any single family dwelling with any
other person also on parole after having served a term of
imprisonment in state prison for any offense for which registration
as a sex offender is required, unless those persons are legally
related by blood, marriage, or adoption. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 3004 of the   Penal
Code   is amended to read: 
   3004.  (a) Notwithstanding any other law, the parole authority may
require, as a condition of release on parole or reinstatement on
parole, or as an intermediate sanction in lieu of return to prison,
that an inmate or parolee agree in writing to the use of electronic
monitoring or supervising devices for the purpose of helping to
verify his or her compliance with all other conditions of parole. The
devices shall not be used to eavesdrop or record any conversation,
except a conversation between the parolee and the agent supervising
the parolee which is to be used solely for the purposes of voice
identification.
   (b) Every inmate who has been convicted for any felony violation
of a "registerable sex offense" described in subdivision (c) of
Section 290 or any attempt to commit any of the above-mentioned
offenses and who is committed to prison and released on parole
pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
   (c) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. 
   (d) The Department of Justice shall develop and implement a fully
Web-enabled system to provide the public, via an Internet Web site,
with monitoring and mapping information showing the actual, physical
location in real time of sex offenders who have been declared
sexually violent predators, as defined in Section 6600 of the Welfare
and Institutions Code.  
  SECTION 1.    Section 1566.3 of the Health and
Safety Code is amended to read:
   1566.3.  (a) Whether or not unrelated persons are living together,
a residential facility that serves six or fewer persons shall be
considered a residential use of property for the purposes of this
article. In addition, the residents and operators of such a facility
shall be considered a family for the purposes of any law or zoning
ordinance which relates to the residential use of property pursuant
to this article, except as provided in subdivision (h).
   (b) For the purpose of all local ordinances, a residential
facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house, institution
or home for the care of minors, the aged, or the mentally infirm,
foster care home, guest home, rest home, sanitarium, mental hygiene
home, or other similar term which implies that the residential
facility is a business run for profit or differs in any other way
from a family dwelling, except as provided in subdivision (h).
   (c) This section shall not be construed to prohibit any city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs of a
residential facility which serves six or fewer persons as long as
such restrictions are identical to those applied to other family
dwellings of the same type in the same zone.
   (d) This section shall not be construed to prohibit the
application to a residential care facility of any local ordinance
that deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity if the ordinance does not distinguish residential
care facilities which serve six or fewer persons from other family
dwellings of the same type in the same zone and if the ordinance does
not distinguish residents of the residential care facilities from
persons who reside in other family dwellings of the same type in the
same zone. Nothing in this section shall be construed to limit the
ability of a local public entity to fully enforce a local ordinance,
including, but not limited to, the imposition of fines and other
penalties associated with violations of local ordinances covered by
this section.
   (e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility which serves
six or fewer persons which is not required of a family dwelling of
the same type in the same zone.
   (f) Use of a family dwelling for purposes of a residential
facility serving six or fewer persons shall not constitute a change
of occupancy for purposes of Part 1. 5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing in
this section is intended to supersede Section 13143 or 13143.6, to
the extent such sections are applicable to residential facilities
providing care for six or fewer residents.
   (g) For the purposes of this section, "family dwelling," includes,
but is not limited to, single family dwellings, units in multifamily
dwellings, including units in duplexes and units in apartment
dwellings, mobilehomes, including mobilehomes located in mobilehome
parks, units in cooperatives, units in condominiums, units in
townhouses, and units in planned unit developments.
   (h) Notwithstanding any other provision of law, a city or county
may adopt a local ordinance prohibiting a person released on parole
after having served a term of imprisonment in state prison for any
offense for which registration is required pursuant to Section 290 of
the Penal Code, from residing, during the period of parole, in any
single family dwelling with any other person also on parole after
having served a term of imprisonment in the state prison for any
offense for which registration as a sex offender is required pursuant
to Section 290, unless those persons are legally related by blood,
marriage, or adoption. For purposes of this subdivision, a city or
county may include a residential facility which serves six or fewer
persons, including, but not limited to, a "sober living facility"
within the definition of a "single family dwelling." 

  SEC. 2.    Section 3003.5 of the Penal Code is
amended to read:
   3003.5.  (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any single family dwelling with any other
person also required to register pursuant to Section 290, unless
those persons are legally related by blood, marriage, or adoption.
For purposes of this section, a city or county may adopt a local
ordinance to include a "residential facility that serves six or fewer
persons," including a "sober living facility," within the definition
of a "single family dwelling."
   (b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2,000 feet of any public or private school, or park
where children regularly gather.
   (c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290. 
  
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