An act to add Chapter 2.7 (commencing with Section 15180) to Part 6 of Division 3 of Title 2 of the Government Code, relating to law enforcement.

The people of the State of California do enact as follows:


SECTION 1.
Chapter 2.7 (commencing with Section 15180) is added to Part 6 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER  2.7. Offender Global Positioning System Database
15180.
It is the intent of the Legislature to provide for a statewide database to receive and house all Global Positioning System (GPS) device data for offenders monitored by criminal justice agencies throughout the state. Developing and implementing this database is a matter of public safety and statewide importance. Presently there is no ability for criminal justice agencies to access each other’s GPS device data to determine if an offender placed on GPS by one entity is in the proximity of another offender monitored by a different entity. A GPS database that can be accessed by criminal justice agencies will enhance supervision practices, promote rehabilitative services, assist investigations and ensure offender accountability and community safety.
15181.
The Department of Justice shall implement, operate, and maintain the Offender Global Positioning System Database for the use of criminal justice agencies.
15182.
As used in this chapter, the following terms are defined below:
(a) “Alert” means a notification from the database to the monitoring agency or user.
(b) “Database” means the Offender Global Positioning System Database as described in this chapter.
(c) “Global Positioning System device” or “GPS device” means a device that uses signals from satellites to determine an offender’s physical location with a high degree of accuracy.
(d) “Monitoring agency” means the criminal justice agency responsible, pursuant to statute or court order, for monitoring an offender.
(e) “Offender” means any person convicted of a crime and who is subject to GPS device monitoring by a criminal justice agency.
(f) “Reporting cycle” means the specified minimum interval at which a GPS device is to transmit data to the database.
(g) “User” means a criminal justice agency with a data connection to the database.
15183.
(a) On or before January 1, ______, the Department of Justice shall develop functional specifications and standards for offender GPS devices in compliance with the following objectives:
(1) The GPS device shall transmit GPS data information to the database at a specified reporting cycle. The GPS data information transmitted to the database shall include the following data elements:
(A) Latitude.
(B) Longitude.
(C) The offender’s full name.
(D) The offender’s date of birth.
(E) The monitoring entity’s contact information.
(F) The GPS device identification number.
(2) The GPS device shall be capable of receiving commands from the database to transmit the data information identified in paragraph (1) regardless of the device’s reporting cycle.
(b) On or before January 1, ____, the Department of Justice shall develop functional specifications and standards for the database in compliance with the following objectives:
(1) The database shall receive information from GPS devices to include the data elements in paragraph (1) of subdivision (a).
(2) The database shall permit users to track and view offender’s proximity to other offenders.
(3) The database shall permit users to create and use offender monitoring alert zones. These zones which are electronically demarcated during GPS monitoring, are as follows:
(A) An “inclusion zone” is a geographic area within which it is appropriate for an offender to be present. If the offender leaves this zone, an alert shall occur.
(B) An “exclusion zone” is a geographic area within which an offender is not permitted. If the offender enters this zone, an alert shall occur.
(C) An “investigation zone” is a specialized geographic area created by the monitoring agency or user where, if specified criteria are met, an alert shall occur.
(4) The database shall permit users to send a command to a GPS device or multiple GPS devices to transmit the data information identified in paragraph (1) of subdivision (a), regardless of the device’s reporting cycle.
(5) The database shall permit users to determine if one or more offenders are, or were, at or near a particular location during a specified time frame.
(c) The Department of Justice shall consult with the following entities and groups when developing the functional specifications and standards set forth in subdivisions (a) and (b):
(1) The Department of Corrections and Rehabilitation.
(2) Chief Probation Officers of California.
(3) The California Probation, Parole, and Correctional Association.
(4) The California Police Chiefs Association.
(5) The California Peace Officers’ Association.
(6) GPS device industry representatives.
(d) Each entity and group listed in subdivision (c) may designate a representative to work with the Department of Justice to develop the functional specifications and standards set forth in subdivisions (a) and (b).
(e) Criminal justice agencies that use GPS devices for monitoring offenders shall have the ability to select from different manufacturers and vendors, in accordance with any contracting policies, rules, and regulations governing their authority to contract for those services. The functional specifications and standards shall encourage multiple bidders and shall not have the effect of limiting the criminal justice agencies to choosing a GPS device that is able to be supplied by only one manufacturer or vendor.
(f) Except as provided in subdivision (g), a GPS device purchased or used for GPS monitoring of offenders in this state shall comply with the functional specifications and standards developed pursuant to subdivision (a).
(g) Subdivision (f) does not apply to any GPS devices purchased and used to monitor offenders pursuant to a contract entered into before January 1, ____.
(h) On a triennial basis, following implementation of the functional specifications and standards for GPS devices and the database, the Department of Justice shall consult with the entities and groups identified in subdivision (c) to determine if there are any improvements to the functional specifications and standards for GPS devices and the database needed to meet the needs of law enforcement and to take advantage of advancements in GPS monitoring. The database shall be designed to accommodate present and future data-processing equipment.
15184.
The Department of Justice shall provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county, hereinafter the “county systems.” Before providing the county systems with connections to the database, the Department of Justice shall adopt and publish for distribution, the operating policies, practices, and procedures for the database, and the security requirements for county systems connecting to the database.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Summary: Existing law requires sex offenders to wear global positioning system (GPS) devices while on parole, and requires some of those offenders to wear those devices for life.
This bill would require the Department of Justice to establish an Offender Global Positioning System Database that would receive and store GPS device data for offenders monitored by criminal justice agencies throughout the state. The database would be required, among other capabilities, to receive specified data and to be able to send commands to a GPS device requiring the device to report data and to comply with other functional requirements. The department would be required to provide, at state expense, connections to the database to one sheriff’s system and one probation department system in each county for purposes of submitting data to the database.
By imposing additional duties on local law enforcement agencies in connection with the operation of the GPS database, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.