Domestic Violence Prevention Act.

Plain English Breakdown

The bill does not specify the exact costs or funding sources for the monitoring devices and services.

Domestic Violence Prevention Act

This act establishes an electronic monitoring or GPS program for domestic violence victims and offenders, requiring courts to order continuous monitoring for certain acts of domestic violence and ensuring law enforcement is notified if an offender violates a court-ordered condition.

What This Bill Does

• Establishes a continuous electronic monitoring system using electronic or GPS devices for people involved in domestic violence cases.
• Requires the court to administer the system through written contracts with public or private agencies or entities.
• Mandates counties and municipalities to enter into agreements with qualified service providers to manage the monitoring system.
• Orders continuous electronic monitoring for individuals accused of certain acts of domestic violence, such as strangulation or suffocation.
• Requires the entity operating the monitoring system to notify law enforcement if an offender violates a court-ordered condition.

Who It Names or Affects

• People who are victims of domestic violence
• Those accused of committing acts of domestic violence
• Courts and judges involved in domestic violence cases
• Counties and municipalities that must manage the monitoring system

Terms To Know

Continuous Electronic Monitoring System

A program using electronic or GPS devices to track people accused of domestic violence.

State-mandated local program

A program that requires counties and municipalities to follow state rules, even if they have their own programs already.

Limits and Unknowns

• The bill does not specify how much it will cost or who will pay for the monitoring devices.
• It is unclear what happens if a county or municipality cannot find qualified service providers.
• The bill requires counties and municipalities to enter into agreements, but it does not say what happens if they refuse.

Official Summary Text

SB 871, as amended, Rubio.
Domestic Violence Prevention Act.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence.
This bill would make findings and declarations related to the prevention of domestic violence and would state the intent of the Legislature to enact legislation that would establish an electronic monitoring or Global Positioning System (GPS) monitoring program that would equip domestic violence victims and offenders with electronic monitoring or (GPS) monitoring devices to allow notification of both parties as well as law enforcement if the offender comes
too close to the victim.
This bill would establish a continuous electronic monitoring system, as defined, and would require the court to administer the system pursuant to written contracts with public or private agencies or entities, as specified. The bill would also require that each county or municipality enter into a written agreement with qualified contract service providers and designate an agency to respond to monitoring violations, as specified. By imposing additional duties on counties and municipalities, this bill would create a state-mandated local program.
The bill would require the court to order continuous electronic monitoring, as specified, for a person who is alleged to have committed various acts of
domestic violence, including, among others, domestic violence involving strangulation or suffocation. The bill would also require the court to charge the person accused of domestic violence for the costs of any form of supervision that utilizes continuous electronic monitoring, except as specified.
The bill would require the entity that operates the continuous electronic monitoring system to notify the appropriate law enforcement employee and emergency communications dispatch center if an offender violates a condition of a court order.
The bill would make legislative findings and declarations related to the prevention of domestic violence.
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 the statutory provisions noted above.

Current Bill Text

Download Bill PDF