Present law provides that it is a Class B misdemeanor, punishable by no more than six months imprisonment, a fine of up to $500, or both, for a person, who is required to operate only a motor vehicle equipped with a functioning ignition interlock device as a special condition of bond, to knowingly tamper with, remove, or vandalize the monitoring device, or for a person to knowingly aid, abet, or assist a person in tampering with, removing, or vandalizing a monitoring device.
This bill revises the provision above to, instead, provide that it is a Class B misdemeanor (punishable by no more than six months imprisonment, a fine of up to $500, or both) for a person who is required as a condition of bond to submit to (i) transdermal monitoring; (ii) a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology ("global positioning monitoring"); or (iii) other alternative monitoring; to knowingly tamper with, remove, or vandalize the monitoring device; or for any person to knowingly aid, abet, or assist the person in tampering with, removing, or vandalizing a monitoring device.
If an entity monitoring the device becomes aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the person has violated any bond condition ordered by the court, then this bill requires the entity monitoring the device to promptly give notice of the violation to the court with jurisdiction over the person and the surety of the person's bail bond. The court must take such action as the case may require, including the revocation of bail. The violation also constitutes grounds for surrender for a bail bondsman or surety.
PAROLE
This bill adds that it is a Class B misdemeanor, punishable by no more than six months imprisonment, a fine of up to $500, or both, for a prisoner released on parole, who is required as a condition of parole to submit to transdermal monitoring or other alternative monitoring, to knowingly tamper with, remove, or vandalize the monitoring device; or for a person to knowingly aid, abet, or assist the prisoner in tampering with, removing, or vandalizing a monitoring device.
If an entity monitoring the device becomes aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the prisoner has violated any condition of parole, then this bill requires the entity monitoring the device to promptly give notice of the violation to the board.
PROBATION
This bill adds that it is a Class B misdemeanor, punishable by no more than six months imprisonment, a fine of up to $500, or both, for an offender, who is required as a condition of probation to submit to transdermal monitoring or other alternative monitoring, to knowingly tamper with, remove, or vandalize the monitoring device; or to knowingly aid, abet, or assist the offender in tampering with, removing, or vandalizing a monitoring device.
If an entity monitoring the device becomes aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the offender has violated any bond condition ordered by the court, then this bill requires the entity monitoring the device to promptly give notice of the violation to the offender's probation officer.
ON APRIL 11, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2654, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Provides that if a person violates the bill and the monitoring device is damaged as a result of the violation, then the offense may be punished as theft, after determining value;
(2) Revises the provision in the bill summary relevant to parole that provides if an entity monitoring the device becomes aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the prisoner has violated any condition of parole, then the entity monitoring the device must promptly give notice of the violation to the board by, instead, providing that if an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device must promptly give notice of the violation to the department of correction; and
(3) Revises the provision in the bill summary relevant to probation that provides if an entity monitoring the device becomes aware that there has been an attempt to either tamper with, disable, remove, or otherwise make the device ineffective, or if the bonding agent becomes aware the offender has violated any bond condition ordered by the court, then this bill requires the entity monitoring the device to promptly give notice of the violation to the offender's probation officer by, instead, providing that if an entity monitoring the device becomes aware that there has been an attempt to tamper with, disable, remove, or otherwise make the device ineffective, then the entity monitoring the device must promptly give notice of the violation to the offender's probation officer.

Statutes affected:
Introduced: 40-11-118(g), 40-11-118, 40-28-117, 40-35-303
Amended with SA0959 -- 04/11/2024: 40-11-118(g), 40-11-118, 40-28-117, 40-35-303