BILL NUMBER: AB 1098 CHAPTERED 09/02/03 CHAPTER 245 FILED WITH SECRETARY OF STATE SEPTEMBER 2, 2003 APPROVED BY GOVERNOR SEPTEMBER 1, 2003 PASSED THE ASSEMBLY AUGUST 21, 2003 PASSED THE SENATE JULY 21, 2003 AMENDED IN SENATE JUNE 30, 2003 AMENDED IN ASSEMBLY APRIL 2, 2003 INTRODUCED BY Assembly Member Garcia FEBRUARY 20, 2003 An act to amend Section 290.85 of the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST AB 1098, Garcia. Sex offenders. Existing law requires any person released on probation or parole for commission of a sexual offense the commission of which requires him or her to register as a sex offender to read and sign a form stating that the duty to register has been explained to him or her, as specified. Existing law requires every parolee who is required to register as a sex offender to provide proof of registration to his or her parole agent within 6 working days of release on parole and proof of any revision or annual update to his or her registration information to his or her parole agent at their next scheduled supervision appointment. This bill would require, in addition, that every person released on probation who is required to register as a sex offender provide his or her probation officer proof of their registration within 6 working days of his or her release, as specified. This bill would also require every person who is released on probation or parole and who is required to register as a sex offender to provide proof of any revision or annual update for so long as that person is required to be under the supervision of a parole officer. This bill would also require a probation officer or parole agent who supervises a registered sex offender to inform him or her of their duties under this section, as specified. This bill would also require a law enforcement agency that registers an individual subject to these provisions to provide him or her proof of their registration, as defined. Because this bill would require employees of local agencies to perform additional duties and would change the definition of a crime, 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 290.85 of the Penal Code is amended to read: 290.85. (a) Every person released on probation or parole who is required to register as a sex offender, pursuant to Section 290, shall provide proof of registration to his or her probation officer or parole agent within six working days of release on probation or parole. The six-day period for providing proof of registration may be extended only upon determination by the probation officer or parole agent that unusual circumstances exist relating to the availability of local law enforcement registration capabilities that preclude the person's ability to meet the deadline. (b) Every person released on probation or parole who is required to register as a sex offender pursuant to Section 290 shall provide proof of any change or update to his or her registration information to his or her probation officer or parole agent within five working days for so long as he or she is required to be under the supervision of a probation officer or parole agent. (c) A probation officer or parole agent who supervises an individual who is required to register as a sex offender pursuant to Section 290 shall inform that individual of his or her duties under this section not fewer than six days prior to the date on which proof of registration or proof of any change or update to registration information is to be provided to the probation officer or parole agent. (d) For purposes of this section, "proof of registration" means a photocopy of the actual registration form. A law enforcement agency that registers an individual as a sex offender pursuant to Section 290 who is released on probation or parole and is therefore subject to this section shall provide that individual with proof of his or her registration free of charge when requested by the registrant to fulfill the requirements of this section or any other provision of law. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains other 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.