BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Elaine K. Alquist, Chair A
2005-2006 Regular Session B
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AB 113 (Cohn)
As Amended April 28, 2005
Hearing date: June 28, 2005
Penal Code
AA:br VOTE ONLY
CHILD SEX OFFENDER PAROLEE PLACEMENT :
PROXIMITY TO SCHOOLS
HISTORY
Source: Author
Prior Legislation: SB 1495 (Chavez) - Ch. 51, Stats. 2003
AB 1988 (Strickland) - Ch. 153, Stats. 2000
AB 1646 (Battin) - Ch. 96, Stats. 1998
Support: Peace Officers Research Association of California;
California Peace Officers' Association; County of San
Diego; Crime Victims United of California; California
Correctional Supervisors Organization; Child Abuse
Prevention Council of Contra Costa County; one
individual
Opposition:
American Civil Liberties Union; California Attorneys for
Criminal Justice; California Public Defenders Association; three
individuals
Assembly Floor Vote: Ayes 71 - Noes 0
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KEY ISSUE
SHOULD THE CURRENT ONE-QUARTER MILE OF A K-8 SCHOOL LIMITATION
ON THE PLACEMENT OF CERTAIN SEX OFFENDERS BE EXPANDED TO
ONE-HALF MILE FOR PAROLEES DETERMINED TO POSE A HIGH RISK TO THE
PUBLIC, AS SPECIFIED?
PURPOSE
The purpose of this bill is to prohibit certain sex offender
parolees, determined by the Department of Corrections to pose a
high risk to the public, from being placed or residing for the
duration of his or her parole within one-half mile of any public
or private school including any or all of kindergarten and
grades 1 to 12 inclusive, instead of one-quarter mile now
applicable to these parolees.
Current law provides that "(n)otwithstanding any other law, an
inmate who is released on parole for any violation of Section
288<1> or 288.5<2> shall not be placed or reside, for the
duration of his or her period of parole, within one-quarter mile
of any school including any public or private school including
any or all of kindergarten and grades 1 to 8, inclusive."
(Penal Code 3003(g) (emphasis added).)
This bill would prohibit an inmate who is released on parole for
a violation of Section 288 or 288.5 whom the Department of
Corrections determines poses a high risk to the public, to be
placed or reside for the duration of his or her parole, within
one-half mile of any public or private school including any or
all of kindergarten and grades 1 to 12, inclusive.
COMMENTS
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<1> Penal Code 288 pertains to lewd or lascivious acts on a
child under the age of 14, as specified.
<2> Penal Code 288.5 pertains to continuous sexual abuse of a
child under the age of 14, as specified.
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1. Stated Need for This Bill
The author states:
Current law does not keep high-risk sex offenders
far enough away from schools. One-quarter of a
mile is not a big enough buffer zone between the
most vulnerable citizens in our society and the
sex offenders that have already proven that they
will re-offend.
The state has already recognized that these
specific offenders are dangerous by classifying
them as high-risk and placing them on specialized
parole supervision. This bill will add one more
protection for our children from some of the worst
sex offenders out there.
2. What This Bill Would Do
As explained above, current law prohibits the placement of
parolees who have been convicted of child molestation, as
specified (Penal Code 288 or 288.5) within one-quarter mile
of any public or private school, K-8.
This bill would expand this limitation to one-half mile for
these parolees when they have been determined by the Department
of Corrections to pose a high risk to the public, and increase
its application for these parolees to include grades 9-12.
3. Proposed Expanded School Radius
This bill would increase, from a quarter-mile to a half-mile,
the existing placement radius for sex offender parolees if they
have been determined to pose a high risk to the public.
Extending a half-mile placement radius for sex offender
parolees originally was proposed in AB 1646 (Battin) in 1998.
The analysis for that bill included the following information:
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According to information obtained from CDC, the
majority of the sex offenders who would be
impacted by this bill come from densely populated
areas; few come from rural areas. The Assembly
Public Safety analysis cites Department of
Education information that, in an urban area
densely populated with apartments, elementary
schools may be designed to serve a one square mile
attendance area. The same district may have
elementary schools located 1.5 to 2.5 miles apart
if the residences are single-family homes. In
either instance, one consideration is whether this
bill inadvertently would create "corridors" or
"clusters" between schools into which urban-placed
parolees would be concentrated. These
concentrations arguably may be additionally be
heightened if parole conditions concerning parks,
playgrounds and other areas in which children
typically congregate are imposed.
AB 1646 passed this Committee with an amendment to reduce the
proposed one-half mile radius to the one-quarter mile radius now
contained in statute. This bill would increase the quarter-mile
radius to one-half mile for "high-risk" parolees.
An analysis for the Senate Human Services Committee from earlier
this year analyzing another bill that proposed a similar
half-mile school radius for sex offender parolees included the
following information:
According to the Department of Corrections, as of
June 30, 2004, there were 2,847 parolees whose
controlling offence was "lewd act with a child."
These offenders constitute 2.5 percent of
California's 113,000 parolees.
According to the Department of Education, there
are more than 6,800 public elementary, middle,
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junior high, and K-12 schools in California.
There are an additional 700 public schools that
are community day, special education, and
alternative schools that are likely to have at
least one of the grade levels with which this bill
is concerned.
Also, the Department of Education reports that
California has 3,754 private schools, at least
two-thirds of which contain at least one of the
grade levels kindergarten through 8th. (It is
unclear from the department's list if California's
700 charter schools are included here or if they
are in addition.)
It is safe, therefore, to estimate that there are
at least 10,000 schools in California that are
referenced in this bill, and possibly as many as
11,000.
. . .
According to the DOC, their research has shown it
would be problematic to find any residences a mile
or more from the closest school in both major
urban areas and in small rural towns. The small
areas that are left, where housing could be found
for these offenders, might then have an
over-concentration of these specific offenders.<3>
Supporters of this measure argue that this bill will enhance the
safety of children. For example, Crime Victims United of
California notes that it "shares the same goal as Assembly
Member Cohn of limiting the ability for sex offenders to
continue victimizing our family and friends and causing terror
in California communities. Distancing these individuals from
the vulnerable populations they have preyed upon is a vital step
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<3> Analysis of SB 1051 (Hollingsworth), Senate Committee on
Human Services, April 12, 2005.
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in helping to ensure the safety of our communities."
WOULD THIS BILL ENHANCE PUBLIC AND, MORE PARTICULARLY, CHILD
SAFETY WITH RESPECT TO "HIGH-RISK" SEX OFFENDER PAROLEES?
COULD THIS BILL INADVERTENTLY CLUSTER THESE PAROLEES IN OTHER
NEIGHBORHOODS EQUALLY AS LIKELY TO ATTRACT CHILDREN, SUCH AS
OTHER RESIDENTIAL NEIGHBORHOODS, OR RESIDENTIAL AREAS AROUND
PARKS?
IN DENSELY POPULATED AREAS, HOW PRACTICAL WOULD IT BE TO
PROHIBIT PLACEMENT WITHIN ONE-HALF MILE OF ANY PUBLIC OR
PRIVATE K-12? IN CITIES AND SUBURBS, ARE THERE MANY
RESIDENTIAL AREAS AT LEAST A HALF-MILE FROM A SCHOOL?
WOULD THIS BILL HAVE AN INADVERTENT IMPACT ON RURAL AREAS, WHERE
SCHOOLS ARE FURTHER APART AND PLACEMENT OF THESE PAROLEES MIGHT
BE ACHIEVED MORE EASILY? DO RURAL AREAS PROVIDE THE KIND OF
SUPERVISION, HOUSING, TRANSPORTATION, EMPLOYMENT AND TREATMENT
THESE PAROLEES REQUIRE?
4. Existing Parole Limitations on "High Risk" Sex Offender
Parolees
The Department of Corrections provided the Committee the
following information describing its current program for
high-risk sex offender parolees:
The Specialized Sex Offender Containment Program
includes:
Assessment of all Penal Code (PC)
Section 290 registrant inmates prior to parole
by a Regional Specialized Sex Offender Screener
using a standardized risk assessment tool to
determine if the parolee is at
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high-risk-to-sexually-re-offend.
Treatment for this high-risk population
provided through contracted relapse prevention
programs. Each sex offender will develop an
individual relapse prevention plan and identify
triggering behaviors that may lead to future
sexual deviancy. Additional program
intervention may include Anger Management,
Relationship Skills, Alcohol and Drug
Education, Communication Skills, and Victim
Empathy Development classes.
Coordination through monthly Law
Enforcement Offender-Profile Meetings; case
management planning with federal, state and.
local law enforcement and child protective
services agencies.
Supervision on a specialized caseload
provided at a limited ratio of 40 parolees to
one parole agent. Where appropriate, two
specialized sex offender agents will work as a
team, which will allow for greater insight into
the high-risk sex offenders' criminal behavior.
Supervision specifications for the high-risk sex
offender parolee population are:
Limited to a ratio of 40 parolees
to one parole agent
Initial face-to-face contact by the
first working day following release from
custody
Two face-to-face contacts per month
Four face-to-face contacts per
Quarter will be at Residence of Record
Case Reviews conducted 30 days
after release and 90 days thereafter.
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In addition, the department currently may impose special
conditions of parole on these offenders, including the following
(directed to the parolee):
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| You will not initiate, establish or maintain |
| contact with anyone under the age of 18 without |
| prior P&CSD approval. "No contact" means |
| exactly that: in any manner direct or indirect, |
| personally, be telephone, letter or through |
| another person. This includes attempting |
| contact with an adult with the possibility that |
| children may be in the area. |
|---------------------------------------------------------------|
| You may not be within 100 yards of the |
| perimeter of places where children congregate |
| (schools, parks, playgrounds, video arcades, |
| swimming pools, etc.) without prior P&CSD |
| approval. |
|---------------------------------------------------------------|
| You may not date, socialize or form a |
| romantic relationship with any person who has |
| physical custody of a minor without the prior |
| written approval from P&CSD. |
|---------------------------------------------------------------|
| You must immediately inform your parole agent |
| about any contact with a minor whether it is |
| "accidental" or not. |
|---------------------------------------------------------------|
| You will not wear or display gang colors or |
| insignia or associate with gang members. |
|---------------------------------------------------------------|
| You are not to associate with any crime |
| partner (s) from your commitment offense. |
|---------------------------------------------------------------|
| You are not to associate with any alcohol or |
| drug users. |
|---------------------------------------------------------------|
| You are not to associate with any sex |
| offenders except in a treatment program as |
| approved by P&CSD. |
|---------------------------------------------------------------|
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| You will inform all persons with whom you |
| have a significant relationship about your |
| criminal history AND ADVISE YOUR P&CSD AGENT OF |
| THIS NOTIFICATION. |
|---------------------------------------------------------------|
| You will not operate a motor vehicle without |
| valid driver's license, registration or proof of |
| insurance. |
|---------------------------------------------------------------|
| You will not drive a motor vehicle with a |
| female passenger w/out P&CSD approval. |
|---------------------------------------------------------------|
| You will not hitchhike or pick up |
| hitchhikers. |
|---------------------------------------------------------------|
| You will remain inside your residence of |
| record between the hours of __ p.m. and __ a.m.; |
| Curfew hours may be adjusted/deleted with |
| approval of your parole agent. |
|---------------------------------------------------------------|
| You will participate in electronic monitoring |
| at the direction of your agent of record. |
|---------------------------------------------------------------|
| You may not be within 100 yards of the |
| perimeter of any school (elementary, middle, |
| junior or senior high, college, or university). |
|---------------------------------------------------------------|
| You cannot enter the premises, travel past or |
| loiter near where your victim frequents, |
| resides, is employed or attends classes. |
|---------------------------------------------------------------|
| You may not contact your crime victim(s), |
| their families or friends. This includes |
| contact in person, by telephone, mail, computer |
| or through another person |
|---------------------------------------------------------------|
| You will not contact, or cause to be |
| contacted,------------, in any manner (in |
| person, by telephone, by mail or through a third |
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| party) without prior approval of the supervising |
| parole agent. You are not to travel past or |
| loiter near where they frequent, reside or are |
| employed. |
|---------------------------------------------------------------|
| You will not have access to a post office box |
| without prior P&CSD approval. |
|---------------------------------------------------------------|
| You are not to possess or have access to |
| checks, money orders or credit cards without |
|P&CSD approval. |
|---------------------------------------------------------------|
| You will maintain a curfew as directed by |
| P&CSD. |
|---------------------------------------------------------------|
| You are not to use any fictitious names. |
|---------------------------------------------------------------|
| You are not to view television programs, |
| movies or videos designed to stimulate or arouse |
| sexual fantasies. |
|---------------------------------------------------------------|
| You are not to view, possess or have access |
| to videotapes, films, magazines or photographs |
| depicting any type of sexual activity or |
| sexually oriented material. |
|---------------------------------------------------------------|
| You are not to enter, travel past or loiter |
| near areas of sexual or pornographic activity |
| such as adult bookstores, massage parlors, |
| topless bars, sex shops, etc AND KNOWN |
| PROSTITUTION AREAS. |
|---------------------------------------------------------------|
| You are not to possess or have access to |
| handcuffs, restraint equipment or other items |
| that could be used for sadomasochistic purposes. |
|---------------------------------------------------------------|
| You are not to possess or have access to |
| children's clothing, toys or games or photos |
| without prior P&CSD approval. |
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|---------------------------------------------------------------|
| You may not possess or have access to any |
| household pets or animals without agent |
| approval. |
|---------------------------------------------------------------|
| You may not use, posses or have access to any |
| computer without prior approval of your parole |
| agent. |
|---------------------------------------------------------------|
| You may not possess or have access to cameras |
| of any kind. |
|---------------------------------------------------------------|
| You are not to possess, or have access to law |
| enforcement identification, insignia, badges, |
| uniforms or other items identified with law |
| enforcement without prior P&CSD approval. |
|---------------------------------------------------------------|
| You are not to posses or have access to |
| costumes, masks or other identity-concealing |
| items without prior P&CSD approval. |
|---------------------------------------------------------------|
| You are prohibited from residing within |
| one-quarter mile of any school that contains |
|grades Kindergarten through grade 8th. |
---------------------------------------------------------------
IN LIGHT OF EXISTING PAROLE CONDITIONS AND SUPERVISION FOR
HIGH-RISK SEX OFFENDER PAROLEES, IS THIS BILL NECESSARY?
IS THERE EVIDENCE THAT THE CURRENT PLACEMENT OF "HIGH RISK" SEX
OFFENDER PAROLEES WARRANTS THE ADDITIONAL LIMITATIONS PROPOSED
BY THIS BILL?
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