BILL NUMBER: AB 1015	CHAPTERED
	BILL TEXT

	CHAPTER  338
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE ASSEMBLY  AUGUST 31, 2006
	PASSED THE SENATE  AUGUST 30, 2006
	AMENDED IN SENATE  AUGUST 22, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 22, 2006
	AMENDED IN SENATE  MAY 31, 2006
	AMENDED IN ASSEMBLY  JANUARY 12, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006

INTRODUCED BY   Assembly Members Chu and Spitzer
   (Coauthors: Assembly Members Bermudez, Chavez, Evans, Shirley
Horton, Garcia, Goldberg, Jones, Lieber, Negrete McLeod, Torrico, and
Vargas)
   (Coauthors: Senators Alquist and Soto)

                        FEBRUARY 22, 2005

   An act to add and repeal Chapter 3 (commencing with Section 9000)
to Title 9 of Part 3 of the Penal Code, relating to sex offenders,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1015, Chu  Sex Offender Management Board.
   Existing law requires persons convicted of certain sex offenses to
register as a sex offender, as specified.  Violations of certain of
the registration requirements are crimes, as specified.
   This bill would create the Sex Offender Management Board, as
specified, under the jurisdiction of the Department of Corrections
and Rehabilitation. The purpose of the board would be to address any
issues, concerns, and problems related to the community management of
the state's adult sex offenders, with a goal of safer communities
and reduced victimization. The board would be required to conduct a
thorough assessment of current management practices for adult sex
offenders, and to submit a report to the Legislature on that
assessment. The board would also be required to develop
recommendations to improve management practices for those offenders,
as specified. The board also would serve as a resource for the
Legislature and the Governor.
    The provisions creating the board would be repealed as of January
1, 2010.
  This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 3 (commencing with Section 9000) is added to
Title 9 of Part 3 of the Penal Code, to read:
      CHAPTER 3.  Sex Offender Management Board

   9000.  As used in this chapter, the following definitions apply:
   (a) "Board" means the Sex Offender Management Board created in
this chapter.
   (b) "Sex Offender" means any person who is required to register as
a sex offender under Section 290 of the Penal Code.
   (c) "Treatment" means a set of specialized interventions delivered
by qualified mental health professionals and designed to address the
multiple psychological and physiological factors found to be
associated with sexual offending.
   (d) "Management" means a comprehensive and collaborative team
approach to regulating, controlling, monitoring, and otherwise
influencing the current and, insofar as is possible, the future
behavior of sex offenders who are living in the community and are
directly under the authority of the criminal justice system or of
another governmental agency performing similar functions. The
overriding purpose of management of sex offenders is to enhance
community safety by preventing future sexual victimization.
Management includes supervision and specialized treatment as well as
a variety of other interventions.
   (e) "Supervision" means a specialized approach to the process of
overseeing, insofar as authority to do so is granted to the
supervising agency, all significant aspects of the lives of sex
offenders who are being managed, as described in subdivision (d).
This approach includes traditional methods as well as techniques and
tools specifically designed to respond to the risks to community
safety raised by sex offenders. Supervision is one component of
management.
   9001.  (a) The Sex Offender Management Board which is hereby
created under the jurisdiction of the Department of Corrections and
Rehabilitation, shall consist of 17 members. The membership of the
board shall reflect, to the extent possible, representation of
northern, central, and southern California as well as both urban and
rural areas.  Each appointee to the board, regardless of the
appointing authority, shall have the following characteristics:
   (1) Substantial prior knowledge of issues related to sex
offenders, at least insofar as related to his or her own agency's
practices.
   (2) Decisionmaking authority for, or direct access to those who
have decisionmaking authority for, the agency or constituency he or
she represents.
   (3) A willingness to serve on the board and a commitment to
contribute to the board's work.
   (b) The membership of the board shall consist of the following
persons:
   (1) State government agencies:
   (A) The Attorney General or his or her designee who shall be an
authority in policy areas pertaining to sex offenders and shall have
expertise in dealing with sex offender registration, notification,
and enforcement.
   (B) The Secretary of the Department of Corrections and
Rehabilitation or his or her designee who has expertise in parole
policies and practices.
   (C) The Director of Adult Parole Services or his or her designee.

   (D) One California state judge, appointed by the Judicial Council.

   (E)  The Director of Mental Health or his or her designee who is a
licensed mental health professional with recognized expertise in the
treatment of sex offenders.
   (2) Local government agencies:
   (A) Three members who represent law enforcement, appointed by the
Governor. One member shall possess investigative expertise and one
member shall have law enforcement duties that include registration
and notification responsibilities, and one shall be a chief probation
officer.
   (B) One member who represents prosecuting attorneys, appointed by
the Senate Committee on Rules. He or she shall have expertise in
dealing with adult sex offenders.
   (C) One member who represents probation officers, appointed by the
Speaker of the Assembly.
   (D) One member who represents criminal defense attorneys,
appointed by the Speaker of the Assembly.
   (E) One member who is a county administrator, appointed by the
Governor.
   (F) One member who is a city manager or his or her designee,
appointed by the Speaker of the Assembly.
   (3) Nongovernmental agencies:
   (A) Two members who are licensed mental health professionals with
recognized experience in working with sex offenders and who can
represent, through their established involvement in a formal
statewide professional organization, those who provide evaluation and
treatment for adult sex offenders, appointed by the Senate Committee
on Rules.
   (B) Two members who are recognized experts in the field of sexual
assault and represent sexual assault victims, both adults and
children, and rape crisis centers, appointed by the Governor.
   (c) The board shall appoint a chair from among the members
appointed pursuant to subdivision (b). The chair shall serve in that
capacity at the pleasure of the board.
   (d) Each member of the board who is appointed pursuant to this
section shall serve without compensation.
   (e) If a board member is unable to adequately perform his or her
duties or is unable to attend more than three meetings in a single
12-month period, he or she is subject to removal from the board by a
majority vote of the full board.
   (f) Any vacancies on the board as a result of the removal of a
member shall be filled by the appointing authority of the removed
member within 30 days of the vacancy.
   (g) The board may create, at its discretion, subcommittees or task
forces to address specific issues. These may include board members
as well as invited experts and other participants.
   (h) The board shall hire a coordinator who has relevant experience
in policy research. The board may hire other staff as funding
permits.
   (i) In the course of performing its duties, the board shall, when
possible, make use of the available resources of research agencies
such as the Legislative Analyst's Office, the California Research
Bureau, the California State University system, including schools of
public policy and criminology, and other similar sources of
assistance.
   (j) Staff support services for the board shall be provided by
staff of the Department of Corrections and Rehabilitation as directed
by the secretary.
   9002.  (a) The board shall address any issues, concerns, and
problems related to the community management of adult sex offenders.
The main objective of the board, which shall be used to guide the
board in prioritizing resources and use of time, is to achieve safer
communities by reducing victimization. To that end, the board shall
do both of the following:
   (1) Conduct a thorough assessment of current management practices
for adult sex offenders, primarily those under direct criminal
justice or other supervision, residing in California communities. A
report on the findings of this assessment shall be submitted to the
Legislature and the Governor by January 1, 2008. Areas to be reviewed
in this assessment shall include, but not be limited to, the
following:
   (A) The numbers and distribution of offenders.
   (B) Supervision practices.
   (C) Treatment availability and quality.
   (D) Issues related to housing.
   (E) Recidivism patterns.
   (F) Response to the safety concerns of past and potential future
victims.
   (G) Cost and cost-effectiveness of various approaches.
   (H) Any significant shortcomings in management practices.
   (2) Develop recommendations, based upon the findings in the
assessment, to improve management practices of adult sex offenders
under supervision in the community, with the goal of improving
community safety. The plan shall address all significant aspects of
community management including supervision, treatment, housing,
transition to the community, interagency coordination and the
practices of other entities that directly or indirectly affect the
community management of sex offenders. The board shall provide
information to the Legislature and Governor as to its progress by
January 1, 2009. The completed plan shall be submitted to the
Legislature and the Governor by January 1, 2010.
   (b) The board shall conduct public hearings, as it deems
necessary, to provide opportunities for gathering information and
receiving input regarding the work of the board from concerned
stakeholders and the public.
   9003.  This chapter shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   To allow the Governor and the Legislature to make appointments to
the Sex Offender Management Board as soon as possible to allow the
board to begin working on an assessment of current adult sex offender
programs for a report to the Legislature, which is due on January 1,
2008.