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 The provisions creating the board would be repealed as of January 1, 2010.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.