BILL NUMBER: AB 217	CHAPTERED  10/04/05

	CHAPTER  466
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2005
	APPROVED BY GOVERNOR  OCTOBER 4, 2005
	PASSED THE ASSEMBLY  AUGUST 30, 2005
	PASSED THE SENATE  AUGUST 25, 2005
	AMENDED IN SENATE  JUNE 30, 2005
	AMENDED IN ASSEMBLY  MAY 26, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Member Vargas
   (Principal coauthors: Assembly Members Berg and Cohn)
   (Coauthors: Assembly Members Bermudez, DeVore, Shirley Horton,
Koretz, Sharon Runner, Ruskin, Salinas, and Spitzer)
   (Coauthors: Senators Dutton and Morrow)

                        FEBRUARY 3, 2005

   An act to add Article 6.5 (commencing with Section 1312) to
Chapter 2 of Division 2 of the Health and Safety Code, relating to
sex offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 217, Vargas  Sex offenders: nursing facilities.
   Existing law regulates the licensure and operation of health
facilities, including long-term health care facilities, as defined. A
violation of these provisions is a crime.
   Existing law separately requires a person who has committed one or
more designated sex crimes to register with the law enforcement
agency of the city, county, city and county, or campus in which the
person resides.
   Existing law requires every person released on probation or parole
who is required to register as a sex offender to provide proof of
registration to his or her probation officer or parole agent within 6
working days of release on probation or parole, and requires the
registering law enforcement agency to provide the registrant with a
photocopy of the registration for this purpose, or for purposes of
any other provision of law.
   Before a person who is required to register as a sex offender is
released into a long-term health care facility, this bill would
require the Department of Corrections and Rehabilitation, the State
Department of Mental Health, or any other official in charge of the
place of confinement to notify the long-term health care facility in
writing that the person is being released to reside at the facility.

   By increasing the duties of local law enforcement, 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.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Article 6.5 (commencing with Section 1312) is added to
Chapter 2 of Division 2 of the Health and Safety Code, to read:

      Article 6.5.   Release of Sex Offender to Long-Term Health Care
Facility

   1312.  Before a person who is required to register as a sex
offender under Section 290 of the Penal Code is released into a
long-term health care facility, as defined in Section 1418, the
Department of Corrections and Rehabilitation, the State Department of
Mental Health, any or other official in charge of the place of
confinement, shall notify the facility, in writing, that the sex
offender is being released to reside at the facility.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains 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.