BILL NUMBER: AB 2049	CHAPTERED  09/29/06

	CHAPTER  735
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 21, 2006
	AMENDED IN ASSEMBLY  MAY 1, 2006
	AMENDED IN ASSEMBLY  APRIL 18, 2006
	AMENDED IN ASSEMBLY  MARCH 28, 2006
	AMENDED IN ASSEMBLY  MARCH 21, 2006

INTRODUCED BY   Assembly Member Spitzer
   (Coauthors: Assembly Members Daucher, Garcia, Goldberg, Haynes,
Huff, La Suer, Nakanishi, Strickland, Tran, and Wyland)
   (Coauthors: Senators Battin, Cox, and Dutton)

                        FEBRUARY 15, 2006

   An act to add Section 3053.6 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2049, Spitzer  Sex offenders: parole.
   Existing law generally regulates the parole of sex offenders and
the terms and conditions of parole that may be placed on those
offenders upon release from prison.
   This bill would provide that any person who has been convicted of
an offense that requires him or her to register as a sex offender
would, as determined to be appropriate by the Department of
Corrections and Rehabilitation, as a term of parole be prohibited
from contacting or communicating with the victim, or victims or any
of their immediate family members. The bill would also provide that
the district attorney of the prosecuting county may be available for
assisting the victim in a determination of the appropriateness of
imposing that condition of parole, as specified.


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


  SECTION 1.  Section 3053.6 is added to the Penal Code, to read:
   3053.6.  (a) Where a person committed to prison for a sex crime
for which registration is required pursuant to Section 290 is to be
released on parole, the department, in an appropriate case, shall
make an order that the parolee not contact or communicate with the
victim of the crime, or any of the victim's family members. In
determining whether to make the order, the department shall consider
the facts of the offense and the background of the parolee.
   (b) Where a victim, or an immediate family member of a victim,
requests that the parolee not contact him or her, the order shall be
made. An immediate family member's request that the parolee not
contact that person shall be granted even where the direct victim
allows contact.
   (c) Where the victim is a minor, the order that the parolee shall
not contact or communicate with the victim shall be made where
requested by the victim, or the parents or guardian of the victim. In
the event of a dispute between the parents or guardians of a minor
victim concerning whether a no-contact and no-communication order
should be made, the board shall hold a hearing to resolve the
dispute. The victim, or the parents or guardians, shall not be
required to attend the hearing. The victim, or the parents of the
victim, may submit a written statement to the board concerning the
issue of whether a no-contact or no-communication order shall be
made.
   (d) The district attorney of the county that prosecuted the
defendant for the sex crime for which the parolee was committed to
prison may be available to facilitate and assist the victim, or
victim's family member, in stating to the department whether or not
the order that the parolee not contact or communicate with him or her
shall be made.