BILL NUMBER: AB 1844	CHAPTERED
	BILL TEXT

	CHAPTER  219
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2010
	PASSED THE SENATE  AUGUST 24, 2010
	PASSED THE ASSEMBLY  AUGUST 30, 2010
	AMENDED IN SENATE  AUGUST 20, 2010
	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  JUNE 2, 2010
	AMENDED IN ASSEMBLY  APRIL 28, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010

INTRODUCED BY   Assembly Member Fletcher
   (Principal coauthors: Assembly Members Anderson, Block, Garrick,
Gilmore, Nielsen, and Salas)
   (Principal coauthors: Senators Alquist, Hollingsworth, and Wyland)

   (Coauthors: Assembly Members Adams, Arambula, Bill Berryhill, Tom
Berryhill, Blakeslee, Bradford, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De Leon, DeVore,
Emmerson, Fong, Fuller, Gaines, Galgiani, Hagman, Hall, Harkey, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Ma, Mendoza, Miller,
Nava, Nestande, Niello, Norby, Portantino, Silva, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, and
Villines)
   (Coauthors: Senators Cogdill, Correa, Cox, Denham, Dutton, Harman,
Huff, Maldonado, and Runner)

                        FEBRUARY 12, 2010

   An act to amend Sections 220, 236.1, 264, 264.1, 286, 288, 288a,
289, 290.04, 290.05, 290.06, 290.46, 666, 667.61, 1203.067, 2962,
3000, 3000.1, 3008, and 13887 of, and to add Sections 290.09, 3053.8,
and 9003 to, the Penal Code, and to amend Section 18846.3 of the
Revenue and Taxation Code, relating to sex crimes, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1844, Fletcher. Sex offenders: punishment: parole.
   Under existing law, an assault with the intent to commit mayhem,
rape, sodomy, oral copulation, or with the intent to commit, by
force, rape, spousal rape, or sexual penetration in concert with
another, is punishable by imprisonment in the state prison for 2, 4,
or 6 years, except as specified.
   This bill would provide that an assault of a person under 18 years
of age with the intent to commit rape, sodomy, oral copulation, or
with the intent to commit, by force, rape, spousal rape, or sexual
penetration in concert with another, would be punishable by
imprisonment in state prison for 5, 7, or 9 years.
   Under existing law, any person who deprives or violates the
personal liberty of another with the intent to effect or maintain a
felony violation of specified sex crimes, extortion, or to obtain
forced labor or services, is guilty of human trafficking. Existing
law provides that a violation of this provision where the victim of
the trafficking was under 18 years of age at the time of the
commission of the offense is punishable by imprisonment in the state
prison for 4, 6, or 8 years.
   This bill would provide that any person who commits human
trafficking involving a commercial sex act where the victim of the
human trafficking was under 18 years of age at the time of the
commission of the offense shall be punished in addition by a fine of
not more than $100,000, to be used as specified.
   Under existing law, rape, sodomy accomplished against the victim's
will, oral copulation accomplished against the victim's will, and
sexual penetration accomplished against the victim's will is
punishable by imprisonment in state prison for 3, 6, or 8 years.
Rape, sodomy, and oral copulation committed in concert with another
is punishable by imprisonment in the state prison for 5, 7, or 9
years.
   This bill would provide that the punishment for these specified
crimes upon a child who is under 14 years of age is punishable by
imprisonment in state prison for 9, 11, or 13 years, and if committed
upon a minor who is 14 years of age or older is punishable by
imprisonment in state prison for 7, 9, or 11 years. This bill would
provide that if these crimes are committed in concert with another
person upon a child who is under 14 years of age they are punishable
in state prison for 10, 12, or 14 years and if committed in concert
upon a minor who is 14 years of age or older by imprisonment for 7,
9, or 11 years. By increasing the punishment for crimes, this bill
would impose a state-mandated local program.
   Under existing law, a person who commits an act of rape, rape or
sexual penetration in concert, sodomy, oral copulation, or sexual
penetration, when the act is committed upon a child who is under 14
years of age and 7 or more years younger than the person, is guilty
of aggravated sexual assault of a child. Aggravated sexual assault of
a child under these circumstances is punishable by imprisonment in
state prison for 15 years to life.
   This bill would provide that it does not preclude prosecution
under this existing law.
   Under existing law, a person who commits any lewd or lascivious
act upon a child who is under 14 years of age by use of force or fear
is guilty of a felony punishable by imprisonment in state prison for
3, 6, or 8 years.
   This bill would increase the punishment for this crime to
imprisonment in the state prison for 5, 8, or 10 years. By increasing
the punishment for a crime, this bill would impose a state-mandated
local program.
   Under existing law, a person who commits any lewd or lascivious
act upon a dependent person, as defined, by use of force or fear is
guilty of a felony punishable by imprisonment in state prison for 3,
6, or 8 years.
   This bill would increase the punishment for this crime to
imprisonment in the state prison for 5, 8, or 10 years. By increasing
the punishment for a crime, this bill would impose a state-mandated
local program.
   Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, requires a person convicted of
certain felonies under specified circumstances to be committed to
prison for a term of years to life.
   This bill would provide that these felonies committed under the
above-specified circumstances upon a victim who is a child under 14
years of age shall be punished by imprisonment in state prison for
life without the possibility of parole if the offender is 18 years of
age or older or 25 years to life if the offender is under 18 years
of age. This bill would add as a circumstance the infliction of
bodily harm, as defined, on a victim who is a child under 14 years of
age to the list of specified circumstances that would result in this
imprisonment.
   This bill would provide that when rape, spousal rape, rape in
concert, or sexual penetration, sodomy, or oral copulation committed
against the victim's will are committed under 2 of a specified list
of circumstances, upon a minor 14 years of age or older, the
punishment shall be imprisonment in state prison for life without the
possibility of parole if the offender is 18 years of age or older or
25 years to life if the offender is under 18 years of age, or for 25
years to life if committed under one of the specified circumstances.

   Under existing law, a person convicted of certain felony sex
offenses shall be committed to prison for a term of 15 years to life
if during the commission of the felony the defendant inflicted great
bodily injury on the victim.
   This bill would provide that any person who is convicted of
certain sex offenses under specified circumstances, upon a victim who
is a child under 14 years of age, shall be punished by imprisonment
in the state prison for 25 years to life. The bill would provide a
life term of imprisonment for any person convicted of a lewd or
lascivious act where he or she inflicted bodily harm.
   Existing law makes it unlawful for a person who is required to
register as a sex offender to reside within 2,000 feet of a public or
private school, or park where children regularly gather. Existing
law also provides that any person required to register as a sex
offender who comes into any school building or upon any school ground
without lawful business and written permission is guilty of a
misdemeanor.
   This bill would make it a misdemeanor for a person who is on
parole for specified sex offenses to enter any park where children
regularly gather without express permission from the person's parole
agent.
   Under existing law, a prisoner is generally released on parole for
a period not exceeding 3 years, except that inmates sentenced for
certain enumerated violent felonies are released on parole for a
period not exceeding 5 years. Under existing law, the period of
parole for an inmate who has received a life sentence for certain
specified sex offenses is for a period not exceeding 10 years.
   This bill would require lifetime parole for habitual sex
offenders, persons convicted of kidnapping a child under 14 years of
age with the intent to commit a specified sexual offense, and persons
convicted of other specified sex crimes, including, among others,
aggravated sexual assault of a child. The bill would, unless a longer
period of parole applies, impose a 10-year parole period on inmates
sentenced for kidnapping with the intent to commit specified sex
offenses, specified lewd or lascivious acts, and other specified
sexual offenses. The bill would impose a 20-year parole period on
inmates convicted and required to register as sex offenders for rape,
sodomy, lewd or lascivious acts, continuous sexual abuse of a child,
and other specified sex crimes, in which one or more of the victims
of the offense was a child under 14 years of age, as specified.
   Existing law provides that petty theft is a misdemeanor, except
that every person who, having been convicted of petty theft, grand
theft, auto theft, burglary, carjacking, robbery, or receiving stolen
property and having served time in a penal institution therefor, is
subsequently convicted of petty theft, is punishable by imprisonment
in a county jail not exceeding one year, or in the state prison.
   This bill would require that most persons be convicted 3 or more
times of a qualifying offense to be subject to imprisonment in the
state prison for petty theft. Persons required to register as sex
offenders, or with a prior serious or violent felony conviction, who
have been convicted and imprisoned for the commission of specified
crimes, including, among others, petty theft, auto theft, burglary,
carjacking, or robbery, would remain subject to imprisonment in the
state prison with one prior qualifying offense.
   Existing law provides that the sex offender risk assessment tool
for use with selected populations shall be known as the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO).
Existing law provides that the SARATSO for adult males required to
register as sex offenders shall be the STATIC-99 risk assessment
scale. Existing law requires the SARATSO Review Committee to
determine whether the STATIC-99 should be supplemented with an
actuarial instrument that measures dynamic risk factors or whether it
should be replaced with a different risk assessment tool.
   This bill would provide that the STATIC-99 shall be the SARATSO
static tool for adult males. The bill would require the SARATSO
Review Committee, on or before January 1, 2012, to select an
actuarial instrument that measures dynamic risk factors and an
actuarial instrument that measures risk of future sexual violence to
be administered as specified. The bill would provide that persons who
administer the dynamic SARATSO and the future violence SARATSO shall
be trained, as specified. The bill would make other conforming
changes.
   Existing law provides that with respect to a person who has been
convicted of specified sex crimes, the Department of Justice shall
make available to the public via the department's Internet Web site
certain identifying and criminal history information.
   This bill would require the department to also make available the
person's static SARATSO score and information on an elevated risk
level based on the SARATSO future violence tool.
   Existing law requires that persons convicted of certain sex crimes
be evaluated by the county probation department and requires that if
a defendant is granted probation, the court shall order the
defendant to be placed in an appropriate treatment program designed
to deal with child molestation or sexual offenders, if an appropriate
program is available in the county.
   This bill would remove the requirement that the defendant be
placed in an appropriate treatment program but would instead impose
specified conditions, including participation in an approved sex
offender management program, on persons released on formal supervised
probation for an offense requiring registration as a sex offender,
as specified. By imposing additional requirements on county probation
departments, this bill would impose a state-mandated local program.
The bill would similarly require participation in an approved sex
offender management program, as a condition of parole, for persons
released on parole for an offense that requires registration as a sex
offender, as specified.
   Existing law requires that, as a condition of parole, prisoners
who meet specified criteria be treated by the State Department of
Mental Health. Existing law requires that prior to release on parole,
these prisoners be evaluated, as specified. Existing law provides
that only if both independent professionals who evaluate the
prisoner, as required, concur with the chief psychiatrist's
certification shall treatment by the department be required.
   This bill would instead make these provisions applicable to the
prisoner if at least one of the independent professionals concurs
with the chief psychiatrist's certification.
   Under the Personal Income Tax Law, individual taxpayers are
allowed to contribute amounts in excess of their tax liability for
the support of specified funds or accounts, including, among others,
the California Sexual Violence Victim Services Fund. Existing law
provides for the appearance of this fund on the tax return form until
January 1, 2011, unless a later enacted statute deletes or extends
that date.
   This bill would delete the January 1, 2011, repeal date.
   This bill would incorporate additional changes to Section 290.06
of the Penal Code proposed by SB 1201 contingent on the prior
enactment of that bill.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  This act shall be known as the Chelsea King Child
Predator Prevention Act of 2010.
  SEC. 2.  Section 220 of the Penal Code is amended to read:
   220.  (a) (1) Except as provided in subdivision (b), any person
who assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 shall be
punished by imprisonment in the state prison for two, four, or six
years.
   (2) Except as provided in subdivision (b), any person who assaults
another person under 18 years of age with the intent to commit rape,
sodomy, oral copulation, or any violation of Section 264.1, 288, or
289 shall be punished by imprisonment in the state prison for five,
seven, or nine years.
   (b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
  SEC. 3.  Section 236.1 of the Penal Code is amended to read:
   236.1.  (a) Any person who deprives or violates the personal
liberty of another with the intent to effect or maintain a felony
violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to
obtain forced labor or services, is guilty of human trafficking.
   (b)  Except as provided in subdivision (c), a violation of this
section is punishable by imprisonment in the state prison for three,
four, or five years.
   (c) A violation of this section where the victim of the
trafficking was under 18 years of age at the time of the commission
of the offense is punishable by imprisonment in the state prison for
four, six, or eight years.
   (d) (1) For purposes of this section, unlawful deprivation or
violation of the personal liberty of another includes substantial and
sustained restriction of another's liberty accomplished through
fraud, deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person, under
circumstances where the person receiving or apprehending the threat
reasonably believes that it is likely that the person making the
threat would carry it out.
   (2) Duress includes knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
immigration document of the victim.
   (e) For purposes of this section, "forced labor or services" means
labor or services that are performed or provided by a person and are
obtained or maintained through force, fraud, or coercion, or
equivalent conduct that would reasonably overbear the will of the
person.
   (f) The Legislature finds that the definition of human trafficking
in this section is equivalent to the federal definition of a severe
form of trafficking found in Section 7102(8) of Title 22 of the
United States Code.
   (g) (1) In addition to the penalty specified in subdivision (c),
any person who commits human trafficking involving a commercial sex
act where the victim of the human trafficking was under 18 years of
age at the time of the commission of the offense shall be punished by
a fine of not more than one hundred thousand dollars ($100,000).
   (2) As used in this subdivision, "commercial sex act" means any
sexual conduct on account of which anything of value is given or
received by any person.
   (h) Every fine imposed and collected pursuant to this section
shall be deposited in the Victim-Witness Assistance Fund to be
available for appropriation to fund services for victims of human
trafficking. At least 50 percent of the fines collected and deposited
pursuant to this section shall be granted to community-based
organizations that serve victims of human trafficking.
  SEC. 4.  Section 264 of the Penal Code is amended to read:
   264.  (a) Except as provided in subdivision (c), rape, as defined
in Section 261 or 262, is punishable by imprisonment in the state
prison for three, six, or eight years.
   (b) In addition to any punishment imposed under this section the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates Section 261 or 262 with the proceeds of this
fine to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
   (c) (1) Any person who commits rape in violation of paragraph (2)
of subdivision (a) of Section 261 upon a child who is under 14 years
of age shall be punished by imprisonment in the state prison for 9,
11, or 13 years.
   (2) Any person who commits rape in violation of paragraph (2) of
subdivision (a) of Section 261 upon a minor who is 14 years of age or
older shall be punished by imprisonment in the state prison for 7,
9, or 11 years.
   (3) This subdivision does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
  SEC. 5.  Section 264.1 of the Penal Code is amended to read:
   264.1.  (a) The provisions of Section 264 notwithstanding, in any
case in which the defendant, voluntarily acting in concert with
another person, by force or violence and against the will of the
victim, committed an act described in Section 261, 262, or 289,
either personally or by aiding and abetting the other person, that
fact shall be charged in the indictment or information and if found
to be true by the jury, upon a jury trial, or if found to be true by
the court, upon a court trial, or if admitted by the defendant, the
defendant shall suffer confinement in the state prison for five,
seven, or nine years.
   (b) (1) If the victim of an offense described in subdivision (a)
is a child who is under 14 years of age, the defendant shall be
punished by imprisonment in the state prison for 10, 12, or 14 years.

   (2) If the victim of an offense described in subdivision (a) is a
minor who is 14 years of age or older, the defendant shall be
punished by imprisonment in the state prison for 7, 9, or 11 years.
   (3) This subdivision does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
  SEC. 6.  Section 286 of the Penal Code is amended to read:
   286.  (a) Sodomy is sexual conduct consisting of contact between
the penis of one person and the anus of another person. Any sexual
penetration, however slight, is sufficient to complete the crime of
sodomy.
   (b) (1) Except as provided in Section 288, any person who
participates in an act of sodomy with another person who is under 18
years of age shall be punished by imprisonment in the state prison,
or in a county jail for not more than one year.
   (2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sodomy with another person who
is under 16 years of age shall be guilty of a felony.
   (c) (1) Any person who participates in an act of sodomy with
another person who is under 14 years of age and more than 10 years
younger than he or she shall be punished by imprisonment in the state
prison for three, six, or eight years.
   (2) (A) Any person who commits an act of sodomy when the act is
accomplished against the victim's will by means of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person shall be punished by imprisonment in the
state prison for three, six, or eight years.
   (B) Any person who commits an act of sodomy with another person
who is under 14 years of age when the act is accomplished against the
victim's will by means of force, violence, duress, menace, or fear
of immediate and unlawful bodily injury on the victim or another
person shall be punished by imprisonment in the state prison for 9,
11, or 13 years.
   (C) Any person who commits an act of sodomy with another person
who is a minor 14 years of age or older when the act is accomplished
against the victim's will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person shall be punished by imprisonment in the state
prison for 7, 9, or 11 years.
   (D) This paragraph does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
   (3) Any person who commits an act of sodomy where the act is
accomplished against the victim's will by threatening to retaliate in
the future against the victim or any other person, and there is a
reasonable possibility that the perpetrator will execute the threat,
shall be punished by imprisonment in the state prison for three, six,
or eight years.
   (d) (1) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of sodomy when the act is accomplished against
the victim's will by means of force or fear of immediate and
unlawful bodily injury on the victim or another person or where the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
five, seven, or nine years.
   (2) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of sodomy upon a victim who is under 14 years
of age, when the act is accomplished against the victim's will by
means of force or fear of immediate and unlawful bodily injury on the
victim or another person, shall be punished by imprisonment in the
state prison for 10, 12, or 14 years.
   (3) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of sodomy upon a victim who is a minor 14
years of age or older, when the act is accomplished against the
victim's will by means of force or fear of immediate and unlawful
bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 7, 9, or 11 years.
   (4) This subdivision does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
   (e) Any person who participates in an act of sodomy with any
person of any age while confined in any state prison, as defined in
Section 4504, or in any local detention facility, as defined in
Section 6031.4, shall be punished by imprisonment in the state
prison, or in a county jail for not more than one year.
   (f) Any person who commits an act of sodomy, and the victim is at
the time unconscious of the nature of the act and this is known to
the person committing the act, shall be punished by imprisonment in
the state prison for three, six, or eight years. As used in this
subdivision, "unconscious of the nature of the act" means incapable
of resisting because the victim meets one of the following
conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
   (g) Except as provided in subdivision (h), a person who commits an
act of sodomy, and the victim is at the time incapable, because of a
mental disorder or developmental or physical disability, of giving
legal consent, and this is known or reasonably should be known to the
person committing the act, shall be punished by imprisonment in the
state prison for three, six, or eight years. Notwithstanding the
existence of a conservatorship pursuant to the Lanterman-Petris-Short
Act (Part 1 (commencing with Section 5000) of Division 5 of the
Welfare and Institutions Code), the prosecuting attorney shall prove,
as an element of the crime, that a mental disorder or developmental
or physical disability rendered the alleged victim incapable of
giving consent.
   (h) Any person who commits an act of sodomy, and the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, and both
the defendant and the victim are at the time confined in a state
hospital for the care and treatment of the mentally disordered or in
any other public or private facility for the care and treatment of
the mentally disordered approved by a county mental health director,
shall be punished by imprisonment in the state prison, or in a county
jail for not more than one year. Notwithstanding the existence of a
conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
   (i) Any person who commits an act of sodomy, where the victim is
prevented from resisting by an intoxicating or anesthetic substance,
or any controlled substance, and this condition was known, or
reasonably should have been known by the accused, shall be punished
by imprisonment in the state prison for three, six, or eight years.
   (j) Any person who commits an act of sodomy, where the victim
submits under the belief that the person committing the act is the
victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for three, six, or eight years.
   (k) Any person who commits an act of sodomy, where the act is
accomplished against the victim's will by threatening to use the
authority of a public official to incarcerate, arrest, or deport the
victim or another, and the victim has a reasonable belief that the
perpetrator is a public official, shall be punished by imprisonment
in the state prison for three, six, or eight years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   (l) As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or inflict extreme
pain, serious bodily injury, or death.
   (m) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23. The court, however,
shall take into consideration the defendant's ability to pay, and no
defendant shall be denied probation because of his or her inability
to pay the fine permitted under this subdivision.
  SEC. 7.  Section 288 of the Penal Code is amended to read:
   288.  (a) Except as provided in subdivision (i), any person who
willfully and lewdly commits any lewd or lascivious act, including
any of the acts constituting other crimes provided for in Part 1,
upon or with the body, or any part or member thereof, of a child who
is under the age of 14 years, with the intent of arousing, appealing
to, or gratifying the lust, passions, or sexual desires of that
person or the child, is guilty of a felony and shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (b) (1) Any person who commits an act described in subdivision (a)
by use of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person, is guilty of
a felony and shall be punished by imprisonment in the state prison
for 5, 8, or 10 years.
   (2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person by use of force, violence,
duress, menace, or fear of immediate and unlawful bodily injury on
the victim or another person, with the intent described in
subdivision (a), is guilty of a felony and shall be punished by
imprisonment in the state prison for 5, 8, or 10 years.
   (c) (1) Any person who commits an act described in subdivision (a)
with the intent described in that subdivision, and the victim is a
child of 14 or 15 years, and that person is at least 10 years older
than the child, is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year. In
determining whether the person is at least 10 years older than the
child, the difference in age shall be measured from the birth date of
the person to the birth date of the child.
   (2) Any person who is a caretaker and commits an act described in
subdivision (a) upon a dependent person, with the intent described in
subdivision (a), is guilty of a public offense and shall be punished
by imprisonment in the state prison for one, two, or three years, or
by imprisonment in a county jail for not more than one year.
   (d) In any arrest or prosecution under this section or Section
288.5, the peace officer, district attorney, and the court shall
consider the needs of the child victim or dependent person and shall
do whatever is necessary, within existing budgetary resources, and
constitutionally permissible to prevent psychological harm to the
child victim or to prevent psychological harm to the dependent person
victim resulting from participation in the court process.
   (e) Upon the conviction of any person for a violation of
subdivision (a) or (b), the court may, in addition to any other
penalty or fine imposed, order the defendant to pay an additional
fine not to exceed ten thousand dollars ($10,000). In setting the
amount of the fine, the court shall consider any relevant factors,
including, but not limited to, the seriousness and gravity of the
offense, the circumstances of its commission, whether the defendant
derived any economic gain as a result of the crime, and the extent to
which the victim suffered economic losses as a result of the crime.
Every fine imposed and collected under this section shall be
deposited in the Victim-Witness Assistance Fund to be available for
appropriation to fund child sexual exploitation and child sexual
abuse victim counseling centers and prevention programs pursuant to
Section 13837.
   If the court orders a fine imposed pursuant to this subdivision,
the actual administrative cost of collecting that fine, not to exceed
2 percent of the total amount paid, may be paid into the general
fund of the county treasury for the use and benefit of the county.
   (f) For purposes of paragraph (2) of subdivision (b) and paragraph
(2) of subdivision (c), the following definitions apply:
   (1) "Caretaker" means an owner, operator, administrator, employee,
independent contractor, agent, or volunteer of any of the following
public or private facilities when the facilities provide care for
elder or dependent persons:
   (A) Twenty-four hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
   (B) Clinics.
   (C) Home health agencies.
   (D) Adult day health care centers.
   (E) Secondary schools that serve dependent persons and
postsecondary educational institutions that serve dependent persons
or elders.
   (F) Sheltered workshops.
   (G) Camps.
   (H) Community care facilities, as defined by Section 1402 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.
   (I) Respite care facilities.
   (J) Foster homes.
   (K) Regional centers for persons with developmental disabilities.
   (L) A home health agency licensed in accordance with Chapter 8
(commencing with Section 1725) of Division 2 of the Health and Safety
Code.
   (M) An agency that supplies in-home supportive services.
   (N) Board and care facilities.
   (O) Any other protective or public assistance agency that provides
health services or social services to elder or dependent persons,
including, but not limited to, in-home supportive services, as
defined in Section 14005.14 of the Welfare and Institutions Code.
   (P) Private residences.
   (2) "Board and care facilities" means licensed or unlicensed
facilities that provide assistance with one or more of the following
activities:
   (A) Bathing.
   (B) Dressing.
   (C) Grooming.
   (D) Medication storage.
   (E) Medical dispensation.
   (F) Money management.
   (3) "Dependent person" means any person who has a physical or
mental impairment that substantially restricts his or her ability to
carry out normal activities or to protect his or her rights,
including, but not limited to, persons who have physical or
developmental disabilities or whose physical or mental abilities have
significantly diminished because of age. "Dependent person" includes
any person who is admitted as an inpatient to a 24-hour health
facility, as defined in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code.
   (g) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) apply to the owners, operators, administrators,
employees, independent contractors, agents, or volunteers working at
these public or private facilities and only to the extent that the
individuals personally commit, conspire, aid, abet, or facilitate any
act prohibited by paragraph (2) of subdivision (b) and paragraph (2)
of subdivision (c).
   (h) Paragraph (2) of subdivision (b) and paragraph (2) of
subdivision (c) do not apply to a caretaker who is a spouse of, or
who is in an equivalent domestic relationship with, the dependent
person under care.
   (i) (1) Any person convicted of a violation of subdivision (a)
shall be imprisoned in the state prison for life with the possibility
of parole if the defendant personally inflicted bodily harm upon the
victim.
   (2) The penalty provided in this subdivision shall only apply if
the fact that the defendant personally inflicted bodily harm upon the
victim is pled and proved.
   (3) As used in this subdivision, "bodily harm" means any
substantial physical injury resulting from the use of force that is
more than the force necessary to commit the offense.
  SEC. 8.  Section 288a of the Penal Code is amended to read:
   288a.  (a) Oral copulation is the act of copulating the mouth of
one person with the sexual organ or anus of another person.
   (b) (1) Except as provided in Section 288, any person who
participates in an act of oral copulation with another person who is
under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.
   (2) Except as provided in Section 288, any person over the age of
21 years who participates in an act of oral copulation with another
person who is under 16 years of age is guilty of a felony.
   (c) (1) Any person who participates in an act of oral copulation
with another person who is under 14 years of age and more than 10
years younger than he or she shall be punished by imprisonment in the
state prison for three, six, or eight years.
   (2) (A) Any person who commits an act of oral copulation when the
act is accomplished against the victim's will by means of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person shall be punished by
imprisonment in the state prison for three, six, or eight years.
   (B) Any person who commits an act of oral copulation upon a person
who is under 14 years of age, when the act is accomplished against
the victim's will by means of force, violence, duress, menace, or
fear of immediate and unlawful bodily injury on the victim or another
person, shall be punished by imprisonment in the state prison for 8,
10, or 12 years.
   (C) Any person who commits an act of oral copulation upon a minor
who is 14 years of age or older, when the act is accomplished against
the victim's will by means of force, violence, duress, menace, or
fear of immediate and unlawful bodily injury on the victim or another
person, shall be punished by imprisonment in the state prison for 6,
8, or 10 years.
   (D) This paragraph does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
   (3) Any person who commits an act of oral copulation where the act
is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (d) (1) Any person who, while voluntarily acting in concert with
another person, either personally or by aiding and abetting that
other person, commits an act of oral copulation (1) when the act is
accomplished against the victim's will by means of force or fear of
immediate and unlawful bodily injury on the victim or another person,
or (2) where the act is accomplished against the victim's will by
threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the
perpetrator will execute the threat, or (3) where the victim is at
the time incapable, because of a mental disorder or developmental or
physical disability, of giving legal consent, and this is known or
reasonably should be known to the person committing the act, shall be
punished by imprisonment in the state prison for five, seven, or
nine years. Notwithstanding the appointment of a conservator with
respect to the victim pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime described under
paragraph (3), that a mental disorder or developmental or physical
disability rendered the alleged victim incapable of giving legal
consent.
   (2) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of oral copulation upon a victim who is under
14 years of age, when the act is accomplished against the victim's
will by means of force or fear of immediate and unlawful bodily
injury on the victim or another
       person, shall be punished by imprisonment in the state prison
for 10, 12, or 14 years.
   (3) Any person who, while voluntarily acting in concert with
another person, either personally or aiding and abetting that other
person, commits an act of oral copulation upon a victim who is a
minor 14 years of age or older, when the act is accomplished against
the victim's will by means of force or fear of immediate and unlawful
bodily injury on the victim or another person, shall be punished by
imprisonment in the state prison for 8, 10, or 12 years.
   (4) This paragraph does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
   (e) Any person who participates in an act of oral copulation while
confined in any state prison, as defined in Section 4504 or in any
local detention facility as defined in Section 6031.4, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year.
   (f) Any person who commits an act of oral copulation, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years. As used in this subdivision, "unconscious of the nature of
the act" means incapable of resisting because the victim meets one of
the following conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the oral copulation served a
professional purpose when it served no professional purpose.
   (g) Except as provided in subdivision (h), any person who commits
an act of oral copulation, and the victim is at the time incapable,
because of a mental disorder or developmental or physical disability,
of giving legal consent, and this is known or reasonably should be
known to the person committing the act, shall be punished by
imprisonment in the state prison, for three, six, or eight years.
Notwithstanding the existence of a conservatorship pursuant to the
provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5 of the Welfare and Institutions Code),
the prosecuting attorney shall prove, as an element of the crime,
that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving consent.
   (h) Any person who commits an act of oral copulation, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act, and both the defendant and the victim are at the time
confined in a state hospital for the care and treatment of the
mentally disordered or in any other public or private facility for
the care and treatment of the mentally disordered approved by a
county mental health director, shall be punished by imprisonment in
the state prison, or in a county jail for a period of not more than
one year. Notwithstanding the existence of a conservatorship pursuant
to the provisions of the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code), the prosecuting attorney shall prove, as an
element of the crime, that a mental disorder or developmental or
physical disability rendered the alleged victim incapable of giving
legal consent.
   (i) Any person who commits an act of oral copulation, where the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
   (j) Any person who commits an act of oral copulation, where the
victim submits under the belief that the person committing the act is
the victim's spouse, and this belief is induced by any artifice,
pretense, or concealment practiced by the accused, with intent to
induce the belief, shall be punished by imprisonment in the state
prison for a period of three, six, or eight years.
   (k) Any person who commits an act of oral copulation, where the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   (l) As used in subdivisions (c) and (d), "threatening to retaliate"
means a threat to kidnap or falsely imprison, or to inflict extreme
pain, serious bodily injury, or death.
   (m) In addition to any punishment imposed under this section, the
judge may assess a fine not to exceed seventy dollars ($70) against
any person who violates this section, with the proceeds of this fine
to be used in accordance with Section 1463.23. The court shall,
however, take into consideration the defendant's ability to pay, and
no defendant shall be denied probation because of his or her
inability to pay the fine permitted under this subdivision.
  SEC. 9.  Section 289 of the Penal Code is amended to read:
   289.  (a) (1) (A) Any person who commits an act of sexual
penetration when the act is accomplished against the victim's will by
means of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person shall be
punished by imprisonment in the state prison for three, six, or eight
years.
   (B) Any person who commits an act of sexual penetration upon a
child who is under 14 years of age, when the act is accomplished
against the victim's will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person, shall be punished by imprisonment in the state
prison for 8, 10, or 12 years.
   (C) Any person who commits an act of sexual penetration upon a
minor who is 14 years of age or older, when the act is accomplished
against the victim's will by means of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person, shall be punished by imprisonment in the state
prison for 6, 8, or 10 years.
   (D) This paragraph does not preclude prosecution under Section
269, Section 288.7, or any other provision of law.
   (2) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to
retaliate in the future against the victim or any other person, and
there is a reasonable possibility that the perpetrator will execute
the threat, shall be punished by imprisonment in the state prison for
three, six, or eight years.
   (b) Except as provided in subdivision (c), any person who commits
an act of sexual penetration, and the victim is at the time
incapable, because of a mental disorder or developmental or physical
disability, of giving legal consent, and this is known or reasonably
should be known to the person committing the act or causing the act
to be committed, shall be punished by imprisonment in the state
prison for three, six, or eight years. Notwithstanding the
appointment of a conservator with respect to the victim pursuant to
the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing
with Section 5000) of Division 5 of the Welfare and Institutions
Code), the prosecuting attorney shall prove, as an element of the
crime, that a mental disorder or developmental or physical disability
rendered the alleged victim incapable of giving legal consent.
   (c) Any person who commits an act of sexual penetration, and the
victim is at the time incapable, because of a mental disorder or
developmental or physical disability, of giving legal consent, and
this is known or reasonably should be known to the person committing
the act or causing the act to be committed and both the defendant and
the victim are at the time confined in a state hospital for the care
and treatment of the mentally disordered or in any other public or
private facility for the care and treatment of the mentally
disordered approved by a county mental health director, shall be
punished by imprisonment in the state prison, or in a county jail for
a period of not more than one year. Notwithstanding the existence of
a conservatorship pursuant to the provisions of the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting
attorney shall prove, as an element of the crime, that a mental
disorder or developmental or physical disability rendered the alleged
victim incapable of giving legal consent.
   (d) Any person who commits an act of sexual penetration, and the
victim is at the time unconscious of the nature of the act and this
is known to the person committing the act or causing the act to be
committed, shall be punished by imprisonment in the state prison for
three, six, or eight years. As used in this subdivision, "unconscious
of the nature of the act" means incapable of resisting because the
victim meets one of the following conditions:
   (1) Was unconscious or asleep.
   (2) Was not aware, knowing, perceiving, or cognizant that the act
occurred.
   (3) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's fraud
in fact.
   (4) Was not aware, knowing, perceiving, or cognizant of the
essential characteristics of the act due to the perpetrator's
fraudulent representation that the sexual penetration served a
professional purpose when it served no professional purpose.
   (e) Any person who commits an act of sexual penetration when the
victim is prevented from resisting by any intoxicating or anesthetic
substance, or any controlled substance, and this condition was known,
or reasonably should have been known by the accused, shall be
punished by imprisonment in the state prison for a period of three,
six, or eight years.
   (f) Any person who commits an act of sexual penetration when the
victim submits under the belief that the person committing the act or
causing the act to be committed is the victim's spouse, and this
belief is induced by any artifice, pretense, or concealment practiced
by the accused, with intent to induce the belief, shall be punished
by imprisonment in the state prison for a period of three, six, or
eight years.
   (g) Any person who commits an act of sexual penetration when the
act is accomplished against the victim's will by threatening to use
the authority of a public official to incarcerate, arrest, or deport
the victim or another, and the victim has a reasonable belief that
the perpetrator is a public official, shall be punished by
imprisonment in the state prison for a period of three, six, or eight
years.
   As used in this subdivision, "public official" means a person
employed by a governmental agency who has the authority, as part of
that position, to incarcerate, arrest, or deport another. The
perpetrator does not actually have to be a public official.
   (h) Except as provided in Section 288, any person who participates
in an act of sexual penetration with another person who is under 18
years of age shall be punished by imprisonment in the state prison or
in the county jail for a period of not more than one year.
   (i) Except as provided in Section 288, any person over the age of
21 years who participates in an act of sexual penetration with
another person who is under 16 years of age shall be guilty of a
felony.
   (j) Any person who participates in an act of sexual penetration
with another person who is under 14 years of age and who is more than
10 years younger than he or she shall be punished by imprisonment in
the state prison for three, six, or eight years.
   (k) As used in this section:
   (1) "Sexual penetration" is the act of causing the penetration,
however slight, of the genital or anal opening of any person or
causing another person to so penetrate the defendant's or another
person's genital or anal opening for the purpose of sexual arousal,
gratification, or abuse by any foreign object, substance, instrument,
or device, or by any unknown object.
   (2) "Foreign object, substance, instrument, or device" shall
include any part of the body, except a sexual organ.
   (3) "Unknown object" shall include any foreign object, substance,
instrument, or device, or any part of the body, including a penis,
when it is not known whether penetration was by a penis or by a
foreign object, substance, instrument, or device, or by any other
part of the body.
   (l) As used in subdivision (a), "threatening to retaliate" means a
threat to kidnap or falsely imprison, or inflict extreme pain,
serious bodily injury or death.
   (m) As used in this section, "victim" includes any person who the
defendant causes to penetrate the genital or anal opening of the
defendant or another person or whose genital or anal opening is
caused to be penetrated by the defendant or another person and who
otherwise qualifies as a victim under the requirements of this
section.
  SEC. 10.  Section 290.04 of the Penal Code is amended to read:
   290.04.  (a) (1) The sex offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each population, as the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not
been selected for a given population pursuant to this section, no
duty to administer the SARATSO elsewhere in this code shall apply
with respect to that population. Every person required to register as
a sex offender shall be subject to assessment with the SARATSO as
set forth in this section and elsewhere in this code.
   (2) A representative of the Department of Corrections and
Rehabilitation, in consultation with a representative of the State
Department of Mental Health and a representative of the Attorney
General's office, shall comprise the SARATSO Review Committee. The
purpose of the committee, which shall be staffed by the Department of
Corrections and Rehabilitation, shall be to ensure that the SARATSO
reflects the most reliable, objective and well-established protocols
for predicting sex offender risk of recidivism, has been
scientifically validated and cross validated, and is, or is
reasonably likely to be, widely accepted by the courts. The committee
shall consult with experts in the fields of risk assessment and the
use of actuarial instruments in predicting sex offender risk, sex
offending, sex offender treatment, mental health, and law, as it
deems appropriate.
   (b) (1) Commencing January 1, 2007, the SARATSO for adult males
required to register as sex offenders shall be the STATIC-99 risk
assessment scale, which shall be the SARATSO static tool for adult
males.
   (2) On or before January 1, 2008, the SARATSO Review Committee
shall determine whether the STATIC-99 should be supplemented with an
actuarial instrument that measures dynamic risk factors or whether
the STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool. On or before January 1, 2012, the SARATSO Review
Committee shall select an actuarial instrument that measures dynamic
risk factors and an actuarial instrument that measures risk of future
sexual violence. The selected instruments shall be the SARATSO
dynamic tool for adult males and the SARATSO future violence tool for
adult males. If the committee unanimously agrees on changes to be
made to a designated SARATSO, it shall advise the Governor and the
Legislature of the changes, and the Department of Corrections and
Rehabilitation shall post the decision on its Internet Web site.
Sixty days after the decision is posted, the selected tool shall
become the SARATSO for adult males.
   (c) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for adult females required to register
as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for adult
females.
   (d) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for male juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for male
juveniles.
   (e) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for female juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for female
juveniles.
   (f) The committee shall periodically evaluate the SARATSO static,
dynamic, and risk of future violence tools for each specified
population. If the committee unanimously agrees on a change to the
SARATSO for any population, it shall advise the Governor and the
Legislature of the selected tool, and the Department of Corrections
and Rehabilitation shall post the decision on its Internet Web site.
Sixty days after the decision is posted, the selected tool shall
become the SARATSO for that population.
   (g) The committee shall perform other functions consistent with
the provisions of this act or as may be otherwise required by law,
including, but not limited to, defining tiers of risk based on the
SARATSO. The committee shall be immune from liability for good faith
conduct under this act.
  SEC. 11.  Section 290.05 of the Penal Code is amended to read:
   290.05.  (a) The SARATSO Training Committee shall be comprised of
a representative of the State Department of Mental Health, a
representative of the Department of Corrections and Rehabilitation, a
representative of the Attorney General's Office, and a
representative of the Chief Probation Officers of California.
   (b) On or before January 1, 2008, the SARATSO Training Committee,
in consultation with the Corrections Standards Authority and the
Commission on Peace Officer Standards and Training, shall develop a
training program for persons authorized by this code to administer
the static SARATSO, as set forth in Section 290.04.
   (c) (1) The Department of Corrections and Rehabilitation shall be
responsible for overseeing the training of persons who will
administer the static SARATSO pursuant to paragraph (1) or (2) of
subdivision (a) of Section 290.06.
   (2) The State Department of Mental Health shall be responsible for
overseeing the training of persons who will administer the static
SARATSO pursuant to paragraph (3) of subdivision (a) of Section
290.06.
   (3) The Correction Standards Authority shall be responsible for
developing standards for the training of persons who will administer
the static SARATSO pursuant to paragraph (5) or (6) of subdivision
(a) of Section 290.06.
   (4) The Commission on Peace Officer Standards and Training shall
be responsible for developing standards for the training of persons
who will administer the static SARATSO pursuant to subdivision (b) of
Section 290.06.
   (d) The training shall be conducted by experts in the field of
risk assessment and the use of actuarial instruments in predicting
sex offender risk. Subject to requirements established by the
committee, the Department of Corrections and Rehabilitation, the
State Department of Mental Health, probation departments, and
authorized local law enforcement agencies shall designate key persons
within their organizations to attend training and, as authorized by
the department, to train others within their organizations designated
to perform risk assessments as required or authorized by law. Any
person who administers the static SARATSO shall receive training no
less frequently than every two years.
   (e) If the agency responsible for scoring the static SARATSO
believes an individual score does not represent the person's true
risk level, based on factors in the offender's record, the agency may
submit the case to the experts retained by the SARATSO Review
Committee to monitor the scoring of the SARATSO. Those experts shall
be guided by empirical research in determining whether to raise or
lower the risk level. Agencies that score the static SARATSO shall
develop a protocol for submission of risk level override requests to
the experts retained in accordance with this subdivision.
   (f) The static SARATSO may be performed for purposes authorized by
statute only by persons trained pursuant to this section. Persons
who administer the dynamic SARATSO and the future violence SARATSO
while under contract to provide sex offender management programs,
pursuant to Section 290.09, shall be trained to administer the
dynamic and future violence SARATSO tools as required in Section
290.09. Probation officers or parole agents may be trained by SARATSO
experts on the dynamic SARATSO tool and perform assessments on that
tool only if authorized by the SARATSO Training Committee to do so
after successful completion of training.
  SEC. 12.  Section 290.06 of the Penal Code is amended to read:
   290.06.  Effective on or before July 1, 2008, the static SARATSO,
as set forth in Section 290.04, shall be administered as follows:
   (a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
   (2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
   (3) The State Department of Mental Health shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
   (4) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of Mental Health shall send
the scores obtained in accordance with paragraphs (2) and (3)
respectively, to the Department of Justice Sex Offender Tracking
Program not later than 30 days after the date of the assessment. The
risk assessment score of an offender shall be made part of his or her
file maintained by the Department of Justice Sex Offender Tracking
Program as soon as possible without financial impact, but no later
than January 1, 2012.
   (5) Each probation department shall, prior to sentencing, assess
every person who would be referred for assessment pursuant to
subdivision (d) of Section 1203, whether or not a report is prepared
pursuant to Section 1203.
   (6) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (5).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
   (b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
   (1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
   (2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
   (c) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to Section 290 and who is eligible for
assessment, pursuant to the official Coding Rules designated for use
with the risk assessment instrument by the author of any risk
assessment instrument (SARATSO) selected by the SARATSO Review
Committee.
   (d) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
                                                           SEC. 12.5.
  Section 290.06 of the Penal Code is amended to read:
   290.06.  The static SARATSO, as set forth in Section 290.04, shall
be administered as follows:
   (a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
   (2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
   (3) The department shall assess every person on parole transferred
from any other state or by the federal government to this state who
has been, or is hereafter convicted in any other court, including any
state, federal, or military court, of any offense that, if committed
or attempted in this state, would have been punishable as one or
more of the offenses described in subdivision (c) of Section 290. The
assessment required by this paragraph shall occur no later than 60
days after a determination by the Department of Justice that the
person is required to register as a sex offender in California
pursuant to Section 290.005.
   (4) The State Department of Mental Health shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
   (5) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of Mental Health shall send
the scores obtained in accordance with paragraphs (2), (3), and (4)
to the Department of Justice Sex Offender Tracking Program not later
than 30 days after the date of the assessment. The risk assessment
score of an offender shall be made part of his or her file maintained
by the Department of Justice Sex Offender Tracking Program as soon
as possible without financial impact, but no later than January 1,
2012.
   (6) Each probation department shall, prior to sentencing, assess
every eligible person as defined in subdivision (c), whether or not a
report is prepared pursuant to Section 1203.
   (7) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (6).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
   (b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
   (1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
   (2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
   (c) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to the Sex Offender Registration Act and
who is eligible for assessment, pursuant to the official Coding Rules
designated for use with the risk assessment instrument by the author
of any risk assessment instrument (SARATSO) selected by the SARATSO
Review Committee.
   (d) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
  SEC. 13.  Section 290.09 is added to the Penal Code, to read:
   290.09.  On or before July 2012, the SARATSO dynamic tool and the
SARATSO future violence tool, as set forth in Section 290.04, shall
be administered as follows:
   (a) (1) Every sex offender required to register pursuant to
Sections 290 to 290.023, inclusive, shall, while on parole or formal
supervised probation, participate in an approved sex offender
management program, pursuant to Sections 1203.067 and 3008.
   (2) The sex offender management program shall meet the
certification requirements developed by the California Sex Offender
Management Board pursuant to Section 9003. Probation departments and
the Department of Corrections and Rehabilitation shall enter into
contracts with certified sex offender management professionals to
provide those programs. Probation departments and the Department of
Corrections and Rehabilitation shall not employ or contract with, and
shall not allow a sex offender to employ or contract with, any
individual or entity to provide sex offender evaluation or treatment
services pursuant to this section unless the sex offender evaluation
or treatment services to be provided by the individual or entity
conforms with the standards developed pursuant to Section 9003.
   (b) (1) The sex offender management professionals certified by the
California Sex Offender Management Board in accordance with Section
9003 who enter into the contracts for sex offender management
programs with any probation department and the Department of
Corrections and Rehabilitation, pursuant to Section 290.09, shall
assess each registered sex offender on formal supervised probation or
parole using the SARATSO dynamic tool, when a dynamic risk factor
changes, and shall do a final dynamic assessment within six months of
the offender's release from supervision. The management professional
shall also assess the sex offenders in the program with the SARATSO
future violence tool.
   (2) The certified sex offender management professional shall, as
soon as possible but not later than 30 days after the assessment,
provide the person's score on the SARATSO dynamic tool and the future
violence tool to the person's parole agent or probation officer.
Within five working days of receipt of the score, the parole or
probation officer shall send the score to the Department of Justice,
and the score shall be accessible to law enforcement through the
Department of Justice's Internet Web site for the California Sex and
Arson Registry (CSAR).
   (c) The certified sex offender management professional shall
communicate with the offender's probation officer or parole agent on
a regular basis, but at least once a month, about the offender's
progress in the program and dynamic risk assessment issues, and shall
share pertinent information with the certified polygraph examiner as
required.
   (d) The SARATSO Training Committee shall provide annual training
on the SARATSO dynamic tool and the SARATSO future violence tool.
Certified sex offender management professionals shall attend this
training once to obtain authorization to perform the assessments, and
thereafter attend training updates as required by the SARATSO
Training Committee. If a sex offender management professional is
certified pursuant to Section 9003 to conduct an approved sex
offender management program prior to attending SARATSO training on
the dynamic and violent risk assessment tools, he or she shall
present to the SARATSO Training Committee proof of training on these
tools from a risk assessment expert approved by the SARATSO Training
Committee.
  SEC. 14.  Section 290.46 of the Penal Code is amended to read:
   290.46.  (a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in this
section. The department shall update the Internet Web site on an
ongoing basis. All information identifying the victim by name, birth
date, address, or relationship to the registrant shall be excluded
from the Internet Web site. The name or address of the person's
employer and the listed person's criminal history other than the
specific crimes for which the person is required to register shall
not be included on the Internet Web site. The Internet Web site shall
be translated into languages other than English as determined by the
department.
   (2) (A) On or before July 1, 2010, the Department of Justice shall
make available to the public, via an Internet Web site as specified
in this section, as to any person described in subdivision (b), (c),
or (d), the following information:
   (i) The year of conviction of his or her most recent offense
requiring registration pursuant to Section 290.
   (ii) The year he or she was released from incarceration for that
offense.
   (iii) Whether he or she was subsequently incarcerated for any
other felony, if that fact is reported to the department. If the
department has no information about a subsequent incarceration for
any felony, that fact shall be noted on the Internet Web site.
   However, no year of conviction shall be made available to the
public unless the department also is able to make available the
corresponding year of release of incarceration for that offense, and
the required notation regarding any subsequent felony.
   (B) (i) Any state facility that releases from incarceration a
person who was incarcerated because of a crime for which he or she is
required to register as a sex offender pursuant to Section 290
shall, within 30 days of release, provide the year of release for his
or her most recent offense requiring registration to the Department
of Justice in a manner and format approved by the department.
   (ii) Any state facility that releases a person who is required to
register pursuant to Section 290 from incarceration whose
incarceration was for a felony committed subsequently to the offense
for which he or she is required to register shall, within 30 days of
release, advise the Department of Justice of that fact.
   (iii) Any state facility that, prior to January 1, 2007, released
from incarceration a person who was incarcerated because of a crime
for which he or she is required to register as a sex offender
pursuant to Section 290 shall provide the year of release for his or
her most recent offense requiring registration to the Department of
Justice in a manner and format approved by the department. The
information provided by the Department of Corrections and
Rehabilitation shall be limited to information that is currently
maintained in an electronic format.
   (iv) Any state facility that, prior to January 1, 2007, released a
person who is required to register pursuant to Section 290 from
incarceration whose incarceration was for a felony committed
subsequently to the offense for which he or she is required to
register shall advise the Department of Justice of that fact in a
manner and format approved by the department. The information
provided by the Department of Corrections and Rehabilitation shall be
limited to information that is currently maintained in an electronic
format.
   (3) The State Department of Mental Health shall provide to the
Department of Justice Sex Offender Tracking Program the names of all
persons committed to its custody pursuant to Article 4 (commencing
with Section 6600) of Chapter 2 of Part 2 of Division 6 of the
Welfare and Institutions Code, within 30 days of commitment, and
shall provide the names of all of those persons released from its
custody within five working days of release.
   (b) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, paragraph (2),
the Department of Justice shall make available to the public via the
Internet Web site his or her name and known aliases, a photograph, a
physical description, including gender and race, date of birth,
criminal history, prior adjudication as a sexually violent predator,
the address at which the person resides, and any other information
that the Department of Justice deems relevant, but not the
information excluded pursuant to subdivision (a). On or before
January 1, 2013, the department shall make available to the public
via the Internet Web site his or her static SARATSO score and
information on an elevated risk level based on the SARATSO future
violence tool.
   (2) This subdivision shall apply to the following offenses and
offenders:
   (A) Section 187 committed in the perpetration, or an attempt to
perpetrate, rape or any act punishable under Section 286, 288, 288a,
or 289.
   (B) Section 207 committed with intent to violate Section 261, 286,
288, 288a, or 289.
   (C) Section 209 committed with intent to violate Section 261, 286,
288, 288a, or 289.
   (D) Paragraph (2) or (6) of subdivision (a) of Section 261.
   (E) Section 264.1.
   (F) Section 269.
   (G) Subdivision (c) or (d) of Section 286.
   (H) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.
   (I) Subdivision (c) or (d) of Section 288a.
   (J) Section 288.3, provided that the offense is a felony.
   (K) Section 288.4, provided that the offense is a felony.
   (L) Section 288.5.
   (M) Subdivision (a) or (j) of Section 289.
   (N) Section 288.7.
   (O) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code.
   (P) A felony violation of Section 311.1.
   (Q) A felony violation of subdivision (b), (c), or (d) of Section
311.2.
   (R) A felony violation of Section 311.3.
   (S) A felony violation of subdivision (a), (b), or (c) of Section
311.4.
   (T) Section 311.10.
   (U) A felony violation of Section 311.11.
   (c) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in paragraph (2), the Department of
Justice shall make available to the public via the Internet Web site
his or her name and known aliases, a photograph, a physical
description, including gender and race, date of birth, criminal
history, the community of residence and ZIP Code in which the person
resides or the county in which the person is registered as a
transient, and any other information that the Department of Justice
deems relevant, but not the information excluded pursuant to
subdivision (a). On or before July 1, 2006, the Department of Justice
shall determine whether any person convicted of an offense listed in
paragraph (2) also has one or more prior or subsequent convictions
of an offense listed in subdivision (c) of Section 290, and, for
those persons, the Department of Justice shall make available to the
public via the Internet Web site the address at which the person
resides. However, the address at which the person resides shall not
be disclosed until a determination is made that the person is, by
virtue of his or her additional prior or subsequent conviction of an
offense listed in subdivision (c) of Section 290, subject to this
subdivision.
   (2) This subdivision shall apply to the following offenses:
   (A) Section 220, except assault to commit mayhem.
   (B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
   (C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286.
   (D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a.
   (E) Subdivision (b), (d), (e), or (i) of Section 289.
   (d) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, the community of residence and ZIP Code
in which the person resides or the county in which the person is
registered as a transient, and any other information that the
Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a) or the address at which the
person resides.
   (2) This subdivision shall apply to the following offenses and
offenders:
   (A) Subdivision (a) of Section 243.4, provided that the offense is
a felony.
   (B) Section 266, provided that the offense is a felony.
   (C) Section 266c, provided that the offense is a felony.
   (D) Section 266j.
   (E) Section 267.
   (F) Subdivision (c) of Section 288, provided that the offense is a
misdemeanor.
   (G) Section 288.3, provided that the offense is a misdemeanor.
   (H) Section 288.4, provided that the offense is a misdemeanor.
   (I) Section 626.81.
   (J) Section 647.6.
   (K) Section 653c.
   (L) Any person required to register pursuant to Section 290 based
upon an out-of-state conviction, unless that person is excluded from
the Internet Web site pursuant to subdivision (e). However, if the
Department of Justice has determined that the out-of-state crime, if
committed or attempted in this state, would have been punishable in
this state as a crime described in subdivision (c) of Section 290,
the person shall be placed on the Internet Web site as provided in
subdivision (b) or (c), as applicable to the crime.
   (e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision, and he or she has been convicted of no other offense
listed in subdivision (b), (c), or (d) other than those listed in
this subdivision, that person may file an application with the
Department of Justice, on a form approved by the department, for
exclusion from the Internet Web site. If the department determines
that the person meets the requirements of this subdivision, the
department shall grant the exclusion and no information concerning
the person shall be made available via the Internet Web site
described in this section. He or she bears the burden of proving the
facts that make him or her eligible for exclusion from the Internet
Web site. However, a person who has filed for or been granted an
exclusion from the Internet Web site is not relieved of his or her
duty to register as a sex offender pursuant to Section 290 nor from
any otherwise applicable provision of law.
   (2) This subdivision shall apply to the following offenses:
   (A) A felony violation of subdivision (a) of Section 243.4.
   (B) Section 647.6, if the offense is a misdemeanor.
   (C) A felony violation of Section 311.1, subdivision (b), (c), or
(d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if
the person submits to the department a certified copy of a probation
report filed in court that clearly states that all victims involved
in the commission of the offense were at least 16 years of age or
older at the time of the commission of the offense.
   (D) (i) An offense for which the offender successfully completed
probation, provided that the offender submits to the department a
certified copy of a probation report, presentencing report, report
prepared pursuant to Section 288.1, or other official court document
that clearly demonstrates that the offender was the victim's parent,
stepparent, sibling, or grandparent and that the crime did not
involve either oral copulation or penetration of the vagina or rectum
of either the victim or the offender by the penis of the other or by
any foreign object.
   (ii) An offense for which the offender is on probation at the time
of his or her application, provided that the offender submits to the
department a certified copy of a probation report, presentencing
report, report prepared pursuant to Section 288.1, or other official
court document that clearly demonstrates that the offender was the
victim's parent, stepparent, sibling, or grandparent and that the
crime did not involve either oral copulation or penetration of the
vagina or rectum of either the victim or the offender by the penis of
the other or by any foreign object.
   (iii) If, subsequent to his or her application, the offender
commits a violation of probation resulting in his or her
incarceration in county jail or state prison, his or her exclusion,
or application for exclusion, from the Internet Web site shall be
terminated.
   (iv) For the purposes of this subparagraph, "successfully
completed probation" means that during the period of probation the
offender neither received additional county jail or state prison time
for a violation of probation nor was convicted of another offense
resulting in a sentence to county jail or state prison.
   (3) If the department determines that a person who was granted an
exclusion under a former version of this subdivision would not
qualify for an exclusion under the current version of this
subdivision, the department shall rescind the exclusion, make a
reasonable effort to provide notification to the person that the
exclusion has been rescinded, and, no sooner than 30 days after
notification is attempted, make information about the offender
available to the public on the Internet Web site as provided in this
section.
   (4) Effective January 1, 2012, no person shall be excluded
pursuant to this subdivision unless the offender has submitted to the
department documentation sufficient for the department to determine
that he or she has a SARATSO risk level of low or moderate-low.
   (f) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission or attempted commission of an offense specified in
subdivision (b), (c), or (d), that on or before July 1, 2005, the
department is required to make information about specified sex
offenders available to the public via an Internet Web site as
specified in this section. The Department of Justice shall also make
a reasonable effort to provide notice that some offenders are
eligible to apply for exclusion from the Internet Web site.
   (g) (1) A designated law enforcement entity, as defined in
subdivision (f) of Section 290.45, may make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in paragraph
(2).
   (2) The law enforcement entity may make available by way of an
Internet Web site the information described in subdivision (c) if it
determines that the public disclosure of the information about a
specific offender by way of the entity's Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.
   (3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision (b)
of Section 290.45. However, that offender's address may not be
disclosed unless he or she is a person whose address is on the
Department of Justice's Internet Web site pursuant to subdivision (b)
or (c).
   (h) For purposes of this section, "offense" includes the statutory
predecessors of that offense, or any offense committed in another
jurisdiction that, if committed or attempted to be committed in this
state, would have been punishable in this state as an offense listed
in subdivision (c) of Section 290.
   (i) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver of
exemptions under Chapter 3.5 (commencing with Section 6250) of Title
1 of Division 7 of the Government Code and does not affect other
statutory restrictions on disclosure in other situations.
   (j) (1) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than ten
thousand dollars ($10,000) and not more than fifty thousand dollars
($50,000).
   (2) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
   (k) Any person who is required to register pursuant to Section 290
who enters an Internet Web site established pursuant to this section
shall be punished by a fine not exceeding one thousand dollars
($1,000), imprisonment in a county jail for a period not to exceed
six months, or by both that fine and imprisonment.
   (l) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
   (2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
   (A) Health insurance.
   (B) Insurance.
   (C) Loans.
   (D) Credit.
   (E) Employment.
   (F) Education, scholarships, or fellowships.
   (G) Housing or accommodations.
   (H) Benefits, privileges, or services provided by any business
establishment.
   (3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2
of the Financial Code, Sections 1522.01 and 1596.871 of the Health
and Safety Code, and Section 432.7 of the Labor Code.
   (4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than
       two hundred fifty dollars ($250), and attorney's fees,
exemplary damages, or a civil penalty not exceeding twenty-five
thousand dollars ($25,000).
   (B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information available via an Internet Web site established
pursuant to this section in violation of paragraph (2), the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse is authorized to bring a civil action in the
appropriate court requesting preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures
that may be available to an aggrieved party under other provisions of
law, including Part 2 (commencing with Section 43) of Division 1 of
the Civil Code.
   (m) The public notification provisions of this section are
applicable to every person described in this section, without regard
to when his or her crimes were committed or his or her duty to
register pursuant to Section 290 arose, and to every offense
described in this section, regardless of when it was committed.
   (n) A designated law enforcement entity and its employees shall be
immune from liability for good faith conduct under this section.
   (o) The Attorney General, in collaboration with local law
enforcement and others knowledgeable about sex offenders, shall
develop strategies to assist members of the public in understanding
and using publicly available information about registered sex
offenders to further public safety. These strategies may include, but
are not limited to, a hotline for community inquiries, neighborhood
and business guidelines for how to respond to information posted on
this Internet Web site, and any other resource that promotes public
education about these offenders.
  SEC. 15.  Section 666 of the Penal Code is amended to read:
   666.  (a) Notwithstanding Section 490, every person who, having
been convicted three or more times of petty theft, grand theft, auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496 and having served a
term therefor in any penal institution or having been imprisoned
therein as a condition of probation for that offense, is subsequently
convicted of petty theft, then the person convicted of that
subsequent offense is punishable by imprisonment in the county jail
not exceeding one year, or in the state prison.
   (b) Notwithstanding Section 490, any person described in paragraph
(1) who, having been convicted of petty theft, grand theft, auto
theft under Section 10851 of the Vehicle Code, burglary, carjacking,
robbery, or a felony violation of Section 496, and having served a
term of imprisonment therefor in any penal institution or having been
imprisoned therein as a condition of probation for that offense, who
is subsequently convicted of petty theft, is punishable by
imprisonment in the county jail not exceeding one year, or in the
state prison.
   (1) This subdivision shall apply to any person who is required to
register pursuant to the Sex Offender Registration Act, or who has a
prior violent or serious felony conviction, as specified in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
   (2) This subdivision shall not be construed to preclude
prosecution or punishment pursuant to subdivisions (b) to (i),
inclusive, of Section 667, or Section 1170.12.
  SEC. 16.  Section 667.61 of the Penal Code is amended to read:
   667.61.  (a) Except as provided in subdivision (j), (l), or (m),
any person who is convicted of an offense specified in subdivision
(c) under one or more of the circumstances specified in subdivision
(d) or under two or more of the circumstances specified in
subdivision (e) shall be punished by imprisonment in the state prison
for 25 years to life.
   (b) Except as provided in subdivision (a), (j), (l), or (m), any
person who is convicted of an offense specified in subdivision (c)
under one of the circumstances specified in subdivision (e) shall be
punished by imprisonment in the state prison for 15 years to life.
   (c) This section shall apply to any of the following offenses:
   (1) Rape, in violation of paragraph (2) or (6) of subdivision (a)
of Section 261.
   (2) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Lewd or lascivious act, in violation of subdivision (b) of
Section 288.
   (5) Sexual penetration, in violation of subdivision (a) of Section
289.
   (6) Sodomy, in violation of paragraph (2) or (3) of subdivision
(c), or subdivision (d), of Section 286.
   (7) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288a.
   (8) Lewd or lascivious act, in violation of subdivision (a) of
Section 288.
   (9) Continuous sexual abuse of a child, in violation of Section
288.5.
   (d) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) The defendant has been previously convicted of an offense
specified in subdivision (c), including an offense committed in
another jurisdiction that includes all of the elements of an offense
specified in subdivision (c).
   (2) The defendant kidnapped the victim of the present offense and
the movement of the victim substantially increased the risk of harm
to the victim over and above that level of risk necessarily inherent
in the underlying offense in subdivision (c).
   (3) The defendant inflicted aggravated mayhem or torture on the
victim or another person in the commission of the present offense in
violation of Section 205 or 206.
   (4) The defendant committed the present offense during the
commission of a burglary of the first degree, as defined in
subdivision (a) of Section 460, with intent to commit an offense
specified in subdivision (c).
   (5) The defendant committed the present offense in violation of
Section 264.1, subdivision (d) of Section 286, or subdivision (d) of
Section 288a, and, in the commission of that offense, any person
committed any act described in paragraph (2), (3), or (4) of this
subdivision.
   (6) The defendant personally inflicted great bodily injury on the
victim or another person in the commission of the present offense in
violation of Section 12022.53, 12022.7, or 12022.8.
   (7) The defendant personally inflicted bodily harm on the victim
who was under 14 years of age.
   (e) The following circumstances shall apply to the offenses
specified in subdivision (c):
   (1) Except as provided in paragraph (2) of subdivision (d), the
defendant kidnapped the victim of the present offense in violation of
Section 207, 209, or 209.5.
   (2) Except as provided in paragraph (4) of subdivision (d), the
defendant committed the present offense during the commission of a
burglary in violation of Section 459.
   (3) The defendant personally used a dangerous or deadly weapon or
a firearm in the commission of the present offense in violation of
Section 12022, 12022.3, 12022.5, or 12022.53.
   (4) The defendant has been convicted in the present case or cases
of committing an offense specified in subdivision (c) against more
than one victim.
   (5) The defendant engaged in the tying or binding of the victim or
another person in the commission of the present offense.
   (6) The defendant administered a controlled substance to the
victim in the commission of the present offense in violation of
Section 12022.75.
   (7) The defendant committed the present offense in violation of
Section 264.1, subdivision (d) of Section 286, or subdivision (d) of
Section 288a, and, in the commission of that offense, any person
committed any act described in paragraph (1), (2), (3), (5), or (6)
of this subdivision.
   (f) If only the minimum number of circumstances specified in
subdivision (d) or (e) that are required for the punishment provided
in subdivision (a), (b), (j), (l), or (m) to apply have been pled and
proved, that circumstance or those circumstances shall be used as
the basis for imposing the term provided in subdivision (a), (b),
(j), (l), or (m) whichever is greater, rather than being used to
impose the punishment authorized under any other provision of law,
unless another provision of law provides for a greater penalty or the
punishment under another provision of law can be imposed in addition
to the punishment provided by this section. However, if any
additional circumstance or circumstances specified in subdivision (d)
or (e) have been pled and proved, the minimum number of
circumstances shall be used as the basis for imposing the term
provided in subdivision (a), (j), or (l) and any other additional
circumstance or circumstances shall be used to impose any punishment
or enhancement authorized under any other provision of law.
   (g) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike any allegation, admission, or finding of
any of the circumstances specified in subdivision (d) or (e) for any
person who is subject to punishment under this section.
   (h) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person who is subject to punishment under this
section.
   (i) For any offense specified in paragraphs (1) to (7), inclusive,
of subdivision (c), or in paragraphs (1) to (6), inclusive, of
subdivision (n), the court shall impose a consecutive sentence for
each offense that results in a conviction under this section if the
crimes involve separate victims or involve the same victim on
separate occasions as defined in subdivision (d) of Section 667.6.
   (j) (1) Any person who is convicted of an offense specified in
subdivision (c), with the exception of a violation of subdivision (a)
of Section 288, upon a victim who is a child under 14 years of age
under one or more of the circumstances specified in subdivision (d)
or under two or more of the circumstances specified in subdivision
(e), shall be punished by imprisonment in the state prison for life
without the possibility of parole. Where the person was under 18
years of age at the time of the offense, the person shall be punished
by imprisonment in the state prison for 25 years to life.
   (2) Any person who is convicted of an offense specified in
subdivision (c) under one of the circumstances specified in
subdivision (e), upon a victim who is a child under 14 years of age,
shall be punished by imprisonment in the state prison for 25 years to
life.
   (k) As used in this section, "bodily harm" means any substantial
physical injury resulting from the use of force that is more than the
force necessary to commit an offense specified in subdivision (c).
   (l) Any person who is convicted of an offense specified in
subdivision (n) under one or more of the circumstances specified in
subdivision (d) or under two or more of the circumstances specified
in subdivision (e), upon a victim who is a minor 14 years of age or
older shall be punished by imprisonment in the state prison for life
without the possibility of parole. If the person who was convicted
was under 18 years of age at the time of the offense, he or she shall
be punished by imprisonment in the state prison for 25 years to
life.
   (m) Any person who is convicted of an offense specified in
subdivision (n) under one of the circumstances specified in
subdivision (e) against a minor 14 years of age or older shall be
punished by imprisonment in the state prison for 25 years to life.
   (n) Subdivisions (l) and (m) shall apply to any of the following
offenses:
   (1) Rape, in violation of paragraph (2) of subdivision (a) of
Section 261.
   (2) Spousal rape, in violation of paragraph (1) of subdivision (a)
of Section 262.
   (3) Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
   (4) Sexual penetration, in violation of paragraph (1) of
subdivision (a) of Section 289.
   (5) Sodomy, in violation of paragraph (2) of subdivision (c) of
Section 286, or in violation of subdivision (d) of Section 286.
   (6) Oral copulation, in violation of paragraph (2) of subdivision
(c) of Section 288a, or in violation of subdivision (d) of Section
288a.
   (o) The penalties provided in this section shall apply only if the
existence of any circumstance specified in subdivision (d) or (e) is
alleged in the accusatory pleading pursuant to this section, and is
either admitted by the defendant in open court or found to be true by
the trier of fact.
  SEC. 17.  Section 1203.067 of the Penal Code is amended to read:
   1203.067.  (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for
probation, the court shall do all of the following:
   (1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
   (2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
   (3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
   (b) On or after July 1, 2012, the terms of probation for persons
placed on formal supervised probation for an offense that requires
registration pursuant to Sections 290 to 290.023, inclusive, shall
include all of the following:
   (1) Persons placed on formal supervised probation prior to July 1,
2012, shall participate in an approved sex offender management
program, following the standards developed pursuant to Section 9003,
for a period of not less than one year or the remaining term of
probation if it is less than one year. The length of the period in
the program is to be determined by the certified sex offender
management professional in consultation with the probation officer
and as approved by the court.
   (2) Persons placed on formal supervised probation on or after July
1, 2012, shall successfully complete a sex offender management
program, following the standards developed pursuant to Section 9003,
as a condition of release from probation. The length of the period in
the program shall be not less than one year, up to the entire period
of probation, as determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court.
   (3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
   (4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising probation officer, pursuant to Section 290.09.
   (c) Any defendant ordered to be placed in an approved sex offender
management program pursuant to subdivision (b) shall be responsible
for paying the expense of his or her participation in the program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
  SEC. 18.  Section 2962 of the Penal Code is amended to read:
   2962.  As a condition of parole, a prisoner who meets the
following criteria shall be required to be treated by the State
Department of Mental Health, and the State Department of Mental
Health shall provide the necessary treatment:
   (a) The prisoner has a severe mental disorder that is not in
remission or cannot be kept in remission without treatment.
   The term "severe mental disorder" means an illness or disease or
condition that substantially impairs the person's thought, perception
of reality, emotional process, or judgment; or which grossly impairs
behavior; or that demonstrates evidence of an acute brain syndrome
for which prompt remission, in the absence of treatment, is unlikely.
The term "severe mental disorder" as used in this section does not
include a personality or adjustment disorder, epilepsy, mental
retardation or other developmental disabilities, or addiction to or
abuse of intoxicating substances.
   The term "remission" means a finding that the overt signs and
symptoms of the severe mental disorder are controlled either by
psychotropic medication or psychosocial support. A person "cannot be
kept in remission without treatment" if during the year prior to the
question being before the Board of Prison Terms or a trial court, he
or she has been in remission and he or she has been physically
violent, except in self-defense, or he or she has made a serious
threat of substantial physical harm upon the person of another so as
to cause the target of the threat to reasonably fear for his or her
safety or the safety of his or her immediate family, or he or she has
intentionally caused property damage, or he or she has not
voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be
whether the person has acted as a reasonable person would in
following the treatment plan.
   (b) The severe mental disorder was one of the causes of or was an
aggravating factor in the commission of a crime for which the
prisoner was sentenced to prison.
   (c) The prisoner has been in treatment for the severe mental
disorder for 90 days or more within the year prior to the prisoner's
parole or release.
   (d) (1) Prior to release on parole, the person in charge of
treating the prisoner and a practicing psychiatrist or psychologist
from the State Department of Mental Health have evaluated the
prisoner at a facility of the Department of Corrections, and a chief
psychiatrist of the Department of Corrections has certified to the
Board of Prison Terms that the prisoner has a severe mental disorder,
that the disorder is not in remission, or cannot be kept in
remission without treatment, that the severe mental disorder was one
of the causes or was an aggravating factor in the prisoner's criminal
behavior, that the prisoner has been in treatment for the severe
mental disorder for 90 days or more within the year prior to his or
her parole release day, and that by reason of his or her severe
mental disorder the prisoner represents a substantial danger of
physical harm to others. For prisoners being treated by the State
Department of Mental Health pursuant to Section 2684, the
certification shall be by a chief psychiatrist of the Department of
Corrections, and the evaluation shall be done at a state hospital by
the person at the state hospital in charge of treating the prisoner
and a practicing psychiatrist or psychologist from the Department of
Corrections.
   (2) If the professionals doing the evaluation pursuant to
paragraph (1) do not concur that (A) the prisoner has a severe mental
disorder, (B) that the disorder is not in remission or cannot be
kept in remission without treatment, or (C) that the severe mental
disorder was a cause of, or aggravated, the prisoner's criminal
behavior, and a chief psychiatrist has certified the prisoner to the
Board of Prison Terms pursuant to this paragraph, then the Board of
Prison Terms shall order a further examination by two independent
professionals, as provided for in Section 2978.
   (3) If at least one of the independent professionals who evaluate
the prisoner pursuant to paragraph (2) concurs with the chief
psychiatrist's certification of the issues described in paragraph
(2), this subdivision shall be applicable to the prisoner. The
professionals appointed pursuant to Section 2978 shall inform the
prisoner that the purpose of their examination is not treatment but
to determine if the prisoner meets certain criteria to be
involuntarily treated as a mentally disordered offender. It is not
required that the prisoner appreciate or understand that information.

   (e) The crime referred to in subdivision (b) meets both of the
following criteria:
   (1) The defendant received a determinate sentence pursuant to
Section 1170 for the crime.
   (2) The crime is one of the following:
   (A) Voluntary manslaughter.
   (B) Mayhem.
   (C) Kidnapping in violation of Section 207.
   (D) Any robbery wherein it was charged and proved that the
defendant personally used a deadly or dangerous weapon, as provided
in subdivision (b) of Section 12022, in the commission of that
robbery.
   (E) Carjacking, as defined in subdivision (a) of Section 215, if
it is charged and proved that the defendant personally used a deadly
or dangerous weapon, as provided in subdivision (b) of Section 12022,
in the commission of the carjacking.
   (F) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (G) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (H) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (I) Lewd acts on a child under the age of 14 years in violation of
Section 288.
   (J) Continuous sexual abuse in violation of Section 288.5.
   (K) The offense described in subdivision (a) of Section 289 where
the act was accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (L) Arson in violation of subdivision (a) of Section 451, or arson
in violation of any other provision of Section 451 or in violation
of Section 455 where the act posed a substantial danger of physical
harm to others.
   (M) Any felony in which the defendant used a firearm which use was
charged and proved as provided in Section 12022.5, 12022.53, or
12022.55.
   (N) A violation of Section 12308.
   (O) Attempted murder.
   (P) A crime not enumerated in subparagraphs (A) to (O), inclusive,
in which the prisoner used force or violence, or caused serious
bodily injury as defined in paragraph (4) of subdivision (f) of
Section 243.
   (Q) A crime in which the perpetrator expressly or impliedly
threatened another with the use of force or violence likely to
produce substantial physical harm in such a manner that a reasonable
person would believe and expect that the force or violence would be
used. For purposes of this subparagraph, substantial physical harm
shall not require proof that the threatened act was likely to cause
great or serious bodily injury.
   (f) As used in this chapter, "substantial danger of physical harm"
does not require proof of a recent overt act.
  SEC. 19.  Section 3000 of the Penal Code is amended to read:
   3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to
provide for the effective supervision of and surveillance of
parolees, including the judicious use of revocation actions, and to
provide educational, vocational, family and personal counseling
necessary to assist parolees in the transition between imprisonment
and discharge. A sentence pursuant to Section 1168 or 1170 shall
include a period of parole, unless waived, or as otherwise provided
in this article.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections and Rehabilitation for parole functions for which the
department is responsible. It is also not the intent of this section
to diminish the resources allocated to the Board of Parole Hearings
to execute its duties with respect to parole functions for which the
board is responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4) The parole period of any person found to be a sexually violent
predator shall be tolled until that person is found to no longer be
a sexually violent predator, at which time the period of parole, or
any remaining portion thereof, shall begin to run.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department. This subdivision shall
also be applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (2) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931 or
2933, if applicable, the inmate shall be released on parole for a
period not exceeding three years, except that any inmate sentenced
for an offense specified in paragraph (3), (4), (5), (6), (11), or
(18) of subdivision (c) of Section 667.5 shall be released on parole
for a period not exceeding 10 years, unless a longer period of parole
is specified in Section 3000.1.
   (3) Notwithstanding paragraphs (1) and (2), in the case of any
offense for which the inmate has received a life sentence pursuant to
subdivision (b) of Section 209, with the intent to commit a
specified sex offense, or Section 667.51, 667.61, or 667.71, the
period of parole shall be 10 years, unless a longer period of parole
is specified in Section 3000.1.
   (4) (A) Notwithstanding paragraphs (1) to (3), inclusive, in the
case of a person convicted of and required to register as a sex
offender for the commission of an offense specified in Section 261,
262, 264.1, 286, 288a, paragraph (1) of
             subdivision (b) of Section 288, Section 288.5, or 289,
in which one or more of the victims of the offense was a child under
14 years of age, the period of parole shall be 20 years unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of this determination
and transmit a copy of it to the parolee.
    (B) In the event of a retention on parole, the parolee shall be
entitled to a review by the board each year thereafter.
   (C) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole, and notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
   (D) The provisions of Section 3042 shall not apply to any hearing
held pursuant to this subdivision.
   (5) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

   (6) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), (3), or (4), as the case may be, whichever is
earlier, the inmate shall be discharged from custody. The date of the
maximum statutory period of parole under this subdivision and
paragraphs (1), (2), (3), and (4) shall be computed from the date of
initial parole and shall be a period chronologically determined. Time
during which parole is suspended because the prisoner has absconded
or has been returned to custody as a parole violator shall not be
credited toward any period of parole unless the prisoner is found not
guilty of the parole violation. However, the period of parole is
subject to the following:
   (A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision
or in custody for a period longer than four years from the date of
his or her initial parole.
   (B) Except as provided in Section 3064, in no case may a prisoner
subject to five years on parole be retained under parole supervision
or in custody for a period longer than seven years from the date of
his or her initial parole.
   (C) Except as provided in Section 3064, in no case may a prisoner
subject to 10 years on parole be retained under parole supervision or
in custody for a period longer than 15 years from the date of his or
her initial parole.
   (7) The Department of Corrections and Rehabilitation shall meet
with each inmate at least 30 days prior to his or her good time
release date and shall provide, under guidelines specified by the
parole authority, the conditions of parole and the length of parole
up to the maximum period of time provided by law. The inmate has the
right to reconsideration of the length of parole and conditions
thereof by the parole authority. The Department of Corrections and
Rehabilitation or the Board of Parole Hearings may impose as a
condition of parole that a prisoner make payments on the prisoner's
outstanding restitution fines or orders imposed pursuant to
subdivision (a) or (c) of Section 13967 of the Government Code, as
operative prior to September 28, 1994, or subdivision (b) or (f) of
Section 1202.4.
   (8) For purposes of this chapter, the Board of Parole Hearings
shall be considered the parole authority.
   (9) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Parole Hearings, except for any escaped state prisoner or any
state prisoner released prior to his or her scheduled release date
who should be returned to custody, and Section 3060 shall apply.
   (10) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to Section 290.011 who are on
parole to engage them in treatment.
  SEC. 20.  Section 3000.1 of the Penal Code is amended to read:
   3000.1.  (a) (1) In the case of any inmate sentenced under Section
1168 for any offense of first or second degree murder with a maximum
term of life imprisonment, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
   (2) Notwithstanding any other provision of law, in the case of any
inmate sentenced to a life term under subdivision (b) of Section
209, if that offense was committed with the intent to commit a
specified sexual offense, Sections 269 and 288.7, subdivision (c) of
Section 667.51, Section 667.71 in which one or more of the victims of
the offense was a child under 14 years of age, or subdivision (j),
(l), or (m) of Section 667.61, the period of parole, if parole is
granted, shall be the remainder of the inmate's life.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph (1) of subdivision (a) has been released on
parole from the state prison, and has been on parole continuously for
seven years in the case of any person imprisoned for first degree
murder, and five years in the case of any person imprisoned for
second degree murder, since release from confinement, the board
shall, within 30 days, discharge that person from parole, unless the
board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination
and transmit a copy of it to the parolee.
   (c) In the event of a retention on parole pursuant to subdivision
(b), the parolee shall be entitled to a review by the board each year
thereafter.
   (d) There shall be a hearing as provided in Sections 3041.5 and
3041.7 within 12 months of the date of any revocation of parole to
consider the release of the inmate on parole and, notwithstanding the
provisions of paragraph (2) of subdivision (b) of Section 3041.5,
there shall be annual parole consideration hearings thereafter,
unless the person is released or otherwise ineligible for parole
release. The panel or board shall release the person within one year
of the date of the revocation unless it determines that the
circumstances and gravity of the parole violation are such that
consideration of the public safety requires a more lengthy period of
incarceration or unless there is a new prison commitment following a
conviction.
   (e)  The provisions of Section 3042 shall not apply to any hearing
held pursuant to this section.
  SEC. 21.  Section 3008 of the Penal Code is amended to read:
   3008.  (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing sex crimes, as
determined by the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO), as set forth in Sections 290.04 to 290.06,
inclusive, are placed on intensive and specialized parole supervision
and are required to report frequently to designated parole officers.
The department may place any other parolee convicted of an offense
that requires him or her to register as a sex offender pursuant to
Section 290 who is on active supervision on intensive and specialized
supervision and require him or her to report frequently to
designated parole officers.
   (b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.
   (c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a high
risk to the public of committing a sex crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.
   (d)  On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, shall include all of the
following:
   (1) Persons placed on parole prior to July 1, 2012, shall
participate in an approved sex offender management program, following
the standards developed pursuant to Section 9003, for a period of
not less than one year or the remaining term of parole if it is less
than one year. The length of the period in the program is to be
determined by the certified sex offender management professional in
consultation with the parole officer and as approved by the court.
   (2) Persons placed on parole on or after July 1, 2012, shall
successfully complete a sex offender management program, following
the standards developed pursuant to Section 9003, as a condition of
parole. The length of the period in the program shall be not less
than one year, up to the entire period of parole, as determined by
the certified sex offender management professional in consultation
with the parole officer and as approved by the court.
   (3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
   (4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising parole officer, pursuant to Section 290.09.
   (e) Any defendant ordered to be placed in an approved sex offender
management treatment program pursuant to subdivision (d) shall be
responsible for paying the expense of his or her participation in the
program as determined by the court. The court shall take into
consideration the ability of the defendant to pay, and no defendant
shall be denied discharge onto parole because of his or her inability
to pay.
  SEC. 22.  Section 3053.8 is added to the Penal Code, to read:
   3053.8.  (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment for any of the offenses specified in subdivision (b) in
which one or more of the victims was under 14 years of age, and for
which registration is required pursuant to the Sex Offender
Registration Act, it shall be a condition of parole that the person
may not, during his or her period of parole, enter any park where
children regularly gather without the express permission of his or
her parole agent.
   (b) Subdivision (a) shall apply to persons released on parole
after having served a term of imprisonment for an offense specified
in Section 261, 262, 264.1, 269, 286, 288a, paragraph (1) of
subdivision (b) of Section 288, 288.5, 288.7, 289, subdivision (c) of
Section 667.51, subdivision (j), (k), or (l) of Section 667.61, or
667.71.
  SEC. 23.  Section 9003 is added to the Penal Code, to read:
   9003.  (a) On or before July 1, 2011, the board shall develop and
update standards for certification of sex offender management
professionals. All those professionals who enter into contracts with
a probation department or the Department of Corrections and
Rehabilitation to provide sex offender management programs and risk
assessments, pursuant to Section 290.09, shall be certified by the
board according to these standards. The standards shall be published
on the board's Internet Web site. Professionals may apply to the
board for certification on or after August 1, 2011.
   (1) (A) The board shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of all sex offender management applicants, as defined by
subdivision (a), for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also information as to the existence
and content of a record of state arrests or federal arrests for which
the Department of Justice establishes that the person is free on
bail or on his or her own recognizance pending trial or appeal.
   (B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the board.
   (C) The Department of Justice shall provide a state and federal
response to the board pursuant to paragraph (1) of subdivision (l) of
Section 11105.
   (D) The board shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
   (2) The board shall require any person who applies for
certification under this section to submit information relevant to
the applicant's fitness to provide sex offender management services.
   (3) The board shall assess a fee to the applicant not to exceed
one hundred eighty dollars ($180) per application. The board shall
pay a fee to the Department of Justice sufficient to cover the cost
of processing the criminal background request specified in this
section.
   (b) On or before July 1, 2011, the board shall develop and update
standards for certification of sex offender management programs,
which shall include treatment, as specified, and dynamic and future
violence risk assessments pursuant to Section 290.09. The standards
shall be published on the board's Internet Web site. All those
programs shall include polygraph examinations by a certified
polygraph examiner, which shall be conducted as needed during the
period that the offender is in the sex offender management program.
Only certified sex offender management professionals whose programs
meet the standards set by the board are eligible to enter into
contracts with probation and parole to provide sex offender
management programs pursuant to Section 290.09.
   (c) On or before July 1, 2011, the board shall develop and update
standards for certification of polygraph examiners. The standards
shall be published on the board's Internet Web site.
  SEC. 24.  Section 13887 of the Penal Code is amended to read:
   13887.  (a) Any county may establish and implement a sexual
assault felony enforcement (SAFE) team program pursuant to the
provisions of this chapter.
   (b) The Legislature finds and declares that identifying and
developing reliable and sustainable funding for SAFE teams
established by this chapter, including those established in rural and
regional areas, is critical for reducing sexual assaults in
California.
  SEC. 25.  Section 18846.3 of the Revenue and Taxation Code is
amended to read:
   18846.3.  (a) (1) By September 1, 2006, and by September 1 of each
subsequent calendar year that the California Sexual Violence Victim
Services Fund appears on a tax return, the Franchise Tax Board shall
do all of the following:
   (A) Determine the minimum contribution amount required to be
received during the next calendar year for the fund to appear on the
tax return for the taxable year that includes that next calendar
year.
   (B) Provide written notification to the California Coalition
Against Sexual Assault of the amount determined in subparagraph (A).
   (C) Determine whether the amount of contributions estimated to be
received during the calendar year will equal or exceed the minimum
contribution amount determined by the Franchise Tax Board for the
calendar year pursuant to subparagraph (A). The Franchise Tax Board
shall estimate the amount of contributions to be received by using
the actual amounts received and an estimate of the contributions that
will be received by the end of that calendar year.
   (2) If the Franchise Tax Board determines that the amount of
contributions estimated to be received during a calendar year will
not at least equal the minimum contribution amount for the calendar
year, this article is repealed with respect to taxable years
beginning on or after January 1 of that calendar year.
   (3) For purposes of this section, the minimum contribution amount
for a calendar year means two hundred fifty thousand dollars
($250,000) for the 2007 calendar year or the adjusted minimum
contribution amount adjusted pursuant to subdivision (b).
   (b) For each calendar year, beginning with the 2008 calendar year,
the Franchise Tax Board shall adjust, on or before September 1 of
that calendar year, the minimum contribution amount specified in
subdivision (a) as follows:
   (1) The minimum contribution amount for the calendar year shall be
an amount equal to the product of the minimum contribution amount
for the prior calendar year multiplied by the inflation factor
adjustment as specified in paragraph (2) of subdivision (h) of
Section 17041, rounded off to the nearest dollar.
   (2) The inflation factor adjustment used for the calendar year
shall be based on the figures for the percentage change in the
California Consumer Price Index received on or before August 1 of the
calendar year pursuant to paragraph (1) of subdivision (h) of
Section 17041.
  SEC. 26.  Section 12.5 of this bill incorporates amendments to
Section 290.06 of the Penal Code proposed by both this bill and SB
1201. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2011, but this bill
becomes operative first, (2) each bill amends Section 290.06 of the
Penal Code, and (3) this bill is enacted after SB 1201, in which case
Section 290.06 of the Penal Code, as amended by Section 12 of this
bill, shall remain operative only until the operative date of SB
1201, at which time Section 12.5 of this bill shall become operative.

  SEC. 27.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.
  SEC. 28.  The provisions of this act are severable. If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 29.  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:
   In order to ensure the public safety, it is necessary that this
act take effect immediately.