BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 325
          Author:   Alquist (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/21/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  8-0, 5/11/09
          AYES:  Kehoe, Cox, Corbett, DeSaulnier, Leno, Walters,  
            Wolk, Yee
          NO VOTE RECORDED:  Denham, Hancock, Oropeza, Runner, Wyland


           SUBJECT  :    Sex offenders:  risk assessments

           SOURCE  :     SARATSO Review Committee


           DIGEST  :    This bill makes the following revisions to the  
          State-Authorized Risk Assessment Tool for Sex Offenders  
          (SARATSO) law:  (1) provides for individuated reviews where  
          a SARATSO scoring agency believes an individual score is  
          too high or too low, as specified, (2) clarifies that sex  
          offender parolees are to be assessed only if they have not  
          been assessed previously, as specified, (3) requires the  
          Department of Mental Health (DMH) to record in a database  
          risk assessment scores, including any submitted by a  
          probation officer, as specified, (4) requires that  
          beginning on January 1, 2010, the Department of Corrections  
          and Rehabilitation and DMH send assessment scores to the  
                                                           CONTINUED





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          Department of Justice (DOJ) Sex Offender Tracking Program  
          within 30 days of the assessment, and that the risk  
          assessment score of an offender be made part of his/her  
          file maintained by the DOJ Sex Offender Tracking Program as  
          soon as possible without financial impact, but no later  
          than January 1, 2012, (5) establishes a process for risk  
          assessing registered sex offenders who previously have not  
          been assessed, as specified, (6) broadens the definition of  
          sex offenders eligible for risk assessment, as specified,  
          (7) provides immunity for persons who perform authorized  
          risk assessments in good faith, as specified, (8) expands  
          the existing records access by the SARATSO Review Committee  
          to experts it retains, as specified, (9) clarifies that  
          probation reports include SARATSO results for persons  
          recommended for sex offender registration by a probation  
          officer, as specified, and (10) authorizes the use of an  
          appropriate SARATSO instrument for juvenile sex offenders  
          where probation recommends commitment to the Division of  
          Juvenile Justice, as specified.

           ANALYSIS  :    Current law generally authorizes the use of a  
          SARATSO pursuant to the legislative finding that "a  
          comprehensive system of risk assessment, supervision,  
          monitoring and containment for registered sex offenders  
          residing in California communities is necessary to enhance  
          public safety and reduce the risk of recidivism posed by  
          these offenders."  (Section 290.03 and 290.04 of the Penal  
          Code)

          Current law establishes a "SARATSO Review Committee,"  
          comprised of a representative of the DMH, in consultation  
          with a representative of the Department of Corrections and  
          Rehabilitation (CDCR) and a representative of the Attorney  
          General's office.  (Section 290.04(a)(2) of the Penal Code)  
           The purpose of the SARATSO Review Committee is 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."  (Id.)







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          Current law establishes the "SARATSO Training Committee,"  
          comprised of a representative of DMH, a representative of  
          CDCR, a representative of the Attorney General's Office, a  
          representative of the Chief Probation Officers of  
          California, and generally tasked with the development of a  
          training program for the administration of the SARATSO, as  
          specified.  (Section 290.05 of the Penal Code)

          This bill establishes an individuated override process for  
          SARATSO scoring, providing that, if "the agency responsible  
          for scoring the 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 SARATSO shall develop a protocol  
          for submission of risk level override requests to the  
          experts retained in accordance with this subdivision."
           
          Current law provides a schedule for the assessment of sex  
          offenders using SARATSO, as specified.  (Section 290.06 of  
          the Penal Code)

          Current law requires CDCR to assess every eligible person  
          on parole, as specified.  (Section 290.06(a)(2) of the  
          Penal Code)

          This bill revises this provision to apply only if the  
          person was not assessed prior to release from state prison.
           
          Current law requires DMH to assess every eligible person  
          committed to that department, as specified.  (Section  
          290.06(a)(3) of the Penal Code)

          This bill requires DMH to "record in a database the risk  
          assessment scores of persons assessed ?, and any risk  
          assessment score that was submitted to the department by a  
          probation officer," as specified, and make technical  
          corrections to clarify that this provision applies to DMH.

          This bill requires that, "(c)ommencing January 1, 2010,  







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          (CDCR) and (DMH) shall send the scores obtained (as  
          specified), 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."

          Current law provides, "if a person required to be assessed  
          ?  was assessed ? within the previous five years, a  
          reassessment is permissible but not required."  (Section  
          290.06(b) of the Penal Code)

          Current law requires the SARATSO Review Committee, in  
          consultation with local law enforcement agencies, to  
          establish a plan and a schedule for assessing eligible  
          persons not assessed, as specified.  "The plan shall  
          provide for adult males to be assessed on or before January  
          1, 2012, and for females and juveniles to be assessed on or  
          before January 1, 2013, and it shall give priority to  
          assessing those persons most recently convicted of an  
          offense requiring registration as a sex offender.  On or  
          before January 15, 2008, the committee shall introduce  
          legislation to implement the plan."  (Section 290.06(c) of  
          the Penal Code)

          This bill deletes these provisions, and provides the  
          following with respect to assessing persons eligible for  
          assessment who have not been assessed under SARATSO:

          1. Upon request of the law enforcement agency in the  
             jurisdiction in which the person is registered as a sex  
             offender, as specified, the person shall be assessed.   
             The law enforcement agency would be authorized to enter  
             into a memorandum of understanding with a probation  
             department to perform the assessment, or may arrange to  
             have personnel trained to perform the risk assessment,  
             as specified.

          2. Eligible persons not assessed upon request of the  
             registering law enforcement agency may request that a  
             risk assessment be performed, as follows:








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             A.    A request form shall be available at registering  
                law enforcement agencies.

             B.    The person requesting the assessment shall pay a  
                fee for the assessment that shall be sufficient to  
                cover the cost of the assessment.

             C.    The risk assessment so requested shall be  
                performed either by the probation department or by  
                trained personnel, as specified.  

          Current law provides that "eligible person" in this context  
          "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 has not been assessed with the  
          SARATSO within the previous five years."  (Section  
          290.06(c) of the Penal Code)

          This bill strikes the italicized language above and replace  
          it with, "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."
           
          This bill provides that "(p)ersons 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."

          Current law grants access by any person authorized by  
          statute to administer SARATSO to all relevant records  
          pertaining to a registered sex offender, as specified.   
          (Section 290.07 of the Penal Code)

          This bill expressly includes within this provision "any  
          person acting under authority from the SARATSO Review  
          Committee as an expert to train, monitor, or review scoring  
          by persons who administer the SARATSO pursuant to Section  
          290.05 or 1203 of this code or Section 706 of the Welfare  
          and Institutions Code, ?"

          Current law generally requires probation officers to  







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          investigate and report to the court upon the circumstances  
          surrounding the crime, the prior history and record of the  
          person, which may be considered either in aggravation or  
          mitigation of the punishment for persons convicted of a  
          felony and eligible for probation.  (Section 1203 of the  
          Penal Code)

          Current law generally requires that these reports include  
          the results of the SARATSO assessment conducted on the  
          person, as specified.  (Section 1203(b)(2)(c) of the Penal  
          Code)

          This bill revises this language technically to ensure it  
          applies to persons for whom probation could recommend sex  
          offender registration, as specified.

          Current law provides that after finding that a minor is  
          delinquent, as specified, "the court shall hear evidence on  
          the question of the proper disposition to be made of the  
          minor.  The court shall receive in evidence the social  
          study of the minor made by the probation officer and any  
          other relevant and material evidence that may be offered,  
          including any written or oral statement offered by the  
          victim, the parent or guardian of the victim if the victim  
          is a minor, or if the victim has died or is incapacitated,  
          the victim's next of kin, (as specified).  In any judgment  
          and order of disposition, the court shall state that the  
          social study made by the probation officer has been read  
          and that the social study and any statement has been  
          considered by the court."  (Section 706 of the Welfare and  
          Institutions Code)

          This bill provides in addition that, "if the probation  
          officer has recommended that the minor be transferred to  
          (CDCR), Division of Juvenile Justice pursuant to an  
          adjudication for an offense requiring him or her to  
          register as a sex offender (as specified), the (applicable)  
          SARATSO ? shall be used to assess the minor, and the court  
          shall receive that risk assessment score into evidence."
           
            Prior Legislation  

          SB 1253 (Alquist), 2007-08 Session, passed the Senate  with  
          a vote of 39-0 on August 19, 2008, but was vetoed.   







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          However, the veto was accompanied by a standard message  
          relating to the late budget which the Governor used for a  
          number of bills, and did not on its face indicate any  
          substantive concerns about the bill.  Specifically, the  
          veto message stated:  

            "I am returning Senate Bill 1253 without my signature.  

            "The historic delay in passing the 2008-2009 State Budget  
            has forced me to prioritize the bills sent to my desk at  
            the end of the year's legislative session.  Given the  
            delay, I am only signing bills that are the highest  
            priority for California.  This bill does not meet that  
            standard and I cannot sign it at this time."

          SB 1128 (Alquist), Chapter 337, Statutes of 2006.

           FISCAL EFFECT :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  5/12/09)

          SARATSO Review Committee (source)
          Chief Probation Officers of California
          Crime Victims United of California
          Los Angeles District Attorney's Office
          Peace Officers Research Association of California


           ARGUMENTS IN SUPPORT :    The author states:

            "Current law requires the state and local governments to  
            assess the risk of all registered sex offenders prior to  
            sentencing, upon release from prison or jail and while  
            living anywhere within the state of California.  In order  
            for the state risk assessment committee to ensure that  
            these assessments are reliable, SB 325 provides that the  
            State Authorized Risk Assessment review Committee  
            (SARATSO) will monitor the consistency and quality of  
            risk assessments, and retain experts to train those who  
            will oversee the training of persons who will perform the  
            risk assessments. 

            "The bill also gives the SARATSO Training Committee the  







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            authority to arrange for experts to monitor scoring and  
            answer questions from the field about scoring, and to  
            ensure scores are empirically based and legally  
            defensible.  Since legal challenges to risk assessments  
            are already being litigated in the California courts, it  
            is imperative these changes be made to existing law. 

            "SB 325 sets up the proper checks and balances to ensure  
            that the law mandating the monitoring of high risk sex  
            offenders on intensive caseloads, places the GPS  
            monitoring systems on high risk offenders.  By ensuring  
            these procedures are in place we can depend on the  
            reliability of the risk assessment and defend against any  
            legal challenges." 
           

          RJG:mw  5/12/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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