BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 325| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 325 Page 2 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.) SB 325 Page 3 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, SB 325 Page 4 (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: SB 325 Page 5 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 SB 325 Page 6 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. SB 325 Page 7 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 SB 325 Page 8 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 **** END ****