BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 325
                                                                  Page 1

          Date of Hearing:   June 16, 2009
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                Juan Arambula, Chair

                    SB 325 (Alquist) - As Amended:  June 11, 2009
           
           
           SUMMARY  :   Provides additional protocol for an agency  
          administering the State-Authorized Risk Assessment Tool for Sex  
          Offenders (SARATSO) and believing that a score does not  
          represent the person's true risk level to submit the case to  
          experts, as specified, for possible override.  Specifically,  
           this bill  :   

          1)Provides that if the agency responsible for scoring the  
            SARATSO believes an individual's 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. 

          2)Requires the experts, as specified, 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 provisions of law, as  
            specified. 

          3)Clarifies that the California Department of Corrections and  
            Rehabilitation (CDCR) assess every eligible person who is on  
            parole if the person was not assessed prior to release from  
            state prison. 

          4)Mandates CDCR and Department of Mental Health (DMH) record in  
            a database the risk assessment scores of persons assessed, as  
            specified, and any risk assessment score that was submitted to  
            CDCR by a probation officer, as required in existing law.

          5)Provides that beginning January 1, 2010, CDCR and DMH shall  
            send the risk assessment scores to the Department of Justice  
            (DOJ) Sex Offender Tracking Program not later than 30 days  
            after the date of the assessment.  The risk assessment score  








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            of an offender shall be made part of his or her file  
            maintained by DOJ's Offender Tracking Program as soon as  
            possible without financial impact, but no later than January  
            1, 2012.

          6)Provides that eligible persons not assessed by CDCR while  
            incarcerated may be assessed as follows:

             a)   A person may be assessed upon request of the law  
               enforcement agency in the jurisdiction in which the person  
               is required to register as a sex offender.  The law  
               enforcement agency may enter into a memorandum of  
               understanding (MOU) 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 existing law. 

             b)   Eligible persons not assessed 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 MOU 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 existing law.

          7)State that for purposes relating to administering the SARATSO,  
            an "eligible person" is defined as a registered sex offender  
            eligible for assessment pursuant to the official Coding Rules  
            designated for use with the risk assessment instrument by the  
            author of any SARATSO selected by the Review Committee, as  
            specified. 

          8)Eliminates from the definition of "eligible person" an  
            offender who has not been assessed within the previous five  
            years. 

          9)Provides that persons authorized to perform risk assessments  
            pursuant to existing law shall be immune from liability for  
            good-faith conduct, as specified. 

          10)Requires persons acting under authority from the SARATSO  
            Review Committee as an expert, as specified, to have access to  








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            all relevant records concerning the offender. 

          11)Provides that if the probation officer has recommended that  
            the minor be transferred to the CDCR's Division of Juvenile  
            Justice pursuant to an adjudication for an offense requiring  
            him or her to register as a sex offender, the selected SARATSO  
            shall be used to assess the minor and the court shall receive  
            that risk assessment score into evidence.

          12)Retains a DMH representative on the SARATSO Review Committee  
            but states the Review Committee shall be staffed by CDCR and  
            any agreed changes to the SARATSO are to be posted by CDCR  
            rather than DMH.

          13)Makes various cross-references to provisions of law related  
            to probation.

           EXISTING LAW  :

          1)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.  (Penal Code Sections 290.03 and 290.04.)

          2)Establishes a "SARATSO Review Committee," comprised of a DMH  
            representative, in consultation with a CDCR representative and  
            a representative of the Attorney General's Office.  [Penal  
            Code Section 290.04(a)(2).]  

          3)Provides that he 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 Review 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.  [Penal Code Section 290.04(a)(2).]

          4)Establishes the SARATSO Training Committee, comprised of a DMH  
            representative, a CDCR representative, a representative of the  
            Attorney General's Office, and a representative of the Chief  








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            Probation Officers of California, and generally tasked with  
            the development of a training program for the administration  
            of the SARATSO, as specified.  (Penal Code Section 290.05.)

          5)Provides a schedule for the assessment of sex offenders using  
            SARATSO, as specified.  (Penal Code Section 290.06.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  : 

           1)Author's Statement  :  According to the author, "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 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  
            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 and 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."

           2)Current Risk Assessment Tools  :  The "STATIC-99" risk  
            assessment tool is the most widely accepted diagnostic tool  
            for predicting recidivism by persons convicted of sex crimes.   
            The tool was developed in Canada and is used throughout North  
            America and around the world.  The developers of STATIC-99  
            conduct ongoing research and evaluation of the instrument.   
            The researchers particularly seek to make the instrument both  
            more accurate in predicting risk and easier to apply in the  








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            field.  It is likely that employment insecurity will be  
            emphasized as a predictor of re-offense and that the factor  
            concerning a lack of close relationships will be made easier  
            to document.  This latter change will likely help probation  
            officers and parole agents obtain correct data.  Currently, in  
            California STATIC-99 is used by CDCR in determining which  
            high-risk parolees should be monitored with Global Positioning  
            System devices.  The STATIC-99 is an important component of  
            DMH's review of persons who face possible commitment as  
            sexually violent predators.  The governing statute requires  
            DMH to employ and update a standardized assessment protocol.

          The identified risk factors for recidivism identified in the  
            STATIC-99 are, as follows:  young offender (ages 18 to 25);  
            lack of intimate partners (intimate partnerships of two years  
            or more lessen recidivism); non-sexual violence; prior  
            convictions for non-sexual violence; prior sex offenses (very  
            important predictor of future criminal behavior); prior  
            criminal sentencing - four or more separate sentencing;  
            convictions for "non-contact" sex offense (exhibitionism,  
            obscene telephone calls, obscene material); unrelated victims  
            - perpetrators who were not related to their victims are more  
            likely to re-offend; stranger victims - perpetrators who  
            preyed on strangers are more likely to re-offend; and, male  
            victims - perpetrators who committed crimes against male  
            victims are more likely to re-offend.  

          SB 1128 (Alquist), Chapter 337, Statutes of 2006, proposed a  
            comprehensive system for ensuring that risk assessments are  
            conducted for all persons convicted of registerable sex  
            offenses, whether granted probation, in prison, on parole, or  
            in the community after terms of parole or probation have  
            ended.  The system required that risk assessment levels be  
            posted on Megan's Law to further inform the public as to the  
            particular risk level of individual registrants.  However, SB  
            1128 was not limited to just the STATIC-99 and specifically  
            referenced SARATSO and created a review committee to  
            investigate the best tool to use for this purpose.  Although  
            the best tool may now be the STATIC-99, SB 1128 allowed for  
            the use of other tests that may prove more accurate in the  
            future.

           3)Prior Legislation  : 

             a)   SB 1253 (Alquist), of the 2007-08 Legislative Session,  








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               would have required the SARATSO Training Committee to  
               monitor the consistency and quality of risk assessments,  
               and would have arranged for experts to train the persons  
               responsible for training the persons required to administer  
               the SARATSO.  SB 1253 was vetoed due to the delayed budget.  


             b)   SB 1128 (Alquist), Chapter 337, Statutes of 2006,  
               requires that commencing July 1, 2008, every adult  
               convicted of a registerable sex offense to be assessed for  
               risk of re-offending using the SARATSO.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Chief Probation Officers of California
          Los Angeles County District Attorney's Office

           Opposition 
           
          None
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744