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 SB 325 Page 2 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 SB 325 Page 3 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 SB 325 Page 4 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 SB 325 Page 5 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, SB 325 Page 6 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