BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

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          SB 496 (Maldonado)                                          
          As Amended April 23, 2009 
          Hearing date:  April 28, 2009
          Business and Professions Code
          AA:mc


                               REGISTERED SEX OFFENDERS:

                                REAL ESTATE LICENSES  


                                       HISTORY

          Source:  Author

          Prior Legislation: SB 252 (Aanestad) - Chapter 13, Statutes of  
          2007
                       AB 236 (Bermudez) - Chapter 348, Statues 2003

          Support:<1>California Association of Realtors; California  
          Association of Mortgage Brokers

          ---------------------------
          <1>   As listed in the April 27, 2009, analysis of the Senate  
          Committee on Business, Professions and Economic Development  
          ("BPED").  Due to the quick timeframe within which this bill is  
          being heard in this Committee after BPED, the Committee is  
          listing support and opposition based on letters submitted to the  
          committee of first referral, and the Background Sheet completed  
          by the author's office and on file in the Committee offices. See  
          Comment 1.





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                                                         SB 496 (Maldonado)
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          Opposition<2>:ACLU; National Employment Law Project



                                         KEY ISSUE
           
          SHOULD REGISTERED SEX OFFENDERS BE PROHIBITED FROM BEING LICENSED AS  
          REAL ESTATE AGENTS OR BROKERS, AS SPECIFIED?




                                       PURPOSE

          The purpose of this bill is to prohibit registered sex offenders  
          from being licensed as real estate agents or brokers, as  
          specified.

           Current law  generally requires persons convicted of enumerated  
          sex offenses to register within five working days of coming into  
          a city or county, with specified law enforcement officials in  
          the city, county, or city and county where he or she is  












          ---------------------------
          <2>   Id.













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          domiciled, as specified.<3>  (Penal Code  290.)  Registration  
          generally must be updated annually, within five working days of  
          a registrant's birthday.  (Penal Code  290.012(a).)  In some  
          instances, registration must be updated once every 30 or 90  
          days, as specified.  (Penal Code  290.011, 290.012.)  Except  
          as noted below, the obligation to register as a sex offender is  
          for life.  

           Current law  provides that persons whose registrable sex offenses  
          are nondisclosable to the public   may obtain relief from the  
          duty to register upon obtaining a certificate of rehabilitation.  
           (Penal Code  290.5.)  All others must obtain a governor's  
          pardon to obtain relief from the duty to register as a sex  











          ---------------------------
          <3>  Penal Code section 290(b) provides:  "Every person  
          described in subdivision (c) for the rest of his or her life  
          while residing in, or, if he or she has no residence, while  
          located within California, or while attending school or working  
          in California, as described in section 290.002 and 290.01, shall  
          be required to register with the chief of police of the city in  
          which he or she is residing, or if he or she has no residence,  
          is located, or the sheriff of the county if he or she is  
          residing, or if he or she has no residence, is located, in an  
          unincorporated area or city that has no police department, and,  
          additionally, with the chief of police of a campus of the  
          University of California, the California State University, or  
          community college if he or she is residing, or if he or she has  
          no residence, is located upon the campus or in any of its  
          facilities, within five working days of coming into, or changing  
          his or her residence or location within, any city, county, or  
          city and county, or campus in which he or she temporarily  
          resides, or, if he or she has no residence, is located."





























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          offender.<4>  A person otherwise eligible may apply for a  
          certificate of rehabilitation seven to ten years (depending on  
          the registrable sex offense) after release from custody or on  
          parole or probation, whichever is sooner.  Certain registrable  
          sex offenders are not eligible to obtain a certificate of  
          rehabilitation.  (Penal Code  4852.01, 4852.03.)

           Current law relating to the licensure of real estate  
          professionals  , as set forth in the analysis of this bill  
          prepared by the Senate Committee on Business, Professions and  
          Economic Development dated April 20, 2009, provides the  
          following:
          
          1)Establishes in the Business, Transportation and Housing  
            Agency (BT&H), the Department of Real Estate (DRE), the  
            chief officer of which is the Real Estate Commissioner  
            and specifies that the Commissioner, through the  
            Department, is responsible for the regulation of real  
            estate transactions and licensure of real estate agents,  
            brokers and salespersons.

          2)Specifies that the Commissioner shall enforce the Real  
          -------------------------
          <4>  Specifically, Penal Code section 290.5 (a)(2) provides:   
          "(2)  A person required to register under Section 290, upon  
          obtaining a certificate of rehabilitation . . . shall not be  
          relieved of the duty to register under Section 290  , or of the  
          duty to register under Section 290 for any offense subject to  
          that section of which he or she is convicted in the future, if  
          his or her conviction is for one of the following offenses: (A)  
          Section 207 or 209 committed with the intent to violate Section  
          261, 286, 288, 288a, or 289. (B) Section 220, except assault to  
          commit mayhem. (C) Section 243.4, provided that the offense is a  
          felony.  (D) Paragraph (1), (2), (3), (4), or (6) of subdivision  
          (a) of Section 261. (E) Section 264.1. (F) Section 266, provided  
          that the offense is a felony.  (G) Section 266c, provided that  
          the offense is a felony. (H) Section 266j.  (I) Section 267.   
          (J) Section 269.  (K) paragraph (1) of subdivision (b) of  
          Section 286, provided that the offense is a felony.  (L)  
          Paragraph (2) of subdivision (b) of, or subdivision (c), (d),  
          (f), (g), (i), (j), or (k) of, Section 286. (M) Section 288.   
          (N) Paragraph (1) of subdivision (b) of Section 288a, provided  
          that the offense is a felony.  (O) Paragraph (2) of subdivision  
          (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of,  
          Section 288a.  (P) Section 288.5. (Q) Subdivision (a), (b), (d),  
          (e), (f), (g), or (h) of Section 289, provided that the offense  
          is a felony.  (R) Subdivision (i) or (j) of Section 289.  (S)  
          Section 647.6.  (T) The attempted commission of any of the  
          offenses specified in this paragraph. (U) The statutory  
          predecessor of any of the offenses specified in this paragraph.   
          (V) Any offense which, if committed or attempted in this state,  
          would have been punishable as one or more of the offenses  
          specified in this paragraph.  (b) (1)  Except as provided in  
          paragraphs (2) and (3), a person described in paragraph (2) of  
          subdivision (a) shall not be relieved of the duty to register  
          until that person has obtained a full pardon .  . . .  (2) This  
          subdivision does not apply to misdemeanor violations of Section  
          647.6.  (3) The court, upon granting a petition for a  
          certificate of rehabilitation . . . if the petition was granted  
          prior to January 1, 1998, may relieve a person of the duty to  
          register under Section 290 for a violation of Section 288 or  
          288.5, provided that
          the person was granted probation pursuant to subdivision (c) of  
          Section 1203.066, has complied with the provisions of Section  
          290 for a continuous period of at least 10 years immediately  
          preceding the filing of the petition, and has not been convicted  
          of a felony during that period."  (emphasis added.)




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            Estate Law and has the full power to regulate and control  
            the issuance and revocation, both temporary and  
            permanent, of all licenses to be issued and to perform  
            all other acts and duties provided under the Real Estate  
            Law and that are necessary for its enforcement.  

          3)Specifies that a licensed real estate broker is a person  
            licensed as a broker, and that a real estate salesperson  
            is a person licensed as a salesperson pursuant to the  
            Real Estate Law.   

          4)Provides for specific grounds upon which a license of any  
            real estate licensee may be denied, revoked or suspended  
            including entering a plea of guilty, or if the licensee  
            has been found guilty of, or been convicted of a felony,  
            or a crime substantially related to the qualifications,  
            functions, or duties of a real estate licensee, after  
            being provided a due process hearing.

          5)Provides that the Commissioner may,  without a hearing  ,  
            suspend the license of any person who procured the  
            issuance of a real estate license by fraud,  
            misrepresentation, deceit, or by making any material  
            misstatement of fact. 
          
           This bill  would provide that, excepted as provided, with regard  
          to an individual who is required to register as a sex offender,  
          the Real Estate Commissioner shall be subject to the following  
          requirements:


          (1)  The commissioner shall deny an application as a real estate  
            salesperson or real estate broker pursuant to this part.



          (2) If the individual is licensed under this part, the  
            commissioner shall revoke the license of the individual.  The  
            commissioner shall not stay the revocation and place the  
            license on probation.




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          (3) The commissioner shall not renew or reinstate the  
            individual's license under this part.  The commissioner shall  
            not issue a stay of license denial and place the license on  
            probation.



           This bill  would require that, except as provided, a person  
          licensed as a real estate salesperson or real estate broker who  
          is convicted of an offense that requires the individual to  
          register as a sex offender shall, within five days of the  
          imposition of sentence, notify the commissioner.



           This bill  would provide that this section shall not apply to any  
          of the following:



          (1)       An individual who has been relieved of his or her duty  
            to register as a sex offender, or whose duty to register has  
            otherwise been formally terminated under California law or the  
            law of the jurisdiction that requires his or her registration  
            as a sex offender, as specified;
          (2)       An individual who has obtained a certificate of  
            rehabilitation and pardon and if his or her probation has been  
            terminated and the information or accusation has been  
            dismissed, as specified.

          (3)       An individual who is required to register as a sex  
            offender solely for misdemeanor indecent exposure, as  
            specified, providing, however, that "nothing in this paragraph  
            shall prohibit the commissioner from exercising his or her  
            discretion to discipline a licensee under other provisions of  
            state law based upon the licensee's conviction for indecent  
            exposure, as specified; 




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          (4)       Any administrative adjudication proceeding, as  
            specified, that is fully adjudicated prior to January 1, 2010.  
             "A petition for reinstatement of a revoked or surrendered  
            license shall be considered a new proceeding for purposes of  
            this paragraph, and the prohibition against reinstating a  
            license to an individual who is required to register as a sex  
            offender shall be applicable."

           This bill  additionally would provide that, five years after the  
          effective date of the revocation and three years after  
          successful discharge from parole, probation, or both parole and  
          probation if under simultaneous supervision, an individual may  
          petition the superior court in the county in which the  
          individual has resided for, at minimum, five years prior to  
          filing the petition to hold a hearing within one year of the  
          date of the petition, in order for the court to determine  
          whether the individual no longer poses a possible risk to the  
          public.  The individual shall provide notice of the petition to  
          the Attorney General and to the commissioner at the time of its  
          filing.  The Attorney General and the commissioner may present  
          written and oral argument to the court on the merits of the  
          petition.

           This bill  would provide that if the court finds that the  
          individual no longer poses a possible risk to the public, and  
          there are no other underlying reasons that the commissioner  
          pursued disciplinary action, the court shall order, in writing,  
          the commissioner to reinstate the individual's license within  
          180 days of the date of the order.  The commissioner may issue a  
          restricted license . . . to a person subject to this section  
          subject to terms and conditions, . . . (as specified).   

           This bill  would provide that if the court finds that the  
          individual continues to pose a possible risk to the public, the  
          court shall deny relief.  The court's decision shall be binding  
          on the individual and the commissioner, and the individual is  
          prohibited from filing a subsequent petition under this section  
          based on the same conviction.
           




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          This bill  would provide that if the court denies the individual  
          a certificate of rehabilitation and pardon . . .  the individual  
          may not petition the superior court for reinstatement of the  
          individual's license pursuant to this subsection.
                                          
              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          California continues to face a severe prison overcrowding  
          crisis.  The Department of Corrections and Rehabilitation (CDCR)  
          currently has about 170,000 inmates under its jurisdiction.  Due  
          to a lack of traditional housing space available, the department  
          houses roughly 15,000 inmates in gyms and dayrooms.   
          California's prison population has increased by 125 percent (an  
          average of 4 percent annually) over the past 20 years, growing  
          from 76,000 inmates to 171,000 inmates, far outpacing the  
          state's population growth rate for the age cohort with the  
          highest risk of incarceration.<5>  

          In December of 2006 plaintiffs in two federal lawsuits against  
          CDCR sought a court-ordered limit on the prison population  
          pursuant to the federal Prison Litigation Reform Act.  On  
          February 9, 2009, the three-judge federal court panel issued a  
          tentative ruling that included the following conclusions with  
          respect to overcrowding:

               No party contests that California's prisons are  
               overcrowded, however measured, and whether considered  
               in comparison to prisons in other states or jails  
               within this state. There are simply too many prisoners  
               for the existing capacity.  The Governor, the  
               principal defendant, declared a state of emergency in  
               2006 because of the "severe overcrowding" in  
               California's prisons, which has caused "substantial  
               ----------------------
          <5>   "Between 1987 and 2007, California's population of ages 15  
          through 44-the age cohort with the highest risk for  
          incarceration-grew by an average of less than 1 percent  
          annually, which is a pace much slower than the growth in prison  
          admissions."  (2009-2010 Budget Analysis Series, Judicial and  
          Criminal Justice, Legislative Analyst's Office (January 30,  
          2009).)



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               risk to the health and safety of the men and women who  
               work inside these prisons and the inmates housed in  
               them." . . .  A state appellate court upheld the  
               Governor's proclamation, holding that the evidence  
               supported the existence of conditions of "extreme  
               peril to the safety of persons and property."  
               (citation omitted)   The Governor's declaration of the  
               state of emergency remains in effect to this day.  

               . . .  the evidence is compelling that there is no  
               relief other than a prisoner release order that will  
               remedy the unconstitutional prison conditions.
               . . .

               Although the evidence may be less than perfectly  
               clear, it appears to the Court that in order to  
               alleviate the constitutional violations California's  
               inmate population must be reduced to at most 120% to  
               145% of design capacity, with some institutions or  
               clinical programs at or below 100%.  We caution the  
               parties, however, that these are not firm figures and  
               that the Court reserves the right - until its final  
               ruling - to determine that a higher or lower figure is  
               appropriate in general or in particular types of  
               facilities.
               . . .

               Under the PLRA, any prisoner release order that we  
               issue will be narrowly drawn, extend no further than  
               necessary to correct the violation of constitutional  
               rights, and be the least intrusive means necessary to  
               correct the violation of those rights.  For this  
               reason, it is our present intention to adopt an order  
               requiring the State to develop a plan to reduce the  
               prison population to 120% or 145% of the prison's  
               design capacity (or somewhere in between) within a  








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               period of two or three years.<6>

          The final outcome of the panel's tentative decision, as well as  
          any appeal that may be in response to the panel's final  
          decision, is unknown at the time of this writing.
           
           This bill  does not appear to aggravate the prison overcrowding  
          crisis outlined above.

                                      COMMENTS

          1.  Status of This Bill

           This bill was double referred to the Senate Committee on  
          Business, Professions and Economic Development, where it is  
          scheduled to be heard on April 27th.  This bill is set to be  
          heard in the Committee on April 28th, pending receipt, if it  
          passes the Committee of first referral.

          2.  Stated Need for This Bill

           The author states:

               This bill would prevent registered sex offenders from  
               obtaining real estate licenses.  Current law allows  
               these dangerous predators to get a real estate  
               license.  Real estate agents have complete access to a  
               person's home.  When a house goes on the market, real  
               estate agents obtain keys to a person's house.  They  
               also know if the house is occupied by a family and the  
               ages of any children and room in which they sleep.  In  
               essence, sellers are unknowingly putting the keys to  
               their homes in the hands of sex offenders.

            --------------------------
          <6>   Three Judge Court Tentative Ruling, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts For The Eastern District of California And The  
          Northern District Of California United States District Court  
          Composed Of Three Judges Pursuant To Section 2284, Title 28  
          United States Code (Feb. 9, 2009).



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          3.  What This Bill Would Do
           
          As explained above, this bill essentially would prohibit  
          registered sex offenders from being licensed as a real estate  
          salesperson or real estate broker.  The bill would allow the  
          following exceptions to this prohibition: 

           

                 An individual who has been relieved of his or her duty  
               to register as a sex offender, as specified;  


                 An individual who has obtained a certificate of  
               rehabilitation and pardon and if his or her probation has  
               been terminated and the information or accusation has been  
               dismissed, as specified;


                 An individual who is required to register as a sex  
               offender solely for misdemeanor indecent exposure; and

                 An individual who, as specified, petitions the superior  
               court and the court finds that the individual no longer  
               poses a possible risk to the public, and there are no other  
               underlying reasons that the commissioner pursued  
               disciplinary action, as specified.

          4.  Related License Restrictions

           The analysis prepared by the Senate Committee on Business,  
          Professions and Economic Development dated April 20, 2009,  
          explains the following existing licensing restrictions:

                SB 252  (Aanestad, Chapter 13, Statutes of 2007)  
               provided similar language and established similar  
               objectives regarding any individual seeking a license  
               or currently holding a license in dentistry from the  
               Dental Board of California.  SB 252 was modeled after  
                AB 236  (Bermudez, Chapter 348, Statues 2003) which  




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               prohibits any person registered as a sex offender from  
               being licensed under the Medical Practices Act.  Both  
                                                           of these measures provided for the inclusion of an  
               exception for those who are required to register as a  
               sex offender, solely because of a misdemeanor  
               conviction for indecent exposure under Penal Code  
               Section 314.  . . .

          5.  Practical Effect

           As currently drafted, it would appear that few if any registered  
          sex offenders would be excepted from the prohibition proposed by  
          this bill.  While Committee staff was unable to discover any  
          data indicating how many registered sex offenders have received  
          pardons, thereby relieving them of the duty to register, it  
          seems most likely that such an action is rare.  In fact, the  
          pardon provision of the bill would appear to have no legal  
          meaning or practical effect, since if someone receives a  
          certificate of rehabilitation and a pardon they no longer are  
          required to register, which is the standard used by this  
          bill.<7>   

          IS THE CERTIFICATE OF REHABILITATION AND PARDON PROVISION OF  
          THIS BILL ILLUSORY IN TERMS OF PROVIDING AN EXCEPTION TO THIS  
          BILL'S PROVISIONS?

          In addition, this bill would allow an exception if a court finds  
          that an individual no longer poses a possible risk to the  
          public.  Members may wish to consider whether any court could  
          make this finding under any circumstances.  

          ARE THE EXCEPTIONS TO THE PROHIBITION PROPOSED BY THIS BILL  
          ---------------------------
          <7>   Committee staff is aware that Education Code section 87405  
          (b) uses this standard.  The restriction in that section,  
          however, applies more broadly than this bill:  that section  
          applies to persons convicted of any sex offense.  Therefore,  
          with respect to that provision a person could be convicted but  
          given a certificate of rehabilitation and pardoned, in which  
          case the employment restriction would not apply.  This bill,  
          however, is based on whether a person is required to register.  



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          LIKELY TO EVER APPLY TO ANY CASE?

          6.  Recidivism Among Sex Offenders
           
          As indicated in the author's statement, this bill is based on  
          public safety concerns relating to the risk posed by registered  
          sex offenders.  In its January 2008 report, the California Sex  
          Offender Management Board stated the following with respect to  
          recidivism among sex offenders:

               Solid information about the recidivism of sex  
               offenders is one of the key building blocks for good  
               policy and effective practice in sex offender  
               management.  If it were not for the concern that an  
               identified sex offender may offend again in the future  
               and create another victim, the questions about how to  
               best manage sex offenders living in California  
               communities would not be of such intense interest.  
               Knowing how likely it is that an individual sex  
               offender or a certain type of sex offender might  
               re-offend can drive many decisions.  Similarly,  
               knowing what interventions actually reduce the chances  
               that a sex offender will re-offend is also extremely  
               important.

               There is a growing body of solid knowledge about sex  
               offender recidivism.  More
               knowledge is certainly needed, especially in  
               California.  But what is known about the rate of  
               recidivism for sex offenders appears to be frequently  
               misunderstood when it comes to developing policies for  
               successful sex offender management. Many of the  
               preconceived notions surrounding sexual abuse appear  
               to be based on myths and misconceptions rather then  
               empirical evidence.  Sex offenders are often reputed  
               to be incorrigible and laws are, at times, justified  
               with statements that the majority of sexual offenders  
               will go on to re-offend.  In a recent study, 200  
               citizens who were polled believed that sex offender  
               recidivism rates for new sex offenses, are  




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               approximately 75%.  Statements that sex offenders  
               cannot be
               "cured" - a concept generally accepted by experts in  
               this field - have often been
               misinterpreted to mean that they will inevitably  
               re-offend.

               In fact, the majority of sex offenders do not  
               re-offend sexually over time. Additionally, research  
               studies over the past two decades have consistently  
               indicated that recidivism rates for sex offenders are,  
               in reality, lower than the
               re-offense rates for most other types of offenders.   
               In a longitudinal study that followed 4,742 known sex  
               offenders over a period of 15 years, 24% were charged  
               with or convicted of, a new sexual offense.  The U.S.  
               Department of Justice found that 5% of 9,691 sex  
               offenders released from prisons in 1994 were  
               rearrested for new sex crimes within three years.   
               Recent research data from California Department of  
               Corrections and Rehabilitation indicate that fewer  
               than 4% of the convicted sex offenders released to  
               parole in 2003 were returned for a new sex offense  
               over the course of a three year period of living in  
               the community under parole supervision.<8> 
               . . .

               When comparing the re-offense rates of sex offenders  
               with the re-offense rates of non-sex offenders, the  
               public may assume an astronomically high recidivism  
               rate for sex offenders that, in reality, cannot be  
               found in empirical research and official statistics.   
               In a large study of more than 38,000 prisoners of all  
               types who were released from U.S. prisons in 1994,  
               Meithei, Olson, and Mitchell (2006) found that:

                26 % of sex offenders were rearrested for another  
               ----------------------
          <8>   An Assessment of Current Management Practices of Adult Sex  
          Offenders in California, Initial Report (January 2008),  
          California Sex Offender Management Board, p. 68.



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               sex crime,
                33 % of violent offenders committed another violent  
               crime,
                56 % of property offenders committed another  
               property offense,
                61 % of public order offenders committed another  
               public order offense

               These research findings caution the public and policy  
               makers against pursuing an
               overwhelming focus of crime control measures on sex  
               offenders that may overlook the risk of serious  
               offenses committed by other offenders.

               Nevertheless it remains true that sex crimes can have  
               such a devastating impact on their victims that even  
               "comparatively low" recidivism rates are still  
               unacceptably high and efforts to reduce them even  
               further are deserving of considerable investment of  
               efforts, resources and funding.<9>
           
           In its January 2009 Progress Report, the Board stated in part:

               The California Sex Offender Management Board has used  
               the following two
               values as a guide when evaluating research, practice  
               and policy related to the
               management of adult sex offenders.















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               ----------------------
          <9>   Id., pp. 71-72.









               1.     In a time of limited resources the most  
                 effective way to maximize public safety is to  
                 allocate resources in a manner that ensures that the  
                 highest risk populations receive supervision,  
                 management and transition resources that are  
                 commensurate with their risk.
               2.     Public safety is one of the fundamental  
                 commitments that state and local governments make to  
                 their community.  The best way to honor this  
                 commitment is to adopt practices which have been  
                 demonstrated to be effective.<10>

          IS THIS BILL CONSISTENT WITH THE VALUES IDENTIFIED BY THE SEX  
          OFFENDER MANAGEMENT BOARD?
           
           The Board's January 2009 report also indicates it will conduct  
          further research relating to whether the sex offender registry  
          can be improved by using tools such as risk assessments to  
          re-focus who is required to register:

               The research by this committee showed that California  
               is unique in requiring lifetime registration for all  
               sex offenses requiring registration, even those which  
               are considered less serious or which were committed by  
               offenders who are at low risk to reoffend.  More  
               accurate up-to-date research shows that such offenders  
               are at much lower risk to reoffend than was previously  
               thought.  Because California has had lifetime  
               registration since 1947, there and many offenders  
               registering who have committed lower risk offenses  
               many years ago who have not reoffended.  In order to  
               focus scarce law enforcement resources on monitoring  
               offenders who pose a higher risk of reoffending, the  
               committee is studying a recommendation
               that the duration of registration be linked to both  
               risk assessment and the seriousness of the offense.   
               Courts could consider these factors, as well as others  

               ----------------------
          <10>   Available online at  
          http://www.casomb.org/docs/2009%20Progress%20Report%20V5.pdf.



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                                                         SB 496 (Maldonado)
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               indicating rehabilitation or lack thereof, in  
               determining whether to end the registration duty  
               earlier than life for lower risk offenders.  Removing  
               low risk offenders from the registry after a  
               sufficient period of time would give law enforcement  
               the ability to do more than simply register offenders  
               at the station.  It
               could free resources to allow for more in-field  
               compliance work focused on higher risk offenders.<11>   

          Members of the Committee may wish to discuss whether sex  
          offender registration alone is an adequate filter to indicate  
          risk for purposes of prohibiting persons from engaging in the  
          professions addressed by this bill.  The current sex offender  
          registration applies so broadly that it can be difficult if not  
          impossible to say, based on registration status alone, if  
          someone ought not engage in a particular trade because they pose  
          a risk to public safety.  For example, a registrant who was  
          convicted 20 years ago of having oral sex with his girlfriend  
          when he was 18 and she 17 cannot be distinguished from a serial  
          rapist based solely on the fact of registration - they both are  
          registered sex offenders.  Registration is a filter, but  
          arguably not an ideal filter if the issue is risk.  Members may  
          wish to consider whether blanket exclusions should be based on  
          risk not status and, as discussed above, whether the exceptions  
          this bill proposes adequately assess a registrant's risk.   

          IS SEX OFFENDER REGISTRATION ALONE A SUFFICIENT INDICATOR OF  
          RISK, FOR THE PURPOSE OF EXCLUDING SOMEONE FROM A LINE OF WORK?

          WOULD THIS BILL BE STRONGER IN FILTERING FOR RISK IF IT PROVIDED  
          FOR AN ASSUMPTION AGAINST LICENSURE UNLESS THE REGISTRANT COULD  
          ESTABLISH HE OR SHE WAS LOW RISK, BASED ON CERTAIN SPECIFIED  
          CRITERIA, INCLUDING A VALIDATED RISK ASSESSMENT?<12>

          7.  Other Lines of Work
           

          ---------------------------
          <11>   Id., pp. 11-12.
          <12>   California has a validated risk assessment instrument.   
          See Penal Code  290.04 et seq.











                                                         SB 496 (Maldonado)
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          Members may wish to consider whether the reasons for the  
          employment prohibitions like the one contemplated by this bill  
          also could be applied to other lines of work, and what that  
          might mean in terms of public safety.  There are a number of  
          jobs where persons gain access to homes, families and children.   
          Appliance repair or delivery people, pest control management  
          personnel, plumbers, electricians, home appraisers - any number  
          of skilled and unskilled jobs provide access to people's homes.   
          There are approximately 85,000 registered sex offenders in  
          California communities.  Their ability to sustain viable  
          employment is a critical factor in reducing the risk of  
          recidivism.<13>  Members may wish to discuss and consider the  
          broader policy issues of employing the sex offender registration  
          statute as an employment restriction when a job entails access  
          to homes.

          HOW IS THE WORK ADDRESSED BY THIS BILL DISTINGUISHABLE FROM MANY  
          OTHER LINES OF WORK WHERE STRANGERS HAVE ACCESS TO HOMES AND  
          FAMILIES?


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          ---------------------------
          <13>   See CSOMB January 2009 Progress Report, infra, ft. 7; p.  
          9.