BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 583
                                                                  Page  1

          Date of Hearing:   June 23, 2009
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                Juan Arambula, Chair

                  SB 583 (Hollingsworth) - As Amended:  May 5, 2009
           

          SUMMARY  :  Requires the Department of Justice (DOJ) to record the  
          type of residence at which sex offenders reside and provide the  
          information to state agencies for law enforcement purposes  
          related to investigative responsibilities regarding sex  
          offenders.  Specifically,  this bill  :  

          1)States that DOJ shall record the address at which a registered  
            sex offender resides with a unique identifier for the address.  


          2)Provides that the identifier shall consist of a description of  
            the nature of the dwelling, with the choices of a  
            single-family residence, an apartment/condominium, a  
            motel/hotel, or a licensed facility. 

          3)Specifies that each address and its association with any  
            specific registered sex offender shall be stored by DOJ in the  
            same database as the registration data recorded pursuant to  
            Penal Code Section 290.015. 

          4)States that the DOJ shall make that information available to  
            the Department of Social Services (DSS) or any other state  
            agency when the agency needs the information for law  
            enforcement purposes relating to investigative  
            responsibilities relative to sex offenders. 

          5)Provides that this section shall become operative on January  
            1, 2012.

           EXISTING LAW  :

          1)Requires a person convicted of specified sex offenses to  
            register upon release from incarceration, placement,  
            commitment, or release on probation.  (Penal Code Section 290  
            et seq.)   








                                                                  SB 583
                                                                  Page  2


          2)Provides that sex offender registration consists of the  
            following (Penal Code Section 290.15):

             a)   A written statement giving information required by DOJ  
               and giving the name and address of place of employment and  
               employer;

             b)   Fingerprints and a current photograph taken by the  
               registering official;

             c)   The license plate number of any vehicle owned, driven by  
               or registered to the registrant;

             d)   Notice that the registrant may have a duty to register  
               in another state upon relocation; and,

             e)   Adequate proof of residence.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "SB 583 will  
            provide state agencies with a cost-effective and efficient  
            tool in the monitoring of registered sex offenders and will  
            take this necessary step even further by requiring DOJ to make  
            this information available to the DSS and other specified  
            agencies for law enforcement and investigative purposes." 

           2)Background  :  According to the background submitted by the  
            author, "[t]o ensure that registered adult sex offenders are  
            not residing in licensed facilities that serve children, SB  
            583 would require DOJ to assign a unique identifier to each  
            registered address in its sex offender database, indicating  
            the type of residence (i.e. private residence, licensed or  
            unlicensed facility).

          "It would also require the DOJ to develop a process that would  
            allow for the generation and disclosure between agencies (such  
            as DSS and the Department Alcohol and Drug Programs) on sex  
            offender residence data on an as-needed basis.

          "Currently, the Sex Offender Registration Act requires that all  
            persons found to have committed certain sexual offenses to  








                                                                  SB 583
                                                                  Page  3

            register with certain regional entities as sex offenders while  
            residing in California.  State law generally requires the  
            Department of Corrections and Rehabilitation (CDCR) to return  
            paroled sex offenders to their county of last legal residence,  
            unless circumstances call for a different placement.  Such  
            individuals are required to register (provide an address) with  
            the local law enforcement agency that has jurisdiction over  
            their place of residence within five working days of moving  
            there and upon each anniversary of their birth.  The law  
            enforcement agencies forward the registration information to  
            the DOJ which maintains a database of sex offenders in  
            California.  Although CDCR is not responsible for determining  
            where paroled sex offenders reside, it may help facilitate  
            placement.  Further, state law requires DOJ to maintain a  
            registry to track certain information including the addresses  
            of sex offenders, but it does not require them to monitor  
            compliance; rather, state law holds the sex offender  
            responsible for ensuring compliance with registration  
            requirements.  Restrictions apply as to how many paroled sex  
            offenders can live at the same address.

          "DOJ's database contains addresses of registered sex offenders,  
            but it does not identify whether the addresses are a private  
            residence, a licensed residential facility or hotel because  
            there is no requirement to report this information." 

           3)State Auditor's Report  :  The State Auditor, in her report, Sex  
            Offender Placement:  State Laws Are Not Always Clear, and No  
            One Formally Assesses the Impact Sex Offender Placement has on  
            Local Communities (April 2008), attempted to determine the  
            number of facilities that house sex offenders.  However, the  
            Auditor was unable to make an accurate tabulation as  
            registrants are not required to indicate in what type of  
            housing they reside in, nor are licensing departments required  
            to indicate what type of housing registrants reside in, nor do  
            licensing departments track in their databases the clients who  
            live in their facilities.  The report indicated that 49  
            separate instances were found in which registered addresses in  
            DOJ's databases were the same as the official addresses of  
            facilities licensed by DSS that serve children, such as family  
            day-care homes and foster family homes.

            The Auditor's recommendation was that if the Legislature were  
            interested in identifying all sex offenders living in  
            residential facilities, "it should require Justice, Social  








                                                                  SB 583
                                                                  Page  4

            Services, and Alcohol and Drug to coordinate with one another  
            and develop an approach that would allow them to generate such  
            information on an as-needed basis.  For example, with the  
            assistance of Social Services and Alcohol and Drug, Justice  
            could assign a unique identifier to each registered address in  
            its database, which would allow it to compute the number of  
            sex offenders living together . . . . "  (Emphasis added.)

            The Auditor also recommended that DOJ should provide DSS with  
            the appropriate identifying information to enable DSS to  
            investigate those instances in which the registered addresses  
            of sex offenders were the same as child-care or foster-care  
            facilities.  Further, if and when necessary, DOJ and DSS  
            should seek statutory changes that would permit DOJ to release  
            identifying information to DSS so that DSS may investigate any  
            matches.

           4)The Responses of DOJ and DSS to the Auditor's Report  :  With  
            respect to the issue of sharing information with DSS, DOJ  
            responded to the Auditor's report as follows:

          "The supplemental report states that the BSA has found instances  
            in which the registered addresses in Justice's database for 49  
            sex offenders were the same as the official addresses of  
            facilities licensed by Social Services that serve children,  
            such as family day care homes and foster family homes.'  The  
            initial report states 45 such instances were identified, but  
            the auditor has represented that four additional cases were  
            overlooked in the initial review because of human error.  The  
            auditor has stated that the 49 cases represent its final  
            conclusion.

          "The DOJ has examined its records and confirmed that of the 49  
            'matches' identified by the auditor, the DOJ has no record  
            that 46 were ever the subject of a DSS pre-licensing inquiry  
            for state or national level criminal history search.  Under  
            California law, a criminal history search is required as a  
            condition 'to operate or provide direct care services in a  
            community care facility, foster family home, or a certified  
            family home of a licensed foster family agency.;  (Health &  
            Safety Code Section 1522.)  The DOJ promptly performs this  
            search when requested, but the DOJ has no record that a  
            request was ever made for these 46 cases.  As to the remaining  
            three (of the 49), the DOJ has examined each case's specific  
            circumstances and concluded it provided the necessary  








                                                                  SB 583
                                                                  Page  5

            information to the DSS in a timely manner as required by law.

          "The DOJ has actively worked with the DSS to satisfy the  
            report's recommendation that 'Justice should consult with  
            Social Services to investigate those instances in which the  
            registered addresses of sex offenders were the same as these  
            facilities.'  The DOJ and DSS continue to cooperate with each  
            other to find a solution to the issue to protect the public  
            and ensure the safety of every person at risk."

          In its response to the audit, the DSS stated in part:  "The DOJ  
            is responsible for notifying DSS of the complete criminal  
            record history information, based on fingerprints submitted  
            for adults working or residing in a facility seeking a  
            license.  If DSS finds that the license applicant or any  
            individual who works or resides in a licensed facility (other  
            than the residential facility clients themselves) has been  
            convicted of any crime, other than a minor traffic violation,  
            the license application shall be denied, unless the director  
            grants an exemption.  Subsequent criminal conviction  
            information may also result in a revocation of the license or  
            exclusion of an individual from the licensed facility.  In  
            addition, upon enrollment of their children in a licensed  
            child day care facility, all parents are notified by DSS in  
            the parents' rights notification form of the sex offender  
            registry website and the parents may check the registry if  
            they are further concerned with the neighborhood they have  
            selected for their child care.

          "The draft audit indicates that in reviewing the addresses of  
            licensed facilities for children, the auditor discovered 46  
            resident address matches in a DOJ database for 49 registered  
            sex offenders.  Pursuant to the definition provided in the  
            audit draft, this would mean that 46 of the approximately  
            70,000 licensed facilities serving children could be  
            compromised.  

          "In light of the existing authority for the exchange of criminal  
            record information between DOJ and DSS, members of the  
            Committee and the author may wish to explore whether the  
            information found by the audit - specifically, that in 49  
            cases the addresses for registered sex offenders matched the  
            addresses for DSS-licensed child facilities - supports the  
            need for a new database or, in the alternative, might better  
            be addressed through more rigorous accountability practices  








                                                                  SB 583
                                                                  Page  6

            and procedures at DSS."

           5)Prior Legislation  :  AB 2593 (Adams), of the 2007-08  
            Legislative Session, would have established the Registered Sex  
            Offender Address Matching Act of 2008, which would have  
            required DSS to develop and implement a Web site that would  
            match addresses of registered sex offenders and specified  
            licensed and residential facilities.  AB 2593 would have also:  
             (a) required DSS and counties to check the Megan's Law  
            Internet Web site prior to making certain placements and  
            licensing of care facilities.  DSS and counties would have  
            been authorized to take appropriate actions upon finding a  
            match; (b) authorized a loan from the Federal Trust Fund to  
            initiate activities; and, (c) authorized an increase in  
            fingerprinting fees paid by applicants for licensure to fund  
            some of the program costs and to repay the loan.  AB 2593 was  
            gutted and amended into this form in the Senate, failed  
            passage in the Senate Appropriations Committee, and was never  
            heard by the Assembly.
           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California District Attorneys Association

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744