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