BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 588
                                                                  Page  1

          Date of Hearing:   June 30, 2009
          Counsel:        Kathleen Ragan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                Juan Arambula, Chair

                  SB 588 (Leno) - As Introduced:  February 27, 2009
           

          SUMMARY  :   Eliminates the January 1, 2010 sunset date of the Sex  
          Offender Management Board (SOMB).  Specifically,  this bill   
          deletes the provision of the SOMB statute which allows the SOMB  
          to remain in effect only until January 1, 2010 unless of later  
          enacted statute deletes or extends that date. 

           EXISTING LAW  :

          1)Establishes the SOMB under the jurisdiction of the California  
            Department of Corrections and Rehabilitation (CDCR).  [Penal  
            Code Section 9001(a).]

          2)Provides that the SOMB shall consist of 17 members, and states  
            that the membership shall reflect, to the extent possible,  
            representation of northern, central, and southern California,  
            as well as urban and rural areas.  [Penal Code Section  
            9001(a).]

          3)Requires that each member of the SOMB, regardless of the  
            appointing authority, shall have the following characteristics  
            [Penal Code Section 9001(a) (1) to (3)]:

             a)   Substantial prior knowledge of issues related to sex  
               offenders, at least insofar as related to his or her own  
               agency's practices.

             b)   Decision-making authority for, or direct access to those  
               who have decision-making authority for, the agency or  
               constituency he or she represents.

             c)   A willingness to serve on the SOMB and a commitment to  
               contribute to the SOMB's work.

          4)Specifies the state and local government agencies that must be  
            represented in the membership of the SOMB, as well as  








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            non-governmental agencies who are mental health professionals  
            and recognized experts in the field of sexual assault and its  
            victims.  [Penal Code Section 9001(b).]

          5)Sets forth the duties of the SOMB to address any issues,  
            concerns, and problems related to the community management of  
            adult sex offenders, and states that the main objective of the  
            SOMB is to achieve safer communities by reducing  
            victimization.  [Penal Code Section 9002(a).]

          6)Requires the SOMB to conduct a thorough assessment of current  
            management practices for adult sex offenders, primarily those  
            under direct criminal justice or other supervision, residing  
            in California.  [Penal Code Section 9002(a)(1).]

          7)Requires the SOMB to develop recommendations, based on the  
            findings in the assessment, to improve management practices of  
            adult sex offenders in the community, with the goal of  
            improving community safety.  Further requires the SOMB to  
            conduct public hearings, as it deems necessary, for gathering  
            information and receiving input regarding the work of the SOMB  
            from concerned stakeholders and the public.  [Penal Code  
            Sections 9002(a)(2) and 9002(b).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author "Under current  
            statute, the SOMB will sunset on January 1, 2010.  This bill  
            will eliminate that sunset and allow the SOMB to continue its  
            work into the future.

          "In 2006, the California SOMB was enacted into law 'to address  
            any issues, concerns, and problems related to the community  
            management of adult sex offenders.  The SOMB's Web site  
            provides the following information about its work:

             a)   "  Vision  :  The vision of the California SOMB is to  
               decrease sexual victimization and increase community  
               safety.

             b)   "  Mission  :  The vision will be accomplished by addressing  
               issues, concerns and problems related to community  
               management of adult sex offenders by identifying and  








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               developing recommendations to improve policies and  
               practices.

             c)   "  Background  :  On September 20, 2006, Governor Arnold  
               Schwarzenegger signed Assembly Bill 1015, which created the  
               California SOMB.  AB 1015 had been introduced by Assembly  
               Members Judy Chu and Todd Spitzer and passed the California  
               Legislature with nearly unanimous bipartisan support.

             "Because California is the most populated state in the Union  
               and has had lifetime registration for its convicted sex  
               offenders since 1947, California has more registered sex  
               offenders than any other state with about 88,000 identified  
               sex offenders (per the Department of Justice, August 2007.)  
                Currently, CDCR supervises about 10,000 of those 88,000  
               sex offenders, of which about 3,200 have been designated as  
               high-risk sex offenders (CDCR Housing Summit, March 2007).   
               Additionally, there are about 22,500 adult sex offenders  
               serving time in one of 32 state prisons operated by CDCR  
               (California Sex Offender Management Task Force Report, July  
               2007.)

             "While it is commonly believed that most sexual assaults are  
               committed by strangers, the research suggests that the  
               overwhelming majority of sex offenders victimize people  
               known to them; approximately 90% of child victims know  
               their offenders, as do 80% of adult victims [per  
               Kilpatrick, D.G., Edmunds, C.N., & Seymour, A.K. (1992)  
               Rape in America, A Report to the Nation, Arlington, VA  
               National Victim Center.)

             "The SOMB has produced a number of reports since its  
               inception:

               i)     "Progress Report, January 2009.

               ii)    "Adam Walsh Act Position Recommendation.

               iii)   "Homelessness Among Registered Sex Offenders in  
                 California:  The Numbers, the Risks and the Response,  
                 November 2008.

               iv)    "An Assessment of Current Management Practices of  
                 Adult Sex Offenders in California, January 2008.









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               v)     "GPS Response Letter to CDCR Secretary.  (All  
                 reports available on SOMB's Web site at  
                  http://www.casomb.org/reports.htm  .)"

           2)Background  :  As detailed in some of the statements in support  
            of this bill, the work of the SOMB appears to be well  
            respected and relied upon by a variety of sources, including  
            CDCR.  According to an article published January 14, 2009 by  
            the Gate House News Service, "CDCR works continuously and  
            aggressively to improve its policies on managing sex offenders  
            and frequently seeks input from the California Sex Offender  
            Management Board, which was created in 2006 to advise the  
            Legislature, the Governor, and CDCR in developing sound policy  
            and recommendations on sex offender management."  (CDCR Places  
            Entire Sex Offender Parolee Population on GPS Monitoring,"  
            January 14, 2009, )

          The Los Angeles Times noted that the SOMB "includes state and  
            local officials from law enforcement, judicial, and social  
            services backgrounds."  [Rothfeld, Panel:  Take Another Look  
            at Sex Offender Restrictions,", Los Angeles Times (January 14,  
            2009).]  See .]  This article  
            further notes that "California's Sex Offender Management Board  
            is urging lawmakers to reevaluate housing restrictions in  
            Jessica's Law that it says is costing the state millions" and  
            an apparent reference to the SOMB's December 2008 report,  
            Homelessness among Registered Sex Offenders in California:   
            The Numbers, The Risks, and the Response.

          It is apparent that SOMB's work receives attention from the  
            media; through that and other resources, the SOMB informs the  
            citizens of California of pending issues, problems and  
            potential resolutions.  

           3)Composition of the SOMB  :  SOMB's December report lists among  
            its members California judges, representatives from the  
            Attorney General and CDCR, public defenders, district  
            attorneys, probation officers, police department detectives,  
            and Ph.D.'s.  The above-referenced report on homelessness  
            indicates that the Division of Criminal Justice, California  
            State University Sacramento provided the researchers:  an  
            attorney as the principal investigator and two Ph.D.'s as  
            associate investigators.  The SOMB's Chair is the Executive  
            Director of the California Coalition Against Sexual Assault,  
            and the Vice-Chair represents the California Coalition on  








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            Sexual Offending.  

          The membership of the SOMB is set forth in the statute described  
            above.  Members are appointed, according to the statute, by  
            the Judicial Council, the Senate Committee on Rules, the  
            Speaker of the Assembly, and the Governor.  

           4)Arguments in Support  :

             a)   According to the  California Coalition Against Sexual  
               Assault  (the sponsor of this bill), "In 2006, the  
               California SOMB was created with the passage of AB 1015.   
               In light of the dramatic changes to sex offender policy at  
               hand, the legislature and the Governor agreed that such a  
               board would be absolutely necessary in order to ensure that  
               evidence based practices were promoted in California.   
               Moreover, the SOMB has been a forum for policy makers and  
               community members to voice concerns, learn about potential  
               solutions, and seek guidance from the broad range of  
               expertise afforded by such a group.

             "The purpose of the SOMB is to address issues, concerns, and  
               problems related to the community management of the state's  
               adult sex offenders, with a goal of safer communities and  
               reduced victimization.  After two years in existence, it is  
               apparent now, more than ever, that the SOMB is vital to  
               successful analysis and implementation of effective public  
               policy.  As an asset to legislators and other policy  
               makers, we wholeheartedly agree that such a board should  
               continue indefinitely and the sunset date should be  
               removed."

             b)   According to the  League of California Cities  , "Sex  
               offender management is a complicated issue for the state  
               and local agencies that poses serious questions of law  
               enforcement, community services, victims, and other public  
               safety stakeholders.  The League supports the efforts of  
               the SOMB to address issues, concerns, and problems related  
               to community management of adult sex offenders by  
               identifying and developing recommendations to improve  
               policies and practices.  The League values our involvement  
               with the SOMB and their work to identify possible solutions  
               to make California's cities a safer place to live."  

             c)   According to the  Assistant Secretary for Legislation,  








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               CDCR  , "Ongoing issues regarding the management of adult sex  
               offenders will continue well beyond SOMB's current sunset  
               date.  Permanent establishment of the SOMB will ensure that  
               there is ongoing dialogue, development of best practices in  
               adult sex offender management, and a thoughtful and  
               objective approach to the handling of sex offenders in  
               communities in a way that will lead to improved public  
               safety.  

             "The SOMB is composed of a successful cross-section of  
               members from different backgrounds and occupations, which  
               helps ensure that varying points of view on the management  
               of sex offenders are represented in public discussion.  SB  
               588 will allow for the continuation of the successful work  
               being conducted by the SOMB to improve public safety in  
               adult sex offender management."

             d)   According to the  Western Center on Law and Poverty  ,  
               "From its inception, the SOMB has grappled with the  
               extremely difficult problem of how to supervise, house, and  
               track sex offenders upon release from incarceration.  We  
               appreciate SOMB's expertise in the field, their data  
               collection and their thoughtful analyses, which have  
               illuminated possible solutions.  

             "We have had to oppose legislation for several years that  
               purports to 'solve' the problem of released offenders, but  
               simply shifts it to lower income neighborhoods and rural  
               areas, where our clients live.  Other efforts to 'solve'  
               the problem by extreme reliance on the not entirely  
               accurate Megan's Law website.  We believe the SOMB is the  
               best hope for designing a real solution."  

             e)   According to the Chief  Probation Officers of California  
               and the California Probation, Parole and Correctional  
               Association  , "The SOMB is tasked with addressing issues and  
               concerns related to the community management of the state's  
               adult sex offenders in order to enhance public safety and  
               reduce victimization.  We recognize the value that this  
               SOMB offers to both local and state governments and we  
               support the continued operation of their efforts."  

           5)Related Legislation  :  AB 505 (Furutani) deletes the SOMB  
            sunset date of January 1, 2010; and requires the SOMB to  
            conduct an assessment of the increasing number of unmonitored  








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            transient adult sex offenders residing in California  
            communities and the increasing clustering of the housing of  
            adult sex offenders and provide a report to the Legislature  
            and the Governor, as specified.  AB 505 is pending hearing by  
            this Committee.  

           6)Prior Legislation  :  AB 1015 (Chu) Chapter 338, Statutes of  
            2006, created the SOMB under CDCR's jurisdiction, with a  
            sunset date of January 1, 2010.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Coalition against Sexual Assault (Sponsor)
          California Department of Corrections
            and Rehabilitation (Co-Sponsor)
          California Probation, Parole and Correctional Association
          California Rural Legal Assistance
          California State Sheriffs' Association
          Chief Probation Officers of California
          Crime Victims United of California
          League of California Cities
          Los Angeles County District Attorney's Office
          Western Center on Law and Poverty

           Opposition 
           
          None

           
          Analysis Prepared by  :    Kathleen Ragan / PUB. S. / (916)  
          319-3744