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 SB 588 Page 2 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 SB 588 Page 3 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. SB 588 Page 4 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 SB 588 Page 5 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, SB 588 Page 6 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 SB 588 Page 7 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