BILL ANALYSIS SB 588 Page 1 SENATE THIRD READING SB 588 (Public Safety Committee) As Introduced February 27, 2009 Majority vote SENATE VOTE :39-0 PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Arambula, Hagman, |Ayes:|De Leon, Conway, Ammiano, | | |Ammiano, Furutani, | | | | |Gilmore, Hill, Ma | |Charles Calderon, Coto, | | | | |Davis, | | | | |Fuentes, Hall, Harkey, | | | | |Miller, | | | | |Nielsen, John A. Perez, | | | | |Skinner, | | | | |Solorio, Audra | | | | |Strickland, Torlakson, | | | | |Hill | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Eliminates the January 1, 2010 sunset date of the Sex Offender Management Board (SOMB). EXISTING LAW : 1)Establishes the SOMB under the jurisdiction of the California Department of Corrections and Rehabilitation (CDCR). 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. 3)Requires that each member of the SOMB, regardless of the appointing authority, shall have the following characteristics: a) Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her own agency's practices; SB 588 Page 2 b) Decision-making authority for, or direct access to those who have decision-making authority for, the agency or constituency he or she represents; and, 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 non-governmental agencies who are mental health professionals and recognized experts in the field of sexual assault and its victims. 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. 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. 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. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, according to CDCR, which administers the SOMB, in 2008-09 the General Fund cost of the SOMB was about $600,000, primarily to staff the SOMB and conduct research. Current law authorizes the SOMB to hire a coordinator and other staff "as funding permits." COMMENTS : 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. SB 588 Page 3 "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 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.) SB 588 Page 4 "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. v) "GPS Response Letter to CDCR Secretary. (All reports available on SOMB's Web site at http://www.casomb.org/reports.htm.)" Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Kathleen Ragan / PUB. S. / (916) 319-3744 FN: 0002562