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;








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             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
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          "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.)









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             "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 

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