BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1062 (Strickland)
          
          Hearing Date:  05/24/2010           Amended: 05/18/2010
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 1062 is the public safety omnibus bill of  
          non-controversial changes to statute that are primarily  
          technical and corrective. This bill also changes requirements on  
          county probation departments with regard to the State Authorized  
          Risk Assessment Tool for Sex Offenders (SARATSO), and  
          requirements on the Department of Justice (DOJ) to maintain  
          additional information.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions                   2010-11            2011-12          
               2012-13                      Fund
                                                                    
          State mandate: probation     Potentially significant  
          reimbursable costs                General

          Technical/clarifying code      Minor cost reduction from  
          streamlining tasks/code  General    
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.


          Existing law requires probation departments to administer a  
          SARATSO assessment on every eligible person for whom it prepares  
          a probation report. This bill would require a probation  
          department to perform an assessment on all eligible persons  
          under its jurisdiction whether or not it prepares a probation  
          report on that person, and would require that the assessment be  
          done prior to the person's sentencing. By requiring additional  
          SARATSO assessments by probation departments, this bill would  
          impose a state-mandated local program. This mandate would be  
          prospective, and the extent of the expense to county probation  










          departments for specifically administering a SARATSO to eligible  
          persons for whom a report will not be prepared is unknown. To a  
          large extent, this change is consistent with the current  
          practices of probation departments, but requiring the change in  
          statute imposes a reimbursable local mandate on county  
          probation, even if the departments were already administering  
          SARATSO assessments to the same individuals.

          This bill also expands the requirement that DOJ maintain files  
          of specified existing information to include information in  
          possession of the Department of Mental Health (DMH) and county  
          probation departments. This bill would require DMH and probation  
          departments, in addition to the agencies already subject to the  
          requirement, to provide criminal histories, Facts of Offense  
          Sheets, sex offender registration records, police reports,  
          probation and presentencing reports, judicial records and case  
          files, juvenile records, psychological evaluations and  
          psychological hospital reports, and sexually violent predator  
          treatment program reports to DOJ, upon request. Law enforcement  
          agencies generally have broad authority to share information,  
          and do share information with DOJ. By creating a new mandate, as  
          previously noted, the state could be required to reimburse  
          county probation departments for tasks they are already  
          completing 

          Page 2

          SB 1062 (Strickland)

          without a mandate. Additionally, requiring DOJ to maintain  
          additional information would likely result in additional  
          requests to county probation to share the information. 



          Existing law requires DOJ to provide a summary profile of a  
          sexual habitual offender to each law enforcement agency when an  
          individual registers in, or moves to, the area in which the law  
          enforcement agency is located. This bill would delete this  
          requirement and instead require DOJ to provide a bulletin to law  
          enforcement agencies on each high 

          risk sex offender via the California Sex Offender Registry and  
          the California Law Enforcement Web (CLEW). This change would  
          likely result in minor administrative savings to DOJ. Other  
          technical and clarifying changes enacted by this bill do not  










          appear to have a significant fiscal impact on the state.