BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 1062
          Author:   Strickland (R)
          Amended:  5/25/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  10-0, 5/27/10
          AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,  
            Walters, Wolk, Wyland, Yee
          NO VOTE RECORDED: Cox


           SUBJECT  :    Public safety omnibus bill

           SOURCE  :     California District Attorneys Association 


           DIGEST  :    This bill 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, and requirements on the Department of Justice to  
          maintain additional information.  This bill makes technical  
          and corrective changes to various code sections relating  
          generally to criminal justice laws, as specified.

          In past years, the omnibus bill has been introduced by all  
          members of the Committee on Public Safety.  This year, like  
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          last year, Senator Strickland is carrying the bill.  This  
          bill is similar to the ones introduced as Committee bills  
          in the past in that it has been introduced with the  
          following understanding:  (1) the bill's provisions make  
          only technical or minor changes to the law; and (2) there  
          is no opposition by any member of the Legislature or  
          recognized group to the proposal.
           
          This procedure has allowed for introduction of fewer minor  
          bills and has saved the Legislature time and expense.   

           ANALYSIS  :    Existing law provides the circumstances in  
          which a local or state government agency may procure the  
          financial records of an individual in the course of a  
          criminal or civil investigation and specifies certain  
          instances where the dissemination of financial records may  
          be required by an order by a judge.  Under existing law, a  
          court may order the production of relevant records in the  
          possession of a real estate recordholder upon the ex parte  
          application by a peace officer stating the records are  
          relevant to an ongoing felony fraud investigation.

          This bill states that the provisions of existing law  
          regarding the procurement of financial records by the  
          government do not prohibit the production of real estate  
          documents upon the ex parte application of a peace officer  
          during the course of the felony fraud investigation.

          Existing law, the Trial Court Facilities Act of 2002,  
          provides for the transfer of the responsibility of a county  
          to provide necessary and suitable court facilities by  
          authorizing the transfer of the responsibility from a  
          county to the Judicial Council.  The act, in order to  
          facilitate the transfer of facilities, establishes the  
          Transitional State Court Facilities Construction Fund in  
          the State Treasury to finance the bonded indebtedness  
          associated with certain court facilities transferred to the  
          Judicial Council pursuant to the act.

          This bill repeals the provision establishing the  
          Transitional State Court Facilities Construction Fund and  
          would delete provisions of existing law providing for a  
          reduction in court construction penalties for the amounts  
          collected for transmission to that fund.







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          Under existing law, persons convicted of specified drug  
          offenses are subject to a separate consecutive three-year  
          term of imprisonment for each prior conviction of an  
          offense in a list of similar drug offenses.

          This bill expands these lists of drug offenses.

          Existing law requires every person required to register as  
          a sex offender to be subject to assessment by the  
          State-Authorized Risk Assessment Tool for Sex Offenders  
          (SARATSO).  Existing law requires probation departments to  
          do a SARATSO assessment on every eligible person for whom  
          it prepares a probation report.

          This bill requires probation departments to perform an  
          assessment on eligible persons whether or not it prepares a  
          probation report on that person, and requires that the  
          assessment be done prior to the person's sentencing.

          Existing law requires persons placed on probation to be  
          under the supervision of a county probation officer.   
          Existing law requires the probation department to compile a  
          Facts of Offense Sheet, which includes the probationer's  
          criminal history and the results of his or her SARATSO  
          assessment, for every person who has been referred to the  
          department who has been convicted of an offense that  
          requires registration under the Sex Offender Registration  
          Act.  Existing law requires that the Facts of Offense Sheet  
          be included in the probation officer's report and requires  
          the probation officer to send a copy of the Facts of  
          Offense Sheet to the Department of Justice Sex Offender  
          Tracking Program.  Existing law requires that the Facts of  
          Offense Sheet be made part of the registered sex offender's  
          file maintained by the Department of Justice Sex Offender  
          Tracking Program.

          This bill deletes the requirement that the probation  
          officer send a copy of the Facts of Offense Sheet to the  
          Department of Justice Sex Offender Tracking Program and  
          instead require the probation officer to send the Facts of  
          Offense Sheet to the Department of Justice High Risk Sex  
          Offender Program.








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          Under existing law the pimping of, or the pandering of, a  
          minor is a felony.  Existing law imposes a higher triad of  
          sentences if the minor is under 16 years of age than if the  
          minor is over 16 years of age but does not specify the  
          possible sentences if the minor is exactly 16 years of age.

          This bill clarifies that if the minor victim is exactly 16  
          years of age or older, the lower triad of sentences  
          applies.

          Existing law makes it a crime to possess a firearm if the  
          person knows he or she is prohibited from doing so by the  
          provisions of specified protective orders.

          This bill applies these provisions to a protective order  
          sought by an officer of a postsecondary educational  
          institution where a student has suffered a credible threat  
          of violence.

          Two existing provisions of law both enact the California  
          Community Corrections Performance Incentives Act.  One of  
          these provisions includes a victim representative on a  
          local advisory panel created by the act.

          This bill repeals the version of the act that does not  
          include the victim representative in its provisions.

          Existing law authorizes each county to establish a  
          Community Corrections Performance Incentives Fund (CCPIF)  
          and authorizes the state to annually allocate money into  
          the State Corrections Performance Incentives Fund to be  
          used for purposes relating to improving local probation  
          supervision practices and capacities.  Existing law  
          requires the Director of Finance, in consultation with the  
          Department of Corrections and Rehabilitation, the Joint  
          Legislative Budget Committee, the Chief Probation Officers  
          of California, and the Administrative Office of the Courts,  
          to calculate the amount of money to be appropriated from  
          the state fund into the CCPIF.  Under existing law the  
          calculation is based on costs avoided by the Department of  
          Corrections and Rehabilitation because of a reduction in  
          the percentage of adult probationers sent to prison for  
          probation failure.  Under existing law this calculation  
          includes a statewide probation failure rate, calculated as  







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          the total number of adult felony probationers statewide  
          sent to prison in the previous year as a percentage of the  
          statewide adult felony population as of June 30 of the year  
          that the calculation is being performed, and the probation  
          failure rate for each county, calculated as the number of  
          adult probationers sent to prison from each county in the  
          previous year as a percentage of the county's adult felony  
          probation population as of June 30 of the year that the  
          calculation is being performed.

          This bill requires that the statewide and county probation  
          failure rates be calculated as the number of adult felony  
          probationers sent to prison statewide, and by each county,  
          in the previous year as a percentage of the statewide or  
          county's average adult felony probation population for that  
          year.

          Under existing law, the service of a subpoena by mail or  
          messenger is effected if and when the recipient  
          acknowledges receipt of the subpoena.  Under existing law  
          acknowledgment may be made by telephone, mail, or in  
          person.

          This bill includes e-mail or an online form provided by the  
          sender of the subpoena as an acceptable means of  
          acknowledging the receipt of a subpoena for purposes of  
          affecting service, and requires the sender of the subpoena  
          to retain any acknowledgment received by these methods  
          until the court date for which the subpoena was issued, or  
          a later date if specified by the court.

          Existing law, subject to the availability of funds,  
          establishes the Sexual Habitual Offender Program in the  
          Department of Justice and requires that it evaluate the  
          number of arrests and convictions of sex offenses and the  
          length of sentences for repeat offenders.  Existing law  
          defines a "sexual habitual offender" for purposes of the  
          act as a person who has been convicted of 2 or more violent  
          offenses against a person involving force or violence which  
          include at least one sex offense, or as a person who has  
          committed a crime which requires registration under the Sex  
          Offender Registration Act and who has additional felony or  
          misdemeanor arrests on his or her criminal record, as  
          specified.







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          This bill recasts the Sexual Habitual Offender Program as  
          the High Risk Sex Offender Program.  This bill deletes the  
          requirement that the program evaluate the number of arrests  
          and convictions of sex offenses and the length of sentences  
          for repeat offenders and would instead require the program  
          to receive Facts of Offenses Sheets and use the scores of  
          sex offenders reported on the sheets for identifying,  
          assessing, monitoring, and containing sex offenders at high  
          risk of reoffending.  This bill deletes the definition of a  
          "sexual habitual offender" for purposes of the program and  
          replace it with "high risk sex offender" and defines a high  
          risk sex offender as any person who is required to register  
          under the Sex Offender Registration Act and who has been  
          assessed with a score equivalent to "high risk" on the  
          SARATSO, or who has been identified as being at a high risk  
          of reoffending by the Department of Justice based on the  
          person's SARATSO score when considered in combination with  
          unspecified empirically based risk factors.

          Existing law requires the Department of Justice to  
          establish and maintain a comprehensive file of existing  
          information maintained by law enforcement agencies, the  
          Department of Corrections and Rehabilitation, the  
          Department of Motor Vehicles, and the Department of  
          Justice.  Existing law allows the Department of Justice to  
          request existing information from these agencies regarding  
          sexual habitual offenders and requires these agencies, when  
          requested, to provide copies of the information.

          This bill expands the requirement that the Department of  
          Justice maintain files of existing information maintained  
          by the above agencies to include the State Department of  
          Mental Health and probation departments.  This bill  
          requires the State Department of Mental Health and  
          probation departments, in addition to the agencies already  
          subject to the requirement, to provide existing information  
          to the Department of Justice upon request regarding high  
          risk sex offenders.  By requiring probation departments to  
          submit existing information upon the request of the  
          Department of Justice, this bill imposes a state-mandated  
          local program.

          Under existing law, the Department of Justice is required  







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          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 deletes this requirement and instead requires the  
          Department of Justice 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.

          This bill makes various technical corrections.

          The bill provides that any section of any act, other than  
          SB 1330, enacted by the Legislature during the 2010  
          calendar year that takes effect on or before January 1,  
          2011, and that affects a provision of this act would  
          prevail over this act.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee: 

                          Fiscal Impact (in thousands)

           Major Provisions                          2010-11          
           2011-12          2012-13                         Fund  
          State mandate: probation                                
          Potentially significant reimbursable costs                   
                General
          Technical/clarifying codeMinor cost reduction from  
          streamlining tasks/code   General

           SUPPORT  :   (Verified  5/27/10)

          California District Attorneys Association (source)


          RJG:nl  5/28/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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