BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1062| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1062 Page 2 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. SB 1062 Page 3 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. SB 1062 Page 4 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 SB 1062 Page 5 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. SB 1062 Page 6 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 SB 1062 Page 7 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 **** END **** SB 1062 Page 8