BILL NUMBER: SB 1201	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2010

   An act to amend Section 290.06 of the Penal Code, relating to sex
offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1201, as introduced, DeSaulnier. Sex offenders: assessments.
   Existing law requires that persons required to register as sex
offenders be subject to assessment by the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO), as specified. Existing
law requires the Department of Corrections and Rehabilitation and the
State Department of Mental Health to perform a risk assessment of
every eligible person under their jurisdiction, as specified.
   This bill would require the Department of Corrections and
Rehabilitation to assess every person on parole transferred from any
other state or by the federal government to this state who has been,
or is hereafter convicted in any other court, including any state,
federal, or military court, of any offense that, if committed or
attempted in this state, would require the person to register as a
sex offender, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 290.06 of the Penal Code is amended to read:
   290.06.   Effective on or before July 1, 2008, the
  The  SARATSO, as set forth in Section 290.04,
shall be administered as follows:
   (a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
   (2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203. 
   (3) The department shall assess every person on parole transferred
from any other state or by the federal government to this state who
has been, or is hereafter convicted in any other court, including any
state, federal, or military court, of any offense that, if committed
or attempted in this state, would have been punishable as one or
more of the offenses described in subdivision (c) of Section 290.
 
   (3) 
    (4)  The State Department of Mental Health shall assess
every eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203. 
   (4) 
    (5)  Commencing January 1, 2010, the Department of
Corrections and Rehabilitation and the State Department of Mental
Health shall send the scores obtained in accordance with paragraphs
(2)  and   ,  (3)  respectively
 ,  and (4)  to the Department of Justice Sex
Offender Tracking Program not later than 30 days after the date of
the assessment. The risk assessment score of an offender shall be
made part of his or her file maintained by the Department of Justice
Sex Offender Tracking Program as soon as possible without financial
impact, but no later than January 1, 2012. 
   (5) 
    (6)  Each probation department shall assess every
eligible person for whom it prepares a report pursuant to Section
1203. 
   (6) 
    (7)  Each probation department shall assess every
eligible person under its supervision who was not assessed pursuant
to paragraph (5). The assessment shall take place prior to the
termination of probation, but no later than January 1, 2010.
   (b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
   (1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
   (2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
   (c) On or before January 1, 2008, the SARATSO Review Committee
shall research the appropriateness and feasibility of providing a
means by which an eligible person subject to assessment may, at his
or her own expense, be assessed with the SARATSO by a governmental
entity prior to his or her scheduled assessment. If the committee
unanimously agrees that such a process is appropriate and feasible,
it shall advise the Governor and the Legislature of the selected
tool, and it shall post its decision on the Department of Corrections
and Rehabilitation's Internet Web site. Sixty days after the
decision is posted, the established process shall become effective.
   (d) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to Section 290 and who is eligible for
assessment, pursuant to the official Coding Rules designated for use
with the risk assessment instrument by the author of any risk
assessment instrument (SARATSO) selected by the SARATSO Review
Committee.
   (e) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.