BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1201
                                                                  Page  1

          Date of Hearing:   June 22, 2010
          Counsel:        Milena Nelson


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                  SB 1201 (DeSaulnier) - As Amended:  June 16, 2010
           

          SUMMARY  :   Requires the California Department of Corrections and  
          Rehabilitation (CDCR) to assess every person on parole  
          transferred from another jurisdiction who has been convicted of  
          an offense that if committed or attempted in California would  
          require him or her to register as a sex offender.     
          Specifically,  this bill  requires such an assessment be completed  
          within 60 days of determination by the Department of Justice  
          (DOJ) that the person is required to register as a sex offender.  
           

           EXISTING LAW  :

          1)Requires individuals convicted of specified crimes to register  
            with local law enforcement while living, working or attending  
            school in California.  (Penal Code Section 290.)

          2)Requires an individual convicted of a crime in any other court  
            of an offense that if committed in California, would require  
            registration as a sex offender to register with local law  
            enforcement while living, working or attending school in  
            California.  (Penal Code Section 290.005.)

          3)Requires CDCR to assess every person incarcerated in state  
            prison using the State-Authorized Risk Assessment Tool for Sex  
            Offenders (SARATSO).  Whenever possible, the assessment will  
            take place at least four months before release, but no sooner  
            than 10 months before release.  [Penal Code Section  
            290.06(a)(1).]

          4)Requires CDCR to assess every person who is on parole if that  
            person was not evaluated before release from state prison.   
            Whenever possible, the assessment will take place at least  
            four months before termination of parole, but no sooner than  
            10 months before termination of parole.  [Penal Code Section  
            290.06(a)(2).]








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          5)Requires the Department of Mental Health (DMH) to assess every  
            person committed to that department who has committed an  
            offense that requires him or her to register as a sex  
            offender.  Whenever possible, the assessment will take place  
            at least four months before release from commitment, but no  
            sooner than 10 months before release from commitment.  [Penal  
            Code Section 290.06(a)(3).]

          6)Requires CDCR and DMH to send the scores of individuals  
            assessed to the DOJ Sex Offender Tracking Program within 30  
            days of the assessment.  [Penal Code Section 290.06(a)(4).]

          7)Requires an individual, who is required to register as a sex  
            offender, to show proof of registration to his or her  
            probation officer within six working days of his or her  
            release on probation or parole.  [Penal Code Section  
            290.85(a).]

          8)Requires a parole agent or probation officer who supervises an  
            individual who is required to register as a sex offender to  
            notify that individual of his or her duty to register as a sex  
            offender no fewer than six days before that individual is  
            required to register as a sex offender.  [Penal Code Section  
            290.85(c).] 

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "Under current  
            law when a parolee is transferred from another state or by the  
            federal government to California, they are not required to  
            undergo the same risk assessment that all sex offenders who  
            are convicted in California must undergo.  This loophole in  
            current law was brought to light through the arrest of Phillip  
            Garrido who allegedly kidnapped and held Jaycee Duggard  
            captive for 18 years.  When Phillip Garrido's parole  
            supervision was transferred to CDCR from Nevada, he did not  
            receive any type of risk assessment.  If Phillip Garrido would  
            have been provided a risk assessment, which was finally done  
            after his arrest, his parole agent would have known that he  
            was at a high-risk of re-offending and the agent would have  
            been able to treat him accordingly.  This would have included  
            putting him on a high-risk sex offender caseload.   








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            Unfortunately, because of this loophole in current law,  
            Phillip Garrido was able to continue holding Jaycee Duggard  
            captive while under CDCR's supervision for over 10 years."

           2)Background:  Development of SARATSO:   According to the  
            California Sex Offender Management Board (SOMB),  "By statute  
            effective September 2006, the Legislature established a  
            statutory scheme for assessing all persons required to  
            register as sex offenders in California for risk of  
            reoffending. For each population of sex offenders-adult males,  
            adult females, juvenile males, and juvenile females-the  
            Legislature either selected, or established a means for  
            selecting, a State Authorized Risk Assessment Tool for Sex  
            Offenders, or SARATSO.  By statute, the SARATSO selected for  
            adult males is the Static-99 risk assessment instrument.  The  
            continued use of this instrument for adult males, and the  
            selection of instruments for the other populations, will be  
            determined by the SARATSO Review Committee.  The Committee,  
            which is composed of representatives from CDCR, DMH, and the  
            Attorney General's Office, is working in consultation with  
            experts in a variety of disciplines to ensure that, for each  
            population, the SARATSO is 'the most reliable, objective, and  
            well-established protocol[] for predicting sex offender risk  
            of recidivism.'  The law contemplates that, as of January 1,  
            2013, each person required to register as a sex offender in  
            California will have been assessed for his or her risk of  
            reoffending.  This information will be available to probation  
            offices, courts, correctional facilities, and law  
            enforcement."  [California Sex Offender Management Board, An  
            Assessment of Current Management Practices of Adult Sex  
            Offenders in California (January 2008).]  
           
           3)Assessment Tools Aid in the Development of Specialized Case  
            Plans Which Reduce Recidivism  :  Using an assessment tool such  
            as SARATSO can help the parole agent develop a specialized  
            case plan which can reduce the likelihood that an individual  
            will re-offend.  According to SOMB, "Case plans are of  
            paramount importance and should be initiated at the time the  
            supervising agency receives the case. Ideally a  
            multidisciplinary case management team comprised of the  
            supervising officer, treatment provider and victim advocate  
            and any other professional associated with offender management  
            should be involved in the development of the case plan.  A  
            comprehensive risk assessment tool should be administered to  
            assist in the development of the case plan . . . A clear  








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            understanding of these factors is important to the case agent  
            in order to address both temporary and long-standing risk  
            factors which have the potential to manifest themselves in a  
            new sexual offense if they are ignored or misunderstood."   
            [California Sex Offender Management Board, Making California  
            Communities Safer:  Evidence-Based Strategies for Effective  
            Sex Offender Management (July 2007).]

           4)Related Legislation  :  SB 325 (Alquist), Chapter 582, Statutes  
            of 2009, provided an additional protocol for an agency  
            administering SARATSO and believing that a score does not  
            represent the person's true risk level to submit the case to  
            experts, as specified, for possible override.  Additionally,  
            SB 325 required results from SARATSO assessments be sent to  
            the DOJ Sex Offender Trafficking within 30 days of assessment.  
             

           5)Prior Legislation  :  

             a)   SB 1128 (Alquist), Chapter 337, Statutes of 2006,  
               created the SARATSO, including its review committee, and  
               required all individuals subject to registration as a sex  
               offender be assessed with the SARATSO.  

             b)   SB 1253 (Alquist), of the 2007-2008 Legislative Session,  
               would have required the SARSTSO training committee to  
               monitor the consistency and quality of risk assessments,  
               and arrange for experts to train the persons responsible  
               for training the persons required to administer the  
               SARATSO.  Additionally, SB 1253 would have required the  
               results of the assessments be sent to the DOJ's Sex  
               Offender Tracking Program within 30 days of the assessment.  
                SB 1253 was vetoed.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Los Angeles County District Attorney's Office

           Opposition 
           
          None
           









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          Analysis Prepared by  :    Milena Nelson / PUB. S. / (916)  
          319-3744