BILL ANALYSIS SB 1201 Page 1 SENATE THIRD READING SB 1201 (DeSaulnier) As Amended June 16, 2010 Majority vote SENATE VOTE :30-0 PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0 -------------------------------------------------------------------------------------------------------------------------------------------------- |Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, | |Nays: |> | | |Gilmore, Hill, Portantino | |Bradford, | | | | | | | |Charles Calderon, Coto, | | | | | | | |Davis, | | | | | | | |De Leon, Gatto, Hall, | | | | | | | |Harkey, Miller, Nielsen, | | | | | | | |Norby, Skinner, Solorio | | | | | | | |Torlakson, Torrico | | | | | | | | | | | | -------------------------------------------------------------------------------------------------------------------------------------------------- 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. 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. 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 SB 1201 Page 2 take place at least four months before release, but no sooner than 10 months before release. 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. 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. 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. 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. 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. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, minor absorbable annual General Fund costs to CDCR, which reports it currently oversees 71 parolees transferred to CDCR jurisdiction over the past several years. CDCR also states that employing SARATSO became current practice in the wake of the Garrido case (see below). COMMENTS : 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 SB 1201 Page 3 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. 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." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 FN: 0005387