BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1201| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1201 Author: DeSaulnier (D) Amended: 6/16/10 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Sex offender parolees: risk assessments SOURCE : Author DIGEST : This bill expressly requires that sex offender parolees transferred from other jurisdictions to the California Department of Corrections and Rehabilitation be risk assessed pursuant to the requirements of the California "State-Authorized Risk Assessment Tool for Sex Offenders," as specified. Assembly Amendments provide for the assessment by the Department of Justice. ANALYSIS : Current law generally authorizes the use of a "State-Authorized Risk Assessment Tool for Sex Offenders" (SARATSO) pursuant to the legislative finding that "a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders CONTINUED SB 1201 Page 2 residing in California communities is necessary to enhance public safety and reduce the risk of recidivism posed by these offenders." (Penal Code 290.03; 290.04.) Current law requires that the SARATSO be administered as follows: 1. The Department of Corrections and Rehabilitation (CDCR) 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. CDCR 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 assessed persons, as specified. 3. 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 assessed persons, as specified. 4. Commencing January 1, 2010, CDCR and the State Department of Mental Health shall send SARATSO scores 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. Each probation department shall assess every eligible person for whom it prepares a report, as specified. 6. Each probation department shall assess every eligible person under its supervision who was not assessed SB 1201 Page 3 previously, as specified. The assessment shall take place prior to the termination of probation, but no later than January 1, 2010. 7. Eligible persons not assessed, as specified, may be assessed as specified in the law. 8. "Eligible person" means a person who was convicted of an offense that requires him or her to register as a sex offender and who is eligible for assessment, as specified. 9. Persons authorized to perform risk assessments are immune from liability for good faith conduct under this act. (Penal Code 290.06.) This bill revises this provision to expressly require that CDCR also 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 a registerable sex offense, as specified. This required assessment must occur no later than 60 days after a determination by DOJ that the person is required to register as a sex offender. This bill also revises cross-references the "Sex Offender Registration Act" in the provisions of this section describing persons eligible for SARATSO assessments. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/18/10) Los Angeles County District Attorney's Office ARGUMENTS IN SUPPORT : According to the author's office: 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 SB 1201 Page 4 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 the California Department of Corrections and Rehabilitation 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 the supervision of the California Department of Corrections and Rehabilitation for over 10 years. SB 1201 requires that all parolees who are transferred from any other state or the federal government be assessed using the current risk assessment tool that is currently used for all California sex offenders. This will ensure that parole agents are aware of the risk of re-offending by all of their parolees, not just those released from California prisons. RJG:nl 8/18/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****