BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1201
                                                                  Page  1

          SENATE THIRD READING
          SB 1201 (DeSaulnier)
          As Amended  August 20, 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  
            take place at least four months before release, but no sooner  








                                                                  SB 1201
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            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  
          allegedly kidnapped and held Jaycee Duggard captive for 18  
          years.  When Phillip Garrido's parole supervision was  








                                                                  SB 1201
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          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 
           
           
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