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:  8/20/10
          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 

           SENATE FLOOR  :  30-0, 05/10/10 (Consent) 
          AYES:  Aanestad, Alquist, Ashburn, Calderon, Cedillo,  
            Cogdill, Correa, Cox, DeSaulnier, Ducheny, Florez,  
            Hancock, Hollingsworth, Huff, Kehoe, Leno, Lowenthal,  
            Negrete McLeod, Padilla, Pavley, Price, Romero, Runner,  
            Simitian, Steinberg, Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham, Dutton, Harman, Liu,  
            Oropeza, Strickland, Wiggins, Vacancy, Vacancy

           ASSEMBLY FLOOR  :  78-0, 8/25/10 - See last page for vote


           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  
                                                           CONTINUED





                                                               SB 1201
                                                                Page  
          2

          California "State-Authorized Risk Assessment Tool for Sex  
          Offenders," as specified. 

           Assembly Amendments  provide for the assessment by the  
          Department of Justice, and add double-jointing language.

          Note:This bill passed the Assembly (75-0) on 8/17/10, but  
          was returned to
               add double-jointing language.

           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  
          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.  


                                                           CONTINUED





                                                               SB 1201
                                                                Page  
          3

          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  
             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  

                                                           CONTINUED





                                                               SB 1201
                                                                Page  
          4

          describing persons eligible for SARATSO assessments.

          This bill is double-jointed with AB 1844 (Fletcher) and AB  
          1062 (Strickland).

           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  
               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  

                                                           CONTINUED





                                                               SB 1201
                                                                Page  
          5

               risk of re-offending by all of their parolees, not  
               just those released from California prisons.


           ASSEMBLY FLOOR  :  
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gatto,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, Norby, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED: Vacancy, Vacancy


          RJG:nl  8/26/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****



















                                                           CONTINUED