BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1253|
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                                 THIRD READING


          Bill No:  SB 1253
          Author:   Strickland (R)
          Amended:  4/27/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright


           SUBJECT  :    Sex offenders:  conditions of probation

           SOURCE  :     California State Sheriffs Association


           DIGEST  :    This bill prohibits the narrow category of sex  
          offenders currently eligible for probation from being  
          placed or residing, for the duration of the probation term,  
          within one-half mile of the child victim's residence, as  
          specified.  

           ANALYSIS  :    Current law generally prohibits probation for  
          certain sex crimes, as specified.  (Section 1203.066 of the  
          Penal Code)

          Current law authorizes an exception to this general rule  
          and allows probation to be granted in specified  
          intrafamilial sex crimes, only if the following terms and  
          conditions are met:

          1. If the defendant is a member of the victim's household,  
             the court finds that probation is in the best interest  
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             of the child victim.

          2. The court finds that rehabilitation of the defendant is  
             feasible and that the defendant is amenable to  
             undergoing treatment, and the defendant is placed in a  
             recognized treatment program designed to deal with child  
             molestation immediately after the grant of probation or  
             the suspension of execution or imposition of sentence.

          3. If the defendant is a member of the victim's household,  
             probation shall not be granted unless the defendant is  
             removed from the household of the victim until the court  
             determines that the best interests of the victim would  
             be served by his/her return.  While removed from the  
             household, the court shall prohibit contact by the  
             defendant with the victim, with the exception that the  
             court may permit supervised contact, upon the request of  
             the director of the court-ordered supervised treatment  
             program, and with the agreement of the victim and the  
             victim's parent or legal guardian, other than the  
             defendant.

          4. The court finds that there is no threat of physical harm  
             to the victim if probation is granted.  (Section  
             1203.066(d) of the Penal Code (emphasis added).)

          This bill adds to these provisions a requirement providing  
          that if the defendant is not a member of the victim's  
          household, the court shall prohibit the defendant from  
          being placed or residing within one-half mile of the child  
          victim's residence for the duration of the probation term  
          unless the court, on the record, states its reasons for  
          finding that this residency restriction would not serve the  
          best interest of the victim that the court prohibit the  
          defendant from being placed or residing, for the duration  
          of the probation term, within one-half mile of the child  
          victim's residence.
           
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/27/10)

          California State Sheriffs' Association (source)







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           ARGUMENTS IN SUPPORT  :    The author states:

            "Current law prohibits specified defendants who are  
            convicted of lewd or lascivious acts on a child or  
            continuous sexual abuse of child from being granted  
            probation.  If the defendant is eligible for probation,  
            then probation is granted only if certain terms and  
            conditions are met.  These terms and conditions do not  
            currently prohibit the defendant from living near their  
            child victim.

            "If this same defendant is convicted and granted parole,  
            current law does allow for a residence restriction to be  
            imposed.  An offender, who is found to be a high risk by  
            the Department of Corrections, shall not be placed or  
            reside within 1/2 mile of any school.
             
            "These children have already suffered unimaginable harm,  
            regardless of whether the offender is convicted of a  
            misdemeanor or a felony.  The children should not be  
            further traumatized and forced to live near their  
            attacker.  We should do everything possible to ensure the  
            safety of the victim and restore their sense of security  
            in the neighborhood. ?
             
            "[This bill] Prohibits a defendant convicted of lewd or  
            lascivious acts on a child or continuous sexual abuse of  
            a child from being placed or residing, for the duration  
            of the probation term, within 1/2 mile of the child  
            victim's residence."


          RJG:mw  4/27/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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