BILL ANALYSIS Ó
AB 625
Page 1
Date of Hearing: April 26, 2011
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 625 (Ammiano) - As Amended: March 31, 2011
SUMMARY : Establishes a three-tiered registration system for
sex offenders for periods of 10 years, 20 years, or life.
Specifically, this bill :
1)Defines "SARATSO" as the State-Authorized Risk Assessment Tool
for Sex Offenders.
2)Defines "violent registerable offense" as an offense that is
both a registerable offense as a sex offense and a violent
felony as defined in "Three Strikes" law.
3)Defines "initial registration date" as either the date the
person was released from prison after incarceration for
conviction of a registerable offense, or the date of
conviction for a registerable offense for a person who was not
sentenced to prison.
4)Provides that every sex offender registrant shall be required
to register as tier one, tier two or tier three. For a period
commencing on that person's initial registration date, the
person shall remain a registrant for a period of 10 years, 20
years, or life, depending on which of the three tiers the
offender is placed.
a) A tier one registrant shall be subject to registration
requirements for a period of 10 years. Tier one
registrants meet the following requirements:
i) Tier one registrants were convicted of a
registerable offense that is not a violent offense.
ii) The person's SARATSO is low, low-moderate, or
moderate, or the person is not eligible for assessment
under applicable specified codes.
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iii) For a period of 10 years, commencing with the
person's initial registration date, the person is not
convicted of a registerable offense or a violent felony.
iv) For a period of 10 years, commencing with the
person's initial registration date, the person is not
convicted of more than one specified felony.
b) A tier two registrant shall be subject to the
registration requirements for a period of 20 years. A
person is a tier two registrant when the following
conditions apply:
i) The person's score on the SARATSO was moderate-high
risk. The person was convicted of a violent registerable
offense, or the person was convicted of molestation.
ii) For a period of 20 years, commencing with the
person's initial registration date, the person is not
convicted of a registerable offense or a violent felony.
iii) For a period of 20 years, commencing with the
person's initial registration date, the person is not
convicted of more than one specified felony.
iv) The person was a tier one offender, but was
convicted of more than one specified felony, or was
convicted of a registerable offense or a violent felony
within 10 years of the person's initial registration
date.
c) A tier three registrant shall be subject to the
registration requirements for life. A person is the tier
three registrant if any the following conditions apply:
i) The person's score on the SARATSO is high risk.
ii) Within 20 years of the person's initial registration
date, the person is convicted of a violent registerable
offense.
iii) The person has at any time been committed to a state
mental hospital as a sexually violent predator (SVP).
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iv) The person was a tier two registrant and
subsequently was convicted of more than one specified
felony, or the person was convicted of any specified
registerable offense after becoming a tier two offender
after having previously been a tier one offender.
5)States that persons required to register as tier two offenders
may, by filing an application, petition the Department of
Justice (DOJ) for tier one status if the person was convicted
of a registerable offense against no more than one victim 12
to 17 years of age and the person was not more than 10 years
older than the victim and the act was illegal due solely to
the age of the minor. If DOJ determines that the person meets
the requirements for tier one status, DOJ shall grant the
petition.
EXISTING LAW :
1)Requires persons convicted of specified sex offenses to
register for life, or reregister if the person has been
previously registered, upon release from incarceration,
placement, commitment, or release on probation. States that
the registration shall consist of all of the following ÝPenal
Code Section 290.015(a)]:
a) A statement signed in writing by the person, giving
information as shall be required by DOJ and giving the name
and address of the person's employer, and the address of
the person's place of employment, if different from the
employer's main address;
b) Fingerprints and a current photograph taken by the
registering official;
c) The license plate number of any vehicle owned by,
regularly driven by or registered in the name of the
registrant;
d) Notice to the person that he or she may have a duty to
register in any other state where he or she may relocate;
and,
e) Copies of adequate proof of residence, such as a
California driver's license or identification card, recent
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rent or utility receipt or any other information that the
registering official believes is reliable.
2)States every person who is required to register, as specified,
who is living as a transient shall be required to register for
the rest of his or her life as follows:
a) He or she shall register, or reregister if the person
has previously registered, within five working days from
release from incarceration, placement or commitment, or
release on probation, pursuant to Penal Code Section
290(b), except that if the person previously registered as
a transient less than 30 days from the date of his or her
release from incarceration, he or she does not need to
reregister as a transient until his or her next required
30-day update of registration. If a transient is not
physically present in any one jurisdiction for five
consecutive working days, he or she shall register in the
jurisdiction in which he or she is physically present on
the fifth working day following release, as specified.
Beginning on or before the 30th day following initial
registration upon release, a transient shall reregister no
less than once every 30 days thereafter. A transient shall
register with the chief of police of the city in which he
or she is physically present within that 30-day period, or
the sheriff of the county if he or she is physically
present in an unincorporated area or city that has no
police department, and additionally, with the chief of
police of a campus of the University of California, the
California State University, or community college if he or
she is physically present upon the campus or in any of its
facilities. A transient shall reregister no less than once
every 30 days regardless of the length of time he or she
has been physically present in the particular jurisdiction
in which he or she reregisters. If a transient fails to
reregister within any 30-day period, he or she may be
prosecuted in any jurisdiction in which he or she is
physically present.
b) A transient who moves to a residence shall have five
working days within which to register at that address, in
accordance with Penal Code Section 290(b). A person
registered at a residence address in accordance with that
provision who becomes transient shall have five working
days within which to reregister as a transient in
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accordance with existing law.
c) Beginning on his or her first birthday following
registration, a transient shall register annually, within
five working days of his or her birthday, to update his or
her registration with the entities described in existing
law. A transient shall register in whichever jurisdiction
he or she is physically present on that date. At the 30-day
updates and the annual update, a transient shall provide
current information as required on the DOJ annual update
form, including the information.
d) A transient shall, upon registration and
re-registration, provide current information as required on
the DOJ registration forms, and shall also list the places
where he or she sleeps, eats, works, frequents, and engages
in leisure activities. If a transient changes or adds to
the places listed on the form during the 30-day period, he
or she does not need to report the new place or places
until the next required re-registration. ÝPenal Code
Section 290.011(a) to (d).]
3)Provides that willful violation of any part of the
registration requirements constitutes a misdemeanor if the
offense requiring registration was a misdemeanor, and
constitutes a felony of the offense requiring registration was
a felony or if the person has a prior conviction of failing to
register. ÝPenal Code Section 290.018(a)(b).]
4)Provides that within three days thereafter, the registering
law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the DOJ. ÝPenal Code Section 290.015(b).]
5)States that a misdemeanor failure to register shall be
punishable by imprisonment in a county jail not exceeding one
year, and a felony failure to register shall be punishable in
the state prison for 16 months, 2 or 3 years. ÝPenal Code
Section 290.018(a)(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 625 creates
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a three-tier registration system for persons required to
register under the state Sex Offender Registration Act based
on the crime of conviction, criminal history, and other risk
factors so that the state and local governments can
concentrate on more closely monitoring high and moderate risk
sex offenders.
"California is one of the few states that requires lifetime
registration with no discernment for the type of offense, and
California also does not allow people to petition for removal
from the list even when their offenses are not sexually
violent or predatory, and they have no other violations. This
one-size-fits-all approach puts a strain on state and local
resources, casts all registrants in the same predatory mold,
and perpetuates misinformation.
"This bill replaces the existing mandatory lifetime registration
requirements for persons convicted of specified sex crimes and
instead establishes three tiers of registration for periods of
10 years, 20 years, and life."
2)Background : According to background material supplied by the
author, "California has the largest number of registered sex
offenders of any state in the United States with approximately
90,000 total registered sex offenders, 68,000 of whom are in
the community. This is due to the relatively large
population, retroactive registration, lifetime registration,
and the number of qualifying offenses.
"California is one of the few states that requires lifetime
registration with no discernment for the type of offense.
While this allows the public to see a majority of offenders,
the public and local law enforcement have no way of
differentiating between higher and lower risk sex offenders.
This one-size-fits-all registration system makes it difficult
for law enforcement to concentrate scarce resources and
supervision on dangerous offenders, and those who are at
higher risk of committing another sex crime."
3)Three Tiers : Under this bill, three tiers will be created
delineating three separate categories of sex offender
registrants based on their danger to the community, criminal
history, and the underlying offense which placed them
originally on the registry. The tiers can be generally
summarized as follows.
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a) Tier 1 Offender: 10-Year Registration Period :
i) No violent offenses.
ii) Risk assessment is low, low-moderate, or moderate;
or not eligible for assessment.
iii) No sex or violent offenses for 10 years.
iv) No more than one felony for 10 years.
v) Also includes non-sex crimes committed as a result
of sexual compulsion or gratification unless the court
finds that Tiers 2 or 3 are more appropriate.
b) Tier 2 Offender: 20-Year Registration Period :
i) Conviction of a violent sex offense, child
molestation, or risk assessment of moderate-high.
ii) Tier 1 Offenders with more than one felony
conviction, a sex crime conviction, or a violent felony
conviction within 10 years of the initial registration
date.
iii) No violent sex offenses for 20 years.
iv) No felony offenses for 20 years.
v) Also includes non-sex crimes that were committed as
a result of sexual compulsion or gratification where the
court finds Tier 2 an appropriate level of registration.
c) Tier 3 Offender: Lifetime Registration :
i) Any SVP or mentally disordered sex offender.
ii) Risk assessment is high.
iii) Conviction of a violent sex offense within 20 years
of the initial registration date.
iv) Tier 2 Offenders with a subsequent felony violation,
or any violation of this act after being a Tier 1
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Offender.
v) Also includes non-sex crimes committed as a result
of sexual compulsion or gratification where the court
finds Tier 3 an appropriate level of registration.
4)California's Sex Offender Management Board's Background : On
September 20, 2006, Governor Arnold Schwarzenegger signed
Assembly Bill 1015, which created the California Sex Offender
Management Board. AB 1015 had been introduced by Assembly
Members Judy Chu and Todd Spitzer and passed the California
Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and
has had lifetime registration for its convicted sex offenders
since 1947, California has more registered sex offenders than
any other state with about 88,000 identified sex offenders
(per DOJ, August 2007). Currently, the California Department
of Corrections and Rehabilitation (CDCR) supervises about
10,000 of those 88,000 sex offenders, of which about 3,200
have been designated as "high-risk sex offenders". (CDCR
Housing Summit, March 2007). Additionally, there are about
22,500 adult sex offenders serving time in one of 32 state
prisons operated by CDCR (California Sex Offender Management
Task Force Report, July 2007).
While it is commonly believed that most sexual assaults are
committed by strangers, the research suggests that the
overwhelming majority of sex offenders victimize people known
to them; approximately 90% of child victims know their
offenders, as do 80% of adult victims Ýper Kilpatrick, D.G.,
Edmunds, C.N., & Seymour, A.K. Rape in America: A Report to
the Nation (1992). Arlington, VA: National Victim Center.]
5)Recommendations by the Sex Offender Management Board : In its
most recent report, the California Sex Offender Management
Board made the following recommendations regarding a tiered
registration system in California:
" Recommended Changes to California Law on Sex Offender
Registration and Internet Notification . It's recommended that
California amend its law on duration of registration, which
should depend on individual risk assessment, history of
violent convictions, and sex offense recidivism. The proposed
changes to California law take into consideration the
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seriousness of the offender's criminal history, the
empirically assessed risk level of the offender, and whether
the offender is a recidivist or has violated California's sex
offender registration law. Duration of registration would
range from ten (10) years to lifetime (10/20/life). For
purposes of the tiering scheme, Penal Code section 667.5 lists
violent offenses, including violent sexual offenses.
(Appendix B).
" Tier 1: Register for 10 years : Low to moderate risk score on
the Static-99 (score 0-3); sex offense was not a violent
offense or a violation of Penal Code section 647.6; no new sex
offense or any violent offense was committed within 10 years
of release from custody or after release on probation on the
registrable sex offense; no conviction for violation of the
Sex Offender Registration Act ('SORA' - Pen. Code, §§
290-290.023).
" Tier 2: Register for 20 years : Moderate to high risk (score
4-5), or person who committed a violent sex offense or
violation of Penal Code section 647.6, and has been released
from custody or released on probation for 20 years; no new
violent sex offense was committed within 20 years of release
from custody or release on probation on the registrable
offense; no conviction for violation of the Sex Offender
Registration Act ('SORA' - Pen. Code, §§ 290-290.023).
" Tier 3: Register for Life : High risk score on the Static-99
(6 and above), or a person who is a recidivist, defined as a
person who has two or more convictions, brought and tried
separately, for violent sex offenses; or a person who was ever
committed as a sexually violent predator pursuant to Welfare
and Institutions Code section 6600, et seq. Petition for Tier
1 Status for Romeo and Juliet Offenders Low to moderate risk
offenders (Static-99 scores 0-3) convicted of registrable sex
offenses against no more than one minor victim age 13-17, who
were no more than seven (7) years older than the minor at the
time of the offenses, can petition the court for tier 1
status. The offender must show that the offense was consensual
in order to be granted tier 1 status. NOTE: S.B. 325,
pending in the 2009 legislative session, would allow
registered sex offenders to request a Static-99 score by
submitting a request to the registering agency. The score must
either be determined by Probation, or by qualified law
enforcement personnel who have received training from a
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SARATSO trainer.
"Risk assessment research on sex offenders tells us that
successful completion of a specific sex offender treatment
program indicates the offender is at lower risk to re-offend;
and cooperation on supervision is a dynamic risk assessment
factor indicating less risk of re-offense. However, today
there is no sex offender treatment being offered in California
prisons, and there are differing opportunities for treatment
for offenders on probation and parole. Fiscal problems have
ended a number of treatment options at the time of this
report. Further, at this time California has no statute
requiring credentialing of sex offender treatment providers,
meaning that when treatment is offered the state has no way Of
verifying that the treatment methods used are appropriate and
the treatment provider is competent and well-trained.
"At some future date, when California offers sex offender
treatment to all sex offenders, and when sex offender
treatment providers are required to be credentialed by the
state, policy makers may want to consider making successful
completion of treatment a factor in determining duration of
registration. Similarly, if information on supervision
cooperation is incorporated in the state sex offender registry
at some future date, policy makers may want to consider
whether successful completion of probation or parole should
also factor into the duration of registration requirements.
"The committee recommends that changes to California law on
registration apply prospectively. Probation did not begin to
score all sex offenders pre-sentencing until July 1, 2008.
Parole began to score all sex offenders prior to release from
prison in 2006. For purposes of tier determinations, the
pre-sentencing Static-99 score must be used--re-scoring will
not be available. However, registrants who do not have
Static-99 score which was computed pre-sentencing on or after
July 1, 2008, may use a Static-99 score which was done by
Parole prior to release from prison on or after January 1,
2006. Other registered sex offenders, who do not have a
pre-sentencing score or a score done prior to release on
Parole after 2005, may request to be scored through their
registering law enforcement agency for purposes of determining
tier level. Those offenders who were not scored
pre-sentencing or on release from prison in 2006 or afterward,
and who do not request a score, will remain in the lifetime
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registration tier. Since no SARATSO instrument is currently
available for scoring female sex offenders, tier level will be
determined by utilizing the other factors in each tier,
without regard to risk assessment scores.
"We also recommend posting all offenders in Tiers 2 and 3 on the
public Megan's Law Internet web site, and that California
eliminate its current law permitting designated sex offenders
to apply for exclusion from the Internet website (Pen. Code, §
290.46, subd. (e).)"
(.)
6)December 16, 2010 California Research Bureau Report : In
December 2010, the California Research Bureau (CRB) published
a report which reviewed practices and procedures throughout
the United States regarding the registration of sex offenders.
Specifically the CRB examined: (a) registration
requirements, (b) tiered registration, (d) the duration of
registration, and (d) best practices and the overall
cost-effectiveness of sex offender registration requirements.
Specifically CRB examined how other states have implemented
registration requirements.
"For a review of sex offender registration practices in other
states, we selected states bordering California: Arizona,
Nevada, and Oregon; and states with large populations and/or
similar demographic characteristics as California: Florida,
New Jersey, New York, Pennsylvania and Texas. For each of
these states, we have compiled the following information:
"The offenses which require offender registration.
"The duration and type of registration (tiered vs. nontiered,
i.e., duration based on type of crime committed and/or risk
for reoffense).
"Any residency or occupational restrictions placed on
registrants.
"These states have many registrable sex offenses in common such
as sexual assault, luring or kidnapping of a minor, possessing
child pornography, etc. However, they vary in the duration of
registration requirements and in whether or not they place
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occupational or residency restrictions on registrants.
"Of the states reviewed, only one, Florida, requires lifetime
registration. The others have tiers for registration - based
on prior convictions or the type of offense, i.e., registering
for ten, 15 or 20 years for first-time offenses; and lifetime
registration for more violent or repeat offenses. Some of the
states do allow registrants to petition for removal from the
list, generally after a period of not committing any
registrable offenses. In contrast, California requires
lifetime registration for all offenses, and only allows people
convicted of certain misdemeanor sex offenses to apply for a
certificate of rehabilitation with a trial court. If the
certification is granted, they might be released from the duty
to register --- but not in all cases.
"Of the states reviewed, all have either some form of residency
or occupational restrictions. Only one, Oregon, has both
types of restrictions. In Oregon, sex offenders cannot reside
'near locations where children are the primary occupants or
users,' or live with other sex offenders. They are also
ineligible to become teachers. In California, sex offenders
cannot reside within 2,000 feet of 'any public or private
school, or park where children regularly gather.' They may be
subject to local ordinances that limit where they can live
even further. Also, a registered sex offender in California
whose victim was under the age of 16 cannot work with minor
children. The other selected states in this brief which have
some type of residency restriction generally limit how close a
sex offender may live in proximity to a school, daycare
center, playground or any other place where children
congregate. Occupational restrictions can sometimes be more
haphazard: New York, for example, prohibits sex offenders from
operating ice cream trucks, but has no other limitations. In
some states, such as Pennsylvania and Texas there may be
restrictions placed on offenders as a condition of parole, but
not required by statute."
7)Argument in Support : According to the California Coalition on
Sexual Offending (CCOSO) states, "Ýw]ith the revisions to the
registration law that would be created by AB 625, California
will be able to do a better job of tracking the state's
Registered Sex Offenders and will be able to begin to follow
one of the basic principles of correctional management: devote
the greatest amount of attention and resources to those who
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pose the greatest risk.
"Universal lifetime registration for sex offenders serves little
purpose with respect to increasing community safety. On the
contrary, it dilutes resources and makes it appear that there
are huge numbers of highly dangerous offenders living in the
state. While a certain number of sex offenders may well pose
a continuing danger and should continue to be required to
register for life, many of those currently listed pose no
greater thread of sexually offending than does the average
adult male. The research supports a differentiated approach
using the best available science to assess actual risk - an
approach such as that introduced by AB 625.
"Our organization's goal is to end sexual abuse and
victimization in California and the work of our hundreds of
members in providing assessment, treatment, supervision and
other services to those who have committed sexual assault
crimes is focused on a safer California. We believe that AB
625 is a well-considered piece of legislation that will assist
California in striving for that goal."
REGISTERED SUPPORT / OPPOSITION :
Support
California Coalition Against Sexual Assault
California Coalition on Sexual Offending
California Public Defenders Association
Friends Committee on Legislation
Opposition
None
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744