BILL NUMBER: AB 813	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 9, 2011

INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 17, 2011

   An act to amend Section 11126 of the Government Code, and to amend
Sections 290.09, 1203.067, 3008, 9002, and 9003 of the Penal Code,
relating to sex crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 813, as amended, Fletcher. Sex offenders: punishment: parole.
   (1) Existing law creates the Sex Offender Management Board, within
the jurisdiction of the Department of Corrections and
Rehabilitation, empowered to address any issues, concerns, and
problems related to the community management of adult sex offenders,
including the main objective of the board to achieve safer
communities by reducing victimization. The board is required, on or
before July 1, 2011, to develop and update standards for
certification of sex offender management professionals.
   This bill would give board members immunity from liability for
their good faith conduct. The bill would require that information
submitted by a person applying for certification as a sex offender
management professional do so under the penalty of perjury. Because
the bill would expand the scope of the crime of perjury, it would
impose a state-mandated local program.
   The bill would also immunize certified sex offender management
professionals and other specified professionals, as provided, from
 criminal and  civil liability for any criminal acts
committed by persons on parole, probation, or judicial commitment
status who receive supervision or treatment.
   (2) The Bagley-Keene Open Meeting Act requires, with specified
exceptions, that all meetings of a state body be open and public and
all persons be permitted to attend.
   This bill would exempt the board from the Bagley-Keene Open
Meeting Act for purposes of discussing matters pertaining to the
application of a sex offender treatment provider for certification,
including review of an applicant's qualifications for certification.
The bill would make related legislative findings and declarations.
   (3) This bill would make clarifying and conforming changes.
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11126 of the Government Code is amended to
read:
   11126.  (a) (1) Nothing in this article shall be construed to
prevent a state body from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation
of performance, or dismissal of a public employee or to hear
complaints or charges brought against that employee by another person
or employee unless the employee requests a public hearing.
   (2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
   (3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
   (4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
   (b) For the purposes of this section, "employee" does not include
any person who is elected to, or appointed to a public office by, any
state body. However, officers of the California State University who
receive compensation for their services, other than per diem and
ordinary and necessary expenses, shall, when engaged in that
capacity, be considered employees. Furthermore, for purposes of this
section, the term employee includes a person exempt from civil
service pursuant to subdivision (e) of Section 4 of Article VII of
the California Constitution.
   (c) Nothing in this article shall be construed to do any of the
following:
   (1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
   (2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
   (3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
   (4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
   (5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
   (6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
   (7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
   (B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
   (C) For purposes of this paragraph, the negotiator may be a member
of the state body.
   (D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
   (E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
   (8) Prevent the California Postsecondary Education Commission from
holding closed sessions to consider matters pertaining to the
appointment or termination of the Director of the California
Postsecondary Education Commission.
   (9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
   (10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
   (11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code.
   (12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.
   (13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
   (14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 9 (commencing with
Section 60850) of, Part 33 of Division 4 of Title 2 of the Education
Code during which actual test content is reviewed and discussed. The
purpose of this provision is to maintain the confidentiality of the
assessments under review.
   (15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
   (16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
   (17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
   (18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security of
the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.
   (B) Notwithstanding any other provision of law, a state body, at
any regular or special meeting, may meet in a closed session pursuant
to subparagraph (A) upon a two-thirds vote of the members present at
the meeting.
   (C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
   (D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
   (19) Prevent the California Sex Offender Management Board from
holding a closed session for the purpose of discussing matters
pertaining to the application of a sex offender treatment provider
for certification pursuant to Sections 290.09 and 9003 of the Penal
Code. Those matters may include review of an applicant's
qualifications for certification.
   (d) (1) Notwithstanding any other provision of law, any meeting of
the Public Utilities Commission at which the rates of entities under
the commission's jurisdiction are changed shall be open and public.
   (2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
   (e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
   (2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
   (A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
   (B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state body.
   (ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
   (C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
   (ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
   (iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
   (iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
   (f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
   (1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
   (2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
   (3) Prevent the enforcement advisory committee established by the
California Board of Accountancy pursuant to Section 5020 of the
Business and Professions Code from conducting a closed session to
consider disciplinary action against an individual accountant prior
to the filing of an accusation against the accountant pursuant to
Section 11503. Nothing in this article shall be construed to prevent
the qualifications examining committee established by the California
Board of Accountancy pursuant to Section 5023 of the Business and
Professions Code from conducting a closed hearing to interview an
individual applicant or accountant regarding the applicant's
qualifications.
   (4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
   (5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
   (6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
   (7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
   (A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
   (B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
   (8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
   (9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Secretary of Emergency
Management or the Governor concerning matters relating to volcanic
or earthquake predictions, from holding closed sessions when
considering the evaluation of possible predictions.
   (g) This article does not prevent either of the following:
   (1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
   (2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
   (h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of Title 2.
   (i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering matters
related to the development of rates and contracting strategy for
entities contracting or seeking to contract with the board, entities
with which the board is considering a contract, or entities with
which the board is considering or enters into any other arrangement
under which the board provides, receives, or arranges services or
reimbursement, pursuant to Part 6.2 (commencing with Section 12693),
Part 6.3 (commencing with Section 12695), Part 6.4 (commencing with
Section 12699.50), Part 6.5 (commencing with Section 12700), Part 6.6
(commencing with Section 12739.5), or Part 6.7 (commencing with
Section 12739.70) of Division 2 of the Insurance Code.
   (j) Nothing in this article shall be construed to prevent the
board of the State Compensation Insurance Fund from holding closed
sessions in the following:
   (1) When considering matters related to claims pursuant to Chapter
1 (commencing with Section 3200) of Division 4 of the Labor Code, to
the extent that confidential medical information or other
individually identifiable information would be disclosed.
   (2) To the extent that matters related to audits and
investigations that have not been completed would be disclosed.
   (3) To the extent that an internal audit containing proprietary
information would be disclosed.
   (4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive
strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.
   (k) The State Compensation Insurance Fund shall comply with the
procedures specified in Section 11125.4 of the Government Code with
respect to any closed session or meeting authorized by subdivision
(j), and in addition shall provide an opportunity for a member of the
public to be heard on the issue of the appropriateness of closing
the meeting or session.
  SEC. 2.  Section 290.09 of the Penal Code is amended to read:
   290.09.  On or before July 2012, the SARATSO dynamic tool and the
SARATSO future violence tool, as set forth in Section 290.04, shall
be administered as follows:
   (a) (1) Every sex offender required to register pursuant to
Sections 290 to 290.023, inclusive, shall, while on parole or formal
probation, participate in an approved sex offender management
program, pursuant to Sections 1203.067 and 3008.
   (2) The sex offender management program shall meet the
certification requirements developed by the California Sex Offender
Management Board pursuant to Section 9003. Probation departments and
the Department of Corrections and Rehabilitation shall not employ or
contract with, and shall not allow a sex offender to employ or
contract with, any individual or entity to provide sex offender
evaluation or treatment services pursuant to this section unless the
sex offender evaluation or treatment services to be provided by the
individual or entity conforms with the standards developed pursuant
to Section 9003.
   (b) (1) The sex offender management professionals certified by the
California Sex Offender Management Board in accordance with Section
9003 who provide sex offender management programs for any probation
department or the Department of Corrections and Rehabilitation shall
assess each registered sex offender on formal probation or parole
using the SARATSO dynamic tool, when a dynamic risk factor changes,
and shall do a final dynamic assessment within six months of the
offender's release from supervision. The management professional
shall also assess the sex offenders in the program with the SARATSO
future violence tool.
   (2) The certified sex offender management professional shall, as
soon as possible but not later than 30 days after the assessment,
provide the person's score on the SARATSO dynamic tool and the future
violence tool to the person's parole agent or probation officer.
Within five working days of receipt of the score, the parole or
probation officer shall send the score to the Department of Justice,
and the score shall be accessible to law enforcement through the
Department of Justice's Internet Web site for the California Sex and
Arson Registry (CSAR).
   (c) The certified sex offender management professional shall
communicate with the offender's probation officer or parole agent on
a regular basis, but at least once a month, about the offender's
progress in the program and dynamic risk assessment issues, and shall
share pertinent information with the certified polygraph examiner as
required.
   (d) The SARATSO Training Committee shall provide annual training
on the SARATSO dynamic tool and the SARATSO future violence tool.
Certified sex offender management professionals shall attend this
training once to obtain authorization to perform the assessments, and
thereafter attend training updates as required by the SARATSO
Training Committee. If a sex offender management professional is
certified pursuant to Section 9003 to conduct an approved sex
offender management program prior to attending SARATSO training on
the dynamic and violent risk assessment tools, he or she shall
present to the SARATSO Training Committee proof of training on these
tools from a risk assessment expert approved by the SARATSO Training
Committee.
  SEC. 3.  Section 1203.067 of the Penal Code is amended to read:
   1203.067.  (a) Notwithstanding any other law, before probation may
be granted to any person convicted of a felony specified in Section
261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is eligible for
probation, the court shall do all of the following:
   (1) Order the defendant evaluated pursuant to Section 1203.03, or
similar evaluation by the county probation department.
   (2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.
   (3) Order any psychiatrist or psychologist appointed pursuant to
Section 288.1 to include a consideration of the threat to the victim
and the defendant's potential for positive response to treatment in
making his or her report to the court. Nothing in this section shall
be construed to require the court to order an examination of the
victim.
   (b) On or after July 1, 2012, the terms of probation for persons
placed on formal probation for an offense that requires registration
pursuant to Sections 290 to 290.023, inclusive, shall include all of
the following:
   (1) Persons placed on formal probation prior to July 1, 2012,
shall participate in an approved sex offender management program,
following the standards developed pursuant to Section 9003, for a
period of not less than one year or the remaining term of probation
if it is less than one year. The length of the period in the program
is to be determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court.
   (2) Persons placed on formal probation on or after July 1, 2012,
shall successfully complete a sex offender management program,
following the standards developed pursuant to Section 9003, as a
condition of release from probation. The length of the period in the
program shall be not less than one year, up to the entire period of
probation, as determined by the certified sex offender management
professional in consultation with the probation officer and as
approved by the court.
   (3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
   (4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising probation officer, pursuant to Section 290.09.
   (c) Any defendant ordered to be placed in an approved sex offender
management program pursuant to subdivision (b) shall be responsible
for paying the expense of his or her participation in the program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.
  SEC. 4.  Section 3008 of the Penal Code is amended to read:
   3008.  (a) The Department of Corrections and Rehabilitation shall
ensure that all parolees under active supervision who are deemed to
pose a high risk to the public of committing
                     sex crimes, as determined by the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as
set forth in Sections 290.04 to 290.06, inclusive, are placed on
intensive and specialized parole supervision and are required to
report frequently to designated parole officers. The department may
place any other parolee convicted of an offense that requires him or
her to register as a sex offender pursuant to Section 290 who is on
active supervision on intensive and specialized supervision and
require him or her to report frequently to designated parole
officers.
   (b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.
   (c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a high
risk to the public of committing a sex crime, as determined by the
SARATSO, and shall require participation in appropriate programming
as a condition of parole.
   (d)  On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, shall include all of the
following:
   (1) Persons placed on parole prior to July 1, 2012, shall
participate in an approved sex offender management program, following
the standards developed pursuant to Section 9003, for a period of
not less than one year or the remaining term of parole if it is less
than one year. The length of the period in the program is to be
determined by the certified sex offender management professional in
consultation with the parole officer and as approved by the court.
   (2) Persons placed on parole on or after July 1, 2012, shall
successfully complete a sex offender management program, following
the standards developed pursuant to Section 9003, as a condition of
parole. The length of the period in the program shall be not less
than one year, up to the entire period of parole, as determined by
the certified sex offender management professional in consultation
with the parole officer and as approved by the court.
   (3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.
   (4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional and
supervising parole officer, pursuant to Section 290.09.
   (e) Any defendant ordered to be placed in an approved sex offender
management treatment program pursuant to subdivision (d) shall be
responsible for paying the expense of his or her participation in the
program. The department shall take into consideration the ability of
the defendant to pay, and no defendant shall be denied discharge
onto parole because of his or her inability to pay.
  SEC. 5.  Section 9002 of the Penal Code is amended to read:
   9002.  (a) The board shall address any issues, concerns, and
problems related to the community management of adult sex offenders.
The main objective of the board, which shall be used to guide the
board in prioritizing resources and use of time, is to achieve safer
communities by reducing victimization.
   (b) The board shall conduct public hearings, as it deems
necessary, to provide opportunities for gathering information and
receiving input regarding the work of the board from concerned
stakeholders and the public.
   (c) The members of the board shall be immune from liability for
good faith conduct under this chapter.
  SEC. 6.  Section 9003 of the Penal Code is amended to read:
   9003.  (a) On or before July 1, 2011, the board shall develop and
update standards for certification of sex offender management
professionals. All those professionals who provide sex offender
management programs and risk assessments, pursuant to Section 290.09,
shall be certified by the board according to these standards. The
standards shall be published on the board's Internet Web site.
Professionals may apply to the board for certification on or after
August 1, 2011.
   (1) (A) The board shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of all sex offender management applicants, as defined by
subdivision (a), for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also information as to the existence
and content of a record of state arrests or federal arrests for which
the Department of Justice establishes that the person is free on
bail or on his or her own recognizance pending trial or appeal.
   (B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the board.
   (C) The Department of Justice shall provide a state and federal
response to the board pursuant to paragraph (1) of subdivision (l) of
Section 11105.
   (D) The board shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2, for persons described in subdivision (a).
   (2) The board shall require any person who applies for
certification under this section to submit information relevant to
the applicant's fitness to provide sex offender management services.
That information shall be submitted under the penalty of perjury by
the person applying for certification.
   (3) The board shall assess a fee to the applicant not to exceed
one hundred eighty dollars ($180) per application. The board shall
pay a fee to the Department of Justice sufficient to cover the cost
of processing the criminal background request specified in this
section.
   (b) On or before July 1, 2011, the board shall develop and update
standards for certification of sex offender management programs,
which shall include treatment, as specified, and dynamic and future
violence risk assessments pursuant to Section 290.09. The standards
shall be published on the board's Internet Web site. All those
programs shall include polygraph examinations by a certified
polygraph examiner, which shall be conducted as needed during the
period that the offender is in the sex offender management program.
Only certified sex offender management professionals whose programs
meet the standards set by the board are eligible to provide sex
offender management programs pursuant to Section 290.09.
   (c) Certified sex offender management professionals, who provide
sex offender management programs and risk assessments pursuant to
Section  209.09   290.09  , shall not be
held  criminally or  civilly liable for any criminal
acts committed by the persons on parole, probation, or judicial
commitment status who receive supervision or treatment. This waiver
of liability shall apply to certified sex offender management
professionals, administrators of the programs provided by those
professionals, and to agencies or persons under contract to those
professionals who provide screening, clinical evaluation, risk
assessment, supervision, or treatment to sex offender parolees,
probationers, or persons on conditional release pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
   (d) On or before July 1, 2011, the board shall develop and update
standards for certification of polygraph examiners. The standards
shall be published on the board's Internet Web site.
  SEC. 7.  The Legislature finds and declares that Section 1 of this
act imposes a limitation on the public's right of access to meetings
of public bodies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following finding to demonstrate the
interest protected by this limitation and the need for protecting
that interest: The Legislature finds and declares that in order to
protect the privacy of individuals applying for certification as sex
offender treatment providers, it is necessary to exempt those
individuals' names from disclosure.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.