BILL ANALYSIS Ó AB 813 Page 1 Date of Hearing: May 3, 2011 ASSEMBLY COMMITTEE ON JUDICIARY Mike Feuer, Chair AB 813 (Fletcher) - As Introduced: February 17, 2011 PROPOSED CONSENT (As Proposed to be Amended) SUBJECT : Sex Offender management Board: Immunities KEY ISSUES : 1)Should members of the Sex Offender Management Board be immune from liability for good faith conduct of their duties? 2)Should sex offender management professionals who provide sex offender management programs and risk assessments for use by probation departments or the Department of Corrections and Rehabilitation be immune from civil liability for the criminal acts of persons under required sex offender supervision or treatment? 3)Should the Sex Offender Management Board be permitted to hold closed meetings when discussing matters relating to the application of a sex offender treatment provider for certification? FISCAL EFFECT : As currently in print this bill is keyed fiscal. SYNOPSIS According to the author, this non-controversial bill, which is sponsored by the Sex Offender Management Board (Board), seeks to clean up and clarify some provisions of last year's AB 1844 by the same author. AB 1844 made numerous changes to laws affecting the punishment and treatment of sex offenders and, most pertinently for this bill, to the role of the Board in hiring professionals and developing management programs and risk assessments. This bill addresses this latter issue. Specifically, the bill provides that members of the Board shall be immune from liability for good faith conduct in performing their duties. The bill also provides that sex offender management professionals hired by the Board to develop programs and risk assessments for probation departments and the AB 813 Page 2 California Department of Corrections and Rehabilitation (CDCR) shall not be civilly liable for the criminal acts of persons who are on parole, probation, or under judicially-mandated supervision or treatment. The bill also clarifies that the Board is not subject to open meeting requirements when discussing the application of a sex offender treatment provider for certification. The bill passed out of the Public Safety Committee on consent. There is no known opposition. Two technical amendments will be taken in this Committee and are reflected in the analysis below. SUMMARY : Gives members of the Sex Offender Management Board (Board) and a sex offender management professional, as defined, immunity from civil liability for the criminal acts of others, as specified, and makes conforming and clarifying changes to the existing provisions relating to the Sex Offender Management Board. Specifically, this bill : 1)Permits the California Sex Offender Management Board to hold a closed session for the purpose of discussing matters pertaining to the application of a sex offender treatment provider for certification. 2)Provides that members of the Board shall be immune from liability for good faith conduct in performing their statutorily prescribed duties. 3)Requires all persons submitting an application for certification as a sex offender management professional to do so under penalty of perjury. 4)Provides that sex offender management professionals who provide sex offender management programs and risk assessments to probation departments and the California Department of Corrections and Rehabilitation (CDCR) shall have immunity from civil liability for criminal acts committed by persons on parole, probation, or judicial commitment who receive supervision or treatment under the sex offender management program. 5)Makes minor technical corrections to existing law. EXISTING LAW creates the Sex Offender Management Board within the jurisdiction of the CDCR and empowers the Board to address AB 813 Page 3 any issues, concerns, and problems related to the community management of adult sex offenders. The board would be required to conduct a thorough assessment of current management practices for adult sex offenders, and to submit a report to the Legislature on that assessment. The board would also be required to develop recommendations to improve community management practices for those offenders, as specified. (Penal Code Section 9000 et seq.) COMMENTS : According to the author, this bill is intended as a "clean-up" measure to legislation he successfully carried last year, AB 1844 (Fletcher, Chapter 219, Statutes of 2010). That legislation, known as "Chelsea's Law," provided a comprehensive reform of various statutes dealing with the punishment, treatment, and community management of sex offenders. Among other things, that legislation required register sex offenders to participate in community management programs and required the Sex Offender Management Board (Board) to develop management and risk assessment tools. This bill targets these provisions in particular. According to the author, because of the broad nature of last year's bill, and its relatively late enactment, a number of issues were overlooked in the process. In addition to a number of fairly minor technical changes, this bill seeks to grant legal immunities to Board members and sex offender management professionals who do their prescribed duties in good faith. The bill will also specify that professionals under contract to develop management programs, conduct risk assessments, or otherwise provide administrative or clinical services to the sex offender program will not be held civilly liable for the criminal acts by persons on parole or probation or judicially required to receive supervision or treatment under a sex offender management program. The bill would also require any person submitting an application for certification as a sex offender professional to do so under penalty of perjury, and it provides the Board may hold closed meetings when discussing matters relating to the application of a sex offender management professional. ARGUMENTS IN SUPPORT : According to the author, this bill "will help the Sex Offender Management Board perform its role in protecting public safety by providing technical amendments and clarifications within the Penal Code, and by limiting legal liability for treatment providers and the Board for good faith AB 813 Page 4 conduct performed pursuant to sex offender management." AUTHOR'S TECHNICAL CORRECTIONS : On page 17 line 32 change "209.09" to 290.09 On page 17 line 32 delete "criminally or" REGISTERED SUPPORT / OPPOSITION : Support Sex Offender Management Board (sponsor) California Probation, Parole and Correctional Association Chief Probation Officers of California Opposition None on file Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334