BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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 








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          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 








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          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 








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          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