BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 813|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: AB 813
Author: Fletcher (R)
Amended: 6/22/11 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/21/11
AYES: Hancock, Anderson, Calderon, Liu, Price, Steinberg
NO VOTE RECORDED: Harman
SENATE JUDICIARY COMMITTEE : 4-0, 6/28/11
AYES: Evans, Blakeslee, Corbett, Leno
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/26/11 (Consent) - See last page
for vote
SUBJECT : Sex offenders: punishment
SOURCE : California Sex Offender Management Board
DIGEST : This bill provides good faith immunity for
members of the Sex Offender Management Board, and immunity
from civil liability for certified sex offender management
professionals for any criminal acts committed by a person
who receives supervision or treatment; creates an exception
to the Bagley-Keene Open Meeting Act to allow the Sex
Offender Management Board to discuss matters pertaining to
the application of a sex offender treatment provider in a
CONTINUED
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closed session; and makes other clarifying changes related
to sex offenders.
ANALYSIS : Existing law establishes the Sex Offender
Management Board (Board) and requires the Board to "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." (Penal Code
Section 9002.)
This bill provides that members of the Board shall be
immune from liability for good faith conduct in their
duties, and make clarifying changes.
Existing law requires the Board to develop and update
standards for certification of sex offender management
professionals on or before July 1, 2011, as specified.
(Penal Code Section 9003.) 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. (Penal Code
Section 9003(a)(2).)
This bill provides that any person who knowingly provides
false information under this paragraph shall be subject to
a civil penalty in an amount up to $1,500 dollars, in
addition to any other remedies available to the Board. An
action for a civil penalty under this provision may be
brought by any public prosecutor in the name of the people
of the State of California.
This bill provides that certified sex offender management
professionals, who provide sex offender management programs
and risk assessments as specified shall not be held 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
will 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
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treatment to sex offender parolees, probationers, or
persons on conditional release, as specified.
Existing law provides that the people have the right of
access to information concerning the people's business and
requires meetings of public bodies and the writings of
public officials and agencies to be open to public
scrutiny. (Cal. Const., art. I, sec. 3(b)(1).)
Existing law, the Bagley-Keene Open Meeting Act, provides
statutory requirements of state public bodies to keep the
public informed. (Government Code Section 11120 et seq.)
Existing law requires state public bodies to post notices
and agendas of state public body meetings. (Government
Code Sections 11123, 11125, 11125.4, 11125.5, 11125.9, and
11126.) Existing law requires state public bodies to
publicly report any action taken in closed sessions.
(Government Code Sections 11125.2, 11126, and 11126.3.)
This bill allows the Board to hold a closed session for the
purpose of discussing matters pertaining to the application
of a sex offender treatment provider for certification, as
specified, and provide that those matters may include
review of an applicant's qualifications for certification.
This bill makes other clarifying changes related to sex
offenders.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/8/11)
California Sex Offenders Management Board (source)
California Probation Parole and Correctional Association
Chief Probation Officers of California
ARGUMENTS IN SUPPORT : According to the author, "AB 813
will help the Sex Offender Management Board perform its
role in protecting public safety by providing technical
amendments and clarification within the Penal Code, and by
limiting legal liability for treatment providers and the
Board for good faith conduct performed pursuant to sex
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offender management.
"The bill seeks to clean up some provisions of AB 1844
which were overlooked in the original bill. Specifically,
it would codify some of the legal protections for treatment
providers and for the board for doing the tasks asked of
them in AB 1844. The bill would provide an exemption to
the Bagley-Keene act when dealing with private personnel
matters. The bill would also make some technical language
changes."
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Chesbro, Conway, Cook, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Logue, Bonnie Lowenthal,
Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Campos, Cedillo, Davis, Gorell, Jones
RJG:do 7/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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