BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 813|
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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 
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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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