BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 813
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 813 (Fletcher)
          As Amended  June 22, 2011
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 26, 2011)  |SENATE: |37-0 |(July 14,      |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Provides immunity from liability to Sex Offender 
          Management Board members and certified sex offender management 
          professionals for criminal acts committed by persons as 
          specified.  
           
          The Senate amendments remove the provision requiring applicants 
          for certification as sex offender management professionals do so 
          under penalty of perjury, and instead imposes a civil penalty of 
          up to $1,500 for providing false information.
           
          EXISTING LAW  :

          1)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.

          2)Requires persons convicted of specified sex offenses to 
            register for life, or reregister if the person has been 
            previously registered, upon release from incarceration, 
            placement, commitment, or release on probation.  States that 
            the registration shall consist of all of the following:

             a)   A statement signed in writing by the person, giving 
               information as shall be required by the Department of 
               Justice (DOJ) and giving the name and address of the 
               person's employer, and the address of the person's place of 
               employment, if different from the employer's main address;








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             b)   Fingerprints and a current photograph taken by the 
               registering official;

             c)   The license plate number of any vehicle owned by, 
               regularly driven by or registered in the name of the 
               registrant;

             d)   Notice to the person that he or she may have a duty to 
               register in any other state where he or she may relocate; 
               and,

             e)   Copies of adequate proof of residence, such as a 
               California driver's license or identification card, recent 
               rent or utility receipt or any other information that the 
               registering official believes is reliable.

           
          AS PASSED BY THE ASSEMBLY  , this bill provided immunity from 
          liability to Sex Offender Management Board members and certified 
          sex offender management professionals for criminal acts 
          committed by persons as specified.  Specifically,  this bill  :  

          1)Specified that Sex Offender Management Board members shall be 
            immune from liability for good-faith conduct taken under their 
            legislative mandate.  

          2)Required all persons submitting an application for 
            certification as a sex offender management professional to do 
            so under penalty of perjury.  

          3)Provided that certified sex offender management professionals, 
            who provide sex offender management programs and risk 
            assessments, shall not be held civilly liable for any criminal 
            acts committed by persons on parole, probation, or judicial 
            commitment who receive supervision or treatment.  The 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.

          4)Required that the State-Authorized Risk Assessment Tool for 








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            Sex Offenders Review Committee determine whether the STATIC-99 
            should be supplemented with an empirically derived instrument 
            that measures dynamic  risk factors and an empirically derived 
            instrument that measures risk of future violence.
           
          FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  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 offender management."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 
          319-3744 



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