BILL ANALYSIS Ó
AB 813
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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
FN: 0001636