BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 622 (Corbett) Hearing Date: 5/2/2011 Amended: 4/7/2011 Consultant: Jolie Onodera Policy Vote: Public Safety 6-0 _________________________________________________________________ ____ BILL SUMMARY: SB 622 would clarify that sex offender registration in California for an out-of-state conviction is based on the elements of the conviction offense or proven or stipulated facts in the record of conviction. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Sex offender registration Non-reimbursable local costsLocal Future incarceration Unknown, potentially moderate General state costs and/or significant cost savings _________________________________________________________________ ____ STAFF COMMENTS: This bill seeks to address the holding of In re Rodden (2010) 186 Cal.App.4th 24, which concluded that an out-of-state conviction requires a defendant to register as a sex offender in California only when the least adjudicated elements of the offense satisfy all of the elements of a crime enumerated in Penal Code section 290(c) or when the foreign jurisdiction required the defendant to register as a sex offender. This bill clarifies existing statute to permit consideration of adjudicated or stipulated non-hearsay facts on the record of out-of-state convictions to determine whether the offense would have been punishable as an offense requiring sex offender registration under California law. The Attorney General's office advises that, until the Rodden decision, this was the test employed by the Department of Justice (DOJ), and is consistent with the test applicable to sentencing laws. The DOJ indicates approximately 80 sex offenders have averted mandatory sex offender registration in California since the Rodden ruling in late June 2010, and estimates approximately 100 cases will avoid registration annually in the absence of enactment of this bill. As the provisions of this bill are consistent with the processes employed by the DOJ prior to the SB 622 (Corbett) Page 3 Rodden decision, the workload impact to the DOJ will be minor and absorbable. Additional sex offender registrants will result in increased non-reimbursable local costs to enforce residency restrictions placed on the additional registered sex offenders. No additional global positioning system (GPS) tracking costs would be incurred due to the provisions of this bill, as authority to require GPS monitoring would be based on the requirement established in the state where the offense was committed. These costs would be incurred notwithstanding the provisions of this bill. The requirement to register is initiated at the time the sex offender is aware of the requirement, whether through notification from his or her out-of-state parole officer upon release or through notice by the DOJ or local law enforcement if the individual is already residing in the State. Any person who is required to register and who willfully violates this requirement is guilty of a misdemeanor or felony, depending on the seriousness of the offense for which they were convicted. Both the DOJ and law enforcement have indicated that it is rare for a sex offender to be prosecuted for non-registry once he or she is aware of the registration requirement, but to the extent a sex offender should knowingly fail to register and be successfully prosecuted, moderate state or local incarceration costs could result. Alternatively, requiring mandatory registration of these high-risk sex offenders may result in avoided crimes, prosecution, and incarceration, resulting in significant local and General Fund cost savings in the future.