BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 702
                                                                  Page  1

          Date of Hearing:   April 16, 2013
          Counsel:        Gabriel Caswell


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                    AB 702 (Ammiano) - As Amended:  March 19, 2013


                                       REVISED

           
          SUMMARY  :   Establishes a three-tiered registration system for  
          sex offenders for periods of 10 years, 20 years, or life.   
          Specifically,  this bill  :  

          1)Defines "SARATSO" as the State-Authorized Risk Assessment Tool  
            for Sex Offenders.  

          2)Defines "violent registerable offense" as an offense that is  
            both a registerable offense as a sex offense and a violent  
            felony as defined in "Three Strikes" law.  

          3)Defines "initial registration date" as either the date the  
            person was released from prison after incarceration for  
            conviction of a registerable offense, or the date of  
            conviction for a registerable offense for a person who was not  
            sentenced to prison.  

          4)Provides that every sex offender registrant shall be required  
            to register as tier one, tier two or tier three.  For a period  
            commencing on that person's initial registration date, the  
            person shall remain a registrant for a period of 10 years, 20  
            years, or life, depending on which of the three tiers the  
            offender is placed.  

             a)   A tier one registrant shall be subject to registration  
               requirements for a period of 10 years.  Tier one  
               registrants meet the following requirements:

               i)     Tier one registrants were convicted of a  
                 registerable offense that is not a violent offense.  

               ii)    The person's SARATSO is low, low-moderate, or  








                                                                  AB 702
                                                                  Page  2

                 moderate, or the person is not eligible for assessment  
                 under applicable specified codes.  

               iii)   For a period of 10 years, commencing with the  
                 person's initial registration date, the person is not  
                 convicted of a registerable offense or a violent felony.   


               iv)    For a period of 10 years, commencing with the  
                 person's initial registration date, the person is not  
                 convicted of more than one specified felony.

             b)   A tier two registrant shall be subject to the  
               registration requirements for a period of 20 years.  A  
               person is a tier two registrant when the following  
               conditions apply: 

               i)     The person's score on the SARATSO was moderate-high  
                 risk.  The person was convicted of a violent registerable  
                 offense, or the person was convicted of molestation.  

               ii)    For a period of 20 years, commencing with the  
                 person's initial registration date, the person is not  
                 convicted of a registerable offense or a violent felony.   


               iii)   For a period of 20 years, commencing with the  
                 person's initial registration date, the person is not  
                 convicted of more than one specified felony.

               iv)    The person was a tier one offender, but was  
                 convicted of more than one specified felony, or was  
                 convicted of a registerable offense or a violent felony  
                 within 10 years of the person's initial registration  
                 date.  

             c)   A tier three registrant shall be subject to the  
               registration requirements for life.  A person is the tier  
               three registrant if any the following conditions apply:  

               i)     The person's score on the SARATSO is high risk.  

               ii)    Within 20 years of the person's initial registration  
                 date, the person is convicted of a violent registerable  
                 offense.  








                                                                  AB 702
                                                                  Page  3


               iii)   The person has at any time been committed to a state  
                 mental hospital as a sexually violent predator (SVP).  

               iv)    The person was a tier two registrant and  
                 subsequently was convicted of more than one specified  
                 felony, or the person was convicted of any specified  
                 registerable offense after becoming a tier two offender  
                 after having previously been a tier one offender. 

          5)States that persons required to register as tier two offenders  
            may, by filing an application, petition the Department of  
            Justice (DOJ) for tier one status if the person was convicted  
            of a registerable offense against no more than one victim 12  
            to 17 years of age and the person was not more than 10 years  
            older than the victim and the act was illegal due solely to  
            the age of the minor.  If DOJ determines that the person meets  
            the requirements for tier one status, DOJ shall grant the  
            petition.  

           EXISTING LAW  :

          1)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 [Penal  
            Code Section 290.015(a)]:

             a)   A statement signed in writing by the person, giving  
               information as shall be required by 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;

             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,








                                                                  AB 702
                                                                  Page  4


             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.

          2)States every person who is required to register, as specified,  
            who is living as a transient shall be required to register for  
            the rest of his or her life as follows:

             a)   He or she shall register, or reregister if the person  
               has previously registered, within five working days from  
               release from incarceration, placement or commitment, or  
               release on probation, pursuant to Penal Code Section  
               290(b), except that if the person previously registered as  
               a transient less than 30 days from the date of his or her  
               release from incarceration, he or she does not need to  
               reregister as a transient until his or her next required  
               30-day update of registration.  If a transient is not  
               physically present in any one jurisdiction for five  
               consecutive working days, he or she shall register in the  
               jurisdiction in which he or she is physically present on  
               the fifth working day following release, as specified.   
               Beginning on or before the 30th day following initial  
               registration upon release, a transient shall reregister no  
               less than once every 30 days thereafter.  A transient shall  
               register with the chief of police of the city in which he  
               or she is physically present within that 30-day period, or  
               the sheriff of the county if he or she is physically  
               present in an unincorporated area or city that has no  
               police department, and additionally, with the chief of  
               police of a campus of the University of California, the  
               California State University, or community college if he or  
               she is physically present upon the campus or in any of its  
               facilities.  A transient shall reregister no less than once  
               every 30 days regardless of the length of time he or she  
               has been physically present in the particular jurisdiction  
               in which he or she reregisters.  If a transient fails to  
               reregister within any 30-day period, he or she may be  
               prosecuted in any jurisdiction in which he or she is  
               physically present.

             b)   A transient who moves to a residence shall have five  
               working days within which to register at that address, in  
               accordance with Penal Code Section 290(b).  A person  








                                                                  AB 702
                                                                  Page  5

               registered at a residence address in accordance with that  
               provision who becomes transient shall have five working  
               days within which to reregister as a transient in  
               accordance with existing law.

             c)   Beginning on his or her first birthday following  
               registration, a transient shall register annually, within  
               five working days of his or her birthday, to update his or  
               her registration with the entities described in existing  
               law.  A transient shall register in whichever jurisdiction  
               he or she is physically present on that date. At the 30-day  
               updates and the annual update, a transient shall provide  
               current information as required on the DOJ annual update  
               form, including the information. 

             d)   A transient shall, upon registration and  
               re-registration, provide current information as required on  
               the DOJ registration forms, and shall also list the places  
               where he or she sleeps, eats, works, frequents, and engages  
               in leisure activities.  If a transient changes or adds to  
               the places listed on the form during the 30-day period, he  
               or she does not need to report the new place or places  
               until the next required re-registration.  [Penal Code  
               Section 290.011(a) to (d).]

          3)Provides that willful violation of any part of the  
            registration requirements constitutes a misdemeanor if the  
            offense requiring registration was a misdemeanor, and  
            constitutes a felony of the offense requiring registration was  
            a felony or if the person has a prior conviction of failing to  
            register.  [Penal Code Section 290.018(a)(b).]

          4)Provides that within three days thereafter, the registering  
            law enforcement agency or agencies shall forward the  
            statement, fingerprints, photograph, and vehicle license plate  
            number, if any, to the DOJ.  [Penal Code Section 290.015(b).]

          5)States that a misdemeanor failure to register shall be  
            punishable by imprisonment in a county jail not exceeding one  
            year, and a felony failure to register shall be punishable in  
            the state prison for 16 months, 2 or 3 years.  [Penal Code  
            Section 290.018(a)(b).]

           FISCAL EFFECT :   Unknown









                                                                  AB 702
                                                                  Page  6

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "AB 700 creates  
            a targeted registration system for persons required to  
            register under the state Sex Offender Registration Act based  
            on the crime of conviction, criminal history, and other risk  
            factors so that the state and local governments can  
            concentrate on more closely monitoring high and moderate risk  
            sex offenders.

            "California is one of the few states that requires lifetime  
            registration with no discernment for the type of offense, and  
            California also does not allow people to petition for removal  
            from the list even when their offenses are not sexually  
            violent or predatory, and they have no other violations. This  
            one-size-fits-all approach puts a strain on state and local  
            resources, casts all registrants in the same predatory mold,  
            and perpetuates misinformation.

            "This bill replaces the existing mandatory lifetime  
            registration requirements for persons convicted of specified  
            sex crimes and instead establishes three tiers of registration  
            for periods of 10 years, 20 years, and life."

           2)Background  :  According to the background submitted by the  
            author, "California is one of the few states that requires  
            lifetime registration with no discernment for the type of  
            offense, and California also does not allow people to petition  
            for removal from the list even when their offenses are not  
            sexually violent or predatory, and they have no other  
            violations. This one-size-fits-all approach puts a strain on  
            state and local resources, casts all registrants in the same  
            predatory mold, and perpetuates misinformation."

           3)Three Tiers  :  Under this bill, three tiers will be created  
            delineating three separate categories of sex offender  
            registrants based on their danger to the community, criminal  
            history, and the underlying offense which placed them  
            originally on the registry.  The tiers can be generally  
            summarized as follows.  

              a)   Tier 1 Offender:  10-Year Registration Period  :  

                i)     No violent offenses.  









                                                                 AB 702
                                                                  Page  7

                ii)    Risk assessment is low, low-moderate, or moderate;  
                 or not eligible for assessment.  

                iii)   No sex or violent offenses for 10 years.  

                iv)    No more than one felony for 10 years.  

                v)     Also includes non-sex crimes committed as a result  
                 of sexual compulsion or gratification unless the court  
                 finds that Tiers 2 or 3 are more appropriate.  

             b)   Tier 2 Offender:  20-Year Registration Period  :  

                i)     Conviction of a violent sex offense, child  
                 molestation, or a risk assessment of moderate-high.  

                ii)    Tier 1 Offenders with more than one felony  
                 conviction, a sex crime conviction, or a violent felony  
                 conviction within 10 years of the initial registration  
                 date.  

                iii)   No violent sex offenses for 20 years.  

                iv)    No felony offenses for 20 years.  

                v)     Also includes non-sex crimes that were committed as  
                 a result of sexual compulsion or gratification where the  
                 court finds Tier 2 an appropriate level of registration.  

             c)   Tier 3 Offender:  Lifetime Registration  :  

                i)     Any SVP or mentally disordered sex offender.  

                ii)    Risk assessment is high.  

                iii)   Conviction of a violent sex offense within 20 years  
                 of the initial registration date. 

                iv)    Tier 2 Offenders with a subsequent felony violation,  
                 or any violation of this act after being a Tier 1  
                 Offender.  

                v)     Also includes non-sex crimes committed as a result  
                 of sexual compulsion or gratification where the court  
                 finds Tier 3 an appropriate level of registration.  








                                                                 AB 702
                                                                  Page  8

           
           4)California's Sex Offender Management Board's Background  :  On  
            September 20, 2006, Governor Arnold Schwarzenegger signed  
            Assembly Bill 1015, which created the California Sex Offender  
            Management Board.  AB 1015 had been introduced by Assembly  
            Members Judy Chu and Todd Spitzer and passed the California  
            Legislature with nearly unanimous bipartisan support.

          Because California is the most populated state in the Union and  
            has had lifetime registration for its convicted sex offenders  
            since 1947, California has more registered sex offenders than  
            any other state with about 88,000 identified sex offenders  
            (per DOJ, August 2007). Currently, the California Department  
            of Corrections and Rehabilitation (CDCR) supervises about  
            10,000 of those 88,000 sex offenders, of which about 3,200  
            have been designated as "high-risk sex offenders".  (CDCR  
            Housing Summit, March 2007).  Additionally, there are about  
            22,500 adult sex offenders serving time in one of 32 state  
            prisons operated by CDCR (California Sex Offender Management  
            Task Force Report, July 2007).

          While it is commonly believed that most sexual assaults are  
            committed by strangers, the research suggests that the  
            overwhelming majority of sex offenders victimize people known  
            to them; approximately 90% of child victims know their  
            offenders, as do 80% of adult victims [per Kilpatrick, D.G.,  
            Edmunds, C.N., & Seymour, A.K.  Rape in America:  A Report to  
            the Nation (1992).  Arlington, VA:  National Victim Center.]

           5)Recommendations by the Sex Offender Management Board  :  In its  
            most recent report, the California Sex Offender Management  
            Board made the following recommendations regarding a tiered  
            registration system in California:

          "  Recommended Changes to California Law on Sex Offender  
            Registration and Internet Notification  .  It's recommended that  
            California amend its law on duration of registration, which  
            should depend on individual risk assessment, history of  
            violent convictions, and sex offense recidivism.  The proposed  
            changes to California law take into consideration the  
            seriousness of the offender's criminal history, the  
            empirically assessed risk level of the offender, and whether  
            the offender is a recidivist or has violated California's sex  
            offender registration law. Duration of registration would  
            range from ten (10) years to lifetime (10/20/life).   For  








                                                                  AB 702
                                                                  Page  9

            purposes of the tiering scheme, Penal Code section 667.5 lists  
            violent offenses, including violent sexual offenses.   
            (Appendix B).

          "  Tier 1:  Register for 10 years  :  Low to moderate risk score on  
            the Static-99 (score 0-3); sex offense was not a violent  
            offense or a violation of Penal Code section 647.6; no new sex  
            offense or any violent offense was committed within 10 years  
            of release from custody or   after release on probation on the  
            registrable sex offense; no conviction for violation of the  
            Sex Offender Registration Act ('SORA' - Pen. Code,   
            290-290.023).

          "  Tier 2:  Register for 20 years  :  Moderate to high risk (score  
            4-5), or person who committed a violent sex offense or  
            violation of Penal Code section 647.6, and has been released  
            from custody or released on probation for 20 years; no new  
            violent sex offense was committed within 20 years of release  
            from custody or release on probation on the registrable  
            offense; no conviction for violation of the Sex Offender  
            Registration Act ('SORA' - Pen. Code,  290-290.023).

          "  Tier 3:  Register for Life :  High risk score on the Static-99  
            (6 and above), or a person who is a recidivist, defined as a  
            person who has two or more convictions, brought and tried  
            separately, for violent sex offenses; or a person who was ever  
            committed as a sexually violent predator pursuant to Welfare  
            and Institutions Code section 6600, et seq.  Petition for Tier  
            1 Status for Romeo and Juliet Offenders Low to moderate risk  
            offenders (Static-99 scores 0-3) convicted of registrable sex  
            offenses against no more than one minor victim age 13-17, who  
            were no more than seven (7) years older than the minor at the  
            time of the offenses, can petition the court for tier 1  
            status. The offender must show that the offense was consensual  
            in order to be granted tier 1 status.  NOTE:  S.B. 325,  
            pending in the 2009 legislative session, would allow  
            registered sex offenders to request a Static-99 score by  
            submitting a request to the registering agency. The score must  
            either be determined by Probation, or by qualified law  
            enforcement personnel who have received training from a  
            SARATSO trainer.

          "Risk assessment research on sex offenders tells us that  
            successful completion of a specific sex offender treatment  
            program indicates the offender is at lower risk to re-offend;  








                                                                  AB 702
                                                                  Page  10

            and cooperation on supervision is a dynamic risk assessment  
            factor indicating less risk of re-offense.  However, today  
            there is no sex offender treatment being offered in California  
            prisons, and there are differing opportunities for treatment  
            for offenders on probation and parole.  Fiscal problems have  
            ended a number of treatment options at the time of this  
            report. Further, at this time California has no statute  
            requiring credentialing of sex offender treatment providers,  
            meaning that when treatment is offered the state has no way Of  
            verifying that the treatment methods used are appropriate and  
            the treatment provider is competent and well-trained.

          "At some future date, when California offers sex offender  
            treatment to all sex offenders, and when sex offender  
            treatment providers are required to be credentialed by the  
            state, policy makers may want to consider making successful  
            completion of treatment a factor in determining duration of  
            registration.  Similarly, if information on supervision  
            cooperation is incorporated in the state sex offender registry  
            at some future date, policy makers may want to consider  
            whether successful completion of probation or parole should  
            also factor into the duration of registration requirements.

          "The committee recommends that changes to California law on  
            registration apply prospectively.  Probation did not begin to  
            score all sex offenders pre-sentencing until July 1, 2008.   
            Parole began to score all sex offenders prior to release from  
            prison in 2006.  For purposes of tier determinations, the  
            pre-sentencing Static-99 score must be used--re-scoring will  
            not be available.  However, registrants who do not have  
            Static-99 score which was computed pre-sentencing on or after  
            July 1, 2008, may use a Static-99 score which was done by  
            Parole prior to release from prison on or after January 1,  
            2006.  Other registered sex offenders, who do not have a  
            pre-sentencing score or a score done prior to release on  
            Parole after 2005, may request to be scored through their  
            registering law enforcement agency for purposes of determining  
            tier level.  Those offenders who were not scored  
            pre-sentencing or on release from prison in 2006 or afterward,  
            and who do not request a score, will remain in the lifetime  
            registration tier.  Since no SARATSO instrument is currently  
            available for scoring female sex offenders, tier level will be  
            determined by utilizing the other factors in each tier,  
                                    without regard to risk assessment scores.









                                                                  AB 702
                                                                  Page  11

          "We also recommend posting all offenders in Tiers 2 and 3 on the  
            public Megan's Law Internet web site, and that California  
            eliminate its current law permitting designated sex offenders  
            to apply for exclusion from the Internet website (Pen. Code,   
            290.46, subd. (e).)"   
            (.)

           6)December 16, 2010 California Research Bureau Report  :  In  
            December 2010, the California Research Bureau (CRB) published  
            a report which reviewed practices and procedures throughout  
            the United States regarding the registration of sex offenders.  
             Specifically the CRB examined:  (a) registration  
            requirements, (b) tiered registration, (d) the duration of  
            registration, and (d) best practices and the overall  
            cost-effectiveness of sex offender registration requirements.   
            Specifically CRB examined how other states have implemented  
            registration requirements.  

          "For a review of sex offender registration practices in other  
            states, we selected states bordering California: Arizona,  
            Nevada, and Oregon; and states with large populations and/or  
            similar demographic characteristics as California:  Florida,  
            New Jersey, New York, Pennsylvania and Texas.  For each of  
            these states, we have compiled the following information: 

          "The offenses which require offender registration. 

          "The duration and type of registration (tiered vs. nontiered,  
            i.e., duration based on type of crime committed and/or risk  
            for reoffense). 

          "Any residency or occupational restrictions placed on  
            registrants. 

          "These states have many registrable sex offenses in common such  
            as sexual assault, luring or kidnapping of a minor, possessing  
            child pornography, etc.  However, they vary in the duration of  
            registration requirements and in whether or not they place  
            occupational or residency restrictions on registrants. 

          "Of the states reviewed, only one, Florida, requires lifetime  
            registration.  The others have tiers for registration - based  
            on prior convictions or the type of offense, i.e., registering  








                                                                  AB 702
                                                                  Page  12

            for ten, 15 or 20 years for first-time offenses; and lifetime  
            registration for more violent or repeat offenses.  Some of the  
            states do allow registrants to petition for removal from the  
            list, generally after a period of not committing any  
            registrable offenses.  In contrast, California requires  
            lifetime registration for all offenses, and only allows people  
            convicted of certain misdemeanor sex offenses to apply for a  
            certificate of rehabilitation with a trial court.  If the  
            certification is granted, they might be released from the duty  
            to register --- but not in all cases.

          "Of the states reviewed, all have either some form of residency  
            or occupational restrictions.  Only one, Oregon, has both  
            types of restrictions.  In Oregon, sex offenders cannot reside  
            'near locations where children are the primary occupants or  
            users,' or live with other sex offenders.  They are also  
            ineligible to become teachers.  In California, sex offenders  
            cannot reside within 2,000 feet of 'any public or private  
            school, or park where children regularly gather.'  They may be  
            subject to local ordinances that limit where they can live  
            even further.  Also, a registered sex offender in California  
            whose victim was under the age of 16 cannot work with minor  
            children.  The other selected states in this brief which have  
            some type of residency restriction generally limit how close a  
            sex offender may live in proximity to a school, daycare  
            center, playground or any other place where children  
            congregate.  Occupational restrictions can sometimes be more  
            haphazard: New York, for example, prohibits sex offenders from  
            operating ice cream trucks, but has no other limitations.  In  
            some states, such as Pennsylvania and Texas there may be  
            restrictions placed on offenders as a condition of parole, but  
            not required by statute."

           7)Argument in Support  :  

             a)   According to the  California Coalition Against Sexual  
               Assault (CALCASA) ,"As the state coalition representing over  
               84 rape crisis programs and service providers in the state,  
               CALCASA provides the unifying vision and to Californians  
               speaking out against sexual violence.  

               "This bill would reform California's sex offender  
               registration requirement from a catch-all lifetime system  
               to a research-based tiered requirement based on risk  
               assessment, crime of conviction and other factors.  








                                                                  AB 702
                                                                  Page  13


               "The California Sex Offender Management Board (CASOMB), of  
               which CALCASA is a member, is an independent  
               multidisciplinary body that was created by the Legislature  
               to provide evidence-based policy recommendations to  
               legislators, staff, and the Governor, supports the tiered  
               registration model.  AB 702's registration tiers considers  
               the Board's recommendation of 'the seriousness of the  
               offender's criminal history, the empirically assessed risk  
               level of the offender, and whether the offender is a  
               recidivist or has violated California's sex offender  
               registration law'  (CASOMB January 2010 Report, page 96).  

               "This reform, if implemented correctly, will allow the  
               state and public safety officials to prioritize resources  
               and to focus attention on those offenders that are highest  
               at risk of re-offending.  This prioritization will spend  
               public resources responsibly, while at the same time  
               further protecting public safety."  

             b)   According to the  California Coalition on Sexual  
               Offending  , "Since I am not able to be present in person to  
               speak on behalf of the California Coalition On Sexual  
               Offending (CCOSO) in favor of Assembly Bill 702, I am  
               writing to state our organization's support for the changes  
               which would be made by this legislation.

               "With the revisions to the registration law that would be  
               created by AB 625, California will be able to do a better  
               job of tracking the state's Registered Sex Offenders and  
               will be able to begin to follow one of the basic principles  
               of correctional management: devote the
               greatest amount of attention and resource to those who pose  
          the greatest risk.

               "Universal lifetime registration for sex offenders serves  
               little purpose with respect to increasing community safety.  
                On the contrary, it dilutes resources and makes it appear  
               that there are huge numbers of highly dangerous  
               ex-offenders living in the state.  While a certain number  
               of sex offenders may well pose a continuing danger and  
               should continue to be required to register for life, many  
               of those currently listed pose no greater threat of  
               sexually re-offending than does an average adult male.  
               Increasingly, the research supports a differentiated  








                                                                  AB 702
                                                                  Page  14

               approach using the best available science to assess actual  
               risk - an approach such as that introduced by AB 702.

               "Our organization's goal is to end sexual abuse and  
               victimization in California and the work of our hundreds of  
               members in providing assessment, treatment, supervision and  
               other services to those who have committed sexual assault  
               crimes is focused on a safer California. We believe that AB  
               702 is a well-considered piece of legislation that will  
               assist California in striving for that goal."

           8)Prior Legislation  :  AB 625 (Ammiano), of the 2011-12  
            legislative session, would have established a three-tiered  
            registration system for sex offenders for periods of 10 years,  
            20 years, or life.  AB 625 failed passage on the Assembly  
            Floor.  

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Civil Liberties Union
          California Coalition Against Sexual Assault
          California Coalition on Sexual Offending
          California Public Defenders Association
          California Reform Sex Offender Laws 
          Friends Committee on Legislation of California 
          Taxpayers for Improving Public Safety

           Opposition 
           
          Crime Victims United of California
           

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