BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1108
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1108 (Perea and Frazier)
          As Amended  September 3, 2013
          Majority vote
           
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          |ASSEMBLY:  |70-0 |(May 16, 2013)  |SENATE: |39-0 |(September 9,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  
           
          SUMMARY  :  Makes it a misdemeanor for any person required to  
          register as a sex offender based on the commission of an offense  
          against a minor to reside (except as a client), to work, or to  
          volunteer in specified foster homes or facilities.  
           
          The Senate amendments  :

          1)Clarify the facility types.

          2)Include facilities receiving minors declared wards of the  
            court based on truancy or other status offenders.

          3)Clarify that this section does not limit the authority of the  
            Department of Social Services (DSS) to deny a criminal record  
            exemption request under other statutes.

           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:

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

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









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             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. 

          2)Prohibits registrants whose crime was against a victim under  
            age 16 from working with minors as an employee or volunteer,  
            under specified circumstances.  Provides that if the  
            registrant's crime was not against a victim under age 16, the  
            registrant must notify the employer or volunteer organization  
            of his status as a registrant.  

          3)Provides, in a statute entitled "Sex Offender Registrant  
            Parolees," that notwithstanding any other provision of law,  
            when a person is released on parole after having served a term  
            of imprisonment in a state prison for which registration as a  
            sex offender is required, that person may not, during the  
            period of parole, reside in any single family dwelling with  
            any other person also required to register as a sex offender,  
            unless those persons are legally related by blood, marriage,  
            or adoption.  

          4)Prohibits any person required to register as a sex offender  
            from residing within 2,000 feet of any public or private  
            school, or park where children regularly gather.  

          5)Provides that notwithstanding any other provision of law, an  
            inmate who is released on parole for a violation of lewd and  
            lascivious acts with a child, or continuous sexual abuse of a  
            child, whom the California Department of Corrections and  
            Rehabilitation (CDCR) has determined poses a high risk to the  
            public shall not be placed or reside, for the duration of his  
            or her parole, within one-half mile of any public or private  
            school including any or all of Kindergarten and Grades 1  
            through 12, inclusive.  

          6)Establishes the California Community Care Facilities Act  








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            (CCFA) to provide a comprehensive statewide service system of  
            quality community care for people who have a mental illness, a  
            developmental or physical disability, and children and adults  
            who require care or services by a facility or organization.  

          7)Authorizes DSS to license facilities or organizations that  
            provide services under the jurisdiction of the CCFA.  

          8)Prohibits the issuance of a license to operate or manage a  
            community care facility to a person convicted of specified  
            crimes, including a crime requiring as a sex offender  
            registration, unless an exemption is granted.  

          9)Allows the director of DSS to grant an exemption from  
            disqualification for a license based on criminal record  
            information, but prohibits the granting of an exemption for  
            specified crimes.  

          10)Provides that any person required to register as a sex  
            offender shall disclose this fact to the licensee of a  
            community care facility before becoming a client of that  
            facility.  Any person or persons operating a community care  
            facility that accepts as a client an individual who is  
            required to register as a sex offender shall confirm or deny  
            whether any client of the facility is a registered sex  
            offender in response to any person who inquires whether any  
            client of the facility is a registered sex offender, as  
            specified.  

          11)Provides that any person who violates the CCFA, as specified,  
            or who willfully or repeatedly violates any rule or regulation  
            promulgated under the Act, is guilty of a misdemeanor.  

          12)Allows a minor to be removed from the home and placed in  
            foster care (for example, the home of a relative,  
            non-relative, or community care facility) when declared to be  
            a dependent or a ward of the juvenile court.  

          13)Provides that prior to placing a child in the home of a  
            relative, or the home of any prospective guardian or other  
            person who is not a licensed or certified foster parent, the  
            county social worker must visit the home, conduct a criminal  
            records check and a check of the Child Abuse Central Index.  

           AS PASSED BY THE ASSEMBLY  , this bill:








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          1)Prohibited any person required to register as a sex offender  
            based on the commission of an offense against a minor from  
            residing, except as a client, and from working or volunteering  
            in the following foster homes or facilities:

             a)   A foster home or facility licensed by the State  
               Department of Social Services or a county child welfare  
               services agency;

             b)   A certified home of a foster care agency; and,

             c)   A home or facility that receives a placement of a child  
               who has been, or may be, declared a dependent or a ward of  
               the juvenile court.

          2)Specified that a violation is punishable as a misdemeanor.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Potential ongoing court-related costs for new misdemeanor  
            filings of $24,000 (General Fund*) for every 50 additional  
            filings per year.  To the extent existing provisions of the  
            Health and Safety Code provide a similar prohibition on  
            registered sex offenders, the increase in the number of  
            filings is estimated to be minor.

          2)Potential costs to the Department of Justice related to  
            enforcement of up to $150,000 (General Fund) per year to  
            update sex offender registrant information, record retrieval  
            and analysis, and workload associated with increased  
            enforcement-related inquiries from various agencies. 

          3)Annual non-reimbursable local law enforcement costs, offset to  
            a degree by fine revenue.

          4)While the impact of this bill independently on local jails is  
            likely to be minor, the cumulative effect of new misdemeanors  
            could create General Fund cost pressure on capital outlay,  
            staffing, programming, the courts, and other resources in the  
            context of criminal justice realignment.

          *Trial Court Trust Fund









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           COMMENTS  :  According to the author, "AB 1108 would explicitly  
          prohibit registered sex offenders who commit an offense against  
          minors from living, working or volunteering in licensed and  
          unlicensed children's facilities or child welfare services  
          placements.  State licensed and unlicensed facilities that serve  
          children should be safe places.  We need to make sure our state  
          agencies and law enforcement are using all the tools available  
          to them to keep sex offenders away from our must vulnerable  
          children."

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


          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744 


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