BILL ANALYSIS �
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
FN: 0002382