Amended in Senate June 26, 2014

Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2411


Introduced by Assembly Member Bonta

(Principal coauthor: Senator Leno)

February 21, 2014


An act to amend Sections 1203.067 and 3008 of the Penal Code, relating to correctionsbegin insert, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 2411, as amended, Bonta. Probation and parole.

Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. Existing law requires that the length of the period in the program be determined by a certified sex offender management professional in consultation with the probation or parole officer and as approved by the court.

This bill would require participation in the above programs to apply without regard to when the crime or crimes for which the person is on probation or parole were committed. By increasing the penalties for existing crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1203.067 of the Penal Code is amended
2to read:

3

1203.067.  

(a) Notwithstanding any other law, before probation
4may be granted to any person convicted of a felony specified in
5Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is
6eligible for probation, the court shall do all of the following:

7(1) Order the defendant evaluated pursuant to Section 1203.03,
8or similar evaluation by the county probation department.

9(2) Conduct a hearing at the time of sentencing to determine if
10probation of the defendant would pose a threat to the victim. The
11victim shall be notified of the hearing by the prosecuting attorney
12and given an opportunity to address the court.

13(3) Order any psychiatrist or psychologist appointed pursuant
14to Section 288.1 to include a consideration of the threat to the
15victim and the defendant’s potential for positive response to
16treatment in making his or her report to the court. Nothing in this
17section shall be construed to require the court to order an
18examination of the victim.

19(b) On or after July 1, 2012, the terms of probation for persons
20placed on formal probation for an offense that requires registration
21pursuant to Sections 290 to 290.023, inclusive, shall include all of
22the following:

23(1) Persons placed on formal probation prior to July 1, 2012,
24shall participate in an approved sex offender management program,
25following the standards developed pursuant to Section 9003, for
26a period of not less than one year or the remaining term of
27probation if it is less than one year. The length of the period in the
28program is to be determined by the certified sex offender
P3    1management professional in consultation with the probation officer
2and as approved by the court. Participation in this program applies
3to every person described without regard to when his or her crime
4or crimes were committed.

5(2) Persons placed on formal probation on or after July 1, 2012,
6shall successfully complete a sex offender management program,
7following the standards developed pursuant to Section 9003, as a
8condition of release from probation. The length of the period in
9the program shall be not less than one year, up to the entire period
10of probation, as determined by the certified sex offender
11management professional in consultation with the probation officer
12and as approved by the court. Participation in this program applies
13to each person without regard to when his or her crime or crimes
14were committed.

15(3) Waiver of any privilege against self-incrimination and
16participation in polygraph examinations, which shall be part of the
17sex offender management program.

18(4) Waiver of any psychotherapist-patient privilege to enable
19communication between the sex offender management professional
20and supervising probation officer, pursuant to Section 290.09.

21(c) Any defendant ordered to be placed in an approved sex
22offender management program pursuant to subdivision (b) shall
23be responsible for paying the expense of his or her participation
24in the program as determined by the court. The court shall take
25into consideration the ability of the defendant to pay, and no
26defendant shall be denied probation because of his or her inability
27to pay.

28

SEC. 2.  

Section 3008 of the Penal Code is amended to read:

29

3008.  

(a) The Department of Corrections and Rehabilitation
30shall ensure that all parolees under active supervision who are
31deemed to pose a high risk to the public of committing sex crimes,
32as determined by the State-Authorized Risk Assessment Tool for
33Sex Offenders (SARATSO), as set forth in Sections 290.04 to
34290.06, inclusive, are placed on intensive and specialized parole
35supervision and are required to report frequently to designated
36parole officers. The department may place any other parolee
37convicted of an offense that requires him or her to register as a sex
38offender pursuant to Section 290 who is on active supervision on
39intensive and specialized supervision and require him or her to
40report frequently to designated parole officers.

P4    1(b) The department shall develop and, at the discretion of the
2secretary, and subject to an appropriation of the necessary funds,
3may implement a plan for the implementation of relapse prevention
4treatment programs, and the provision of other services deemed
5necessary by the department, in conjunction with intensive and
6specialized parole supervision, to reduce the recidivism of sex
7offenders.

8(c) The department shall develop control and containment
9programming for sex offenders who have been deemed to pose a
10high risk to the public of committing a sex crime, as determined
11by the SARATSO, and shall require participation in appropriate
12programming as a condition of parole.

13(d)  On or after July 1, 2012, the parole conditions of a person
14released on parole for an offense that requires registration pursuant
15to Sections 290 to 290.023, inclusive, shall include all of the
16following:

17(1) Persons placed on parole prior to July 1, 2012, shall
18participate in an approved sex offender management program,
19following the standards developed pursuant to Section 9003, for
20a period of not less than one year or the remaining term of parole
21if it is less than one year. The length of the period in the program
22is to be determined by the certified sex offender management
23professional in consultation with the parole officer and as approved
24by the court. Participation in this program applies to each person
25without regard to when his or her crime or crimes were committed.

26(2) Persons placed on parole on or after July 1, 2012, shall
27successfully complete a sex offender management program,
28following the standards developed pursuant to Section 9003, as a
29condition of parole. The length of the period in the program shall
30be not less than one year, up to the entire period of parole, as
31determined by the certified sex offender management professional
32in consultation with the parole officer and as approved by the court.
33Participation in this program applies to every person described
34without regard to when his or her crime or crimes were committed.

35(3) Waiver of any privilege against self-incrimination and
36participation in polygraph examinations, which shall be part of the
37sex offender management program.

38(4) Waiver of any psychotherapist-patient privilege to enable
39communication between the sex offender management professional
40and supervising parole officer, pursuant to Section 290.09.

P5    1(e) Any defendant ordered to be placed in an approved sex
2offender management treatment program pursuant to subdivision
3(d) shall be responsible for paying the expense of his or her
4participation in the program. The department shall take into
5consideration the ability of the defendant to pay, and no defendant
6shall be denied discharge onto parole because of his or her inability
7to pay.

8

SEC. 3.  

No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California
16Constitution.

17begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
18immediate preservation of the public peace, health, or safety within
19the meaning of Article IV of the Constitution and shall go into
20immediate effect. The facts constituting the necessity are:

end insert
begin insert

21In order to promote public safety and the effective use of the
22containment model for managing sex offenders in the community
23at the earliest possible time, it is necessary that this act take effect
24immediately.

end insert


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