BILL ANALYSIS Ó
AB 2411
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2411 (Bonta)
As Amended June 26, 2014
2/3 vote. Urgency
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|ASSEMBLY: |75-0 |May 29, 2014 |SENATE: |36-0 |(August 27, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that participation in the sex offender
management program is required by every probationer and parolee
convicted of a crime requiring registration as a sex offender
regardless of when the person's crime or crimes were committed.
The Senate amendment adds an urgency clause.
EXISTING LAW :
1)Requires lifetime parole for habitual sex offenders; persons
convicted of kidnapping a child under the age of 14 with the
intent to commit a specified sex act; and persons convicted of
specified sex crimes, including the sexual assault of a child.
2)Requires up to a 10-year parole period for an inmate sentenced
for committing a lewd and lascivious act upon a victim under
14 years of age.
3)Requires a 20.5-year parole period for an inmate whose
underlying offense requires him or her to register as a sex
offender for rape, sodomy, lewd and lascivious acts, continual
sexual abuse of a child, and other specified sex crimes in
which the victim was under the age of 14 years.
4)Requires the court, before granting probation to an eligible
defendant convicted of specified felony sex crimes, to order
the person evaluated by the county probation department; order
a psychiatrist or psychological evaluation that considers the
threat to the victim and the defendant's potential for
positive response to treatment; and conduct a hearing to
determine if probation of the defendant would pose a threat to
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the victim.
5)Requires persons placed on formal probation before July 1,
2012, to participate in an approved sex offender management
program, as specified, for a period of at least one year or
the remaining term of probation if it is less than one year.
Provides that the certified sex offender management
professional, in consultation with the probation officer and
as approved by the court, is to determine the length of the
period in the program.
6)Requires persons placed on formal probation on or after July
1, 2012, to complete successfully a sex offender management
program, as specified, as a condition of release from
probation. Provides that the length of the period in the
program is not to be less than one year, up to the entire
period of probation, as determined by the certified sex
offender management professional in consultation with the
probation officer and as approved by the court.
7)Requires the Department of Corrections and Rehabilitation
(CDCR) to ensure that all parolees under active supervision
who are deemed to pose a high risk to the public of committing
sex crimes, as determined by the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO), are placed on
intensive and specialized parole supervision and are required
to report frequently to designated parole officers. Allows
CDCR to place any other parolee convicted of a registerable
sex offense on intensive and specialized supervision and
require him or her to report frequently to designated parole
officers.
8)Requires CDCR to develop control and containment programming
for sex offenders who have been deemed to pose a high risk to
the public of committing a sex crime, as determined by the
SARATSO, and require their participation in appropriate
programming as a condition of parole.
9)Requires persons placed on parole before July 1, 2012, to
participate in an approved sex offender management program, as
specified, for a period of at least one year or the remaining
term of parole if it is less than one year. Provides that the
certified sex offender management professional, in
consultation with the parole officer and as approved by the
court, is to determine the length of the period in the
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program.
10)Requires persons placed on parole on or after July 1, 2012,
to complete successfully a sex offender management program, as
specified, as a condition of parole. Provides that the length
of the period in the program is not to be less than 1 year, up
to the entire period of parole, as determined by the certified
sex offender management professional in consultation with the
parole officer and as approved by the court.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Continued ongoing costs (General Fund) to CDCR to provide sex
offender management programs as a condition of parole for
defendants whose offenses occurred prior to September 9, 2010.
2)Potential non-reimbursable costs (Local) for probation
departments to provide sex offender management programs as a
condition of probation for defendants whose offenses occurred
prior to September 9, 2010. Costs are estimated to be
non-reimbursable to the extent the treatment program
activities are considered punishment for the crime, as changes
to the penalty for a crime are not reimbursable under
Government Code Section 17556.
COMMENTS : According to the author, "The introduced version of
the bill requires the AG [Attorney General] to develop
guidelines governing the collection of eyewitness evidence in
showups, photo arrays, and live lineups. The introduced version
of the bill requires that the guidelines include a requirement
that the administrator of a lineup be a neutral independent
administrator, when feasible, and that a person who is familiar
with the identity of a suspect who is participating in a
photographic lineup or physical lineup shall not be present
during the administration of the lineup.
"The amended version of the bill deletes the two latter
provisions relating to the specific guideline requirements.
Instead, we've submitted amendments to specifically require the
AG to take into account those practices that require a blind
administrator to conduct the lineup in her collection of
procedures. Therefore, we are not presupposing that we know the
best practices; we are giving the AG the discretion to make that
determination. In making that determination, we are mandating
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that she thoroughly review blind lineup procedures in order to
finally obtain an objective statewide overview of the
effectiveness of those procedures."
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0005006