BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 1475 Hearing Date: June 16, 2015
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|Author: |Cooper |
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|Version: |March 26, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|JM |
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Subject: Sexual Assault Response Team
HISTORY
Source: California Clinical Forensic Medical Training Center
Prior Legislation: AB 406 (Torres) - Ch. 406, Stats. of 2013
AB 2229 (Brownley) - Chapter 464, Stats. of
2010
AB 1441 (Garcia) - 2003-04, held in Assembly
Appropriations
AB 1858 (Hollingsworth) - Ch. 1090, Stats.
of 2002
Support: California District Attorneys Association; California
Association of Crime Laboratory Directors; Association
of Deputy District Attorneys; Association for Los
Angeles Deputy Sheriffs; California Association of
Code Enforcement Officers; California Coalition
Against Sexual Assault; California College and
University Police Chiefs; California Narcotics
Officers Association; California Police Chiefs
Association; California Sexual Assault Investigators
Association; California State Sheriffs' Association;
Los Angeles Police Protective League;
Riverside Sheriffs Association
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Opposition:None known
Assembly Floor Vote: 77 - 0
PURPOSE
The purpose of this bill is to 1) authorize each county to
create a multi-agency Sexual Assault Response Team (SART) with
the function or objective of coordinating responses to sexual
crimes across various agencies and entities, including law
enforcement, prosecution, victim services and public health; and
2) require SART programs to investigate and employ best
practices, assess trends and evaluate the effectiveness of
related practices and protocols, as specified.
Existing law:
Authorizes counties to establish and implement a Sexual Assault
Felony Enforcement (SAFE) Team programs. (Pen. Code, § 13887.)
Provides that the mission of the SAFE Team program shall be to
reduce violent sexual assault offenses in the county through
proactive surveillance and arrest of habitual sex offenders, and
by the strict enforcement of sex offender registration
requirements. (Pen. Code §13887.1, subd. (a).)
States that the proactive surveillance and arrest authorized for
SAFE Team programs shall be conducted within the limits of
statutory and constitutional law. (Pen. Code §13887.1, subd.
(b).)
Provides that the mission of the SAFE Team program shall also be
to provide community education on sex offender registration
requirements. The goal of community education requirements is
to do all of the following:
Provides information to the public about ways to protect
themselves and families from sexual assault.
Emphasizes the importance of using the knowledge of the presence
of registered sex offenders to enhance public safety.
Explains that harassment or vigilantism against sex offender
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registrants may cause them to disappear and attempt to live
without supervision, or to register as transients, which defeat
the purpose of sex offender registration. (Pen. Code, §
13887.1, subd. (c)(1)-(3).)
States that the regional SAFE Teams may consist of officers and
agents from the following law enforcement agencies:
Police departments
Sheriff's departments;
The Bureau of Investigations of the Office of the
District Attorney;
County probation departments; (Pen Code, § 13887.2 subds
(a)-(d).)
Provides to the extent that these agencies have available
resources, SAFE Teams may consist of officers and agents of the
following agencies:
The Department of Justice
The Department of the California Highway Patrol
The Department of Corrections and Rehabilitation
The Federal Bureau of Investigation. (Pen. Code, §
13887.2, subd. (e)(1)-(4).)
Requires SAFE Team programs to have the following objectives:
To identify, monitor, arrest, and assist in the
prosecution of habitual sex offenders who violate the terms
and conditions of their probation or parole, who fail to
comply with sex offender registration requirements, or who
commit new sexual assault offenses;
To collect data to determine if the proactive law
enforcement procedures of this program are effective in
reducing violent sexual assaults; and,
To develop procedures for operating a
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multi-jurisdictional task force. (Penal Code Section
13887.3.)
This bill:
Authorizes each county to establish and implement a SART program
for a the purpose of providing a forum for interagency
cooperation and coordination, to assess and make recommendations
for the improvement in the local sexual assault intervention,
and to facilitate improved communications and working
relationships to effectively address the problem of sexual
assault in California.
States that each SART may consist of representatives of
following public and private agencies or organizations:
Law enforcement agencies;
County district attorney's offices;
Rape crisis centers;
Local sexual assault forensic teams; and,
Crime laboratories.
Provides that depending on local needs and goals, each SART may
consist of representatives of following public and private
agencies or organizations:
Child protective services;
Local victim and witness service centers;
County public health departments;
County mental health service departments; and,
Forensic interview centers.
Requires SART programs to have the following functions or
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objectives:
Review local sexual assault intervention undertaken by
all disciplines to promote effective intervention and best
practices;
Assess relevant trends, including drug-facilitated
sexual assault, the incidence of predatory date rape, and
human sex trafficking;
Evaluate the cost-effectiveness and feasibility of a per
capita funding model for local sexual assault forensic
examination teams to achieve stability for this component;
and,
Evaluate the effectiveness of individual agency and
interagency protocols and systems by conduction case
reviews of cases involving sexual assault.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as "of
February 11, 2015, 112,993 inmates were housed in the State's 34
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adult institutions, which amounts to 136.6% of design bed
capacity, and 8,828 inmates were housed in out-of-state
facilities. This current population is now below the
court-ordered reduction to 137.5% of design bed capacity."(
Defendants' February 2015 Status Report In Response To February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison
population, the state now must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Sexual assault is now recognized as endemic in
American society with 1 in 4 women reporting having
been sexually assaulted in their lifetime. The first
SART was established in Santa Cruz County in
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California in 1985. Some counties have moved slowly
forward to emulate this model with varying composition
and success. The California Sexual Assault Response
Team (SART) Report was published by CCFMTC which
visited 20 counties and observed varying success,
composition, and direction. These needs were
identified: a local agency champion; active
participation by key agencies and organizations;
increased collaboration and endorsement from elected
and appointed officials; standard operating policies,
procedures and protocols; case review to identify
systemic problems and corrective action plans;
reliable and systematic distribution of information
about trends such as drug facilitated sexual assault,
recognition and identification of predator date rape,
human trafficking; ensuring the operational and
financial stability of the sexual assault forensic
examination team which is dependent on fluctuating
fee-for-service revenue yet stable monthly operating
costs. As part of the forensic medical examination,
examination teams collect DNA from the victim/patient
which is submitted to the crime laboratory and
uploaded into the Combined DNA Index System (CODIS).
Other key evidence is collected as well.
2. College and University Sexual Assault Response and
Prevention Offices
The issue of sexual assault on college campuses has been widely
discussed in recent years, including through a noted
documentary<1> Part of the discussion has concerned the fact
that Title IX federal funding is conditioned on colleges and
universities developing policies to address sexual assault.
Title IX (20 U.S.C. §1681 et seq) prohibits discrimination on
the basis of sex in any public or private school (from
elementary through graduate school). Title IX is most commonly
associated with requiring equal access to athletic programs for
women in U.S. colleges, Title IX has a much broader reach than
athletics access to athletics. Within the meaning of Title IX,
discrimination also includes sexual harassment or sexual
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<1>
http://www.nytimes.com/2015/01/26/movies/the-hunting-ground-a-fil
m-about-rape-culture-at-colleges.html
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violence. Each school that receives federal funds must develop
a policy to address discrimination of sex, including sexual
assault. The school must designate a Title IX coordinator who
shall oversee complaints of sex discrimination and identify and
address patterns or systemic problems that discovered through
reviewing complaints.
The U.S. Department of Education, Office for Civil Rights has
explained what a school must do to comply with Title IX. A
publication from the office entitled "Know Your Rights" has
explained the requirements a school must meet in addressing
sexual harassment or sexual violence:
Title IX requires schools to adopt and publish grievance
procedures for students to file
complaints of sex discrimination, including complaints of sexual
harassment or sexual violence.
Schools can use general disciplinary procedures to
address complaints of sex discrimination. But all
procedures must provide for prompt and equitable resolution
of sex discrimination complaints.
Every complainant has the right to present his or her
case. This includes the right to adequate, reliable, and
impartial investigation of complaints, the right to have an
equal opportunity to present witnesses and other evidence,
and the right to the same appeal processes, for both
parties.
Every complainant has the right to be notified of the
time frame within which: (a) the school will conduct a full
investigation of the complaint; (b) the parties will be
notified of the outcome of the complaint; and (c) the
parties may file an appeal, if applicable.
Every complainant has the right for the complaint to be
decided using a preponderance of the evidence standard
(i.e., it is more likely than not that sexual harassment or
violence occurred).
Every complainant has the right to be notified, in
writing, of the outcome of the complaint.
Even though federal privacy laws limit disclosure of
certain information in disciplinary proceedings:
o Schools must disclose to the complainant
information about the sanction imposed on the
perpetrator when the sanction directly relates to the
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harassed student. This includes an order that the
harasser stay away from the harassed student, or that
the harasser is prohibited from attending school for a
period of time, or transferred to other classes or
another residence hall.
o Additionally, the Clery Act (20 U.S.C.
§1092(f)), which only applies to postsecondary
institutions, requires that both parties be informed
of the outcome, including sanction information, of any
institutional proceeding alleging a sex offense.
Therefore, colleges and universities may not require a
complainant to abide by a non-disclosure agreement, in
writing or otherwise.
o The grievance procedures may include voluntary
informal methods (e.g., mediation) for resolving some
types of sexual harassment complaints. However, the
complainant must be notified of the right to end the
informal process at any time and begin the formal
stage of the complaint process. In cases involving
allegations of sexual assault, mediation is not
appropriate.
Another federal law - the Clery Act - requires colleges to
report crime on campus.<2> It has been found that reports of
sexual assaults rise when Clery Act reporting is audited.
Following an audit, reports fall again. Further, the quality of
sexual assault investigations and disciplinary procedures on
colleges and universities has been the subject of strong
criticism.<3> Including college law enforcement and Title IX
coordinators on SART teams could improve the quality of
investigations and the accuracy of reporting campus sexual
assaults.
As explained in Comment 5, the author is amending this bill to
include Title IX Coordinators and police agencies in its
provisions.
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<2>
http://www.nytimes.com/2015/02/08/opinion/sunday/confusion-about-
college-sexual-assault.html
<3>
http://www.nytimes.com/2014/02/09/education/edlife/stepping-up-to
-stop-sexual-assault.html?_r=0
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3. Prevention Programs in College Settings; Consideration of
Prevention Strategies by SART Teams
Colleges and universities - even large schools such as UC
Berkeley, UCLA and USC - are relatively close-knit communities.
Even apart from the threat of losing federal funding, it appears
that sexual assault response and prevention programs could be
effectively implemented and assessed in such settings.
Successful programs could be adapted by SART participants to
other settings. It is thus recommended that investigation and
implementation of evidence-based sexual assault prevention
programs and techniques be included in the list of SART
objectives.
The University of New Hampshire<4> largely developed a program
of "bystander intervention" that has been demonstrated to be
effective in reducing sexual assault. Bystander intervention is
being notice implemented across the county. Television
advertisements or public service message during the 2015 Super
Bowl included dramatizations of bystander intervention
techniques. Bystander intervention does not typically require
direct confrontation of a potential sexual assault perpetrator.
It more often involves recognizing circumstances where sexual
assault may occur and changing the dynamics, context or
direction of the situation.<5> The Associated Students of the
University of California are petitioning UC to widely offer
bystander intervention training. Sexual assault prevention and
treatment advocates at the University of Virginia have
called-for mandatory bystander intervention training for
fraternities and sororities and the university has implemented
bystander programs. Numerous other colleges and universities
provide bystander intervention training or encourage students to
learn and use bystander intervention techniques.
---------------------------
<4>
http://cola.unh.edu/prevention-innovations/bringing-bystander%C2%
AE
<5>
http://www.nytimes.com/2014/02/09/education/edlife/stepping-up-to
-stop-sexual-assault.html?_r=0
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The New York State Department of Health generally describes
bystander intervention as follows:
Bystander intervention is the act of feeling empowered
and equipped with the knowledge and skills to
effectively assist in the prevention of sexual
violence. Bystander intervention doesn't have to
jeopardize the safety of the bystander. 2 Bystander
intervention and "bystander education programs teach
potential witnesses safe and positive ways that they
can act to prevent or intervene when there is a risk
for sexual violence. This approach gives community
members specific roles that they can use in preventing
sexual violence, including naming and stopping
situations that could lead to sexual violence before
it happens, stepping in during an incident, and
speaking out against ideas and behaviors that support
sexual violence. It also gives individuals the skills
to be an effective and supportive ally to survivors
after an assault has taken place.
As explained in Comment 5, the author is amending this bill to
include effective prevention strategies, as specified.
4. Prior Legislation
AB 406 (Torres), Chapter 406, Statutes of 2013, Deleted
the January 1, 2014 sunset date on provisions of law that
authorizes counties to establish child abuse
multidisciplinary personnel teams within that county to
allow provider agencies to share confidential information
in order to investigate reports of suspected child abuse
and neglect
AB 2229 (Brownley), Chapter 464, Statutes of 2010, authorized
members of a multidisciplinary personnel team engaged in
the prevention, identification, and treatment of child
abuse to disclose and exchange information telephonically
and electronically if there is adequate verification of the
identity of the multidisciplinary team members involved in
the disclosure or exchange of information.
AB 1441 (Garcia), of the 2003-04 Legislative Session
appropriated $15 million from the General Fund to the
Controller for distribution to county sheriffs for the
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implementation of county and regional SAFE Team programs.
AB 1441 was held on the Assembly Appropriations suspense
file.
AB 1858 (Hollingsworth), Chapter 1090, Statutes of 2002,
authorized counties to establish and implement SAFE Team
programs
5. Proposed Amendments to Address Issues Raised in the Analysis
The author has agreed to the following amendments:
The bill sets out two lists of entities that may be included in
a Sexual Assault and Response Team (SART). The amendments would
make two additions to the list of entities that may be included
in a SART "dependent on local needs and goals."
University and College Title IX Coordinators;
University and College police departments.
The bill also sets out SART objectives. The amendments would
include prevention strategies and collaborative efforts as SART
objectives. The amendment would read as follows:
[A SART] shall plan and implement effective prevention
strategies or collaborate with other agencies and
educational institutions to address both sexual assault by
strangers and sexual assault perpetrated by persons known
to the victim such as a friend or family member, a general
acquaintance of the victim, predatory date rape, and
associated risks created by binge drinking and
drug-facilitated sexual assault.
There is a drafting error in the portion of the bill concerning
objectives of SARTs. The bill refers to "predator date rape."
The bill should refer to "predatory date rape."
-- END -
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