BILL ANALYSIS Ó AB 2569 Page 1 Date of Hearing: May 11, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2569 (Melendez) - As Amended April 25, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires the Department of Justice Office of Victim Assistance to speak to a victim, in order to determine if granting an exclusion from the Megan's Law Website for an offender who commits a specified sexual offense against a victim who is the child, stepchild, sibling, or grandchild of the offender (the "interfamilial exemption") would be in the best in interest of the victim. Also, the offender is required to be on probation for at least one year before the application for exclusion can be granted. FISCAL EFFECT: AB 2569 Page 2 According to background material provided, there are approximately 60 qualifying offenders per year. If the interview were to result in a cost of $2,500 to $3,000 per interview, for staff time, consultation with a child psychologist if necessary, preparation, travel, and any follow-up, the annual GF cost to DOJ would be in the $150,000 to $180,000 range. COMMENTS: 1)Background. Current law provides that an offender may apply for an interfamilial exclusion if they were convicted of specified offenses, submit proper paperwork, and clearly demonstrate that they are the victim's parent, stepparent, sibling, or grandparent, and the offense did not involve oral copulation or sexual penetration, as specified. If subsequent to the application for interfamilial exclusion, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Megan's Law Website shall be terminated. For the application to be granted, the offender must have a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) showing a low-to low-moderate risk of re-offense.. According to background information provided by the California Department of Justice at the time the exclusion was enacted, the interfamilial exemption was provided to protect the identity of minor victims of interfamilial molestation. The publishing of the perpetrator's name, offense, address, and photograph on the Megan's Law website would also provide information to the community that a reasonable person would piece together and disclose the fact that a minor was in fact AB 2569 Page 3 a victim of molestation. Many victims' families do not want their family member posted online. The fact that a family member may be posted could deter reporting the abuse at all. The idea of the exclusion was to encourage reporting and to shield victims and their families, who may be outed in small communities when the offender is posted. 2)Purpose. According to the author, "Since 2011, over 1,000 sex offenders have been excluded from the Megan's Law website. Nearly half of the approved applications each year are for sex offenders who commit their sex crimes against family members. Within the past two years, 121 offenders were excluded from the website because they were related to their victim. Even more horrifying is every application that meets the exclusion will automatically be granted. AB 2569 will modify the Megan's Law exclusion for sex offenders who are related to their victim. The DOJ will be required to interview the victim and the exclusion will be granted if they determine it is in the victim's best interest. 3)Support. According to United Advocates for Children and Families, "About 90% of children who are victims of abuse know their abuser. Only 10% of sexually abused children are abused by a stranger. Approximately 30% of children who are sexually abused are abused by family members. "Familial abuse effects the whole family for a longer time because the abuser is often still around the family and victim and becomes the 'secret' in the family. This causes discord and suspicion within the family and extended family and the victim is traumatized over and over again." AB 2569 Page 4 4)Argument in Opposition: According to the American Civil Liberties Union, "AB 2569, is a bill that seeks to eliminate the authority for the Department of Justice to exclude a person on the sex offender registry from disclosure of their information on the internet if the person is a parent, stepparent, sibling or grandparent of the victim, and specific criteria have been met. While it may seem counter-intuitive, the purpose of this provision is to protect the privacy and welfare of victims, particularly minor victims, and it should not be eliminated. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081