BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1075       Hearing Date:    April 5, 2016    
          
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          |Author:    |Runner                                               |
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          |Version:   |February 16, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|ML                                                   |
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             Subject:  Department of Justice: Crime Statistics Reporting



          HISTORY

          Source:   Author

          Prior Legislation:None

          Support:  Unknown

          Opposition:         None known 
          

          PURPOSE

          The purpose of this bill is to require the Department of Justice  
          to include disaggregated information on child molestation crimes  
          in its annual statewide criminal statistics report, as  
          specified.   

          Existing law generally requires the Department of Justice (DOJ)  
          to publish an annual report containing statewide statistical  
          information pertaining to crime, as specified. (Penal Code §§  
          13010 et seq.)

          This bill requires DOJ to include in this annual report  
          "statistics on child molestation in the same format and within  







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          the same tables that report on the number, rate per 100,000  
          population, and percentage change in other violent crimes,  
          including rape."

          This bill provides that, for purposes of this provision, child  
          molestation shall include the combined total of offenses defined  
          in subdivisions (a) and (b) of Section 288 and Section 288.5."  

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several 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 December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 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).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  








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          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state 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:

            The California Department of Justice has prepared annual  
            statistical reports on crime for more than fifty years. The  
            report chronicles both violent and property crimes and  
            currently includes homicide, rape, robbery and aggravated  
            assault as well as burglary, grand theft and vehicle theft.  
            Arson was added in 1980. Over the years the definitions of  
            both rape and aggravated assault have changed to include  
            spousal rape and certain instances of domestic violence which  
            were historically ignored.  Child molest like spousal rape was  
            a crime that was largely ignored when the FBI Crime Index (and  








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            California Index) was first established.  In the 1960's and  
            1970's California often regarded child molest as a treatable  
            mental disorder sending offenders for treatment in mental  
            hospitals rather than prison under the state's Mentally  
            Disordered Sex Offender program (MDSO.) Until much more  
            recently interfamilial child molest was treated as a lesser  
            offense than stranger molest under California law. Offenders  
            who were members of the victim's household were often granted  
            probation rather than incarceration.

            The legislature and the law enforcement community commit  
            considerable resources to reduce sex offenses and to  
            apprehend, incarcerate and ultimately rehabilitate violators.   
            Public agencies also treat victims who often suffer life  
            altering emotional injury.

            Much of the focus of policymakers and the public is the  
            protection of the most vulnerable, California's children.  
            Despite this focus little attention is paid to the incidence  
            of child molest compared to rape. A recent summary of inmate  
            commitment offenses reveals that 3,077 California state  
            prisoners have been sentenced for commission of rape. By  
            comparison 9,363 inmates (more than three times as many) were  
            committed for molesting a child. Perhaps it is time that  
            crimes of child molest receive the same level of scrutiny as  
            rape, robbery and vehicle theft.

          2.Effect of Legislation; Background
           
           As the author notes, DOJ prepares an annual report entitled  
          Crime in California.  Its most recent available report, Crime in  
          California 2014, explains:

               Crime in California, 2014 presents an overview of the  
               criminal justice system in California.  Current year  
               statistics are presented for reported crimes, arrests,  
               dispositions of adult felony arrests, adult probation,  
               criminal justice personnel, citizens' complaints  
               against peace officers, domestic violence-related  
               calls for assistance, and law enforcement officers  
               killed or assaulted.  In addition, statistics for  
               preceding years are provided for historical context.

          This bill would require the California Department of Justice to  








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          include disaggregated child molestation statistics in the Crime  
          in California Report prepared annually by the Department. The  
          bill provides that the number of child molestation offenses and  
          the rate of offense per 100,000 California residents be reported  
          in the same manner employed to report crimes of rape. The bill  
          defines child molest to include violations of subdivisions (a)  
          and (b) of Penal Code section 288 (lewd or lascivious acts upon  
          a child under the age of 14) or Penal Code section 288.5  
          (continuous sexual abuse of a child). 

          It appears that the report currently contains some information  
          on the offenses targeted by this bill under the characterization  
          of "lewd or lascivious," although for purposes of the report  
          that definition includes a broader array of sections  
          (specifically, Penal Code sections 220, 266j, 288(a), 288(b)(1),  
          288(b)(2), 288(c)(1)*, 288(c)(2), and 288.5(a).)  For example,  
          the 2014 report indicates that between 2009 and 2014, adult  
          felony arrests for lewd and lascivious crimes decreased 20.9  
          percent, and increased 3 percent between 2013 and 2014.  (See  
          page 26 of the report.)  In addition, the report appears to  
          include a breakdown of the age of the offender for this category  
          of offenses (See page 40 of the 2014 report).  This bill would  
          require that this category of offenses be broken down to  
          specifically identify two child molestation crimes.


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