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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