BILL ANALYSIS
AB 784
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Date of Hearing: March 29, 2005
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 784 (Garcia) - As Introduced: February 18, 2005
SUMMARY : Appropriates $15 million from the General Fund to the
State Controller for distribution to county sheriffs and police
chiefs for the implementation of county and regional Sexual
Assault Felony Enforcement (SAFE) Team programs. Specifically,
this bill :
1)States that funds appropriated by this act shall be allocated
by the State Controller for implementation of county and
regional SAFE teams established under existing law.
2)Requires that funds be allocated to county sheriffs and city
police chiefs in accordance with the proportionate share of
sex offender registrants residing within a SAFE team
jurisdiction, as determined by the Department of Justice
(DOJ).
3)Provides that by accepting funds, local entities agree to
report to the Department of Finance (DOF) on or before August
15, 2006, and requires DOF to make that report available to
the Legislature. Requires the report to include data on
specific program objectives contained in the enabling SAFE
Team program statutes.
4)Provides that local entities receiving fund that do not agree
to the reporting requirements, or fail to report within the
specified time, shall return the funds allocated to the State
Controller within 30 days after the due date of the report.
5)Prohibits counties from using funds provided pursuant to this
act to supplant any other source of funding.
6)Makes legislative findings and declarations.
EXISTING LAW :
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1)Authorizes counties to establish and implement SAFE Team
programs. (Penal Code Section 13887.)
2)Provides that the mission of the SAFE Team program shall be to
reduce violent sexual assault offenses through proactive
surveillance and arrest of habitual sex offenders and by the
strict enforcement of sex offender registration requirements.
(Penal Code Section 13887.1.)
3)Requires SAFE Team programs to have the following objectives:
a) 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;
b) To collect data to determine if the proactive law
enforcement procedures of this program are effective in
reducing violent sexual assaults; and,
c) To develop procedures for operating a
multi-jurisdictional task force. (Penal Code Section
13887.2.)
4)Requires a person convicted of specified sex offenses to
register within five working days of coming into a city or
county with law enforcement officials in the city, county, or
city and county where he or she is domiciled and with the
chief of police on any University of California or California
State University where he or she is domiciled. Registration
is for a lifetime, must be updated annually, and must be
completed on a form provided by the DOJ. (Penal Code Section
290.)
5)Provides that any person released, discharged, or paroled from
jail or prison shall be informed of his or her duty to
register before being released. Any person granted probation
shall be informed of his or her duty to register by either the
probation department or the court, as specified. Offenders
shall be required to read and sign a DOJ form acknowledging he
or she was advised of the duty to register. [Penal Code
Section 290(b)(1), (c)(1), and (c)(2).]
6)Defines "habitual sex offender" as a person previously
AB 784
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convicted of one or more specified sex offenses and convicted
in the present proceeding of one of the specified sex
offenses. (Penal Code Section 667.71.)
FISCAL EFFECT : $15 million from the General Fund
COMMENTS :
1)Author's Statement : According to the author, "With recent
media accounts exposing the weaknesses in our ability to track
sex offenders, it is important to ensure we have adequate
resources dedicated to law enforcement to improve our tracking
of these dangerous, repeat offenders. Local law enforcement
has the blue print to make the streets safer, but they are
already under many burdens with impending budget cuts. We
made a great first step in improving the safety of our
communities from sexual predators when we passed AB 1858
(Hollingsworth), Chapter 1090, Statutes of 2002. Now, it is
important to pledge our support behind getting these teams in
place - in all communities, big and small, rural and urban -
to ensure every child is safe in his or her neighborhood
because the police know where these offenders live."
2)Prior Legislation .
a) AB 1441 (Garcia), of the 2003-04 Legislative Session,
was identical to this bill in that AB 1441 appropriated $15
million for the General Fund for distribution to count
sheriffs and police chief for the establishment of county
and regional SAFE teams. AB 1441 was held on the Assembly
Appropriations' Suspense File.
b) AB 1858 (Hollingsworth), Chapter 1090, Statutes of 2002
authorized counties to establish and implement SAFE team
programs.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association
California Sexual Assault Investigators
California State Sheriffs' Association
Office of the Attorney General
Peace Officers Research Association of California
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Opposition
None on file
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744