BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1128 (Alquist)
Hearing Date: 5/25/06 Amended: 4/18/06
Consultant: Nora Lynn Policy Vote: Public Safety 6-0
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SB 1128 (Alquist)
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BILL SUMMARY: SB 1128, an urgency measure, enacts the Sex
Offender Punishment, Control and Containment Act of 2006.
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Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Incarceration, probation, Annual costs in the
multimillion dollar range3 General
parole
Megan's Law, registration $2,9845 $2,984
$2,984General
SARATSO training, Unknown costs3 General
testing & offender oversight
Facts of Offense SheetsSignificant costs beginning in
2010-11General
DOJ: SVP commitments $150 $300 $300 General
SAFE Teams $6,2501,4 $8,0004 $8,000 General
Courts (record retention) Minor, absorbable costs General2
Child safety program $4956 $495 $495 General
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1 Funding consistent with Governor's proposed 2006-07 budget
2 Trial Court Trust Fund
3 Requirements placed on probation programs (assessing and
monitoring sex offenders, training probation officers & Facts of
Offense sheets) constitute a state-mandated local program
4 Offset by penalty revenues directed to these purposes by the
bill
5 Partially funded in Governor's proposed 2006-07 budget
6 Appropriated in bill
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
SB 1128 makes a number of changes to existing law pertaining to
sex crimes and sex offenders:
creates new "child luring" crimes;
creates a new crime for sex offenses against very young
children with a punishment of 25 years to life;
creates a new loitering statute to prevent sex offenders
from loitering around school grounds and other places where
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SB 1128 (Alquist)
vulnerable persons congregate;
increases penalties and statutes of limitations for
child pornography; and
extends parole periods for all violent sex offenses.
requires the Department of Justice (DOJ) to update the
Megan's Law database and provide enhanced information on
the Megan's Law website; and
makes changes to sex offender registration practices.
requires specified recidivism risk assessments
(STATIC-99) for all adult male registered sex offenders;
enhances parole and probation provisions for sex
offenders, including requiring those whose STATIC-99
assessment indicates a high risk of re-offense to be on
reduced caseloads.
requires all sex offenders on probation or parole who
are assessed at a high risk of recidivism to be placed on
reduced probation or parole caseloads.
imposes indeterminate terms for sexually violent
predators.
creates a $6 million competitive grant program to fund
county SAFE teams.
requires all state and local agencies that maintain
records containing information on registered sex offenders
to maintain those records for 75 years;
requires probation departments to compile Facts of
Offense Sheets for every adult male convicted of an offense
requiring him to register as a sex offender;
requires the Facts of Offense Sheet to contain specified
information;
requires probation departments and CDCR to send Facts of
Offense Sheets to DOJ to be made part of the sex offenders'
files maintained in the Sex Offender Tracking Program and
to law enforcement in the jurisdiction where the sex
offender will be on probation or parole; and
appropriates $495,000 to the Office of Emergency
Services (OES) to fund a child safety program.
AS PROPOSED TO BE AMENDED Proposed author's amendments make the
following changes to the measure:
Strike SVP provisions except to make commitments
indeterminate terms;
Clarify child pornography, obscenity and harmful matter
provisions;
Strike STATIC-99 requirements and replace with language
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SB 1128 (Alquist)
to implement the State Authorized Risk Assessment Tool for
Sex Offenders (SARATSO) which will be used to assess the
risk level of all sex offenders; state STATIC-99 will be
the instrument for adult male offenders as of Jan. 1, 2007;
review STATIC-99 as the assessment tool for adult males (by
Jan. 1, 2008); select an assessment tool for females and
juveniles (by Jan. 1, 2007); unanimous recommendations of
the committee will be posted on the CDCR website;
Sets a risk assessment training schedule for CDCR, DMH
and probation;
Requires probation reports to include SARATSO to be
considered by the court and sent to CDCR;
CDCR to establish a plan to assess those included above
(adult males tested by Jan. 1, 2012; females and juveniles
by Jan. 1, 2013);
SARATSO administrators have access to records and
records of sex offenders are retained for 75 years;
Probation prepares Facts of Offense Sheet (June 1,
2010);
High risk parolees per SARATSO will be intensive
supervision; CDCR has discretion to require intensive
supervision for other offenders;
High risk inmates per SARATSO will participate in sex
offender programmingl CDCR has discretion to require
intensive supervision for other offenders;
Legislation is rendered inoperative if Jessica's Law is
enacted; and
Miscellaneous technical amendments.