BILL ANALYSIS
SB 1128
Page 1
SENATE THIRD READING
SB 1128 (Alquist)
As Amended August 22, 2006
2/3 vote Urgency
SENATE VOTE :38-0
PUBLIC SAFETY 6-0 APPROPRIATIONS 13-0
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|Ayes:|Leno, La Suer, Cohn, |Ayes:|Chu, Bass, Berg, |
| |Dymally, Spitzer, Lieber | |Calderon, |
| | | |De La Torre, Karnette, |
| | | |Klehs, Leno, Nation, |
| | | |Laird, Ridley-Thomas, |
| | | |Saldana, Yee |
| | | | |
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SUMMARY : Creates the "Sex Offender Punishment, Control and
Containment Act of 2006" which makes several changes to the law
relating to sex offenders. Specifically, this bill :
1)Requires every district attorney and Department of Justice
(DOJ) to keep all records relating to persons required to
register as a sex offender for a period of 75 years after the
disposition of the case. This provision only applies to
convictions occurring after the enactment of this bill.
2)States that any person who kidnaps or carries away any person
with the intent commit a specified sex offense shall be
punished by imprisonment in the state prison for life with the
possibility of parole.
3)Adds rape, sodomy and oral copulation with the threat of
retaliation, and sodomy and oral copulation in concert to the
list of offenses eligible for a term of 15-years-to-life as an
aggravated sexual assault on a child.
4)Requires that when sentencing an offender on charges of
aggravated sexual assault of a child, as specified, the court
must impose consecutive sentences if the crime(s) involves
separate victims or separate acts, as specified.
5)Punishes any person who, motivated by an unnatural or abnormal
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sexual interest in children, arranges a meeting with a minor
or a person he or she believes to be a minor for the purpose
of exposing his or her genitals or pubic or rectal area,
having the child expose his or her genitals or pubic or rectal
area, or engaging in lewd or lascivious behavior, by a fine
not exceeding 5,000; by imprisonment in a county jail not
exceeding one year; or, by both the fine and imprisonment.
6)Punishes any person who annoys or molests a child, as
specified, after having entered a dwelling without consent, as
specified, with not only a term of imprisonment up to one year
in the county jail or in the state prison for a term of 16
months, 2 or 3 years and by a fine of $5,000.
7)Provides that any person previously convicted of a
registerable sex offense and who arranges a meeting with a
minor, as specified, shall be sentenced to a term of 16
months, 2 or 3 years in state prison.
8)States that a person who arranges a meeting with a minor, as
specified, and who goes to the arranged meeting place on or
about the arranged time shall be punished by a term of two,
three or four years.
9)Specifies that prosecution for arranging a meeting with a
minor, as specified, shall not prohibit prosecution under any
other provision of law.
10)Clarifies that no other act of substantial sexual conduct, as
specified, with a child under the age of 14 years be charged
with more than one offense of continuous sexual abuse of a
child involving the same victim unless the other charge must
have occurred outside the specified time period.
11)Punishes any adult who engages in sexual intercourse or
sodomy with a child under the age of 10 years of age or
younger by sentencing the offender to a term of
25-years-to-life.
12)States that when an offender registers as a sex offender
pursuant to existing law, the registering agency shall give
the registrant a copy of the completed DOJ form each time the
person registers or re-registers, including the annual update.
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13)Adds trespass on school grounds as a felony registered sex
offender to the list of crimes that require an offender to
register as a sex offender.
14)Provides DOJ renovate the Violent Crime Information Network
on or before June 1, 2010, as follows:
a) Correct all software deficiencies affecting data
integrity and include designated data fields for all
mandated sex offender data;
b) Consolidate and simplify program logic, thereby
increasing system performance and reducing system
maintenance costs;
c) Provide all necessary data storage, processing and
search capabilities;
d) Provide law enforcement agencies with full Internet
access to all sex offender data and photos; and,
e) Incorporate a flexible designed structure to readily
meet future demands for enhanced system functionality,
including public internet access to sex offender
information, as specified.
15)Makes findings and declarations related to the need for
comprehensive management of sex offenders and the Megan's law
database.
16)Specifies that the Attorney General, in collaboration with
local law enforcement and others shall develop strategies to
assist members of the public in understanding and using
publicly available information about registered sex offenders
to further public safety.
17)States that the sex offender risk assessment tools authorized
by this bill for use with selected populations shall be known,
with respect to each selected population, as the
"State-Authorized Risk Assessment Tool for Sex Offenders"
(SARATSO).
18)Specifies that if a SARATSO has not been selected for a given
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population, as specified, no duty to administer the SARATSO
shall apply for that population.
19)Demands every person who is required to register as a sex
offender be subjected to assessment with the SARATSO, as
specified.
20)States that the SARATSO Review Committee shall consist of
representatives from the California Department of Corrections
and Rehabilitation (CDCR), mental health and the DOJ.
21)Provides the purpose of the Review Committee, which shall be
staffed by the Department of Mental Health (DMH), is to ensure
that the SARATSO reflects the most reliable, objective and
well-established protocols for predicting sex offender risk of
recidivism, has been scientifically validated with multiple
cross-validations, and is widely accepted by the courts.
22)Specifies the Review Committee shall consult with experts in
the fields of risk assessment and the use of actuarial
instruments in predicting sex offender risk, sex offending,
sex offender treatment, mental health, and law, as the Review
Committee deems appropriate.
23)States that as of January 1, 2007, the SARATSO for adult
males required to register as sex offenders shall be the
STATIC-99 risk assessment scale.
24)States that on or before January 1, 2008, the SARATSO Review
Committee shall determine whether the STATIC-99 should be
supplemented with an actuarial instrument that measures
dynamic risk factors or whether the STATIC-99 should be
replaced as the SARATSO with a different risk assessment tool.
25)Provides that if the Review Committee unanimously agrees on
changes to be made to the SARATSO, it shall post its decision
on the DMH Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for
adult males.
26)Requires that on or before July 1, 2007, the SARATSO Review
Committee shall research risk assessment tools for female and
juvenile sex offenders. If the Review Committee unanimously
agrees on changes to be made to the SARATSO, the Review
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Committee shall post its decision on the DMH Internet Web
site. Sixty days after the decision is posted, the selected
tool shall become the SARATSO for females and juveniles.
27)States that the Review Committee shall periodically evaluate
the SARATSO for each specified population. If the Review
Committee unanimously agrees on changes to be made to the
SARATSO, the Review Committee shall post its decision on the
DMH Internet Web site. Sixty days after the decision is
posted, the selected tool shall become the SARATSO for that
population.
28)Provides that the Review Committee shall perform other
functions consistent with the provisions of this bill or as
otherwise may be required by law. The Review Committee shall
be immune from liability for good faith conduct under this
act.
29)States that on or before January 1, 2008, the SARATSO Review
Committee in consultation with probation and parole officers
shall develop a training program for probation officers,
parole officers, local law enforcement personnel, and any
other persons, as specified, to administer the SARATSO.
30)Requires CDCR to be responsible for overseeing the training
of persons who are to perform the SARATSO on state inmates, as
specified, and shall be conducted by experts in the field of
risk assessment and the use of actuarial instruments in
predicting sex offender risk.
31)Requires DMH to oversee the training of persons who will
administer the SARATSO to state mental health inmates.
32)Requires the Corrections Standards Authority (CSA) oversee
the training of person who will administer the SARATSO to
person on probation.
33)Requires the Commission on Peace Officer Standards and
Training (CPOST) oversee the training of persons who will
administer the SARATSO to persons not tested by CDCR.
34)Requires that subject to rules established by the Review
Committee, probation departments, and authorized local law
enforcement agencies designate key persons within their
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organizations to attend training and, as authorized by CDCR,
to train others within their organizations designated to
perform risk assessments as required or authorized by law.
35)States that any person who administers the SARATSO shall
receive training no less frequently than every two years and
the SARATSO may be performed for purposes authorized by
statute only by persons trained pursuant to this bill.
36)Establishes the administration of the SARATSO, whenever
possible and effective on or before July 1, 2008, as follows:
a) CDCR shall assess every eligible person who is
incarcerated in state prison. The assessment shall take
place at least four months, but no sooner than 10 months
prior to release from incarceration;
b) CDCR shall assess every eligible person who is on
parole. The assessment shall take place at least four
months, but no sooner than 10 months, prior to termination
of parole;
c) DMH shall assess every eligible person who is committed
to DMH. The assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
commitment;
d) Each probation department shall assess every eligible
person for whom it prepares a report pursuant to existing
law; and,
e) Each probation department shall assess every eligible
person under its supervision who was not assessed by DMH.
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
37)States that if a person required to be assessed pursuant to
the terms of this bill was assessed within the previous five
years, a reassessment is permissible but not required.
38)Requires the SARATSO Review Committee, in consultation with
local law enforcement agencies, establish a plan and a
schedule for assessing eligible persons not assessed pursuant
to other provisions of this bill.
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39)Provides that the plan assess adult males on or before
January 1, 2012 and assess females and juveniles on or before
January 1, 2013. Priority shall be given to assessing those
persons most recently convicted of an offense requiring
registration as sex offenders. On or before January 15, 2008,
the Review Committee shall introduce legislation to implement
the plan.
40)States that on or before January 1, 2008, the SARATSO Review
Committee shall research the appropriateness and feasibility
of providing a means by which an eligible person subject to
assessment may, at his or her own expense, be assessed with
the SARATSO by a governmental entity prior to his or her
scheduled assessment. If the Review Committee unanimously
agrees that such a process is appropriate and feasible, the
Review Committee shall advise the Governor and the Legislature
of the selected tool, and the Review Committee shall post its
decision on the CDCR Internet Web site. Sixty days after the
decision is posted, the established process shall become
effective.
41)Defines an "eligible person" as any person convicted of an
offense that requires him or her to register as a sex
offender, as specified, and who has not been assessed with the
SARATSO within the previous five years.
42)States that regardless of any other provision of law, any
person authorized to administer the SARATSO and trained
pursuant to the terms in this bill shall be granted access to
all relevant records pertaining to a registered sex offender,
including, but not limited to:
a) Criminal histories;
b) Sex offender registration records;
c) Police reports;
d) Probation and pre-sentencing reports;
e) Judicial records and case files;
f) Juvenile records;
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g) Records maintained by Child Protective Services;
h) Psychological evaluations and psychiatric hospital
reports;
i) Sexually violent predator (SVP) treatment program
reports; and,
j) Records that have been sealed by the courts or DOJ.
43)States that records and information obtained pursuant to this
bill shall not be subject to the California Public Records
Act, as specified.
44)Provides that if a person receives a conviction that requires
him or her to register as sex offender, the probation
officer's report shall include the results of the SARATSO if
applicable.
45)States that the designated probation officers shall compile a
"facts of offense" sheet for every registrant referred to
probation. The "facts of offense" sheet shall state:
a) CII number;
b) Physical description; and,
c) Criminal history including registerable sex offenses,
other offense, and arrests that did not result in
conviction for sexual or violent offenses, unique
characteristics of the offense for which registration is
required, including but not limited to, weapons used or
victim patterns, risk assessment tier level and type of
victim targeted in the past, and the results of the
SARATSO.
The "Facts of Offense" Sheet (FOS) shall be included in
probation.
46)States the defendant may move the court to correct the FOS.
Any corrections to the FOS shall be made consistent with
existing law.
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47)States that in any determination of probation for those
required to register as a sex offender, the court shall
consider the results of the SARATSO if available.
48)Increases the additional fine imposed on persons convicted of
crimes for which they are required to register as sex
offenders from $200 to $300 upon the first conviction and from
$300 to $500 upon a second or subsequent conviction.
49)States that 25% of those funds shall be directed to the DOJ
DNA testing fund, as specified, and 25% shall be allocated to
local DNA testing laboratories, as specified.
50)Provides an amount equal to $100 for every fine imposed for
those who are required to register as sex offenders in excess
of $100 shall be transferred to the Governor's Office of
Emergency Services and fund Sexual Assault Felony Enforcement
Teams, as specified.
51)Adds felony contacting or communicating with a child, as
specified, to list of offenses that require posting of an
offender's address on Megan's Law and misdemeanor contacting
or communicating with a child shall be listed with the zip
code of the offender.
52)Requires the Megan's Law Sex Offender Internet Web site
(Megan's Law Database) be translated into languages other than
English, as determined by DOJ.
53)Mandates the probation officer to send a copy of the FOS to
the DOJ Sex Offender Tracking Program (SOTP) within 30 days of
the person's sex offense conviction, and the FOS shall be made
part of the registered sex offender's file maintained by the
SOTP. The FOS shall thereafter be made available to law
enforcement by DOJ, which shall post the FOS with the
offender's record on DOJ's Internet Web site and shall be
accessible only to law enforcement.
54)States that if the registered sex offender is sentenced to a
period of incarceration at either the state prison or the
county jail, the FOS shall be sent by CDCR or the county
sheriff to the registering law enforcement agency in the
jurisdiction where the registrant will be paroled or will live
upon release.
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55)Provides that if the registered sex offender is committed to
DMH, the FOS shall be sent by the DMH to the registering law
enforcement agency in the jurisdiction where the person will
live on release, within three days of release.
56)States that any state or local facility that releases from
incarceration a person who was incarcerated for a registerable
sex offense shall, within 30 days of release, provide the year
of conviction and year of release from incarceration for that
crime to DOJ in manner and format approved by DOJ.
57)Specifies that every probation department shall ensure that
all probationers under active supervision who are deemed to
pose a high risk to the public of committing sex crimes as
determined by the SARATSO are placed on an intensive and
specialized probation supervision caseload and are required to
report frequently to designated probation officers. The
probation department may place any other probationer convicted
of a sex registerable offense who is on active supervision on
an intensive and specialized caseload and require him or her
to report frequently to designated probation officers.
58)States that any state or local facility that, prior to
January 1, 2007, released from incarceration a person
incarcerated for a registerable sex offense shall provide to
DOJ the year of the conviction and year of release for that
person's most recent offense that required registration.
59)Increases the punishment to an alternate misdemeanor/felony
for every person who knowingly sends or causes to be sent, or
brings or causes to be brought, into California for sale or
distribution, or in California possesses, prepares, publishes,
produces, develops, duplicates, or prints any representation
of information, with intent to distribute or exhibit to, or to
exchange with, a person 18 years of age or older, or who
offers to distribute, distributes, or exhibits to, or
exchanges with, a person 18 years of age or older any matter,
knowing that the matter depicts a person under the age of 18
years personally engaging in or personally simulating sexual
conduct.
60)Provides that every person who, with knowledge that a person
is a minor, or who, while in possession of any facts on the
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basis of which he or she should reasonably know that the
person is a minor, hires, employs, or uses the minor to do or
assist in doing any of the acts, as specified, shall be
punished by imprisonment either in county jail or in the state
prison for a term of sixteen months, two or three years.
61)Punishes any person who possesses or controls matter
depicting a person under the age of 18, as specified, shall be
punished by up to one year in the county jail or a term of 16
months, 2 or 3 years in state prison; and if the person has
been previously been convicted of a pornography-related crime,
as specified, a felony registerable sex offense, or is found
to be a SVP, he or she shall be punished with an enhanced
sentence of two, four or six years in state prison
62)Creates an in-custody relapse prevention treatment program
for those sex offenders incarcerated in state prison that are
determined by CDCR, using the SARATSO, and are at least five
years away from parole. No offender who has been sentenced to
life without parole or death shall be eligible to participate
in treatment.
63)States that a person required to register as a sex offender
who loiters on school property where minors are present
without lawful business purpose and without permission from
the chief operating officer is punishable as follows:
a) Upon a first conviction, by a fine not exceeding $2,000;
by six months in the county jail; or by both imprisonment
and fine;
b) If the defendant has been previously convicted once of
loitering, as specified, he or she shall be punished by not
less than 10 days or more than six months in the county
jail, or by both imprisonment and fine of not more than
$2,000 and shall not be released on probation or parole
without serving 10 days; and,
c) If the defendant has been previously convicted two or
more times of loitering, as specified, he or she shall be
punished by imprisonment for not less than 90 days and not
more than six months; by a fine of not more than $2,000; or
by both imprisonment and fine. The defendant shall not be
released on probation or parole without serving at least 90
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days.
64)States any person who is required to register as a sex
offender where the victim was an elderly or dependant person,
as defined, and who is present on any property where elderly
or dependant persons reside or are regularly present without
having registered with the facility administrator, except as
to proceed expeditiously to the administrator's office, is
guilty of a crime and shall be punished as follows:
a) Upon a first conviction, by a fine of not exceeding
$2,000; by imprisonment for up to six months in the county
jail; or by both imprisonment and fine;
b) If the defendant has been previously convicted once of
being present at an elder or dependent facility, as
specified, he or she shall be sentenced to not less than 10
days and not more than six months; by a fine of $2,000; or
by both imprisonment and fine. The defendant shall not be
placed on probation or parole without serving at least 10
days; and,
c) If the defendant has been previously convicted two or
more times of being present at an elder or dependent
facility, as specified, he or she shall be punished by
imprisonment for not less than 90 days and not more than
six months; by a fine of not more than $2,000; or by both
imprisonment and fine. The defendant shall not be released
on probation or parole without serving at least 90 days.
65)Specifies that registration with the facility administrator
requires the offender to advise the administrator that he or
she is a registered sex offender and provide his or her name
and address and the reason for visit and proof of identity.
66)States the facility administrator may refuse to register,
impose restrictions on registration, or revoke registration of
a sex offender if he or she has a reasonable basis for
concluding the offender's presence disrupts the facility, as
specified.
67)Extends the statute of limitations for the offense of using
or employing a minor to participate in the production of
sexually explicit material to 10 years from the date of the
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production of the material.
68)Expands the list of "violent felonies" for the purposes of
sentencing pursuant to "Three Strikes" to include sodomy, as
defined and specified sex offenses in concert.
69)Limits the court's discretion to dismiss in the interest of
justice convictions sustained pursuant to the "One-Strike" sex
statute, as specified.
70)Specifies that for certain crimes listed in the One-Strike
sex statute, an offender must be sentenced consecutively if
the crime involves separate victims or the same victim on
separate occasions.
71)Requires each county to designate certain probation officers
to monitor registered sex offenders. Those probationers shall
be subject to active and intense supervision by those
designated officers.
72)Adds continuous sexual abuse of a child to a provision
authorizing a five-year enhancement for specified sex acts.
73)Adds specified sex offenses to the list of crimes eligible
for a five-year enhancement for each prior specified crimes.
74)Adds continuous sexual abuse of a child, aggravated sexual
assault of a child, sodomy, oral copulation, and forcible
sexual penetration to the list of offenses which make a person
upon conviction ineligible for probation.
75)Increases the period of parole from five to ten years for any
inmate sentenced under the One-Strike Sex Law or sentenced as
a "habitual sex offender" rather than just those offenders
convicted of child molestation and the continuous sexual abuse
of a child.
76)Expands the list of "violent felonies" for the purposes of
sentencing pursuant to Three Strikes to include certain sex
offenses related to sodomy and acting in concert.
77)Creates a five-year enhancement to be imposed consecutively
for any person administering a controlled substance for the
purposes of committing a specified sex offense.
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78)States persons who are committed as SVPs shall be committed
for an indeterminate term rather than the current law of two
years.
79)Tolls the period of parole while a person is committed as a
SVP and states time spent on conditional release under the
supervision of the court shall be subtracted from the person's
period of parole.
80)Expands the definition of "sexually violent offense" to
include specified acts of rape, sodomy and oral copulation in
concert.
81)Specifies that a committed person's failure to engage in
treatment shall be considered evidence that his or her
condition has not changed for purposes of any court proceeding
held pursuant to existing law and a jury shall be so
instructed. Completion of treatment programs shall be a
condition of release.
82)Provides that the Office of Emergency Services (OES) shall
establish standards by which grants are awarded on a
competitive basis to counties for Sexual Assault Felony
Enforcement (SAFE) teams. The grant shall be awarded to
innovative teams designed to promote the purposes of sexual
assault felony enforcement.
83)Adds murder committed in the course of a sex crime to the
list of offenses requiring registration as a sex offender.
84)Adds the crimes of pimping and pandering with a minor to the
list of persons convicted in another state of an offense
requiring registration in the state of conviction who are not
required to register as sex offenders in California unless the
out-of-state offense contains all of the elements of a
registerable California offense, as specified.
85)Provides an exception from the requirement that a sex
offender registrant who has been incarcerated to re-register
upon release if that person has been incarcerated for less
than 30 days and returns to the previously registered address,
as specified.
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86)Adds the crime of contacting a minor for the purpose of
arranging a meeting with the intent to commit a specified sex
act to the list of offenses requiring registration as a sex
offender.
87)Adds the crime of loitering or trespassing on school property
or on an elder or dependent care facility, as a sex offender,
as specified, to the list of offenses posted on Megan's Law
with the offender's zip code.
88)Specifies that effective January 1, 2012, no person shall be
excluded from the Megan's Law website unless he or she has
submitted documentation sufficient to determine he or she is a
SARATSO risk level of low or moderate low.
89)Appropriates $495,000 from the General Fund to the Office of
Emergency Services, Division of Criminal Justice Programs for
child abuse and abduction programs, as specified.
90)States that provisions of this act are severable and if any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision(s).
91)Double-joins provisions of this bill related to information
posted on the Megan's Law database with AB 1849 (Leslie),
currently pending on the Assembly floor.
92)Makes technical, non-substantive amendments.
EXISTING LAW :
1)Includes the One-Strike Sex Crime Sentencing Law that provides
sentences of 15-years-to-life or 25-years-to-life in certain
sex crimes if specified circumstances in aggravation are found
to be true.
2)States that the qualifying sex crimes under the One-Strike Sex
Law are forcible rape, forcible spousal rape, rape by a
foreign object, forcible sodomy, forcible oral copulation,
lewd and lascivious acts with a child under the age of 14
accomplished by force or duress, and lewd and lascivious acts
with a child under the age of 14 accomplished by other than
force or duress where the defendant is not eligible for
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probation.
3)Provides that a defendant convicted of a One-Strike sex
offense is only eligible for probation if he or she is also
eligible for probation under Penal Code Section 1203.066,
which allows probation for a person convicted of lewd conduct
in intra-family cases where the defendant is particularly
likely to be rehabilitated and the grant of probation is in
the best interests of the child.
4)Denies probation for any person convicted of lewd conduct
committed by force, violence, duress or menace.
5)Provides that every person who possesses or controls any
matter depicting a person under the age of 18 years engaging
in sexual conduct or simulating sexual conduct is guilty of a
misdemeanor with imprisonment in the county jail up to one
year or a fine not exceeding $2,500. If a person has a prior
conviction, he or she is guilty of a felony and subject to
imprisonment in the state prison for two, four, or six years.
It is not necessary to prove that the matter in question is
obscene.
6)Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct with the intent to
distribute, exhibit, or exchange such material is guilty of
either a misdemeanor or a felony, punishable by imprisonment
in the county jail up to one year or in the state prison for
16 months, 2 or 3 years and a fine not to exceed $10,000.
7)Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any
obscene matter depicting a person under the age of l8 years
engaging in or simulating sexual conduct for commercial
purposes is guilty of a felony, punishable by imprisonment in
the state prison for two, three, or six years and a fine up to
$100,000.
8)Provides that every person who sends, brings, possesses,
prepares, publishes, produces, duplicates or prints any matter
depicting a person under the age of l8 years engaging in or
simulating sexual conduct to distribute, exhibit, or exchange
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with a minor is guilty of a felony, punishable by imprisonment
in the state prison for 16 months, 2 or 3 years. It is not
necessary to prove commercial consideration or that the matter
is obscene.
9)Provides that any person who hires or uses a minor to assist
in the possession, preparation or distribution of obscene
matter or for commercial purposes is guilty of a felony,
punishable by imprisonment in the state prison for three, six,
or eight years.
10)Provides that an inmate serving a determinate term of
imprisonment shall be released on parole for a period of three
years unless the parole authority for good cause waives the
period of parole and discharges the inmate from custody. A
person convicted of "violent" sex offenses, as defined, and
sentenced to determinate terms shall be released on parole for
a period of five years unless the parole authority for good
cause waives the period of parole.
11)Defines a "SVP" as an inmate "who has been convicted of a
sexually violent offense against two or more victims and who
has a diagnosed mental disorder that makes the person a danger
to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior."
12)States that for any subsequent extended commitment, the term
of commitment shall be for two years. The term shall commence
on the date of the termination of the previous commitment.
13)Provides that for the purposes of extended commitments, the
person shall be evaluated by two practicing psychologists or
psychiatrists, or by one practicing psychiatrist and one
practicing psychologist designated by DMH, both of whom must
concur that the person has a diagnosed mental disorder so that
he or she is likely to engage in acts of sexual violence
without appropriate treatment and custody.
14)Provides that a prisoner found to be a SVP could be civilly
confined based on a judicial commitment. A "SVP" is defined
as a person who has been convicted of a "sexually violent
offense," as specified, against two or more victims for whom
he or she received a determinate sentence. A SVP must have a
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diagnosable mental disorder that makes the person a danger to
the health and safety of others in that it is likely that he
or she will engage in sexually violent criminal behavior.
15)Defines "sexually violent offenses" as specified sexual acts
(rape or spousal rape, sex crimes in concert, lewd conduct
with a child under 14 years, foreign or unknown object rape,
sodomy and oral copulation) committed by force, violence,
duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
16)Provides for a hearing procedure to determine whether there
is probable cause to believe that a person who is the subject
of a petition for civil commitment as a SVP is likely to
engage in sexually violent predatory criminal behavior upon
his or her release from prison.
17)Requires a jury trial at the request of either party with a
determination beyond a reasonable doubt that the person is a
SVP.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, major annual General Fund (GF) costs, potentially in
the range of $200,000 million. Major costs include:
1)If the numerous penalty-related provisions of this bill result
in a 10% increase in the population of sex offenders in state
prison, the annual GF cost would eventually exceed $25
million.
2)One-time state capital outlay costs, within a few years,
potentially in the low hundreds of millions of dollars for
construction of additional state mental hospital and prison
beds.
3)Annual General Fund costs of about $3 million per year for
three years to update DOJ's Violent Crime Information Network
and add information to the Megan's Law Web site. Ongoing
maintenance costs of about $500,000.
4)Costs in the tens of millions of dollars for more staff and
more revocations.
5)Creating a state and local scheme for assessing the risk
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presented by convicted sex offenders, training state and local
authorities in the use of the assessment tool, assessing sex
offenders, increasing state and local parole and probation
staff to supervise more offenders for longer periods of time
and increasing the scope of probation reports, will result in
state costs in the tens of millions of dollars.
6)Major changes to the SVP program will eventually result in
increased annual costs in the tens of millions of dollars from
increasing the number of SVP referrals, hearings, and
commitments, and increasing the length of commitments.
7)Increasing fines on persons convicted of registerable sex
crimes (from $200 to $300 on the first conviction, and from
$300 to $500 on a subsequent conviction), will likely result
in a relatively minor increase in revenue, probably less than
$1 million.
8)In-custody sex offender relapse treatment program would likely
cost tens of millions of dollars. To the extent these
programs are effective, and reduce recidivism, there could be
corresponding out-year savings.
9)This bill appropriates $495,000 to OES for child abuse and
abduction prevention programs.
COMMENTS : According to the author, "The purpose of the bill is
to provide a comprehensive, proactive approach to preventing the
victimization of Californians by sex offenders. Under current
law, California's tactical methods and infrastructure are
insufficient for law enforcement to appropriately assess,
convict and monitor sex offenders. This bill is the product of
months of discussion with, and input from, experts in the area
and incorporates a broad spectrum of approaches recognized by
law enforcement and avoids key flaws that have marred other
bills on this subject, such as residency requirements that dump
offenders into rural communities or provisions that
inadvertently tie the hands of police in performing Internet
sting operations.
"This bill, the Sex Offender Punishment, Control and Containment
Act of 2006: increases the prison term for child rape to
25-years-to-life; expands the Megan's Law database; toughens
penalties for child pornography; toughens penalties for Internet
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predators; ensures police can use on-line decoys to catch
Internet predators; discourages prosecutors from offering plea
bargains in sex offense cases; gives state and local officials a
new system to monitor dangerous parolees; increases parole time
for violent sexual offenses; and keeps sex offenders away from
schools, parks, and other places where vulnerable populations,
including the elderly and disabled, congregate. By taking this
comprehensive approach, this bill will make all of California's
communities safer from all sexual predators, not just some."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0016843