BILL NUMBER: SB 1240 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2006
INTRODUCED BY Senator Hollingsworth
( Principal coauthors:
Assembly Members Bermudez and Garcia
)
( Coauthors: Senators Battin
and Cox )
( Coauthors: Assembly Members
Bogh, Cogdill, Daucher, Shirley
Horton, Spitzer, and Vargas )
FEBRUARY 7, 2006
An act to add Section 13887.5 to the Penal Code,
relating to SAFE teams, making an appropriation therefor, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1240, as amended, Hollingsworth SAFE teams.
Existing law authorizes the establishment of county and regional
Sexual Assault Felony Enforcement (SAFE) teams to reduce violent
sexual assault offenses.
This bill would require the Corrections Standards Authority
to develop and administer a competitive grant program whereby
counties and regional authoritie s would apply for grants
to develop a multiagency sex offender containment and control
strategy designed to enhance community safety using a collaborative
and integrated approach for controlling and containing sex offenders
in the community that maximizes public resources. The bill would
appropriate $15,000,000 an unspecified
amount from the General Fund to the Controller for distribution
to county sheriffs counties and regional
authorities for the implementation of county and regional SAFE
team programs, as specified.
The bill would also set forth the findings and declarations of the
Legislature in this regard.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares the
following:
(a) Habitual sexual assault offenders pose a significant risk to
the welfare and safety of the residents of California.
(b) Predatory sex offenders frequently travel to areas outside of
the jurisdictions in which they reside to evade surveillance and
possible arrest by local law enforcement agencies for probation or
parole violations.
(c) Recent data shows that approximately 44 percent of sexual
predators are not registering as required under Megan's Law, and law
enforcement officials are unaware of their current location.
(d) The Legislature has encouraged the formation of regional law
enforcement task forces consisting of officers and agents from
several law enforcement agencies organized for the explicit purpose
of reducing violent sexual assaults through proactive surveillance
and arrests of habitual sexual offenders.
(e) The funding of the Sexual Assault Felony Enforcement (SAFE)
Teams is critical to tracking sexually violent predators and
protecting the welfare and safety of Californians.
SEC. 2. (a) The sum of fifteen million dollars
($15,000,000) is hereby appropriated from the General Fund to the
Controller for distribution to county sheriffs for the implementation
of county and regional SAFE team programs pursuant to Chapter 9.7
(commencing with Section 13887) of Title 6 of Part 4 of the Penal
Code.
(b) No county may use funds provided pursuant to this act to
supplant any other sources of funding.
SEC. 2. Section 13887.5 is added to the
Penal Code , to read:
13887.5. (a) The Corrections Standards Authority shall establish
standards by which grants are awarded on a competitive basis to
counties for SAFE teams. The authority shall issue a Request for
Proposals for counties or regional authorities to compete in
developing a multiagency sex offender containment and control
strategy designed to enhance community safety and demonstrating a
collaborative and integrated approach for controlling and containing
sex offenders in the community that maximizes public resources.
(b) Successful grant applicants shall demonstrate all of the
following:
(1) An assessment of existing law enforcement resources that can
be employed to specifically target sex offenders.
(2) A strategy for identifying those registered sex offenders who
pose a significant risk to public safety, and prioritizing resources
to address those persons.
(3) Specific programs that are proposed to be funded with grant
moneys, including the projected amount of funding for each program.
(4) Specific objectives of the programs proposed for funding and
specified outcome measures to determine the effectiveness of the
programs. Outcome measures of the programs proposed to be funded
shall include, but not be limited to, all of the following:
(A) The effectiveness of control and containment prevention
strategies, by identifying whether the rate of arrests of registered
sex offenders for sex offenses during the funded period in the
jurisdiction of the grantee has decreased compared to the previous
five years.
(B) The effectiveness of control and containment enforcement
strategies, by identifying whether the rate of sex offender
compliance with the registration requirements of Section 290 has
increased in the grantee's jurisdiction compared to the previous five
years.
(C) The effectiveness of control and containment enforcement
strategies, by identifying the number of sex offenders arrested in
the grantee's jurisdiction for violating the registration
requirements of Section 290.
(D) Quantification of the annual costs of the program.
(E) Any additional information that the applicant deems relevant
to the application.
(c) Programs funded by these grants shall satisfy all of the
following requirements:
(1) Be based on programs and approaches that have been
demonstrated to be effective in controlling and containing sex
offenders in the community.
(2) Collaborate with, and integrate services of all available law
enforcement resources.
(3) Employ information sharing systems to ensure that county
actions are fully coordinated, and designed to provide data for
measuring the success of sex offender control and containment
programs and strategies.
(4) Adopt goals related to outcome measures that shall be used to
determine the effectiveness of the local sex offender control and
containment strategy.
(d) Each county that receives a grant shall report, beginning
January 1, 2008, and annually thereafter, to the appropriating body
and the Corrections Standards Authority, in a format specified by the
Corrections Standards Authority, on the programs funded pursuant to
this chapter and program outcomes as specified above.
(e) Grants shall be awarded consistent with the following:
(1) Funding shall be used to supplement, rather than supplant,
existing programs.
(2) Grant funds shall be used for programs that are identified in
the local action plan. No grant shall be awarded unless the applicant
makes available resources in an amount equal to at least 25 percent
of the amount of the grant.
(3) Resources may include in-kind contributions from participating
agencies.
(4) Priority shall be given to those proposals which include
additional funding that exceeds 25 percent of the amount of the
grant.
(5) Priority consideration shall be given to counties or regions
that can demonstrate all of the following:
(A) A high per capita number of sex offenders in a region.
(B) The risk levels of those offenders.
(C) The stated needs of the project.
(D) The use of similar programs that have proven successful.
(f) The Corrections Standards Authority shall compile the local
reports and annually report to the Governor and the Legislature on
the use of grant moneys.
SEC. 2. The sum of ______ is hereby appropriated
from the General Fund to the Controller for distribution to counties
and regional authorities for the purposes of Chapter 9.7 (commencing
with Section 13887) of Title 6 of Part 4 of the Penal Code.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:(PU (DF
21, Revised 12/94) PU RN0301132) are:
In order to protect the citizens of our state, particularly
children, from sexually violent predators, it is necessary that this
act take effect immediately.