BILL ANALYSIS
SB 325
Page 1
Date of Hearing: June 16, 2009
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Juan Arambula, Chair
SB 325 (Alquist) - As Amended: June 11, 2009
SUMMARY : Provides additional protocol for an agency
administering the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO) and believing that a score does not
represent the person's true risk level to submit the case to
experts, as specified, for possible override. Specifically,
this bill :
1)Provides that if the agency responsible for scoring the
SARATSO believes an individual's score does not represent the
person's true risk level, based on factors in the offender's
record, the agency may submit the case to the experts retained
by the SARATSO Review Committee to monitor the scoring of the
SARATSO.
2)Requires the experts, as specified, be guided by empirical
research in determining whether to raise or lower the risk
level. Agencies that score the SARATSO shall develop a
protocol for submission of risk-level override requests to the
experts retained in accordance with provisions of law, as
specified.
3)Clarifies that the California Department of Corrections and
Rehabilitation (CDCR) assess every eligible person who is on
parole if the person was not assessed prior to release from
state prison.
4)Mandates CDCR and Department of Mental Health (DMH) record in
a database the risk assessment scores of persons assessed, as
specified, and any risk assessment score that was submitted to
CDCR by a probation officer, as required in existing law.
5)Provides that beginning January 1, 2010, CDCR and DMH shall
send the risk assessment scores to the Department of Justice
(DOJ) Sex Offender Tracking Program not later than 30 days
after the date of the assessment. The risk assessment score
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of an offender shall be made part of his or her file
maintained by DOJ's Offender Tracking Program as soon as
possible without financial impact, but no later than January
1, 2012.
6)Provides that eligible persons not assessed by CDCR while
incarcerated may be assessed as follows:
a) A person may be assessed upon request of the law
enforcement agency in the jurisdiction in which the person
is required to register as a sex offender. The law
enforcement agency may enter into a memorandum of
understanding (MOU) with a probation department to perform
the assessment. In the alternative, the law enforcement
agency may arrange to have personnel trained to perform the
risk assessment in accordance with existing law.
b) Eligible persons not assessed may request that a risk
assessment be performed. A request form shall be available
at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the
assessment that shall be sufficient to cover the cost of
the assessment. The risk assessment so requested shall be
performed either by the probation department, if a MOU is
established between the law enforcement agency and the
probation department, or by personnel who have been trained
to perform risk assessment in accordance with existing law.
7)State that for purposes relating to administering the SARATSO,
an "eligible person" is defined as a registered sex offender
eligible for assessment pursuant to the official Coding Rules
designated for use with the risk assessment instrument by the
author of any SARATSO selected by the Review Committee, as
specified.
8)Eliminates from the definition of "eligible person" an
offender who has not been assessed within the previous five
years.
9)Provides that persons authorized to perform risk assessments
pursuant to existing law shall be immune from liability for
good-faith conduct, as specified.
10)Requires persons acting under authority from the SARATSO
Review Committee as an expert, as specified, to have access to
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all relevant records concerning the offender.
11)Provides that if the probation officer has recommended that
the minor be transferred to the CDCR's Division of Juvenile
Justice pursuant to an adjudication for an offense requiring
him or her to register as a sex offender, the selected SARATSO
shall be used to assess the minor and the court shall receive
that risk assessment score into evidence.
12)Retains a DMH representative on the SARATSO Review Committee
but states the Review Committee shall be staffed by CDCR and
any agreed changes to the SARATSO are to be posted by CDCR
rather than DMH.
13)Makes various cross-references to provisions of law related
to probation.
EXISTING LAW :
1)Authorizes the use of a SARATSO pursuant to the legislative
finding that a comprehensive system of risk assessment,
supervision, monitoring and containment for registered sex
offenders residing in California communities is necessary to
enhance public safety and reduce the risk of recidivism posed
by these offenders. (Penal Code Sections 290.03 and 290.04.)
2)Establishes a "SARATSO Review Committee," comprised of a DMH
representative, in consultation with a CDCR representative and
a representative of the Attorney General's Office. [Penal
Code Section 290.04(a)(2).]
3)Provides that he purpose of the SARATSO Review Committee 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 and
cross validated, and is, or is reasonably likely to be, widely
accepted by the courts. 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
it deems appropriate. [Penal Code Section 290.04(a)(2).]
4)Establishes the SARATSO Training Committee, comprised of a DMH
representative, a CDCR representative, a representative of the
Attorney General's Office, and a representative of the Chief
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Probation Officers of California, and generally tasked with
the development of a training program for the administration
of the SARATSO, as specified. (Penal Code Section 290.05.)
5)Provides a schedule for the assessment of sex offenders using
SARATSO, as specified. (Penal Code Section 290.06.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Current law
requires the state and local governments to assess the risk of
all registered sex offenders prior to sentencing, upon release
from prison or jail and while living anywhere within the state
of California. In order for the state risk assessment
committee to ensure that these assessments are reliable, SB
325 provides that SARATSO will monitor the consistency and
quality of risk assessments, and retain experts to train those
who will oversee the training of persons who will perform the
risk assessments.
"The bill also gives the SARATSO Training Committee the
authority to arrange for experts to monitor scoring and answer
questions from the field about scoring, and to ensure scores
are empirically based and legally defensible. Since legal
challenges to risk assessments are already being litigated in
the California courts, it is imperative these changes be made
to existing law.
"SB 325 sets up the proper checks and balances to ensure that
the law mandating the monitoring of high-risk sex offenders on
intensive caseloads and places the GPS monitoring systems on
high-risk offenders. By ensuring these procedures are in
place we can depend on the reliability of the risk assessment
and defend against any legal challenges."
2)Current Risk Assessment Tools : The "STATIC-99" risk
assessment tool is the most widely accepted diagnostic tool
for predicting recidivism by persons convicted of sex crimes.
The tool was developed in Canada and is used throughout North
America and around the world. The developers of STATIC-99
conduct ongoing research and evaluation of the instrument.
The researchers particularly seek to make the instrument both
more accurate in predicting risk and easier to apply in the
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field. It is likely that employment insecurity will be
emphasized as a predictor of re-offense and that the factor
concerning a lack of close relationships will be made easier
to document. This latter change will likely help probation
officers and parole agents obtain correct data. Currently, in
California STATIC-99 is used by CDCR in determining which
high-risk parolees should be monitored with Global Positioning
System devices. The STATIC-99 is an important component of
DMH's review of persons who face possible commitment as
sexually violent predators. The governing statute requires
DMH to employ and update a standardized assessment protocol.
The identified risk factors for recidivism identified in the
STATIC-99 are, as follows: young offender (ages 18 to 25);
lack of intimate partners (intimate partnerships of two years
or more lessen recidivism); non-sexual violence; prior
convictions for non-sexual violence; prior sex offenses (very
important predictor of future criminal behavior); prior
criminal sentencing - four or more separate sentencing;
convictions for "non-contact" sex offense (exhibitionism,
obscene telephone calls, obscene material); unrelated victims
- perpetrators who were not related to their victims are more
likely to re-offend; stranger victims - perpetrators who
preyed on strangers are more likely to re-offend; and, male
victims - perpetrators who committed crimes against male
victims are more likely to re-offend.
SB 1128 (Alquist), Chapter 337, Statutes of 2006, proposed a
comprehensive system for ensuring that risk assessments are
conducted for all persons convicted of registerable sex
offenses, whether granted probation, in prison, on parole, or
in the community after terms of parole or probation have
ended. The system required that risk assessment levels be
posted on Megan's Law to further inform the public as to the
particular risk level of individual registrants. However, SB
1128 was not limited to just the STATIC-99 and specifically
referenced SARATSO and created a review committee to
investigate the best tool to use for this purpose. Although
the best tool may now be the STATIC-99, SB 1128 allowed for
the use of other tests that may prove more accurate in the
future.
3)Prior Legislation :
a) SB 1253 (Alquist), of the 2007-08 Legislative Session,
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would have required the SARATSO Training Committee to
monitor the consistency and quality of risk assessments,
and would have arranged for experts to train the persons
responsible for training the persons required to administer
the SARATSO. SB 1253 was vetoed due to the delayed budget.
b) SB 1128 (Alquist), Chapter 337, Statutes of 2006,
requires that commencing July 1, 2008, every adult
convicted of a registerable sex offense to be assessed for
risk of re-offending using the SARATSO.
REGISTERED SUPPORT / OPPOSITION :
Support
Chief Probation Officers of California
Los Angeles County District Attorney's Office
Opposition
None
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744