BILL ANALYSIS
SB 325
Page 1
SENATE THIRD READING
SB 325 (Alquist)
As Amended June 11, 2009
Majority vote
SENATE VOTE :36-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Arambula, Hagman, |Ayes:|De Leon, Nielsen, |
| |Ammiano, Furutani, | |Ammiano, Coto, Davis, |
| |Gilmore, Hill, Ma | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, John A. |
| | | |Perez, Skinner, Solorio, |
| | | |Audra Strickland, |
| | | |Torlakskon |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
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
SB 325
Page 2
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
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
SB 325
Page 3
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
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Ongoing GF costs in the range of $150,000, primarily to CDCR
to administer SARATSO Training and Review Committees, and to
contract with experts for training, and monitoring SARATSO
scoring and appeals.
Contract costs for experts alone could run in excess of
$100,000. DOJ states the cost of a database to track SARATSO
scores is built into the cost of Violent Crime Information
Network enhancements scheduled for 2010 implementation, so
database costs should be minor. CDCR and DMH currently record
SARATSO scores and forward to DOJ, so these recording and
reporting costs should be minimal.
SB 325
Page 4
Costs to staff and administer the committee may be absorbable by
CDCR, though these costs will likely exceed $50,000.
2)Potential offsetting cost avoidance to the extent this bill
narrows the pool of sex offenders required to undergo
assessment. By specifying that offenders no longer on
probation or parole be assessed only upon request of local law
enforcement agencies - rather than requiring assessment -
existing, potentially state-reimbursable, local law
enforcement costs could be significantly reduced. With a pool
of about 68,000 registered sex offenders eligible for
assessment, a 10% reduction in required assessments could save
about $500,000, assuming a cost of about $75 per assessment,
based on two hours per assessment scoring, plus training for
scorers.
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
SB 325
Page 5
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0001752