BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 325|
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UNFINISHED BUSINESS
Bill No: SB 325
Author: Alquist (D)
Amended: 6/11/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/21/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/11/09
AYES: Kehoe, Cox, Corbett, DeSaulnier, Leno, Walters,
Wolk, Yee
NO VOTE RECORDED: Denham, Hancock, Oropeza, Runner, Wyland
SENATE FLOOR : 36-0, 5/18/09 (Consent)
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier,
Ducheny, Dutton, Hancock, Harman, Hollingsworth, Huff,
Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod,
Oropeza, Padilla, Pavley, Runner, Simitian, Steinberg,
Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Cedillo, Florez, Romero, Vacancy
ASSEMBLY FLOOR : 77-0, 7/13/09 - See last page for vote
SUBJECT : Sex offenders: risk assessments
SOURCE : SARATSO Review Committee
DIGEST : This bill makes the following revisions to the
CONTINUED
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State-Authorized Risk Assessment Tool for Sex Offenders
(SARATSO) law: (1) provides for individuated reviews where
a SARATSO scoring agency believes an individual score is
too high or too low, as specified, (2) clarifies that sex
offender parolees are to be assessed only if they have not
been assessed previously, as specified, (3) requires the
Department of Mental Health (DMH) to record in a database
risk assessment scores, including any submitted by a
probation officer, as specified, (4) requires that
beginning on January 1, 2010, the Department of Corrections
and Rehabilitation and DMH send assessment scores to the
Department of Justice (DOJ) Sex Offender Tracking Program
within 30 days of the assessment, and that the risk
assessment score of an offender be made part of his/her
file maintained by the DOJ Sex Offender Tracking Program as
soon as possible without financial impact, but no later
than January 1, 2012, (5) establishes a process for risk
assessing registered sex offenders who previously have not
been assessed, as specified, (6) broadens the definition of
sex offenders eligible for risk assessment, as specified,
(7) provides immunity for persons who perform authorized
risk assessments in good faith, as specified, (8) expands
the existing records access by the SARATSO Review Committee
to experts it retains, as specified, (9) clarifies that
probation reports include SARATSO results for persons
recommended for sex offender registration by a probation
officer, as specified, and (10) authorizes the use of an
appropriate SARATSO instrument for juvenile sex offenders
where probation recommends commitment to the Division of
Juvenile Justice, as specified.
Assembly Amendments provided that the SARATSO Review
Committee be staffed by the Department of Corrections and
Rehabilitation instead of the Department of Mental Health.
ANALYSIS : Current law generally 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." (Section 290.03 and 290.04 of the Penal
Code)
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Current law establishes a "SARATSO Review Committee,"
comprised of a representative of the DMH, in consultation
with a representative of the Department of Corrections and
Rehabilitation (CDCR) and a representative of the Attorney
General's Office. (Section 290.04(a)(2) of the Penal Code)
The 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 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." (Id.)
This bill instead provides that the SARATSO Review
Committee be staffed by the CDCR which amends the above to
state a representative of CDCR, in consultation with a
representative of DMH and a representative of the Attorney
General's Office shall comprise the SARATSO Review
Committee.
Current law establishes the "SARATSO Training Committee,"
comprised of a representative of DMH, a representative of
CDCR, a representative of the Attorney General's Office, a
representative of the Chief Probation Officers of
California, and generally tasked with the development of a
training program for the administration of the SARATSO, as
specified. (Section 290.05 of the Penal Code)
This bill establishes an individuated override process for
SARATSO scoring, providing that, if "the agency responsible
for scoring the SARATSO believes an individual 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. Those
experts shall 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 this subdivision."
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Current law provides a schedule for the assessment of sex
offenders using SARATSO, as specified. (Section 290.06 of
the Penal Code)
Current law requires CDCR to assess every eligible person
on parole, as specified. (Section 290.06(a)(2) of the
Penal Code)
This bill revises this provision to apply only if the
person was not assessed prior to release from state prison.
Current law requires DMH to assess every eligible person
committed to that department, as specified. (Section
290.06(a)(3) of the Penal Code)
This bill requires DMH to "record in a database the risk
assessment scores of persons assessed ?, and any risk
assessment score that was submitted to the department by a
probation officer," as specified, and make technical
corrections to clarify that this provision applies to DMH.
This bill requires that, "(c)ommencing January 1, 2010,
(CDCR) and (DMH) shall send the scores obtained (as
specified), to the Department of Justice 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 the
Department of Justice Sex Offender Tracking Program as soon
as possible without financial impact, but no later than
January 1, 2012."
Current law provides, "if a person required to be assessed
? was assessed ? within the previous five years, a
reassessment is permissible but not required." (Section
290.06(b) of the Penal Code)
Current law requires the SARATSO Review Committee, in
consultation with local law enforcement agencies, to
establish a plan and a schedule for assessing eligible
persons not assessed, as specified. "The plan shall
provide for adult males to be assessed on or before January
1, 2012, and for females and juveniles to be assessed on or
before January 1, 2013, and it shall give priority to
assessing those persons most recently convicted of an
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offense requiring registration as a sex offender. On or
before January 15, 2008, the committee shall introduce
legislation to implement the plan." (Section 290.06(c) of
the Penal Code)
This bill deletes these provisions, and provides the
following with respect to assessing persons eligible for
assessment who have not been assessed under SARATSO:
1. Upon request of the law enforcement agency in the
jurisdiction in which the person is registered as a sex
offender, as specified, the person shall be assessed.
The law enforcement agency would be authorized to enter
into a memorandum of understanding with a probation
department to perform the assessment, or may arrange to
have personnel trained to perform the risk assessment,
as specified.
2. Eligible persons not assessed upon request of the
registering law enforcement agency may request that a
risk assessment be performed, as follows:
A. A request form shall be available at registering
law enforcement agencies.
B. The person requesting the assessment shall pay a
fee for the assessment that shall be sufficient to
cover the cost of the assessment.
C. The risk assessment so requested shall be
performed either by the probation department or by
trained personnel, as specified.
Current law provides that "eligible person" in this context
"means a person who was convicted of an offense that
requires him or her to register as a sex offender pursuant
to Section 290 and who has not been assessed with the
SARATSO within the previous five years." (Section
290.06(c) of the Penal Code)
This bill strikes the italicized language above and replace
it with, "is eligible for assessment, pursuant to the
official Coding Rules designated for use with the risk
assessment instrument by the author of any risk assessment
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instrument (SARATSO) selected by the SARATSO Review
Committee."
This bill provides that "(p)ersons authorized to perform
risk assessments pursuant to this section, Section 1203,
and Section 706 of the Welfare and Institutions Code shall
be immune from liability for good faith conduct under this
act."
Current law grants access by any person authorized by
statute to administer SARATSO to all relevant records
pertaining to a registered sex offender, as specified.
(Section 290.07 of the Penal Code)
This bill expressly includes within this provision "any
person acting under authority from the SARATSO Review
Committee as an expert to train, monitor, or review scoring
by persons who administer the SARATSO pursuant to Section
290.05 or 1203 of this code or Section 706 of the Welfare
and Institutions Code, ?"
Current law generally requires probation officers to
investigate and report to the court upon the circumstances
surrounding the crime, the prior history and record of the
person, which may be considered either in aggravation or
mitigation of the punishment for persons convicted of a
felony and eligible for probation. (Section 1203 of the
Penal Code)
Current law generally requires that these reports include
the results of the SARATSO assessment conducted on the
person, as specified. (Section 1203(b)(2)(c) of the Penal
Code)
This bill revises this language technically to ensure it
applies to persons for whom probation could recommend sex
offender registration, as specified.
Current law provides that after finding that a minor is
delinquent, as specified, "the court shall hear evidence on
the question of the proper disposition to be made of the
minor. The court shall receive in evidence the social
study of the minor made by the probation officer and any
other relevant and material evidence that may be offered,
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including any written or oral statement offered by the
victim, the parent or guardian of the victim if the victim
is a minor, or if the victim has died or is incapacitated,
the victim's next of kin, (as specified). In any judgment
and order of disposition, the court shall state that the
social study made by the probation officer has been read
and that the social study and any statement has been
considered by the court." (Section 706 of the Welfare and
Institutions Code)
This bill provides in addition that, "if the probation
officer has recommended that the minor be transferred to
(CDCR), Division of Juvenile Justice pursuant to an
adjudication for an offense requiring him or her to
register as a sex offender (as specified), the (applicable)
SARATSO ? shall be used to assess the minor, and the court
shall receive that risk assessment score into evidence."
Prior Legislation
SB 1253 (Alquist), 2007-08 Session, passed the Senate with
a vote of 39-0 on August 19, 2008, but was vetoed.
However, the veto was accompanied by a standard message
relating to the late budget which the Governor used for a
number of bills, and did not on its face indicate any
substantive concerns about the bill. Specifically, the
veto message stated:
"I am returning Senate Bill 1253 without my signature.
"The historic delay in passing the 2008-2009 State Budget
has forced me to prioritize the bills sent to my desk at
the end of the year's legislative session. Given the
delay, I am only signing bills that are the highest
priority for California. This bill does not meet that
standard and I cannot sign it at this time."
SB 1128 (Alquist), Chapter 337, Statutes of 2006.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/14/09)
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SARATSO Review Committee (source)
Chief Probation Officers of California
Crime Victims United of California
Los Angeles District Attorney's Office
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : The author states:
"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 the
State Authorized Risk Assessment review Committee
(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, 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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fong,
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Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Yamada, Bass
NO VOTE RECORDED: Fletcher, Villines, Vacancy
RJG:mw 7/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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