BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1062 (Strickland)
Hearing Date: 05/24/2010 Amended: 05/18/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: SB 1062 is the public safety omnibus bill of
non-controversial changes to statute that are primarily
technical and corrective. This bill also changes requirements on
county probation departments with regard to the State Authorized
Risk Assessment Tool for Sex Offenders (SARATSO), and
requirements on the Department of Justice (DOJ) to maintain
additional information.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
State mandate: probation Potentially significant
reimbursable costs General
Technical/clarifying code Minor cost reduction from
streamlining tasks/code General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law requires probation departments to administer a
SARATSO assessment on every eligible person for whom it prepares
a probation report. This bill would require a probation
department to perform an assessment on all eligible persons
under its jurisdiction whether or not it prepares a probation
report on that person, and would require that the assessment be
done prior to the person's sentencing. By requiring additional
SARATSO assessments by probation departments, this bill would
impose a state-mandated local program. This mandate would be
prospective, and the extent of the expense to county probation
departments for specifically administering a SARATSO to eligible
persons for whom a report will not be prepared is unknown. To a
large extent, this change is consistent with the current
practices of probation departments, but requiring the change in
statute imposes a reimbursable local mandate on county
probation, even if the departments were already administering
SARATSO assessments to the same individuals.
This bill also expands the requirement that DOJ maintain files
of specified existing information to include information in
possession of the Department of Mental Health (DMH) and county
probation departments. This bill would require DMH and probation
departments, in addition to the agencies already subject to the
requirement, to provide criminal histories, Facts of Offense
Sheets, sex offender registration records, police reports,
probation and presentencing reports, judicial records and case
files, juvenile records, psychological evaluations and
psychological hospital reports, and sexually violent predator
treatment program reports to DOJ, upon request. Law enforcement
agencies generally have broad authority to share information,
and do share information with DOJ. By creating a new mandate, as
previously noted, the state could be required to reimburse
county probation departments for tasks they are already
completing
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SB 1062 (Strickland)
without a mandate. Additionally, requiring DOJ to maintain
additional information would likely result in additional
requests to county probation to share the information.
Existing law requires DOJ to provide a summary profile of a
sexual habitual offender to each law enforcement agency when an
individual registers in, or moves to, the area in which the law
enforcement agency is located. This bill would delete this
requirement and instead require DOJ to provide a bulletin to law
enforcement agencies on each high
risk sex offender via the California Sex Offender Registry and
the California Law Enforcement Web (CLEW). This change would
likely result in minor administrative savings to DOJ. Other
technical and clarifying changes enacted by this bill do not
appear to have a significant fiscal impact on the state.