BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1062 (Strickland)
Hearing Date: 05/27/2010 Amended: 05/25/2010
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 procedures for
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: SUSPENSE FILE.
Existing law requires probation departments to do a SARATSO
assessment on every eligible person for whom it prepares a
probation report. This bill would require probation departments
to perform an assessment on eligible persons 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.
This bill also expands the requirement that the DOJ maintain
files of existing information to include the Department of
Mental Health (DMH) and probation departments. This bill would
require DMH and probation departments, in addition to the
agencies already subject to the requirement, to provide new
information to DOJ upon request regarding high risk sex
offenders. Law enforcement agencies generally have broad
authority to share information, and do share information with
DOJ. By creating a new mandate, however, the state could be
required to reimburse county probation departments for tasks
they are already completing 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
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SB 1062 (Strickland)
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.