BILL ANALYSIS
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THIRD READING
Bill No: SB 1062
Author: Strickland (R)
Amended: 5/25/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 10-0, 5/27/10
AYES: Kehoe, Alquist, Corbett, Denham, Leno, Price,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Cox
SUBJECT : Public safety omnibus bill
SOURCE : California District Attorneys Association
DIGEST : This bill 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, and requirements on the Department of Justice to
maintain additional information. This bill makes technical
and corrective changes to various code sections relating
generally to criminal justice laws, as specified.
In past years, the omnibus bill has been introduced by all
members of the Committee on Public Safety. This year, like
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last year, Senator Strickland is carrying the bill. This
bill is similar to the ones introduced as Committee bills
in the past in that it has been introduced with the
following understanding: (1) the bill's provisions make
only technical or minor changes to the law; and (2) there
is no opposition by any member of the Legislature or
recognized group to the proposal.
This procedure has allowed for introduction of fewer minor
bills and has saved the Legislature time and expense.
ANALYSIS : Existing law provides the circumstances in
which a local or state government agency may procure the
financial records of an individual in the course of a
criminal or civil investigation and specifies certain
instances where the dissemination of financial records may
be required by an order by a judge. Under existing law, a
court may order the production of relevant records in the
possession of a real estate recordholder upon the ex parte
application by a peace officer stating the records are
relevant to an ongoing felony fraud investigation.
This bill states that the provisions of existing law
regarding the procurement of financial records by the
government do not prohibit the production of real estate
documents upon the ex parte application of a peace officer
during the course of the felony fraud investigation.
Existing law, the Trial Court Facilities Act of 2002,
provides for the transfer of the responsibility of a county
to provide necessary and suitable court facilities by
authorizing the transfer of the responsibility from a
county to the Judicial Council. The act, in order to
facilitate the transfer of facilities, establishes the
Transitional State Court Facilities Construction Fund in
the State Treasury to finance the bonded indebtedness
associated with certain court facilities transferred to the
Judicial Council pursuant to the act.
This bill repeals the provision establishing the
Transitional State Court Facilities Construction Fund and
would delete provisions of existing law providing for a
reduction in court construction penalties for the amounts
collected for transmission to that fund.
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Under existing law, persons convicted of specified drug
offenses are subject to a separate consecutive three-year
term of imprisonment for each prior conviction of an
offense in a list of similar drug offenses.
This bill expands these lists of drug offenses.
Existing law requires every person required to register as
a sex offender to be subject to assessment by the
State-Authorized Risk Assessment Tool for Sex Offenders
(SARATSO). Existing law requires probation departments to
do a SARATSO assessment on every eligible person for whom
it prepares a probation report.
This bill requires probation departments to perform an
assessment on eligible persons whether or not it prepares a
probation report on that person, and requires that the
assessment be done prior to the person's sentencing.
Existing law requires persons placed on probation to be
under the supervision of a county probation officer.
Existing law requires the probation department to compile a
Facts of Offense Sheet, which includes the probationer's
criminal history and the results of his or her SARATSO
assessment, for every person who has been referred to the
department who has been convicted of an offense that
requires registration under the Sex Offender Registration
Act. Existing law requires that the Facts of Offense Sheet
be included in the probation officer's report and requires
the probation officer to send a copy of the Facts of
Offense Sheet to the Department of Justice Sex Offender
Tracking Program. Existing law requires that the Facts of
Offense Sheet be made part of the registered sex offender's
file maintained by the Department of Justice Sex Offender
Tracking Program.
This bill deletes the requirement that the probation
officer send a copy of the Facts of Offense Sheet to the
Department of Justice Sex Offender Tracking Program and
instead require the probation officer to send the Facts of
Offense Sheet to the Department of Justice High Risk Sex
Offender Program.
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Under existing law the pimping of, or the pandering of, a
minor is a felony. Existing law imposes a higher triad of
sentences if the minor is under 16 years of age than if the
minor is over 16 years of age but does not specify the
possible sentences if the minor is exactly 16 years of age.
This bill clarifies that if the minor victim is exactly 16
years of age or older, the lower triad of sentences
applies.
Existing law makes it a crime to possess a firearm if the
person knows he or she is prohibited from doing so by the
provisions of specified protective orders.
This bill applies these provisions to a protective order
sought by an officer of a postsecondary educational
institution where a student has suffered a credible threat
of violence.
Two existing provisions of law both enact the California
Community Corrections Performance Incentives Act. One of
these provisions includes a victim representative on a
local advisory panel created by the act.
This bill repeals the version of the act that does not
include the victim representative in its provisions.
Existing law authorizes each county to establish a
Community Corrections Performance Incentives Fund (CCPIF)
and authorizes the state to annually allocate money into
the State Corrections Performance Incentives Fund to be
used for purposes relating to improving local probation
supervision practices and capacities. Existing law
requires the Director of Finance, in consultation with the
Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts,
to calculate the amount of money to be appropriated from
the state fund into the CCPIF. Under existing law the
calculation is based on costs avoided by the Department of
Corrections and Rehabilitation because of a reduction in
the percentage of adult probationers sent to prison for
probation failure. Under existing law this calculation
includes a statewide probation failure rate, calculated as
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the total number of adult felony probationers statewide
sent to prison in the previous year as a percentage of the
statewide adult felony population as of June 30 of the year
that the calculation is being performed, and the probation
failure rate for each county, calculated as the number of
adult probationers sent to prison from each county in the
previous year as a percentage of the county's adult felony
probation population as of June 30 of the year that the
calculation is being performed.
This bill requires that the statewide and county probation
failure rates be calculated as the number of adult felony
probationers sent to prison statewide, and by each county,
in the previous year as a percentage of the statewide or
county's average adult felony probation population for that
year.
Under existing law, the service of a subpoena by mail or
messenger is effected if and when the recipient
acknowledges receipt of the subpoena. Under existing law
acknowledgment may be made by telephone, mail, or in
person.
This bill includes e-mail or an online form provided by the
sender of the subpoena as an acceptable means of
acknowledging the receipt of a subpoena for purposes of
affecting service, and requires the sender of the subpoena
to retain any acknowledgment received by these methods
until the court date for which the subpoena was issued, or
a later date if specified by the court.
Existing law, subject to the availability of funds,
establishes the Sexual Habitual Offender Program in the
Department of Justice and requires that it evaluate the
number of arrests and convictions of sex offenses and the
length of sentences for repeat offenders. Existing law
defines a "sexual habitual offender" for purposes of the
act as a person who has been convicted of 2 or more violent
offenses against a person involving force or violence which
include at least one sex offense, or as a person who has
committed a crime which requires registration under the Sex
Offender Registration Act and who has additional felony or
misdemeanor arrests on his or her criminal record, as
specified.
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This bill recasts the Sexual Habitual Offender Program as
the High Risk Sex Offender Program. This bill deletes the
requirement that the program evaluate the number of arrests
and convictions of sex offenses and the length of sentences
for repeat offenders and would instead require the program
to receive Facts of Offenses Sheets and use the scores of
sex offenders reported on the sheets for identifying,
assessing, monitoring, and containing sex offenders at high
risk of reoffending. This bill deletes the definition of a
"sexual habitual offender" for purposes of the program and
replace it with "high risk sex offender" and defines a high
risk sex offender as any person who is required to register
under the Sex Offender Registration Act and who has been
assessed with a score equivalent to "high risk" on the
SARATSO, or who has been identified as being at a high risk
of reoffending by the Department of Justice based on the
person's SARATSO score when considered in combination with
unspecified empirically based risk factors.
Existing law requires the Department of Justice to
establish and maintain a comprehensive file of existing
information maintained by law enforcement agencies, the
Department of Corrections and Rehabilitation, the
Department of Motor Vehicles, and the Department of
Justice. Existing law allows the Department of Justice to
request existing information from these agencies regarding
sexual habitual offenders and requires these agencies, when
requested, to provide copies of the information.
This bill expands the requirement that the Department of
Justice maintain files of existing information maintained
by the above agencies to include the State Department of
Mental Health and probation departments. This bill
requires the State Department of Mental Health and
probation departments, in addition to the agencies already
subject to the requirement, to provide existing information
to the Department of Justice upon request regarding high
risk sex offenders. By requiring probation departments to
submit existing information upon the request of the
Department of Justice, this bill imposes a state-mandated
local program.
Under existing law, the Department of Justice is required
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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 deletes this requirement and instead requires the
Department of Justice 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.
This bill makes various technical corrections.
The bill provides that any section of any act, other than
SB 1330, enacted by the Legislature during the 2010
calendar year that takes effect on or before January 1,
2011, and that affects a provision of this act would
prevail over this act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11
2011-12 2012-13 Fund
State mandate: probation
Potentially significant reimbursable costs
General
Technical/clarifying codeMinor cost reduction from
streamlining tasks/code General
SUPPORT : (Verified 5/27/10)
California District Attorneys Association (source)
RJG:nl 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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