BILL ANALYSIS
SB 1201
Page 1
Date of Hearing: June 22, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1201 (DeSaulnier) - As Amended: June 16, 2010
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to assess every person on parole
transferred from another jurisdiction who has been convicted of
an offense that if committed or attempted in California would
require him or her to register as a sex offender.
Specifically, this bill requires such an assessment be completed
within 60 days of determination by the Department of Justice
(DOJ) that the person is required to register as a sex offender.
EXISTING LAW :
1)Requires individuals convicted of specified crimes to register
with local law enforcement while living, working or attending
school in California. (Penal Code Section 290.)
2)Requires an individual convicted of a crime in any other court
of an offense that if committed in California, would require
registration as a sex offender to register with local law
enforcement while living, working or attending school in
California. (Penal Code Section 290.005.)
3)Requires CDCR to assess every person incarcerated in state
prison using the State-Authorized Risk Assessment Tool for Sex
Offenders (SARATSO). Whenever possible, the assessment will
take place at least four months before release, but no sooner
than 10 months before release. [Penal Code Section
290.06(a)(1).]
4)Requires CDCR to assess every person who is on parole if that
person was not evaluated before release from state prison.
Whenever possible, the assessment will take place at least
four months before termination of parole, but no sooner than
10 months before termination of parole. [Penal Code Section
290.06(a)(2).]
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5)Requires the Department of Mental Health (DMH) to assess every
person committed to that department who has committed an
offense that requires him or her to register as a sex
offender. Whenever possible, the assessment will take place
at least four months before release from commitment, but no
sooner than 10 months before release from commitment. [Penal
Code Section 290.06(a)(3).]
6)Requires CDCR and DMH to send the scores of individuals
assessed to the DOJ Sex Offender Tracking Program within 30
days of the assessment. [Penal Code Section 290.06(a)(4).]
7)Requires an individual, who is required to register as a sex
offender, to show proof of registration to his or her
probation officer within six working days of his or her
release on probation or parole. [Penal Code Section
290.85(a).]
8)Requires a parole agent or probation officer who supervises an
individual who is required to register as a sex offender to
notify that individual of his or her duty to register as a sex
offender no fewer than six days before that individual is
required to register as a sex offender. [Penal Code Section
290.85(c).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Under current
law when a parolee is transferred from another state or by the
federal government to California, they are not required to
undergo the same risk assessment that all sex offenders who
are convicted in California must undergo. This loophole in
current law was brought to light through the arrest of Phillip
Garrido who allegedly kidnapped and held Jaycee Duggard
captive for 18 years. When Phillip Garrido's parole
supervision was transferred to CDCR from Nevada, he did not
receive any type of risk assessment. If Phillip Garrido would
have been provided a risk assessment, which was finally done
after his arrest, his parole agent would have known that he
was at a high-risk of re-offending and the agent would have
been able to treat him accordingly. This would have included
putting him on a high-risk sex offender caseload.
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Unfortunately, because of this loophole in current law,
Phillip Garrido was able to continue holding Jaycee Duggard
captive while under CDCR's supervision for over 10 years."
2)Background: Development of SARATSO: According to the
California Sex Offender Management Board (SOMB), "By statute
effective September 2006, the Legislature established a
statutory scheme for assessing all persons required to
register as sex offenders in California for risk of
reoffending. For each population of sex offenders-adult males,
adult females, juvenile males, and juvenile females-the
Legislature either selected, or established a means for
selecting, a State Authorized Risk Assessment Tool for Sex
Offenders, or SARATSO. By statute, the SARATSO selected for
adult males is the Static-99 risk assessment instrument. The
continued use of this instrument for adult males, and the
selection of instruments for the other populations, will be
determined by the SARATSO Review Committee. The Committee,
which is composed of representatives from CDCR, DMH, and the
Attorney General's Office, is working in consultation with
experts in a variety of disciplines to ensure that, for each
population, the SARATSO is 'the most reliable, objective, and
well-established protocol[] for predicting sex offender risk
of recidivism.' The law contemplates that, as of January 1,
2013, each person required to register as a sex offender in
California will have been assessed for his or her risk of
reoffending. This information will be available to probation
offices, courts, correctional facilities, and law
enforcement." [California Sex Offender Management Board, An
Assessment of Current Management Practices of Adult Sex
Offenders in California (January 2008).]
3)Assessment Tools Aid in the Development of Specialized Case
Plans Which Reduce Recidivism : Using an assessment tool such
as SARATSO can help the parole agent develop a specialized
case plan which can reduce the likelihood that an individual
will re-offend. According to SOMB, "Case plans are of
paramount importance and should be initiated at the time the
supervising agency receives the case. Ideally a
multidisciplinary case management team comprised of the
supervising officer, treatment provider and victim advocate
and any other professional associated with offender management
should be involved in the development of the case plan. A
comprehensive risk assessment tool should be administered to
assist in the development of the case plan . . . A clear
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understanding of these factors is important to the case agent
in order to address both temporary and long-standing risk
factors which have the potential to manifest themselves in a
new sexual offense if they are ignored or misunderstood."
[California Sex Offender Management Board, Making California
Communities Safer: Evidence-Based Strategies for Effective
Sex Offender Management (July 2007).]
4)Related Legislation : SB 325 (Alquist), Chapter 582, Statutes
of 2009, provided an additional protocol for an agency
administering 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. Additionally,
SB 325 required results from SARATSO assessments be sent to
the DOJ Sex Offender Trafficking within 30 days of assessment.
5)Prior Legislation :
a) SB 1128 (Alquist), Chapter 337, Statutes of 2006,
created the SARATSO, including its review committee, and
required all individuals subject to registration as a sex
offender be assessed with the SARATSO.
b) SB 1253 (Alquist), of the 2007-2008 Legislative Session,
would have required the SARSTSO training committee to
monitor the consistency and quality of risk assessments,
and arrange for experts to train the persons responsible
for training the persons required to administer the
SARATSO. Additionally, SB 1253 would have required the
results of the assessments be sent to the DOJ's Sex
Offender Tracking Program within 30 days of the assessment.
SB 1253 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County District Attorney's Office
Opposition
None
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Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744