BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1201|
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UNFINISHED BUSINESS
Bill No: SB 1201
Author: DeSaulnier (D)
Amended: 6/16/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/13/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Sex offender parolees: risk assessments
SOURCE : Author
DIGEST : This bill expressly requires that sex offender
parolees transferred from other jurisdictions to the
California Department of Corrections and Rehabilitation be
risk assessed pursuant to the requirements of the
California "State-Authorized Risk Assessment Tool for Sex
Offenders," as specified.
Assembly Amendments provide for the assessment by the
Department of Justice.
ANALYSIS : Current law generally authorizes the use of a
"State-Authorized Risk Assessment Tool for Sex Offenders"
(SARATSO) pursuant to the legislative finding that "a
comprehensive system of risk assessment, supervision,
monitoring and containment for registered sex offenders
CONTINUED
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residing in California communities is necessary to enhance
public safety and reduce the risk of recidivism posed by
these offenders." (Penal Code 290.03; 290.04.)
Current law requires that the SARATSO be administered as
follows:
1. The Department of Corrections and Rehabilitation (CDCR)
shall assess every eligible person who is incarcerated
in state prison. Whenever possible, the assessment
shall take place at least four months, but no sooner
than 10 months, prior to release from incarceration.
2. CDCR shall assess every eligible person who is on parole
if the person was not assessed prior to release from
state prison. Whenever possible, the assessment shall
take place at least four months, but no sooner than 10
months, prior to termination of parole. The department
shall record in a database the risk assessment scores of
assessed persons, as specified.
3. The State Department of Mental Health shall assess every
eligible person who is committed to that department.
Whenever possible, the assessment shall take place at
least four months, but no sooner than 10 months, prior
to release from commitment. The State Department of
Mental Health shall record in a database the risk
assessment scores of assessed persons, as specified.
4. Commencing January 1, 2010, CDCR and the State
Department of Mental Health shall send SARATSO scores 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.
5. Each probation department shall assess every eligible
person for whom it prepares a report, as specified.
6. Each probation department shall assess every eligible
person under its supervision who was not assessed
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previously, as specified. The assessment shall take
place prior to the termination of probation, but no
later than January 1, 2010.
7. Eligible persons not assessed, as specified, may be
assessed as specified in the law.
8. "Eligible person" means a person who was convicted of an
offense that requires him or her to register as a sex
offender and who is eligible for assessment, as
specified.
9. Persons authorized to perform risk assessments are
immune from liability for good faith conduct under this
act. (Penal Code 290.06.)
This bill revises this provision to expressly require that
CDCR also assess every person on parole transferred from
any other state or by the federal government to this state
who has been, or is hereafter convicted in any other court,
including any state, federal, or military court, of any
offense that, if committed or attempted in this state,
would have been punishable as a registerable sex offense,
as specified. This required assessment must occur no later
than 60 days after a determination by DOJ that the person
is required to register as a sex offender.
This bill also revises cross-references the "Sex Offender
Registration Act" in the provisions of this section
describing persons eligible for SARATSO assessments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/18/10)
Los Angeles County District Attorney's Office
ARGUMENTS IN SUPPORT : According to the author's office:
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
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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 the
California Department of Corrections and
Rehabilitation 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.
Unfortunately, because of this loophole in current
law, Phillip Garrido was able to continue holding
Jaycee Duggard captive while under the supervision of
the California Department of Corrections and
Rehabilitation for over 10 years.
SB 1201 requires that all parolees who are transferred
from any other state or the federal government be
assessed using the current risk assessment tool that
is currently used for all California sex offenders.
This will ensure that parole agents are aware of the
risk of re-offending by all of their parolees, not
just those released from California prisons.
RJG:nl 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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