BILL ANALYSIS
SB 1201
Page 1
SENATE THIRD READING
SB 1201 (DeSaulnier)
As Amended August 20, 2010
Majority vote
SENATE VOTE :30-0
PUBLIC SAFETY 6-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, | |Nays: |> |
| |Gilmore, Hill, Portantino | |Bradford, | | | |
| | | |Charles Calderon, Coto, | | | |
| | | |Davis, | | | |
| | | |De Leon, Gatto, Hall, | | | |
| | | |Harkey, Miller, Nielsen, | | | |
| | | |Norby, Skinner, Solorio | | | |
| | | |Torlakson, Torrico | | | |
| | | | | | | |
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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.
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.
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
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than 10 months before release.
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.
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.
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.
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.
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor absorbable annual General Fund costs
to CDCR, which reports it currently oversees 71 parolees
transferred to CDCR jurisdiction over the past several years.
CDCR also states that employing SARATSO became current practice
in the wake of the Garrido case (see below).
COMMENTS : 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
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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. 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744
FN: 0006470