Amended in Assembly May 23, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2411

Introduced by Assembly Member Bonta

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(Coauthor: Assembly Member Skinner)

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(Principal coauthor: Senator Leno)

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February 21, 2014

begin delete An act to add Section 686.3 to the Penal Code, relating to eyewitness identification. end delete begin insert An act to amend Sections 1203.067 and 3008 of the Penal Code, relating to corrections. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2411, as amended, Bonta. begin delete Eyewitness identification: guidelines. end delete begin insert Probation and parole. end insert

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Existing law requires the terms of probation or parole for all persons placed on formal probation or parole for an offense that requires registration as a sex offender to include, among other things, participation in, or completion of, a sex offender management program, as specified. Existing law requires that the length of the period in the program be determined by a certified sex offender management professional in consultation with the probation or parole officer and as approved by the court.

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This bill would require participation in the above programs to apply without regard to when the crime or crimes for which the person is on probation or parole were committed. By increasing the penalties for existing crimes, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law governs criminal procedure, but does not regulate how law enforcement officials prepare or conduct eyewitness photo or live lineup identifications.

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This bill would require the Attorney General to develop a set of guidelines governing the collection of eyewitness evidence in showups, photo arrays, and live lineups, on or before January 1, 2016. The bill would require the Attorney General to develop the guidelines by collecting and reviewing the current best practices to reduce the misidentification of persons in eyewitness lineups that are in use in this state, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1203.067 of the end insert begin insert Penal Code end insert begin insert is amended
to read: end insert

1203.067.  

(a) Notwithstanding any other law, before probation
may be granted to any person convicted of a felony specified in
Section 261, 262, 264.1, 286, 288, 288a, 288.5, or 289, who is
eligible for probation, the court shall do all of the following:

(1) Order the defendant evaluated pursuant to Section 1203.03,
or similar evaluation by the county probation department.

(2) Conduct a hearing at the time of sentencing to determine if
probation of the defendant would pose a threat to the victim. The
victim shall be notified of the hearing by the prosecuting attorney
and given an opportunity to address the court.

(3) Order any psychiatrist or psychologist appointed pursuant
to Section 288.1 to include a consideration of the threat to the
victim and the defendant’s potential for positive response to
treatment in making his or her report to the court. Nothing in this
section shall be construed to require the court to order an
examination of the victim.

(b) On or after July 1, 2012, the terms of probation for persons
placed on formal probation for an offense that requires registration
pursuant to Sections 290 to 290.023, inclusive, shall include all of
the following:

(1) Persons placed on formal probation prior to July 1, 2012,
shall participate in an approved sex offender management program,
following the standards developed pursuant to Section 9003, for
a period of not less than one year or the remaining term of
probation if it is less than one year. The length of the period in the
program is to be determined by the certified sex offender
management professional in consultation with the probation officer
and as approved by the court. begin insert Participation in this program applies
to every person described without regard to when his or her crime
or crimes were committed. end insert

(2) Persons placed on formal probation on or after July 1, 2012,
shall successfully complete a sex offender management program,
following the standards developed pursuant to Section 9003, as a
condition of release from probation. The length of the period in
the program shall be not less than one year, up to the entire period
of probation, as determined by the certified sex offender
management professional in consultation with the probation officer
and as approved by the court. begin insert Participation in this program applies
to each person without regard to when his or her crime or crimes
were committed. end insert

(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.

(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional
and supervising probation officer, pursuant to Section 290.09.

(c) Any defendant ordered to be placed in an approved sex
offender management program pursuant to subdivision (b) shall
be responsible for paying the expense of his or her participation
in the program as determined by the court. The court shall take
into consideration the ability of the defendant to pay, and no
defendant shall be denied probation because of his or her inability
to pay.

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begin insert SEC. 2. end insert   

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begin insert Section 3008 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

3008.  

(a) The Department of Corrections and Rehabilitation
shall ensure that all parolees under active supervision who are
deemed to pose a high risk to the public of committing sex crimes,
as determined by the State-Authorized Risk Assessment Tool for
Sex Offenders (SARATSO), as set forth in Sections 290.04 to
290.06, inclusive, are placed on intensive and specialized parole
supervision and are required to report frequently to designated
parole officers. The department may place any other parolee
convicted of an offense that requires him or her to register as a sex
offender pursuant to Section 290 who is on active supervision on
intensive and specialized supervision and require him or her to
report frequently to designated parole officers.

(b) The department shall develop and, at the discretion of the
secretary, and subject to an appropriation of the necessary funds,
may implement a plan for the implementation of relapse prevention
treatment programs, and the provision of other services deemed
necessary by the department, in conjunction with intensive and
specialized parole supervision, to reduce the recidivism of sex
offenders.

(c) The department shall develop control and containment
programming for sex offenders who have been deemed to pose a
high risk to the public of committing a sex crime, as determined
by the SARATSO, and shall require participation in appropriate
programming as a condition of parole.

(d)  On or after July 1, 2012, the parole conditions of a person
released on parole for an offense that requires registration pursuant
to Sections 290 to 290.023, inclusive, shall include all of the
following:

(1) Persons placed on parole prior to July 1, 2012, shall
participate in an approved sex offender management program,
following the standards developed pursuant to Section 9003, for
a period of not less than one year or the remaining term of parole
if it is less than one year. The length of the period in the program
is to be determined by the certified sex offender management
professional in consultation with the parole officer and as approved
by the court. begin insert Participation in this program applies to each person
without regard to when his or her crime or crimes were committed. end insert

(2) Persons placed on parole on or after July 1, 2012, shall
successfully complete a sex offender management program,
following the standards developed pursuant to Section 9003, as a
condition of parole. The length of the period in the program shall
be not less than one year, up to the entire period of parole, as
determined by the certified sex offender management professional
in consultation with the parole officer and as approved by the court.
begin insert Participation in this program applies to every person described
without regard to when his or her crime or crimes were committed. end insert

(3) Waiver of any privilege against self-incrimination and
participation in polygraph examinations, which shall be part of the
sex offender management program.

(4) Waiver of any psychotherapist-patient privilege to enable
communication between the sex offender management professional
and supervising parole officer, pursuant to Section 290.09.

(e) Any defendant ordered to be placed in an approved sex
offender management treatment program pursuant to subdivision
(d) shall be responsible for paying the expense of his or her
participation in the program. The department shall take into
consideration the ability of the defendant to pay, and no defendant
shall be denied discharge onto parole because of his or her inability
to pay.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 686.3 is added to the Penal Code, to read:

686.3.  

(a) This section shall be known and may be cited as the
Witness Identification Accuracy Enhancement Act.

(b) On or before January 1, 2016, the Attorney General shall
develop a set of guidelines governing the collection of eyewitness
evidence in showups, photo arrays, and live lineups.

(c) The Attorney General shall develop the guidelines described
in subdivision (b) by collecting and reviewing the current best
practices to reduce the misidentification of persons in eyewitness
lineups that are in use in California. As part of the collection and
review, the Attorney General shall specifically take into account
local procedures requiring that lineup administrators be neutral
and independent and procedures that prohibit a person who is
familiar with the identity of a suspect from being present while
the lineup is conducted.

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