BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2411|
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THIRD READING
Bill No: AB 2411
Author: Bonta (D), et al.
Amended: 6/26/14 in Senate
Vote: 27 - Urgency
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 75-0, 5/29/14 - See last page for vote
SUBJECT : Probation and parole
SOURCE : Author
DIGEST : This bill clarifies that certain sex offenders who
are on parole or probation are subject to supervision consistent
with the containment model requirements of Chelseas Law,
regardless of when the person's crime or crimes were committed,
as specified.
ANALYSIS : Existing law generally specifies that persons
placed on formal probation and parole for a crime that requires
registration as a sex offender be required to participate in,
and successfully complete as a condition of release from
probation, an approved sex offender management program, as
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specified.
This bill requires participation in a sex offender management
program, as specified, for all persons placed on formal
probation or parole, without regard to when his/her crime or
crimes were committed.
Prior Legislation
AB 1844 (Fletcher, Chapter 219, Statutes of 2010) enacted the
Chelsea King Child Predator Prevention Act of 2010, also known
as "Chelsea's Law" which increases penalties for forcible sex
acts against minors, provides for life imprisonment without the
possibility of parole for specified sex offenses against minors
that include aggravating factors, mandates lifetime parole for
persons convicted of certain sex crimes against minors, and
creates safe zones around parks. This bill also included the
containment model provisions at issue in this bill.
Background
According to the author, "In an October 28, 2013 Appellate Court
Decision, People v. Douglas M., California's First Appellate
District ruled that Chelsea's Law did not retroactively apply to
sex offenders on county probation, thus removing individuals who
had committed offenses prior to the date of enactment -
September 9, 2010 - from the Containment Model. Furthermore,
the state statute placing county probationers under the
Containment Model is identical to that covering sex offenders
currently on state parole, arguably a more dangerous populations
whose longer sentences practically ensure their offenses
occurred prior to Chelsea's Law."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Continued ongoing costs (General Fund) to the Department of
Corrections and Rehabilitation to provide sex offender
management programs as a condition of parole for defendants
whose offenses occurred prior to September 9, 2010.
Potential non-reimbursable costs (Local) for probation
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departments to provide sex offender management programs as a
condition of probation for defendants whose offenses occurred
prior to September 9, 2010. Costs are estimated to be
non-reimbursable to the extent the treatment program
activities are considered punishment for the crime, as changes
to the penalty for a crime are not reimbursable under
Government Code � 17556.
SUPPORT : (Verified 8/13/14)
California Sex Offender Management Board
OPPOSITION : (Verified 8/13/14)
Taxpayers for Improving Public Safety
California Attorneys for Criminal Justice
ASSEMBLY FLOOR : 75-0, 5/29/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,
Wieckowski, Wilk, Williams, Atkins
NO VOTE RECORDED: Harkey, Linder, Rodriguez, Yamada, Vacancy
JG:nl 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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