BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       SB 326
          AUTHOR:        Beall
          AMENDED:       April 1, 2013
          FISCAL COMM:   Yes            HEARING DATE:  April 17, 2013
          URGENCY:       No             CONSULTANT:    Lynn Lorber

           NOTE  :  This bill has been referred to the Committees on  
                Education and Public 
          Safety.  A "do pass" motion should include referral to the  
                Committee on Public 
          Safety.

           SUBJECT  :  Sex offenders.
          
           SUMMARY
           
          This bill requires schools, before considering whether to  
          grant permission to a sex offender to be on a school  
          campus, to contact the registering authority and requires  
          the registering authority to provide to the school specific  
          information.  

           BACKGROUND
           
          Current law:

          1)   Requires any person who has been convicted of  
               specified sexual offenses to register as a sex  
               offender for the rest of his or her life while  
               residing in California.  The person must register with  
               the chief of police of the city in which he or she is  
               residing, or the sheriff of the county if he or she is  
               residing in an unincorporated area or city that has no  
               police department.  (Penal Code � 290)

          2)   Prohibits a registered sex offender from being in any  
               school building or upon any school grounds without  
               lawful business thereon and without written permission  
               from the chief administrative official of that school.  
                A person violating this prohibition is guilty of a  
               misdemeanor.  







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               (Penal Code � 626.81)

          3)   Prohibits a registered sex offender from residing  
               within 2,000 feet of any public or private school, or  
               park where children regularly gather.  
               (Penal Code � 3003.5)

          4)   Prohibits sex offender registrants, whose sex crime  
               was against a victim under age 16, from working as an  
               employee or volunteer with minors if the registrants  
               would be working with minors directly and in an  
               unaccompanied setting on more than an incidental or  
               occasional basis or would have supervisory or  
               disciplinary power over the child.  If a registrant's  
               crime was not against a victim under age 16, the  
               registrant must notify the employer or volunteer  
               organization of his status as a registrant.  Failure  
               to comply with this law is a misdemeanor offense.   
               (Penal Code � 290.95)

          5)   Specifies when a school district or county office of  
               education requests from the Department of Justice  
               (DOJ), records involving criminal offenses committed  
               by a prospective volunteer, the school district or  
               county office of education may request that the DOJ  
               provide subsequent arrest notification service and  
               specifies that the DOJ shall comply with that request.  
                (Education Code � 35021.2)  

          6)   Provides parents and guardians with certain rights,  
               including the right to volunteer their time and  
               resources for the improvement of school facilities and  
               programs under the direct supervision of district  
               employees, including but not limited to providing  
               assistance in the classroom with the approval of and  
               under the direct supervision of the teacher.  In  
               adopting policies that outline the manner in which  
               parents or guardians, school staff, and pupils may  
               share responsibility for the intellectual, physical,  
               emotional, and social development and well-being of  
               pupils, school district governing boards must specify  
               the manner in which the parents and guardians of  
               pupils may support the learning environment, including  
               volunteering in their children's classrooms or for  








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               other activities at the school.  School districts are  
               not authorized to permit participation by a parent or  
               guardian if it conflicts with a valid restraining  
               order, protective order, or order for custody or  
               visitation issued by a court of competent  
               jurisdiction.  
               (EC � 51101)

           ANALYSIS
           
           This bill  requires schools, before considering whether to  
          grant permission to a sex offender to be on a school  
          campus, to contact the registering authority and requires  
          the registering authority to provide to the school specific  
          information.  Specifically, this bill:

          1)   Requires a chief administrative official of a school  
               (principal), if considering whether to grant  
               permission to a registered sex offender to be on  
               campus, to first consult with the registering  
               authority of the registered sex offender prior to  
               granting permission for that person to come into a  
               school building or upon school grounds.

          2)   Requires the registering authority to disclose to the  
               school principal the following information:

               a)        The person's most recent static State  
                    Authorized Risk Assessment Tool for Sex Offenders  
                    (SARATSO) assessment score and most 


               b)        recent SARATSO dynamic tool and SARATSO  
                    future violence tool assessment scores if those  
                    scores are available from the California Sex and  
                    Arson Registry.  

               c)        A brief description of the facts underlying  
                    the offense(s) for which the person is required  
                    to register, if that information is available  
                    from the California Sex and Arson Registry,  
                    police reports, or pre-sentencing reports.

               d)        Any facts known to the registering authority  








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                    that indicate the person poses a current risk to  
                    children, including the presence of risk factors  
                    associated with committing sexual or violent  
                    offenses.

          3)   Requires the school principal to again consult the  
               registering authority if the principal decides to  
               grant permission to the registered sex offender (prior  
               to actually granting permission), and to advise the  
               registering authority that permission will be granted.

          4)   Authorizes the school principal to grant permission to  
               the person who is a registered sex offender if the  
               registering authority has concluded that the person  
               poses a low risk of reoffending, or the registering  
               authority is undecided as the person's risk of  
               reoffending.  

          5)   Conditions the principal's authority to grant  
               permission if the registering authority has concluded  
               that the person poses a moderate to high risk of  
               reoffending, by requiring the school to notify the  
               parents of each child attending the school that a  
               person who is required to register as a sex offender  
               has been granted permission, the date(s) and times for  
               which permission has been granted, and their right to  
               obtain information regarding the person from a  
               designated law enforcement entity.

          6)   Deems immune from civil liability any school principal  
               or school employee who in good faith disseminates the  
               notification and information about right to obtain  
               information on registered sex offenders.

          7)   Adds the requirement that written permission indicate  
               the date or dates and times for which permission has  
               been granted.

           STAFF COMMENTS
           
           1)   Need for the bill  .  According to the author, "A recent  
               incident at a school in Senate District 15 has shed  
               light on some problems with the California Penal Code  
               when dealing with registered sex offenders on school  








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               grounds.  The Penal Code allows a registered sex  
               offender to enter any school building or grounds with  
               the written permission from the chief administrative  
               official of said school.  While this permission is  
               necessary in some cases, measures must be taken to  
               ensure correct decisions are being made when the  
               permission is granted."

           2)   Effect on parents.   Current law prohibits registered  
               sex offenders from being on a school campus without  
               lawful business and written permission of the school  
               principal, including parents.  Current law provides  
               parents with certain rights, including the right to  
               volunteer at their child's school.  School districts  
               are not authorized to permit participation by a parent  
               or guardian if it conflicts with a valid restraining  
               order, protective order, or order for custody or  
               visitation issued by a court of competent  
               jurisdiction. 

          The term "lawful business" is defined as "a reason for  
               being present upon school property which is not  
               otherwise prohibited by statute, by ordinance, or by  
               any regulation adopted pursuant to statute or  
               ordinance."  This does not clearly indicate that  
               parents who are registered sex offenders have lawful  
               business at their child's school, assuming the  
               person's parental rights have not been limited or  
               terminated.  If a parent who is a registered sex  
               offender and is prohibited from contact with his or  
               her own child, written permission from a school  
               principal would likely violate court orders regarding  
               contact with children.  How do we balance the rights  
               of individuals as parents while protecting the safety  
               of children while at school?

          Questions that may be better suited for the discussion of  
               this bill in the Senate Public Safety Committee  
               include:  What limitations are there on parents who  
               are registered sex offenders from being on campus?   
               Are there situations where a high risk sex offender  
               would have custody of his or her own child or be  
               allowed to have unsupervised contact with his or her  
               child?  








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           3)   Notification of parents .  This bill requires schools  
               to notify the parents of each student attending the  
               school at which permission has been granted for a  
               registered sex offender to be on campus, and requires  
               the notice to include specific information including  
               their right to obtain information regarding the person  
               from a designated law enforcement entity.  This  
               implies that the school will provide to the parents  
               the name of the registered sex offender who has been  
               granted permission to be on campus.  It is unclear to  
               staff whether a school principal has authority to  
               release the name of a registered sex offender in this  
               scenario, or if the parents would contact law  
               enforcement with general information and get more  
               specific information from the registering authority.   
               Further, should the notice to parents be limited to  
               the dates and times the person will be on campus, or  
               could a school principal include additional  
               information such as the offenses for which the person  
               must register, what that person's connection is to the  
               school, or why the principal decided to grant  
               permission for a registered sex offender to be on  
               campus?

           4)   Contacting the registering authority  .  The registering  
               authority is the chief of police of the city in which  
               the registered sex offender lives, or the county  
               sheriff if the person lives in an unincorporated area  
               or a city without a police department.  This bill  
               requires a school principal to contact the registering  
               authority if considering granting permission to a  
               registered sex offender to be on school campus.  This  
               bill requires a school principal to "again contact"  
               the registering authority after receiving certain  
               information from the registering authority if the  
               principal is still considering granting permission to  
               the registered sex offender to be on campus.  The  
               author's intent is to require the principal to contact  
               the registering authority only once.  Therefore, staff  
               recommends an amendment to strike reference to the  
               multiple points of contact.

           5)   Technical amendments  .  Staff recommends an amendment  








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               to authorize the notification methods to be by regular  
               mail, in electronic format upon the request of a  
               parent, or by other methods normally used to  
               communicate with parents in writing (identical to  
               Education Code � 48981).

          Further staff recommends an amendment to require the school  
               to parents at least 14 school days prior to the  
               registered sex offender being on campus.

          This bill authorizes the school principal to grant  
               permission to the person who is a registered sex  
               offender if the registering authority has concluded  
               that the person poses a low risk of reoffending, or  
               the registering authority is undecided as the person's  
               risk of reoffending.  It is unclear why this provision  
               is necessary or how the result differs from current  
               law.  Staff recommends an amendment to strike this  
               language.

           6)   Fiscal impact  .  Schools are likely to incur costs for  
               the notification requirements of this bill, in  
               addition to costs for the time school principals spend  
               contacting law enforcement.  Could this have the  
               effect of being so burdensome on schools that  
               permission will never be granted for a registered sex  
               offender to be on campus?

           7)   Governor's Local Control Funding Formula (LCFF)  .  As  
               part of the  
                2013- 14 Governor's Budget, the administration  
               proposes to restructure the existing K-12 finance  
               system and eliminate over 40 existing programs while  
               also repealing, what the administration determines are  
               countless "discretionary" provisions of statute, while  
               implementing a new formula known as the Local Control  
               Funding Formula (LCFF). The LCFF would consolidate the  
               vast majority of state categorical programs and  
               revenue limit apportionments into a single source of  
               funding (12 categorical programs, including Special  
               Education, Child Nutrition, Preschool, and After  
               School programs, would be excluded).  The LCFF  
               proposal would also eliminate the statutory and  
               programmatic requirements for almost all existing  








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               categorical programs - the programs would be deemed  
               "discretionary" and programs in any of these areas  
               would be dependent on local district discretion.  To  
               the extent that the LCFF or a modified version of it  
               is adopted as part of the budget, the majority of  
               currently required categorical activities would be  
               left to local districts' discretion. 

               Therefore, the changes proposed by this bill regarding  
               notification requirements could be diluted,  
               eliminated, rendered obsolete or discretionary at the  
               local level.  

          8)   Related legislation  .  SB 565 (Knight) narrows the list  
               of persons eligible to serve as nonteaching volunteer  
               aides in schools by prohibiting individuals who have  
               been convicted of certain violent or serious felonies  
               or that are on post release community supervision or  
               parole.  This bill also authorizes a school district  
               or county office of education to request a local law  
               enforcement agency to conduct an automated criminal  
               records check of a prospective nonteaching volunteer  
               to determine whether he or she has been convicted of  
               certain violent or serious felonies or on post release  
               community supervision or parole.  SB 565 was heard by  
               this Committee on April 3, 2013 but no vote was taken.

           SUPPORT
           
          California Protective Parents Association
          County of Santa Clara Supervisor, District Three
          Saint Frances Cabrini School, Ladies League and  
          Communications Committee
          The Children's Psychological Health Center
          Numerous individuals

           OPPOSITION

           None on file.