SB 1198: Sex offenders: risk assessment research.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-05-25
Existing law establishes a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and requires every registered sex offender to be assessed with the SARATSO. Existing law establishes a SARATSO Review Committee, comprised of a representative of the Department of Corrections and Rehabilitation, a representative of the State Department of State Hospitals, and a representative of the Attorney Generals office, to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism. Existing law also establishes a Sex Offender Management Board to address any issues, concerns, and problems related to the community management of sex offenders. Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties.
This bill would require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies. The bill would also add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board. The bill would require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and the Sex Offender Management Board to allow the entities to fulfill their statutory responsibilities, as specified.
Existing law establishes a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and requires every registered sex offender to be assessed with the SARATSO. Existing law establishes a SARATSO Review Committee, comprised of a representative of the Department of Corrections and Rehabilitation, a representative of the State Department of State Hospitals, and a representive representative of the Attorney Generals office, to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism. Existing law also establishes a Sex Offender Management Board to address any issues, concerns, and problems related to the community management of sex offenders. Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties.
This bill would require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies. The bill would also add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board. The bill would require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and the Sex Offender Management Board to allow the entities to fulfill their statutory responsibilities, as specified.
Existing law establishes a State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and requires every registered sex offender to be assessed with the SARATSO. Existing law establishes a SARATSO Review Committee, comprised of a representative of the Department of Corrections and Rehabilitation, a representative of the State Department of State Hospitals, and a representive of the Attorney Generals office, to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism. Existing law also establishes a Sex Offender Management Board to address any issues, concerns, and problems related to the community management of sex offenders. Existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties.
This bill would require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies. The bill would also add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board. The bill would require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and the Sex Offender Management Board to allow the entities to fulfill their statutory responsibilities, as specified.
(a)The Legislature finds and declares all of the following:
(1)In 2010, the Legislature honored the memory of Chelsea King by enacting Chelseas Law, which established an evidence-based system, known as the containment model, for monitoring, containing, and supervising sexual offenders. Studying the impact of the current law in preventing sexual reoffending and creating measures for determining its effectiveness will allow supervising agencies and treatment providers to refine the model and standards used to monitor offenders in the sex offender management programs certified by the Sex Offender Management Board.
(2)In 2017, the Legislature expanded the scope of the Sex Offender Management Boards responsibility to address issues, concerns, and problems related to the community management of sex offenders to include juvenile sex offenders in addition to adult sex offenders.
(3)The research studies voluntarily undertaken by the Department of Justice and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to evaluate the effectiveness of the states risk assessment instruments have been a significant enhancement to public safety.
(4)In order to provide the best foundation for protecting families and children from victimization, continuing research is needed to deter future sexual reoffending. Recent research on recidivism rates of California offenders demonstrates that only a small percentage of sexual offenders will reoffend. Identifying that group is vital to the public interest.
(5)Further research on recidivism by California sex offenders should produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for life as tier three sex offenders on the tiered sex offender registry commencing on January 1, 2021. Research should be used to identify factors common to sexual recidivists and to offenders who score at well above average risk to reoffend.
(b)It is the intent of the Legislature that research, initially conducted through a partnership between the Department of Justice and the SARATSO Review Committee, research will continue the vital work of assessing the effectiveness of the states authorized risk assessment instruments.
SEC. 2.Section 290.04 of the Penal Code is amended to read:290.04.(a)(1)The sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code.
(2)A representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney Generals office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate.
(3)(A)In order to assess the continuing effectiveness of sex offender risk assessment instruments selected for use in California, the committee shall sponsor research specific to California sex offenders related to recidivism and desistance from offending, including, but not limited to, research regarding the predictive accuracy of the states authorized risk assessment instruments. The committee shall submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
(B)A report to be submitted pursuant to paragraph subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(b)(1)Commencing January 1, 2007, the The SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males.
(2)The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males.
(c)On or before July 1, 2007, the The SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females.
(d)On or before July 1, 2007, the The SARATSO Review Committee shall research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles.
(e)On or before July 1, 2007, the The SARATSO Review Committee shall research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles.
(f)The committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population.
(g)The committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act.
SEC. 3.Section 9001 of the Penal Code is amended to read:9001.(a)The Sex Offender Management Board which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 19 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics:
(1)Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her own agencys practices.
(2)Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or constituency he or she represents.
(3)A willingness to serve on the board and a commitment to contribute to the boards work.
(b)The membership of the board shall consist of the following persons:
(1)State government agencies:
(A)The Attorney General or his or her designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement.
(B)The Secretary of the Department of Corrections and Rehabilitation or his or her designee who has expertise in parole policies and practices.
(C)The Director of the Division of Adult Parole Services Operations or his or her designee.
(D)One California state judge, appointed by the Judicial Council.
(E)The Director of State Hospitals or his or her designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
(2)Local government agencies:
(A)Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer.
(B)One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. He or she shall have expertise in dealing with adult sex offenders.
(C)One member who represents probation officers, appointed by the Speaker of the Assembly.
(D)One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly.
(E)One member who is a county administrator, appointed by the Governor.
(F)One member who is a city manager or his or her designee, appointed by the Speaker of the Assembly.
(G)One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.
(3)Nongovernmental agencies:
(A)Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules.
(B)Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor.
(C)One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.
(c)The board shall appoint a chair from among the members appointed pursuant to subdivision (b). The chair shall serve in that capacity at the pleasure of the board.
(d)Each member of the board who is appointed pursuant to this section shall serve without compensation.
(e)If a board member is unable to adequately perform his or her duties or is unable to attend more than three meetings in a single 12-month period, he or she is subject to removal from the board by a majority vote of the full board.
(f)Any vacancies on the board as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(g)The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other participants.
(h)The board shall hire a coordinator who has relevant experience in policy research. The board may hire other staff as funding permits.
(i)In the course of performing its duties, the board shall, when possible, make use of the available resources of research agencies such as the Legislative Analysts Office, the California Research Bureau, the California State University system, including schools of public policy and criminology, and other similar sources of assistance.
(j)Staff support services for the board shall be provided by staff of the Department of Corrections and Rehabilitation as directed by the secretary.
All matter omitted in this version of the bill appears in the bill as amended in the Senate March 19, 2018. (JR11) REVISIONS: HeadingLines 2 and 3.(a)The Legislature finds and declares all of the following:
(1)In 2010, the Legislature honored the memory of Chelsea King by enacting Chelseas Law, which established an evidence-based system, known as the containment model, for monitoring, containing, and supervising sexual offenders. Studying the impact of the current law in preventing sexual reoffending and creating measures for determining its effectiveness will allow supervising agencies and treatment providers to refine the model and standards used to monitor offenders in the sex offender management programs certified by the Sex Offender Management Board.
(2)In 2017, the Legislature expanded the scope of the Sex Offender Management Boards responsibility to address issues, concerns, and problems related to the community management of sex offenders to include juvenile sex offenders in addition to adult sex offenders.
(3)The research studies voluntarily undertaken by the Department of Justice and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to evaluate the effectiveness of the states risk assessment instruments have been a significant enhancement to public safety.
(4)In order to provide the best foundation for protecting families and children from victimization, continuing research is needed to deter future sexual reoffending. Recent research on recidivism rates of California offenders demonstrates that only a small percentage of sexual offenders will reoffend. Identifying that group is vital to the public interest.
(5)Further research on recidivism by California sex offenders should produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for life as tier three sex offenders on the tiered sex offender registry commencing on January 1, 2021. Research should be used to identify factors common to sexual recidivists and to offenders who score at well above average risk to reoffend.
(b)It is the intent of the Legislature that research, initially conducted through a partnership between the Department of Justice and the SARATSO Review Committee, will continue the vital work of assessing the effectiveness of the states authorized risk assessment instruments.
SEC. 2.Section 290.04 of the Penal Code is amended to read:290.04.(a)(1)The sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code.
(2)A representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney Generals office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate.
(3)(A)In order to assess the continuing effectiveness of sex offender risk assessment instruments selected for use in California, the committee shall sponsor research specific to California sex offenders related to recidivism and desistance from offending, including, but not limited to, research regarding the predictive accuracy of the states authorized risk assessment instruments. The committee shall submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
(B)A report to be submitted pursuant to paragraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(b)(1)Commencing January 1, 2007, the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males.
(2)The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males.
(c)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females.
(d)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles.
(e)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles.
(f)The committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population.
(g)The committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act.
SEC. 3.Section 9001 of the Penal Code is amended to read:9001.(a)The Sex Offender Management Board which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 19 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics:
(1)Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her own agencys practices.
(2)Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or constituency he or she represents.
(3)A willingness to serve on the board and a commitment to contribute to the boards work.
(b)The membership of the board shall consist of the following persons:
(1)State government agencies:
(A)The Attorney General or his or her designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement.
(B)The Secretary of the Department of Corrections and Rehabilitation or his or her designee who has expertise in parole policies and practices.
(C)The Director of Adult Parole Services or his or her designee.
(D)One California state judge, appointed by the Judicial Council.
(E)The Director of State Hospitals or his or her designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
(2)Local government agencies:
(A)Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer.
(B)One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. He or she shall have expertise in dealing with adult sex offenders.
(C)One member who represents probation officers, appointed by the Speaker of the Assembly.
(D)One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly.
(E)One member who is a county administrator, appointed by the Governor.
(F)One member who is a city manager or his or her designee, appointed by the Speaker of the Assembly.
(G)One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.
(3)Nongovernmental agencies:
(A)Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules.
(B)Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor.
(C)One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.
(c)The board shall appoint a chair from among the members appointed pursuant to subdivision (b). The chair shall serve in that capacity at the pleasure of the board.
(d)Each member of the board who is appointed pursuant to this section shall serve without compensation.
(e)If a board member is unable to adequately perform his or her duties or is unable to attend more than three meetings in a single 12-month period, he or she is subject to removal from the board by a majority vote of the full board.
(f)Any vacancies on the board as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(g)The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other participants.
(h)The board shall hire a coordinator who has relevant experience in policy research. The board may hire other staff as funding permits.
(i)In the course of performing its duties, the board shall, when possible, make use of the available resources of research agencies such as the Legislative Analysts Office, the California Research Bureau, the California State University system, including schools of public policy and criminology, and other similar sources of assistance.
(j)Staff support services for the board shall be provided by staff of the Department of Corrections and Rehabilitation as directed by the secretary.
SEC. 4.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The Sex Offender Management Board, established in Section 9001, and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee, established in Section 290.04, in order to allow these entities to fulfill their statutory mandates to address issues, concerns, and problems related to the community management of sex offenders, conduct certification of standardized sex offender-specific treatment programs, maintain standards for certification of polygraph examiners, and conduct research to facilitate the selection and use of the most reliable, objective, and well-established protocols and instruments for predicting sex offender risk of recidivism. These entities may use the state summary criminal history information for other purposes related to sex offender recidivism, including, but not limited to, research, certification of sex offender treatment programs and treatment providers, and oversight of the containment model system in California. Any material information identifying individual offenders shall not be publicly disclosed. disclosed to board members who are not otherwise authorized to receive criminal offender record information, or to the public.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
(a)The Legislature finds and declares all of the following:
(1)In 2010, the Legislature honored the memory of Chelsea King by enacting Chelseas Law, which established an evidence-based system, known as the containment model, for monitoring, containing, and supervising sexual offenders. Studying the impact of the current law in preventing sexual reoffending and creating measures for determining its effectiveness will allow supervising agencies and treatment providers to refine the model and standards used to monitor offenders in the sex offender management programs certified by the Sex Offender Management Board.
(2)In 2017, the Legislature expanded the scope of the Sex Offender Management Boards responsibility to address issues, concerns, and problems related to the community management of sex offenders to include juvenile sex offenders in addition to adult sex offenders.
(3)The research studies voluntarily undertaken by the Department of Justice and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to evaluate the effectiveness of the states risk assessment instruments have been a significant enhancement to public safety.
(4)In order to provide the best foundation for protecting families and children from victimization, continuing research is needed to deter future sexual reoffending. Recent research on recidivism rates of California offenders demonstrates that only a small percentage of sexual offenders will reoffend. Identifying that group is vital to the public interest.
(5)Further research on recidivism by California sex offenders should produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for life as tier three sex offenders on the tiered sex offender registry commencing on January 1, 2021. Research should be used to identify factors common to sexual recidivists and to offenders who score at well above average risk to reoffend.
(b)It is the intent of the Legislature that research, initially conducted through a partnership between the Department of Justice and the SARATSO Review Committee, will continue the vital work of assessing the effectiveness of the states authorized risk assessment instruments.
SEC. 2.Section 290.04 of the Penal Code is amended to read:290.04.(a)(1)The sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code.
(2)A representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney Generals office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate.
(3)(A)In order to assess the continuing effectiveness of sex offender risk assessment instruments selected for use in California, the committee shall sponsor research specific to California sex offenders related to recidivism and desistance from offending, including, but not limited to, research regarding the predictive accuracy of the states authorized risk assessment instruments. The committee shall submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
(B)A report to be submitted pursuant to paragraph (A) shall be submitted in compliance with Section 9795 of the Government Code.
(b)(1)Commencing January 1, 2007, the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males.
(2)The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males.
(c)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females.
(d)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles.
(e)On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles.
(f)The committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population.
(g)The committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act.
SEC. 3.Section 9001 of the Penal Code is amended to read:9001.(a)The Sex Offender Management Board which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 17 19 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics:
(1)Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her own agencys practices.
(2)Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or constituency he or she represents.
(3)A willingness to serve on the board and a commitment to contribute to the boards work.
(b)The membership of the board shall consist of the following persons:
(1)State government agencies:
(A)The Attorney General or his or her designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement.
(B)The Secretary of the Department of Corrections and Rehabilitation or his or her designee who has expertise in parole policies and practices.
(C)The Director of Adult Parole Services or his or her designee.
(D)One California state judge, appointed by the Judicial Council.
(E)The Director of State Hospitals or his or her designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
(2)Local government agencies:
(A)Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer.
(B)One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. He or she shall have expertise in dealing with adult sex offenders.
(C)One member who represents probation officers, appointed by the Speaker of the Assembly.
(D)One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly.
(E)One member who is a county administrator, appointed by the Governor.
(F)One member who is a city manager or his or her designee, appointed by the Speaker of the Assembly.
(G)One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.
(3)Nongovernmental agencies:
(A)Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules.
(B)Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor.
(C)One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.
(c)The board shall appoint a chair from among the members appointed pursuant to subdivision (b). The chair shall serve in that capacity at the pleasure of the board.
(d)Each member of the board who is appointed pursuant to this section shall serve without compensation.
(e)If a board member is unable to adequately perform his or her duties or is unable to attend more than three meetings in a single 12-month period, he or she is subject to removal from the board by a majority vote of the full board.
(f)Any vacancies on the board as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(g)The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other participants.
(h)The board shall hire a coordinator who has relevant experience in policy research. The board may hire other staff as funding permits.
(i)In the course of performing its duties, the board shall, when possible, make use of the available resources of research agencies such as the Legislative Analysts Office, the California Research Bureau, the California State University system, including schools of public policy and criminology, and other similar sources of assistance.
(j)Staff support services for the board shall be provided by staff of the Department of Corrections and Rehabilitation as directed by the secretary.
SEC. 4.Section 11105 of the Penal Code is amended to read:11105.(a)(1)The Department of Justice shall maintain state summary criminal history information.
(2)As used in this section:
(A)State summary criminal history information means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person.
(B)State summary criminal history information does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice.
(b)The Attorney General shall furnish state summary criminal history information to the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)The courts of the state.
(2)Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivision (a) of Section 830.31, and subdivisions (a) and (b) of Section 830.5.
(3)District attorneys of the state.
(4)Prosecuting city attorneys or city prosecutors of a city within the state.
(5)City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code.
(6)Probation officers of the state.
(7)Parole officers of the state.
(8)A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08.
(9)A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or postrelease community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law.
(10)An agency, officer, or official of the state if the state summary criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(11)A city or county, city and county, district, or an officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the state summary criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation.
(12)The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120).
(13)A person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct.
(14)Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code.
(15)A managing or supervising correctional officer of a county jail or other county correctional facility.
(16)A humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers.
(17)Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing state summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parents having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code.
(18)County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for a purpose other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.
(19)The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving state summary criminal history information pursuant to this section.
(20)Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section.
(21)An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code.
(22)A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code.
(23)A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code.
(24)A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties.
(25)A public agency described in subdivision (b) of Section 15975 of the Government Code, for the purpose of oversight and enforcement policies with respect to its contracted providers.
(26)(A)A state entity, or its designee, that receives federal tax information. A state entity or its designee that is authorized by this paragraph to receive state summary criminal history information also may transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation for the purpose of the state entity or its designee obtaining federal level criminal offender record information from the Department of Justice. This information shall be used only for the purposes set forth in Section 1044 of the Government Code.
(B)For purposes of this paragraph, federal tax information, state entity and designee are as defined in paragraphs (1), (2), and (3), respectively, of subdivision (f) of Section 1044 of the Government Code.
(27)The Sex Offender Management Board, established in Section 9001, and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee, established in Section 290.04, in order to allow these entities to fulfill their statutory mandates to address issues, concerns, and problems related to the community management of sex offenders, conduct certification of standardized sex offender-specific treatment programs, maintain standards for certification of polygraph examiners, and conduct research to facilitate the selection and use of the most reliable, objective, and well-established protocols and instruments for predicting sex offender risk of recidivism. These entities may use the state summary criminal history information for other purposes related to sex offender recidivism, including, but not limited to, research, certification of sex offender treatment programs and treatment providers, and oversight of the containment model system in California. Any material information identifying individual offenders shall not be publicly disclosed.
(c)The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:
(1)A public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates.
(2)To a peace officer of the state other than those included in subdivision (b).
(3)To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7.
(4)To a peace officer of another country.
(5)To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties.
(6)To a person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject.
(7)The courts of the United States, other states, or territories or possessions of the United States.
(8)Peace officers of the United States, other states, or territories or possessions of the United States.
(9)To an individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or a foreign nation.
(10)(A)(i)A public utility, as defined in Section 216 of the Public Utilities Code, or a cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment, may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and arrests for which the person is released on bail or on his or her own recognizance pending trial.
(ii)If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates.
(iii)State summary criminal history information is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved.
(iv)A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. A public utilitys or cable corporations request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a compelling need as required to be shown in this subdivision.
(v)This section shall not be construed as imposing a duty upon public utilities or cable corporations to request state summary criminal history information on current or prospective employees.
(B)For purposes of this paragraph, cable corporation means a corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee.
(C)Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law.
(11)To a campus of the California State University or the University of California, or a four-year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to a special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felons fingerprints and any other information specified by the department.
(12)To a foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individuals application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information.
(d)Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped no criminal record and returned to the person or entity making the request.
(e)Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, a person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature.
(f)Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints.
(g)It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed.
(h)It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law.
(i)Notwithstanding any other law, the Department of Justice or a state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting state summary criminal history information checks that are authorized by law.
(j)The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290.
(k)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided, however, that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest.
(D)Every successful diversion.
(E)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(F)Sex offender registration status of the applicant.
(G)Sentencing information, if present in the departments records at the time of the response.
(l)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or which did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention, or the subject was granted relief pursuant to Section 851.91.
(D)Every date and agency name associated with all retained peace officer or nonsworn law enforcement agency employee preemployment criminal offender record information search requests.
(E)Sex offender registration status of the applicant.
(F)Sentencing information, if present in the departments records at the time of the response.
(m)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or a statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction of an offense rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest.
(D)Sex offender registration status of the applicant.
(E)Sentencing information, if present in the departments records at the time of the response.
(3)Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in the successful completion of a diversion program, exoneration, or a grant of relief pursuant to Section 851.91.
(n)(1)This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following:
(A)Paragraph (10) of subdivision (c), when the information is to be used by a cable corporation.
(B)Section 11105.3 or 11105.4.
(C)Section 15660 of the Welfare and Institutions Code.
(D)A statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference.
(2)With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction, except a conviction for which relief has been granted pursuant to Section 1203.49, rendered against the applicant for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agencys request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agencys request for information.
(B)Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(o)(1)This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or a statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant for a violation or attempted violation of an offense specified in Section 550 of the Financial Code, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sentencing information, if present in the departments records at the time of the response.
(p)(1)This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or a statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes.
(2)Notwithstanding any other law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information:
(A)Every conviction rendered against the applicant, except a conviction for which relief has been granted pursuant to Section 1203.49.
(B)Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial.
(C)Sex offender registration status of the applicant.
(D)Sentencing information, if present in the departments records at the time of the response.
(q)All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2.
(r)This section does not require the Department of Justice to cease compliance with any other statutory notification requirements.
(s)The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information.
(t)Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant.
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Date
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Status
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|---|---|
| Aug 16, 2018 | August 16 hearing: Held in committee and under submission. |
| Aug 8, 2018 | August 8 set for first hearing. Placed on suspense file. |
| Jun 19, 2018 | Coauthors revised. |
| Jun 7, 2018 | Referred to Com. on PUB. S. |
| May 31, 2018 | In Assembly. Read first time. Held at Desk. |
| May 30, 2018 | Read third time. Passed. (Ayes 37. Noes 0.) Ordered to the Assembly. |
| May 29, 2018 | Read second time. Ordered to third reading. |
| May 25, 2018 | Read second time and amended. Ordered to second reading. |
| May 18, 2018 | Set for hearing May 25. |
| Apr 23, 2018 | April 23 hearing: Placed on APPR. suspense file. |
| Apr 13, 2018 | Set for hearing April 23. |
| Apr 11, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on APPR. |
| Mar 21, 2018 | Set for hearing April 10. |
| Mar 19, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Mar 1, 2018 | Referred to Com. on PUB. S. |
| Feb 16, 2018 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 19, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
|
| May 30, 2018 | Senate 3rd Reading SB1198 Wilk et al. | Senate Floor |
Passed |
|
| May 25, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 10, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| California District Attorneys Association | ** Support | Jun 18, 2018 |
| California Sex Offender Management Board | * Support | Apr 23, 2018 |
| Pacific Juvenile Defender Center | ** Support | Jun 18, 2018 |
| Riverside Sheriffs' Association | ** Support | Jun 18, 2018 |
Date of Hearing: August 8, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 1198
Author:(Wilk) – As Amended Ver:May 25, 2018
Policy Committee: | Public Safety | Vote: | 7 - 0 |
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| ||
|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to sponsor research on related to recidivism and cessation from offending, as specified. Specifically, this bill:
- Requires the SARATSO Review Committee to sponsor research specific to California Sex Offenders related to recidivism and cessation from offending, including, but not limited to, research regarding the predictive accuracy of the state's authorized risk assessment instruments, and submit a report to the Legislature on its ongoing research and the final results of its research studies, as specified.
- Adds two additional members to the Sex Offender Management Board (SOMB) with experience in working with juveniles.
FISCAL EFFECT:
- Unknown cost pressures, potentially in the hundreds of thousands of dollars annually, for the SARATSO Review Committee to sponsor research. Actual costs will depend on how much funding from existing research programs can be directed toward research sponsored by SARATSO.
- Minor costs of a few thousand dollars to reimburse travel expenses for two additional members of SOMB to attend board meetings.
COMMENTS:
- Background. State law establishes the State Authorized Risk Assessment Tools for Sex Offenders (SARATSO) Review Committee, which is comprised of one member each from CDCR, the Department of State Hospitals, and the attorney general’s office and is staffed by CDCR. The committee’s role is to consider the selection of the risk assessment tools for California because research shows the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument. Current law also establishes the SOMB within CDCR and consisting of 17 appointed members. The SOMB is also staffed by CDCR.
- Purpose. According to the author:
SB 1198 helps ensure that California continues to obtain the very best information on sexual recidivism rates by various populations on parole, probation, female and juvenile offenders. Research is essential to ensure that the risk instruments selected by the Committee are effectively and accurately measuring the risk of recidivism posed by convicted offenders.
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: June 19, 2018
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 1198
Author:(Wilk) – As Amended Ver:May 25, 2018
SUMMARY: Requires the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to sponsor research on related to recidivism and cessation from offending, as specified. Specifically, this bill:
- Requires the SARATSO Review Committee to sponsor research specific to California Sex Offenders related to recidivism and cessation from offending, including, but not limited to, research regarding the predictive accuracy of the state's authorized risk assessment instruments, and submit a report to the legislature on its ongoing research and the final results of its research studies, as specified.
- Adds two additional members to the Sex Offender Management Board with experience in working with juveniles.
EXISTING LAW:
- States that the sex offender risk assessment tools authorized for use with selected populations shall be known, with respect to each population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code. (Pen. Code, § 290.04, subd. (a)(1).)
- Provides that a representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney General’s office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate. (Pen. Code, § 290.04, subd. (a)(2).)
- States that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males. The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet website. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males. (Pen. Code, § 290.04, subd. (b).)
- Requires the SARATSO Review Committee to research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet website. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females. (Pen. Code, § 290.04, subd. (c).)
- Requires the SARATSO Review Committee to research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet website. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles. (Pen. Code, § 290.04, subd. (d).)
- Requires the SARATSO Review Committee to research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet website. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles. (Pen. Code, § 290.04, subd. (e).)
- Provides that the committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet website. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population. (Pen. Code, § 290.04, subd. (f).)
- Provides that the committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act. (Pen. Code, § 290.04, subd. (g).)
- Establishes the SARATSO Training Committee and provides that the Training Committee shall be comprised of a representative of the Department of State Hospitals, a representative of the Department of Corrections and Rehabilitation, a representative of the Attorney General’s Office, and a representative of the Chief Probation Officers of California. (Pen. Code, § 290.05, subd. (a).)
FISCAL EFFECT: Unknown
COMMENTS:
- Author's Statement: According to the author, " SB 1198 provides statutory authority for the State Authorized Risk Assessment Tools for Sex Offenders (SARATSO) Review Committee to sponsor research on California sex offenders relating to recidivism and cessation from offending and requires the Committee to submit an annual report to the Legislature on its ongoing research and its conclusions.
"SB 1198 helps ensure that CA continues to obtain the very best information on sexual recidivism rates by various populations on parole, probation, female and juvenile offenders. Research is essential to ensure that the risk instruments selected by the Committee are effectively and accurately measuring the risk of recidivism posed by convicted offenders.
"This measure builds upon SB 384 from 2017, authored by Senator Scott Weiner, which added juveniles to the purview of the CA Sex Offender Management Board. Therefore, the Board should contain members that have experience with juvenile sex offenders in order to provide the best foundation for protecting families and children from victimization.
"This bill additionally expands the Board by 2 members requiring one to be a treatment provider of juveniles who have sexually offended and the other to be a probation officer with juvenile experience.
"SB 1198 enables both the SARATSO Review Committee and CA SOMB to continue to fulfill their mission of ensuring the safety of California families and children through this research."
- The Sex Offender Registration Act: California has required sex offender registration since 1947. The purpose for sex offender registration is to deter offenders from committing future crimes, provide law enforcement with an additional investigative tool, and increase public protection. (Wright vs. Superior Court (1997) 15 Cal.4th 521, 526; Alissa Pleau (2007) Review of Selected 2007 California Legislation: Closing a Loophole in California's Sex Offender Registration Laws, 38 McGeorge L. Rev. 276, 278.)
In enacting the Sex Offender Registration Act in 2006 (P.C. 290 et seq.), the Legislature expressly declared its intent to establish a comprehensive and standardized system for regulating sex offenders. (9 Witkin Cal. Crim. Law, supra, § 136.) The Act included a lifetime registration requirement for persons convicted of or adjudicated for specified sex offenses. (See Pen. Code, § 290 et seq.) It also created a “standardized, statewide system” and a “comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities.” (People v. Nguyen (2014) 222 Cal.App.4th 1168, 1179.) These statutes regulate numerous aspects of a sex offender’s life including restricting the places a sex offender may visit and the people with whom he or she may interact. (Ibid.)
SB 384 (Wiener), Chapter 541, Statutes of 2017 modified California’s sex registration system from lifetime registration to a tiered registry. Under the provisions of SB 384, the static risk assessment for sex offenders (SARATSO) is used to assist in the placement of any sex offender into a particularized tier requiring 10-years of registration, 20-years, or lifetime registration.
- California's Sex Offender Management Board's Background: On September 20, 2006, Governor Arnold Schwarzenegger signed Assembly Bill 1015, which created the California Sex Offender Management Board (CASOMB). AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, the California Department of Corrections and Rehabilitation (CDCR) supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
CASOMB’s vision is accomplished by addressing issues, concerns and problems related to community management of adult sex offenders by identifying and developing recommendations to improve policies and practices. A number of changes have taken place with respect to sex offender management laws, policies, and practices in California. Most of these changes have resulted in adoption and implementation of more effective approaches to sex offender management. At its inception, CASOMB members agreed to be guided by evidence-based practices and proven effective policies in carrying out its duties and making policy recommendations to the Legislature. Through CASOMB’s efforts and commitment to a safer California and more effective approach to managing sex offenders in our communities, policymakers have become more aware of and responsive to the growing body of knowledge based on scientific research. This awareness has influenced and informed the development of new policies replacing the uninformed, emotion-driven responses that once supported previously enacted laws.
According to the CASOMB’s most recent report[1], the CASOMB wants to expand its scope in order to include juvenile registrants. The report states that in 2016 there were 1,645 juveniles on the state’s registry. This number is believed to represent only a small percentage of the total number of juveniles who have sexually offended and does not include those who are under probation supervision in the communities. In order to include juvenile registrants in its purview, state legislation is required.
This bill would add two additional members to the CASOMB in the area of juvenile registration. Specifically, this bill would add:- “One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.” And
- “One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.
- “One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.” And
- SARATSO: The term SARATSO refers to evidence-based, state authorized risk assessment tools used for evaluating sex offenders.
State law established the SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California. Research shows that the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument.
A collaborative approach to sex offender management, known as the Containment Model, is used in California. Communication and collaboration among the supervising officer, treatment provider, and polygraph examiner are the heart of this model, which relies on ongoing communication about risk.
New names have been announced for the risk categories on the Static-99R. A Five-Level Risk and Needs System: Maximizing Assessment Results in Corrections through the Development of a Common Language:
- Very Low Risk, Category I, scores -3, -2
- Below Average Risk, Category II, scores -1, 0
- Average Risk, Category III, scores 1, 2, 3
- Above Average Risk, Category IV-a, scores 4,5
- Above Average Risk, Category IV-a, scores 4,5
- Well Above Average Risk, Category IV-b, scores 6+
A 2016 study sponsored by SARATSO examined sexual re-offense rates of sex offenders on parole or probation, five years after release from custody. [2] (The Predictive Validity of Static-99R for Sexual Offenders in California (2016 Update)). The 2016 study concluded that the Static-99R is an effective measure of the risk of sexual re-offense used with the ethnically diverse California sex offender population. The 2016 study also found that transient offenders reoffended sexually at a higher rate than non-transient offenders. The study concluded that transient status among both probation and parolee offenders seems to be associated with higher sexual recidivism rates.[3]
REGISTERED SUPPORT / OPPOSITION:
Support
California District Attorneys Association
Pacific Juvenile Defender Center
State Authorized Risk Assessment tool for Sex Offenders review Committee
Riverside Sheriffs' Association
Opposition
None
Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1198
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/10/18
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill requires the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, and requires the Committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies. Additionally, this bill adds two additional members with experience with juveniles, as specified, to the Sex Offender Management Board (CASOMB).
Existing law:
- Provides that the sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as SARATSO. If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code. (Pen. Code, § 290.04, subd. (a)(1).)
- Provides that a representative of the Department of Corrections and Rehabilitation (CDCR), in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney General’s Office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by CDCR, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The Committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate. (Pen. Code, § 290.04, subd. (a)(2).)
- Provides that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males. The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the Committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and CDCR shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males. (Pen. Code, § 290.04, subd. (b).)
- Provides that the SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the Committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females. (Pen. Code, § 290.04, subd. (c).)
- Requires the SARATSO Review Committee research risk assessment tools for male juveniles required to register as sex offenders. If the Committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles. (Pen. Code, § 290.04, subd. (d).)
- Requires the SARATSO Review Committee research risk assessment tools for female juveniles required to register as sex offenders. If the Committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles. (Pen. Code, § 290.04, subd. (e).)
- Provides that the Committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the Committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and CDCR shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population. (Pen. Code, § 290.04, subd. (f).)
- Provides that the Committee shall perform other functions consistent with the provisions of this bill or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The Committee shall be immune from liability for good faith conduct under this bill. (Pen. Code, § 290.04, subd. (g).)
- Establishes the SARATSO Training Committee and provides that the Training Committee shall be comprised of a representative of the Department of State Hospitals, a representative of CDCR, a representative of the Attorney General’s Office, and a representative of the Chief Probation Officers of California. (Pen. Code, § 290.05, subd. (a).)
This bill:
- Requires the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and requires the Committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
- Adds two additional members with experience with juveniles, as specified, to CASOMB.
- Finds and declares the following:
- In 2010, the Legislature honored the memory of Chelsea King by enacting Chelsea’s Law, which established an evidence-based system, known as the containment model, for monitoring, containing, and supervising sexual offenders. Studying the impact of the current law in preventing sexual reoffending and creating measures for determining its effectiveness will allow supervising agencies and treatment providers to refine the model and standards used to monitor offenders in the sex offender management programs certified by CASOMB.
- In 2017, the Legislature expanded the scope of CASOMB’s responsibility to address issues, concerns, and problems related to the community management of sex offenders to include juvenile sex offenders in addition to adult sex offenders.
- The research studies voluntarily undertaken by the Department of Justice and the SARATSO Review Committee to evaluate the effectiveness of the state’s risk assessment instruments have been a significant enhancement to public safety.
- In order to provide the best foundation for protecting families and children from victimization, continuing research is needed to deter future sexual reoffending. Recent research on recidivism rates of California offenders demonstrates that only a small percentage of sexual offenders will reoffend. Identifying that group is vital to the public interest.
- Further research on recidivism by California sex offenders should produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for life as tier three sex offenders on the tiered sex offender registry commencing on January 1, 2021. Research should be used to identify factors common to sexual recidivists and to offenders who score at well above average risk to reoffend.
Background
Sex Offender Registration Act
California has required sex offender registration since 1947. The purpose for sex offender registration is to deter offenders from committing future crimes, provide law enforcement with an additional investigative tool, and increase public protection. (Wright vs. Superior Court (1997) 15 Cal.4th 521, 526; Alissa Pleau (2007) Review of Selected 2007 California Legislation: Closing a Loophole in California's Sex Offender Registration Laws, 38 McGeorge L. Rev. 276, 278.)
In enacting the Sex Offender Registration Act in 2006 (P.C. 290 et seq.), the Legislature expressly declared its intent to establish a comprehensive and standardized system for regulating sex offenders. (9 Witkin Cal. Crim. Law, supra, § 136.) The Act included a lifetime registration requirement for persons convicted of or adjudicated for specified sex offenses. (See Pen. Code, § 290 et seq.) It also created a “standardized, statewide system” and a “comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities.” (People v. Nguyen (2014) 222 Cal.App.4th 1168, 1179.) These statutes regulate numerous aspects of a sex offender’s life including restricting the places a sex offender may visit and the people with whom he or she may interact. (Ibid.)
SB 384 (Wiener, Chapter 541, Statutes of 2017) modified California’s sex registration system from lifetime registration to a tiered registry. Under the provisions of SB 384, the static risk assessment for sex offenders (SARATSO) is used to assist in the placement of any sex offender into a particularized tier requiring 10-years of registration, 20-years, or lifetime registration.
California's Sex Offender Management Board
On September 20, 2006, Governor Arnold Schwarzenegger signed AB 1015 (Chu, Chapter 338), which created CASOMB. AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, CDCR supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
CASOMB’s vision is accomplished by addressing issues, concerns and problems related to community management of adult sex offenders by identifying and developing recommendations to improve policies and practices. A number of changes have taken place with respect to sex offender management laws, policies, and practices in California. Most of these changes have resulted in adoption and implementation of more effective approaches to sex offender management. At its inception, CASOMB members agreed to be guided by evidence-based practices and proven effective policies in carrying out its duties and making policy recommendations to the Legislature. Through CASOMB’s efforts and commitment to a safer California and more effective approach to managing sex offenders in our communities, policymakers have become more aware of and responsive to the growing body of knowledge based on scientific research. This awareness has influenced and informed the development of new policies replacing the uninformed, emotion-driven responses that once supported previously enacted laws.
According to the CASOMB’s most recent report, the CASOMB wants to expand its scope in order to include juvenile registrants. The report states that in 2016 there were 1,645 juveniles on the state’s registry. This number is believed to represent only a small percentage of the total number of juveniles who have sexually offended and does not include those who are under probation supervision in the communities. In order to include juvenile registrants in its purview, state legislation is required.
This bill adds two additional members to the CASOMB in the area of juvenile registration. Specifically, this bill adds:
- “One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.” and;
- “One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.”
SARATSO
The term SARATSO refers to evidence-based, state authorized risk assessment tools used for evaluating sex offenders.
State law established the SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California. Research shows that the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument.
A collaborative approach to sex offender management, known as the Containment Model, is used in California. Communication and collaboration among the supervising officer, treatment provider, and polygraph examiner are the heart of this model, which relies on ongoing communication about risk.
New names have been announced for the risk categories on the Static-99R. A Five-Level Risk and Needs System: Maximizing Assessment Results in Corrections through the Development of a Common Language
- Very Low Risk, Category I, scores -3, -2
- Below Average Risk, Category II, scores -1, 0
- Average Risk, Category III, scores 1, 2, 3
- Above Average Risk, Category IV-a, scores 4,5
- Above Average Risk, Category IV-a, scores 4,5
- Well Above Average Risk, Category IV-b, scores 6+
A 2016 study sponsored by SARATSO examined sexual re-offense rates of sex offenders on parole or probation, five years after release from custody. (The Predictive Validity of Static-99R for Sexual Offenders in California (2016 Update)). The 2016 study concluded that the Static-99R is an effective measure of the risk of sexual re-offense used with the ethnically diverse California sex offender population. The 2016 study also found that transient offenders reoffended sexually at a higher rate than non-transient offenders. The study concluded that transient status among both probation and parolee offenders seems to be associated with higher sexual recidivism rates.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, unknown costs to the SARATSO Review Committee.
California District Attorneys Association
Pacific Juvenile Defender Center
Riverside Sheriffs’ Association
State Authorized Risk Assessment Tools for Sex Offenders Review Committee
OPPOSITION: (Verified 5/25/18)
None received
5/29/18 9:00:15
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1198 (Wilk) - Sex offenders: risk assessment research
Version: March 19, 2018 | Policy Vote: PUB. S. 7 - 0 |
Urgency: No | Mandate: No |
Hearing Date: May 25, 2018 | Consultant: Shaun Naidu |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2018
Bill Summary:
SB 1198 would, among other things, require the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to sponsor research related to recidivism and cessation from offending and require the committee to submit annual reports.
Fiscal Impact:
Unknown costs to the SARATSO Review Committee.
Author Amendments:
Strike the requirement that the Department of Justice provide state summary criminal history information to the SARATO Review Committee and to the Sex Offender Management Board.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 1198 (Wilk) - Sex offenders: risk assessment research
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1198 would, among other things, require the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to sponsor research related to recidivism and cessation from offending and require the committee to submit annual reports, as specified. It also would require the Attorney General to provide state summary criminal history information to the Sex Offender Management Board (CASOMB) and the SARATSO Review Committee, as specified.
Fiscal Impact:
- The Department of Justice anticipates the need to hire 1.0 Research Analyst II position to assist the department’s Research Center within the California Justice Information Services Division to handle the recidivism and cessation research specific to Californians who commit sex offenses and produce a report on an annual basis. This position, including benefits and operating expenses and equipment, costs about $100,000 per year. (General Fund)
- Minor and absorbable costs to the departments of Corrections and Rehabilitation (CRDR) and State Hospitals (DSH). (General Fund)
Background:
In enacting the Sex Offender Registration Act in 2006, the Legislature expressly declared its intent of establishing a comprehensive and standardized system for regulating people who commit sex offenses. The act created a system of risk assessment, supervision, monitoring, and containment for people on the sex offender registry and regulates various aspects of a registrant’s life, including the places he or she may visit or live and the people with whom he or she can interact. As a part of this system, every registered sex offender must be assessed with the SARATSO. The tool is overseen by the Review Committee, which is comprised of a representative of CDCR, a representative of DSH, and a representative of the Attorney General’s office to ensure that SARATSO reflects the most reliable, objective, and well-established protocols for predicting a person’s risk of recidivism. Additionally, California has established the CASOMB to address any issues, concerns, and problems related to the community management of sex offenders.
Additionally, existing law requires the Attorney General to furnish state summary criminal history information to specified persons or entities if needed in the course of their duties.
Proposed Law:
This bill would:
- Require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and cessation from offending, as specified.
- Require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
- Add two additional members with experience with juveniles, as specified, to CASOMB.
- Require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and CASOMB to allow the entities to fulfill their statutory responsibilities, as specified, and for use for other purposes related to sex offender recidivism. It would specify that any material identifying individual offenders is not to be disclosed to board members who are not otherwise authorized to receive criminal offender record information or to the public.
Related Legislation:
AB 1844 (Fletcher, Ch. 219, Stats. 2010) required, among other things, the SARATSO Review Committee to select actuarial instruments that measure dynamic risk factors and risk of future sexual violence.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: SB 1198 Hearing Date: April 10, 2018
Author: | Wilk | ||
Version: | March 19, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | GC | ||
Subject: Sex Offenders: Risk Assessment Research
HISTORY
Source: State Authorized Risk Assessment Tools for Sex Offenders (SARATSO) Committee
Prior Legislation: AB 1844 (Fletcher), Ch. 219, Stats. of 2010
Support: California District Attorneys Association; Pacific Juvenile Defender Center; Riverside Sheriffs’ Association
Opposition: None known
PURPOSE
The purpose of this bill is to 1) require the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies; 2) add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board and 3) require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and the Sex Offender Management Board to allow the entities to fulfill their statutory responsibilities, as specified.
Existing law provides that the sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code. (Pen. Code, § 290.04, subd. (a)(1).)
Existing law provides that a representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney General’s office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate. (Pen. Code, § 290.04, subd. (a)(2).)
Existing law provides that the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males. The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males. (Pen. Code, § 290.04, subd. (b).)
Existing law provides that the SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females. (Pen. Code, § 290.04, subd. (c).)
Existing law requires the SARATSO Review Committee research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles. (Pen. Code, § 290.04, subd. (d).)
Existing law requires the SARATSO Review Committee research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles. (Pen. Code, § 290.04, subd. (e).)
Existing law provides that the committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population. (Pen. Code, § 290.04, subd. (f).)
Existing law provides that the committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act. (Pen. Code, § 290.04, subd. (g).)
Existing law establishes the SARATSO Training Committee and provides that the Training Committee shall be comprised of a representative of the Department of State Hospitals, a representative of the Department of Corrections and Rehabilitation, a representative of the Attorney General’s Office, and a representative of the Chief Probation Officers of California. (Pen. Code, § 290.05, subd. (a).)
This bill requires the SARATSO Review Committee to sponsor research specific to California sex offenders relating to recidivism and desistance from offending, as specified, and require the committee to submit an annual report to the Legislature on its ongoing research and the final results of its research studies.
This bill would require the Attorney General to furnish state summary criminal history information to the SARATSO Review Committee and the Sex Offender Management Board to allow the entities to fulfill their statutory responsibilities, as specified.
Existing law established the California Sex Offender Management Board under the jurisdiction of the Department of Corrections and Rehabilitation, to consist of 17 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics:
- Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her own agency’s practices.
- Decision-making authority for, or direct access to those who have decision-making authority for, the agency or constituency he or she represents.
- A willingness to serve on the board and a commitment to contribute to the board’s work.
Existing law provides that the membership of the Sex Offender Management Board shall consist of the following persons:
- The Attorney General or his or her designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement.
- The Secretary of the Department of Corrections and Rehabilitation or his or her designee who has expertise in parole policies and practices.
- The Director of Adult Parole Services or his or her designee.
- One California state judge, appointed by the Judicial Council.
- The Director of State Hospitals or his or her designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
- Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer.
- One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. He or she shall have expertise in dealing with adult sex offenders.
- One member who represents probation officers, appointed by the Speaker of the Assembly.
- One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly.
- One member who is a county administrator, appointed by the Governor.
- One member who is a city manager or his or her designee, appointed by the Speaker of the Assembly.
- Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules.
- Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor.
This bill would also add 2 additional members with experience with juveniles, as specified, to the Sex Offender Management Board.
This bill finds and declares the following:
- In 2010, the Legislature honored the memory of Chelsea King by enacting Chelsea’s Law, which established an evidence-based system, known as the containment model, for monitoring, containing, and supervising sexual offenders. Studying the impact of the current law in preventing sexual reoffending and creating measures for determining its effectiveness will allow supervising agencies and treatment providers to refine the model and standards used to monitor offenders in the sex offender management programs certified by the Sex Offender Management Board.
- In 2017, the Legislature expanded the scope of the Sex Offender Management Board’s responsibility to address issues, concerns, and problems related to the community management of sex offenders to include juvenile sex offenders in addition to adult sex offenders.
- The research studies voluntarily undertaken by the Department of Justice and the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) Review Committee to evaluate the effectiveness of the state’s risk assessment instruments have been a significant enhancement to public safety.
- In order to provide the best foundation for protecting families and children from victimization, continuing research is needed to deter future sexual reoffending. Recent research on recidivism rates of California offenders demonstrates that only a small percentage of sexual offenders will reoffend. Identifying that group is vital to the public interest.
- Further research on recidivism by California sex offenders should produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for life as tier three sex offenders on the tiered sex offender registry commencing on January 1, 2021. Research should be used to identify factors common to sexual recidivists and to offenders who score at well above average risk to reoffend.
This bill states the intent of the Legislature that research, initially conducted through a partnership between the Department of Justice and the SARATSO Review Committee, will continue the vital work of assessing the effectiveness of the state’s authorized risk assessment instruments.
COMMENTS
1. Need for This Bill
According to the author:
There is no statutory authority for the CA Sex Offender Management Board (CASOMB) to collect background information from DOJ for research on sex offenders.
This bill requires the Attorney General to furnish state summary criminal history information to members of the California Sex Offender Management Board (SOMB) and the State Authorized Risk Assessments Tools for Sex Offenders (SARATSO) Committee needed in the course of their duties.
SB 1198 will enable CASOMB to continue its work of analyzing and communicating to policymakers about the best policies for managing those who have sexually offended. CASOMB certifies treatment provider agencies which work with these offenders, and also sponsors research underlying policy recommendations. Criminal offender record information is critical both to the certification process and to research about this population.
Further research on recidivism by CA sex offenders is necessary to provide continuing validations of the risk assessment instruments that support placement of California registered offenders on the tiered sex offender registry. Ongoing research should also produce valuable information regarding the use of risk assessment instruments in determining which offenders should register for lifetime as tier three offenders.
SB 1198 helps ensure that CA continues to obtain the very best information on sexual recidivism rates by various populations, e.g., parole, probation, female and juvenile offenders. Research is essential to ensure that the risk instruments selected by the SARATSO Committee are effectively and accurately measuring the risk of recidivism posed by convicted offenders.
SB 384, Chp. 541 (2017-Wiener), added juveniles to the purview of the SOMB. Therefore, the SOMB should have members that have experience with juvenile sex offenders in order to provide the best foundation for protecting families and children from victimization. This bill would also add 2 additional members with experience with juveniles.
It should be noted that any material information identifying individual offenders shall not be disclosed to Board members who are not otherwise authorized to receive criminal offender record information, or to the public.
2. The Sex Offender Registration Act
California has required sex offender registration since 1947. The purpose for sex offender registration is to deter offenders from committing future crimes, provide law enforcement with an additional investigative tool, and increase public protection. (Wright vs. Superior Court (1997) 15 Cal.4th 521, 526; Alissa Pleau (2007) Review of Selected 2007 California Legislation: Closing a Loophole in California's Sex Offender Registration Laws, 38 McGeorge L. Rev. 276, 278.)
In enacting the Sex Offender Registration Act in 2006 (P.C. 290 et seq.), the Legislature expressly declared its intent to establish a comprehensive and standardized system for regulating sex offenders. (9 Witkin Cal. Crim. Law, supra, § 136.) The Act included a lifetime registration requirement for persons convicted of or adjudicated for specified sex offenses. (See Pen. Code, § 290 et seq.) It also created a “standardized, statewide system” and a “comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities.” (People v. Nguyen (2014) 222 Cal.App.4th 1168, 1179.) These statutes regulate numerous aspects of a sex offender’s life including restricting the places a sex offender may visit and the people with whom he or she may interact. (Ibid.)
SB 384 (Wiener), Chapter 541, Statutes of 2017 modified California’s sex registration system from lifetime registration to a tiered registry. Under the provisions of SB 384, the static risk assessment for sex offenders (SARATSO) is used to assist in the placement of any sex offender into a particularized tier requiring 10-years of registration, 20-years, or lifetime registration.
3. California's Sex Offender Management Board's Background
On September 20, 2006, Governor Arnold Schwarzenegger signed Assembly Bill 1015, which created the California Sex Offender Management Board. AB 1015 had been introduced by Assembly Members Judy Chu and Todd Spitzer and passed the California Legislature with nearly unanimous bipartisan support.
Because California is the most populated state in the Union and has had lifetime registration for its convicted sex offenders since 1947, California has more registered sex offenders than any other state with about 88,000 identified sex offenders (per DOJ, August 2007). Currently, the California Department of Corrections and Rehabilitation (CDCR) supervises about 10,000 of those 88,000 sex offenders, of which about 3,200 have been designated as "high-risk sex offenders". (CDCR Housing Summit, March 2007). Additionally, there are about 22,500 adult sex offenders serving time in one of 32 state prisons operated by CDCR (California Sex Offender Management Task Force Report, July 2007).
CASOMB’s vision is accomplished by addressing issues, concerns and problems related to community management of adult sex offenders by identifying and developing recommendations to improve policies and practices. A number of changes have taken place with respect to sex offender management laws, policies, and practices in California. Most of these changes have resulted in adoption and implementation of more effective approaches to sex offender management. At its inception, CASOMB members agreed to be guided by evidence-based practices and proven effective policies in carrying out its duties and making policy recommendations to the Legislature. Through CASOMB’s efforts and commitment to a safer California and more effective approach to managing sex offenders in our communities, policymakers have become more aware of and responsive to the growing body of knowledge based on scientific research. This awareness has influenced and informed the development of new policies replacing the uninformed, emotion-driven responses that once supported previously enacted laws.
According to the CASOMB’s most recent report[1], the CASOMB wants to expand its scope in order to include juvenile registrants. The report states that in 2016 there were 1,645 juveniles on the state’s registry. This number is believed to represent only a small percentage of the total number of juveniles who have sexually offended and does not include those who are under probation supervision in the communities. In order to include juvenile registrants in its purview, state legislation is required.
This bill would add two additional members to the CASOMB in the area of juvenile registration. Specifically, this bill would add:
- “One member who is a probation officer with experience working with juveniles, appointed by the Speaker of the Assembly.” and;
- “One member who is a treatment provider with experience treating juvenile sexual offenders, appointed by the Senate Committee on Rules.
4. SARATSO
The term SARATSO refers to evidence-based, state authorized risk assessment tools used for evaluating sex offenders.
State law established the SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) Review Committee, to consider the selection of the risk assessment tools for California. Research shows that the most accurate way of predicting whether a sex offender will reoffend is by utilizing a validated risk assessment instrument.
A collaborative approach to sex offender management, known as the Containment Model, is used in California. Communication and collaboration among the supervising officer, treatment provider, and polygraph examiner are the heart of this model, which relies on ongoing communication about risk.
New names have been announced for the risk categories on the Static-99R. A Five-Level Risk and Needs System: Maximizing Assessment Results in Corrections through the Development of a Common Language
- Very Low Risk, Category I, scores -3, -2
- Below Average Risk, Category II, scores -1, 0
- Average Risk, Category III, scores 1, 2, 3
- Above Average Risk, Category IV-a, scores 4,5
- Above Average Risk, Category IV-a, scores 4,5
- Well Above Average Risk, Category IV-b, scores 6+
A 2016 study sponsored by SARATSO examined sexual re-offense rates of sex offenders on parole or probation, five years after release from custody. [2] (The Predictive Validity of Static-99R for Sexual Offenders in California (2016 Update)). The 2016 study concluded that the Static-99R is an effective measure of the risk of sexual re-offense used with the ethnically diverse California sex offender population. The 2016 study also found that transient offenders reoffended sexually at a higher rate than non-transient offenders. The study concluded that transient status among both probation and parolee offenders seems to be associated with higher sexual recidivism rates.[3]
5. Summary Criminal History Information
This bill provides that the Attorney General shall furnish state summary criminal history information to The Sex Offender Management Board and the SARATSO Review Committee in order to allow these entities to fulfill their statutory mandates to address issues, concerns, and problems related to the community management of sex offenders, conduct certification of standardized sex offender-specific treatment programs, maintain standards for certification of polygraph examiners, and conduct research to facilitate the selection and use of the most reliable, objective, and well-established protocols and instruments for predicting sex offender risk of recidivism. These entities may use the state summary criminal history information for other purposes related to sex offender recidivism, including, but not limited to, research, certification of sex offender treatment programs and treatment providers, and oversight of the containment model system in California. Any material information identifying individual offenders shall not be disclosed to board members who are not otherwise authorized to receive criminal offender record information, or to the public.
6. Argument in Support
According to the SARATSO Review Committee:
The state committee in charge of risk assessments of those who have committed sexual offenses is the SARATSO Committee. SARATSO strongly supports S.B. 1198. California has been a national leader in research that provides a factual basis for evidence-based sex offender risk assessment. The SARATSO Committee has sponsored studies which validate the use of the state’s risk assessment instruments on a diverse California population. Such studies have provided necessary information about sexual recidivism and are the foundation for the selection of appropriate risk assessment instruments.
This bill helps ensure that California continues to obtain the very best information on sexual recidivism rates by various populations, e.g. parole, probation, female and juvenile offenders. Research is essential to ensure that the risk instruments selected by the SARATSO Committee are effectively and accurately measuring the risk of recidivism posed by convicted offenders.
Additionally, this bill enables the California Sex Offender Management Board (CASOMB) to continue its work of analyzing and communicating to policymakers about the best policies for managing those who have sexually offended. CASOMB certifies treatment provider agencies which work with these offenders, and also sponsors research underlying policy recommendations. Criminal offender record information is critical both to the certification process and to research about this population.
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Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
3MIN
Senate Floor
4MIN
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):
