Bill Text: CA SB1201 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sex offenders: assessments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 710, Statutes of 2010. [SB1201 Detail]
Download: California-2009-SB1201-Amended.html
Bill Title: Sex offenders: assessments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 710, Statutes of 2010. [SB1201 Detail]
Download: California-2009-SB1201-Amended.html
BILL NUMBER: SB 1201 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 16, 2010
AMENDED IN ASSEMBLY JUNE 16, 2010
AMENDED IN SENATE APRIL 20, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 18, 2010
An act to amend Section 290.06 of , and to add Section 2963
to, the Penal Code, and to amend Sections 6601 and 6601.3
of the Welfare and Institutions Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 1201, as amended, DeSaulnier. Sex offenders: assessments.
Existing
(1) Existing law, the Sex
Offender Registration Act, provides that persons convicted of
specified sex offenses are required to register with law enforcement,
as specified. Existing law requires that persons required to
register as sex offenders be subject to assessment by the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO), as
specified. Existing law requires the Department of Corrections and
Rehabilitation and the State Department of Mental Health to perform a
risk assessment of every eligible person under their jurisdiction,
as specified. Existing law provides that the definition of "eligible
person" for this purpose means a person convicted of an offense that
requires him or her to register pursuant to a specified provision of
the act and who is eligible for assessment. The act, in addition to
the provision specified in this definition of "eligible person," also
provides registration requirements for the registration of, among
others, persons convicted of registerable offenses in out-of-state,
federal, or military courts, and registration of out-of-state
residents working or attending school in California.
This bill would require the Department of Corrections and
Rehabilitation to assess every person on parole transferred from any
other state or by the federal government to this state who has been,
or is hereafter convicted in any other court, including any state,
federal, or military court, of any offense that, if committed or
attempted in this state, would require the person to register as a
sex offender, as specified. The bill would specify that this
assessment shall occur no later than 60 days after a determination by
the Department of Justice that the person is required to register as
a sex offender, as specified. The bill would revise the definition
of "eligible person" for the purpose in the paragraph above to
include all persons required to register as sex offenders pursuant to
the Sex Offender Registration Act.
(2) Existing law requires that a prisoner who meets specified
criteria for having a severe mental disorder shall, as a condition of
parole, be required to receive treatment from the State Department
of Mental Health, either on an outpatient or inpatient basis. In
order to impose this parole condition the prisoner must have been
evaluated by the State Department of Mental Health, as provided, and
the chief psychiatrist of the Department of Corrections and
Rehabilitation must have certified to the Board of Parole Hearings
that the prisoner has a severe mental disorder. Existing law provides
for additional mental health examinations in the event of a
disagreement among the evaluators. Under existing law these
evaluations and this certification must be performed prior to the
prisoner's release on parole.
This bill would authorize the Board of Parole Hearings to order
that a person remain in custody for no more than 45 days beyond the
person's release date, upon a showing of good cause, in order to
perform the evaluations described above. The bill would define good
cause for these purposes as meaning circumstances where there is a
recalculation of credits or restoration of credits, a resentencing by
a court, the receipt of the prisoner into custody, or an equivalent
exigent circumstance which results in there being less than 45 days
prior to the person's release on parole to perform the evaluations.
(3) Existing law requires the Secretary of the Department of
Corrections and Rehabilitation to refer a prisoner for evaluation by
the State Department of Mental Health when he or she determines that
the person may be a sexually violent predator. Existing law requires
that this referral be made at least 6 months before the prisoner's
release date and specifies a sexually violent predator evaluation
procedure. Under existing law, the Board of Prison Terms may, upon a
showing of good cause, order that the person referred to the State
Department of Mental Health pursuant to these provisions remain in
custody for no more than 45 days beyond the person's scheduled
release date for a full evaluation.
This bill would define good cause for these purposes as meaning
circumstances where there is a recalculation of credits or
restoration of credits, a resentencing by a court, the receipt of the
prisoner into custody, or an equivalent exigent circumstance which
results in there being less than 45 days prior to the person's
scheduled release date to perform the evaluation.
(4) Existing law requires, prior to release from the custody of
the Department of Corrections and Rehabilitation of a person who has
been convicted of certain crimes of a sexual nature, that the
Secretary of the Department of Corrections and Rehabilitation refer
that person to the State Department of Mental Health for evaluation
if the secretary determines that person may be a sexually violent
predator. The evaluation is to be performed by 2 practicing
psychiatrists or psychologists, or one practicing psychiatrist and
one practicing psychologist, designated by the Director of Mental
Health. If both evaluators concur that the person has a diagnosed
mental disorder so that he or she is likely to engage in acts of
sexual violence without appropriate treatment and custody, the
director shall forward a request for a petition for commitment to the
applicable county. If the evaluators do not agree as to whether the
person meets the criteria for a sexually violent predator, the
director is required to arrange for examination by 2 independent
professionals who are not employees of the state and who meet
specified requirements.
Existing law specifies that the psychologists or psychiatrists
performing the original evaluation may be independent professionals.
Existing law provides that this provision shall be repealed, and a
different provision of existing law that does not provide that the
psychologists or psychiatrists performing the original evaluation may
be independent professionals shall become operative, on the date
that the director executes a declaration specifying that sufficient
qualified state employees have been hired to conduct the evaluations,
or January 1, 2011, whichever occurs first.
This bill would extend this final date for the expiration of the
authorization for independent professionals to perform these
examinations from January 1, 2011, to January 1, 2012.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.06 of the Penal Code is amended to read:
290.06. The SARATSO, as set forth in Section 290.04, shall be
administered as follows:
(a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
(2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
(3) The department shall assess every person on parole transferred
from any other state or by the federal government to this state who
has been, or is hereafter convicted in any other court, including any
state, federal, or military court, of any offense that, if committed
or attempted in this state, would have been punishable as one or
more of the offenses described in subdivision (c) of Section 290. The
assessment required by this paragraph shall occur no later than 60
days after a determination by the Department of Justice that the
person is required to register as a sex offender in California
pursuant to Section 290.005.
(4) The State Department of Mental Health shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
(5) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of Mental Health shall send
the scores obtained in accordance with paragraphs (2), (3), and (4)
to the Department of Justice Sex Offender Tracking Program not later
than 30 days after the date of the assessment. The risk assessment
score of an offender shall be made part of his or her file maintained
by the Department of Justice Sex Offender Tracking Program as soon
as possible without financial impact, but no later than January 1,
2012.
(6) Each probation department shall assess every eligible person
for whom it prepares a report pursuant to Section 1203.
(7) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (5).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
(b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
(1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
(2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
(c) On or before January 1, 2008, the SARATSO Review Committee
shall research the appropriateness and feasibility of providing a
means by which an eligible person subject to assessment may, at his
or her own expense, be assessed with the SARATSO by a governmental
entity prior to his or her scheduled assessment. If the committee
unanimously agrees that such a process is appropriate and feasible,
it shall advise the Governor and the Legislature of the selected
tool, and it shall post its decision on the Department of Corrections
and Rehabilitation's Internet Web site. Sixty days after the
decision is posted, the established process shall become effective.
(d) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to the Sex Offender Registration Act and
who is eligible for assessment, pursuant to the official Coding Rules
designated for use with the risk assessment instrument by the author
of any risk assessment instrument (SARATSO) selected by the SARATSO
Review Committee.
(e) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
SEC. 2. Section 2963 is added to the
Penal Code , to read:
2963. (a) Upon a showing of good cause, the Board of Parole
Hearings may order that a person remain in custody for no more than
45 days beyond the person's scheduled release date for full
evaluation pursuant to paragraph (1) of subdivision (d) of Section
2962 and any additional evaluations pursuant to paragraph (2) of
subdivision (d) of Section 2962.
(b) For purposes of this section, good cause means circumstances
where there is a recalculation of credits or a restoration of denied
or lost credits, a resentencing by a court, the receipt of the
prisoner into custody, or equivalent exigent circumstances which
result in there being less than 45 days prior to the person's
scheduled release date for the evaluations described in subdivision
(d) of Section 2962.
SEC. 3. Section 6601 of the Welfare and
Institutions Code , as amended by Section 2 of Chapter
601 of the Statutes of 2008, is amended to read:
6601. (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
(2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
(b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
Mental Health in consultation with the Department of Corrections and
Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of Mental Health for a full evaluation of
whether the person meets the criteria in Section 6600.
(c) The State Department of Mental Health shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of Mental Health, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of Mental Health, one or both of whom may be independent
professionals as defined in subdivision (g). If both evaluators
concur that the person has a diagnosed mental disorder so that he or
she is likely to engage in acts of sexual violence without
appropriate treatment and custody, the Director of Mental Health
shall forward a request for a petition for commitment under Section
6602 to the county designated in subdivision (i). Copies of the
evaluation reports and any other supporting documents shall be made
available to the attorney designated by the county pursuant to
subdivision (i) who may file a petition for commitment.
(e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of
Mental Health shall arrange for further examination of the person by
two independent professionals selected in accordance with subdivision
(g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of Mental Health for purposes of this section shall not be a
state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
(h) If the State Department of Mental Health determines that the
person is a sexually violent predator as defined in this article, the
Director of Mental Health shall forward a request for a petition to
be filed for commitment under this article to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment in the superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
(j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
(k) If the person is otherwise subject to parole, a finding or
placement made pursuant to this article shall toll the term of parole
pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of
Title 1 of Part 3 of the Penal Code.
(l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of Mental Health of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
(m) (1) The department shall provide the fiscal and policy
committees of the Legislature, including the Chairperson of the Joint
Legislative Budget Committee, and the Department of Finance, with a
semiannual update on the progress made to hire qualified state
employees to conduct the evaluation required pursuant to subdivision
(d). The first update shall be provided no later than July 10, 2009.
(2) On or before January 2, 2010, the department shall report to
the Legislature on all of the following:
(A) The costs to the department for the sexual offender commitment
program attributable to the provisions in Proposition 83 of the
November 2006 general election, otherwise known as Jessica's Law.
(B) The number and proportion of inmates evaluated by the
department for commitment to the program as a result of the expanded
evaluation and commitment criteria in Jessica's Law.
(C) The number and proportion of those inmates who have actually
been committed for treatment in the program.
(3) This section shall remain in effect and be repealed on the
date that the director executes a declaration, which shall be
provided to the fiscal and policy committees of the Legislature,
including the Chairperson of the Joint Legislative Budget Committee,
and the Department of Finance, specifying that sufficient qualified
state employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2011
2012 , whichever occurs first.
SEC. 4. Section 6601 of the Welfare and
Institutions Code , as added by Section 3 of
Chapter 601 of the Statutes of 2008, is amended to read:
6601. (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
(2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
(b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
Mental Health in consultation with the Department of Corrections and
Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of Mental Health for a full evaluation of
whether the person meets the criteria in Section 6600.
(c) The State Department of Mental Health shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of Mental Health, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of Mental Health. If both evaluators concur that the person
has a diagnosed mental disorder so that he or she is likely to engage
in acts of sexual violence without appropriate treatment and
custody, the Director of Mental Health shall forward a request for a
petition for commitment under Section 6602 to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment.
(e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of
Mental Health shall arrange for further examination of the person by
two independent professionals selected in accordance with subdivision
(g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of Mental Health for purposes of this section shall not be a
state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
(h) If the State Department of Mental Health determines that the
person is a sexually violent predator as defined in this article, the
Director of Mental Health shall forward a request for a petition to
be filed for commitment under this article to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment in the superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
(j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
(k) If the person is otherwise subject to parole, a finding or
placement made pursuant to this article shall toll the term of parole
pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of
Title 1 of Part 3 of the Penal Code.
(l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of Mental Health of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
(m) This section shall become operative on the date that the
director executes a declaration, which shall be provided to the
fiscal and policy committees of the Legislature, including the
Chairperson of the Joint Legislative Budget Committee, and the
Department of Finance, specifying that sufficient qualified state
employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2011
2012 , whichever occurs first.
SEC. 5. Section 6601.3 of the Welfare
and Institutions Code is amended to read:
6601.3. (a) Upon a showing of good cause,
the Board of Prison Terms may order that a person referred to the
State Department of Mental Health pursuant to subdivision (b) of
Section 6601 remain in custody for no more than 45 days beyond the
person's scheduled release date for full evaluation pursuant to
subdivisions (c) to (i), inclusive, of Section 6601.
(b) For purposes of this section, good cause means circumstances
where there is a recalculation of credits or a restoration of denied
or lost credits, a resentencing by a court, the receipt of the
prisoner into custody, or equivalent exigent circumstances which
result in there being less than 45 days prior to the person's
scheduled release date for the full evaluation described in
subdivisions (c) to (i), inclusive, of Section 6601.
