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SB-1619 Probation: sex offense.(1993-1994)

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SB1619:v92#DOCUMENT

Senate Bill No. 1619
CHAPTER 918

An act to add Section 1203.067 to the Penal Code, relating to probation.

[ Filed with Secretary of State  September 28, 1994. Approved by Governor  September 27, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1619, Wright. Probation: sex offense.
Existing law prohibits the granting of probation to any person who has been convicted of a violation of specified provisions relating to, among other things, rape, sodomy, oral copulation, and penetration of the genital or anal openings by a foreign object.
This bill would provide that before probation may be granted to any person convicted of a violation of specified provisions relating to rape, sodomy, lewd and lascivious conduct with a child under the age of 14 years, oral copulation, or penetration of the genital or anal openings by a foreign object, the court shall order the defendant evaluated for the purposes of diagnosis and treatment, conduct a hearing to determine if probation would pose a threat to the victim, and order any appointed psychiatrist or psychologist to consider specified factors in making his or her report to the court.
The bill would further require the court to order any defendant granted probation pursuant to the above provision to be placed in an appropriate treatment program designed to deal with child molestation or sexual offenders, if an appropriate program is available in the county. The bill provides that the defendant shall be responsible for paying the expense of the treatment program.
By increasing the duties of local agencies, including the evaluation of the defendant, the holding of a hearing, and placement of the defendant in a treatment program when the defendant is unable to pay, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.

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


SECTION 1.

 Section 1203.067 is added to the Penal Code, to read:

1203.067.
 (a)  Notwithstanding any other law, before probation may be granted to any person convicted of a felony specified in Section 261, 262, 264.1, 286, 288, 288a, or 289, who is eligible for probation, the court shall do all of the following:
(1)  Order the defendant evaluated pursuant to Section 1203.03, or similar evaluation by the county probation department.
(2)  Conduct a hearing at the time of sentencing to determine if probation of the defendant would pose a threat to the victim. The victim shall be notified of the hearing by the prosecuting attorney and given an opportunity to address the court.
(3)  Order any psychiatrist or psychologist appointed pursuant to Section 288.1 to include a consideration of the threat to the victim and the defendant’s potential for positive response to treatment in making his or her report to the court. Nothing in this section shall be construed to require the court to order an examination of the victim.
(b)  If a defendant is granted probation pursuant to subdivision (a), the court shall order the defendant to be placed in an appropriate treatment program designed to deal with child molestation or sexual offenders, if an appropriate program is available in the county.
(c)  Any defendant ordered to be placed in a treatment program pursuant to subdivision (b) shall be responsible for paying the expense of his or her participation in the treatment program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.