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AB-493 Registered sex offenders: community care facilities.(2011-2012)

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AB493:v92#DOCUMENT

Amended  IN  Senate  August 06, 2012
Amended  IN  Senate  June 15, 2012
Amended  IN  Senate  May 17, 2012
Amended  IN  Senate  January 04, 2012
Amended  IN  Assembly  May 27, 2011
Amended  IN  Assembly  April 28, 2011
Amended  IN  Assembly  March 21, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 493


Introduced  by  Assembly Member Perea
(Principal Coauthor(s): Senator Alquist)
(Coauthor(s): Assembly Member Alejo, Beall, Block, Blumenfield, Bonilla, Fletcher, Halderman, Huffman, Mendoza, Miller, Nestande, Olsen, V. Manuel Pérez, Portantino, Silva, Solorio, Torres, Williams)
(Coauthor(s): Senator Anderson, Cannella, Correa, De León, Lieu, Rubio)

February 15, 2011


An act to amend Section 1596.86 of the Health and Safety Code, to add Sections 290.96 and 3003.6 to the Penal Code, and to add Sections 361.35, 10613.3, and 10613.4 to the Welfare and Institutions Code, relating to registered sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


AB 493, as amended, Perea. Registered sex offenders: community care facilities.
(1) Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law provides for the licensing and regulation of various community care and child care facilities by the State Department of Social Services.
This bill would prohibit a person required to register under the act from residing, except as specified, working, or volunteering in, among other places, foster homes or facilities licensed by the State Department of Social Services or a county child welfare services agency. Violation of this prohibition would be a misdemeanor. The bill would also authorize a juvenile court to waive this prohibition if the residence involved is that of a noncustodial parent, relative, or nonrelative extended family member who receives the placement of a child who is or may be declared a dependent of the court and the court finds that placing the child in that residence is in the child’s best interest.
This bill would require specified officials who register a person under the act to make a specified determination regarding the registration, notify the person when his or her registered residence or place of employment would be prohibited by the bill, and take appropriate law enforcement action, or make a specified notification, including notifying the county child welfare agency and the Department of Social Services, as specified, if the person registers at a prohibited residence or place of employment.
This bill would also require the State Department of Social Services to, by January 1, 2014, provide specified public officers and persons or entities that register a person who is required to register with the addresses or other equivalent data of, among other things, foster homes or facilities that serve children under 18 years of age and that are licensed by the department or a county child welfare agency.
This bill would also require specified investigators of the State Department of Social Services to compare the residence and employment addresses of persons required to register under the act against the addresses of certain facilities, including, among others, foster homes or facilities licensed by the department or a county child welfare agency. The bill would require investigators to immediately, or as soon as practicably possible, make a report, as specified, to the appropriate county child welfare agency and the State Department of Social Services if those addresses match.
(2)  Existing law, the California Child Day Care Act, requires the Director of Social Services to annually publish and make available certain lists covering all licensed child day care facilities, other than small family day care homes, as defined, and the services for which each facility has been licensed. Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of small family day care homes, except for specified purposes, including, among others, providing the names and addresses of these small family day care homes to certain state agencies, programs, organizations, or plans.
This bill would include a local law enforcement agency among the agencies that may receive lists containing the names, addresses, and other identifying information of small family day care homes, as specified.
This bill would create a new crime and impose additional duties upon local officials, thereby creating 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.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 1596.86 of the Health and Safety Code is amended to read:
1596.86.

(a)The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.

(b)To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names, addresses and other identifying information of facilities identified as small family day care homes, except as follows:

(1)To the extent necessary to administer the licensing program.

(2)To the extent necessary to facilitate the placement of children in these facilities.

(3)To provide the names and addresses of these facilities to the following entities:

(A)Resource and referral agencies funded by the State Department of Education.

(B)Food and nutrition programs funded by the State Department of Education.

(C)Alternative payment programs funded by the State Department of Education.

(D)County programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code), family day care organizations.

(E)Specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), that provide employee assistance program services that include child care referral services.

(F)A local law enforcement agency for the purpose of carrying out the duties described in Section 290.96 of the Penal Code.

(G)Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.

(c)The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.

SECTION 1.

 Section 1596.86 of the Health and Safety Code is amended to read:

1596.86.
 (a) The director shall annually publish and make available to interested persons a list or lists covering all licensed child day care facilities, other than small family day care homes, and the services for which each facility has been licensed or issued a special permit. The lists shall also specify the licensed capacity of the facility and whether it is licensed by the department or by another public agency.
(b) To encourage the recruitment of small family day care homes and protect their personal privacy, the department shall prevent the use of lists containing names, addresses, and other identifying information of facilities identified as small family day care homes, except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing the names and addresses to resource and referral agencies funded by the State Department of Education, food and nutrition programs funded by the State Department of Education, alternative payment programs funded by the State Department of Education, county programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code), family day care organizations, or specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), which provide employee assistance program services that include child care referral services. Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers. follows:
(1) To the extent necessary to administer the licensing program.
(2) To the extent necessary to facilitate the placement of children in these facilities.
(3) To provide the names and addresses of these facilities to the following entities:
(A) Resource and referral agencies funded by the State Department of Education.
(B) Food and nutrition programs funded by the State Department of Education.
(C) Alternative payment programs funded by the State Department of Education.
(D) County programs under the Greater Avenues for Independence Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code).
(E) Family day care organizations.
(F) Specialized health care service plans licensed under the Knox-Keene Health Care Service Plan Act of 1975, as contained in Chapter 2.5 (commencing with Section 1340), that provide employee assistance program services that include child care referral services.
(G) A local law enforcement agency for the purpose of carrying out the duties described in Section 290.96 of the Penal Code.
(H) Upon request, parents seeking local day care services may receive the names and telephone numbers of local small family day care providers.
(c) The department, in consultation with the Child Development Division of the State Department of Education, shall adopt regulations relating to the confidentiality of information provided pursuant to subdivision (b) on small family day care homes. These regulations shall include procedures for updating lists or other information on small family day care providers to ensure referral only to licensed homes in good standing with the department. Any person or entity violating the regulations under this subdivision may be denied access by the department to information on small family day care homes and shall be reported by the department to the appropriate funding or licensing department.

SEC. 2.

 Section 290.96 is added to the Penal Code, to read:

290.96.
 A county sheriff, a chief of police of a city or a campus of the University of California, the California State University, or community college, or any other person or entity that registers a person required to register pursuant to the Sex Offender Registration Act (Sections 290 to 290.023, inclusive) shall, at the time of registration, do all of the following:
(a) Determine whether the person required to register under the Sex Offender Registration Act is registering at a residence or place of employment that is prohibited by Section 3003.6, by using the information provided under Section 10613.3 of the Welfare and Institutions Code and any additional information available for this purpose.
(b) Notify the person required to register under the Sex Offender Registration Act when his or her registered residence or place of employment would be prohibited by Section 3003.6.
(c) Take appropriate law enforcement action if it has jurisdiction or notify an appropriate law enforcement entity with jurisdiction if, after being notified under subdivision (b), the person registers at a residence or place of employment that is prohibited by Section 3003.51.
(d) Immediately, or as soon as practicably possible, report in writing or by telephone, facsimile, or electronic transmission to the county child welfare agency and the Department of Social Services regarding the registration of a person at a residence or place of employment at which a child who has been, or may be, declared a dependent of the court pursuant to Section 300 of the Welfare and Institutions Code resides. If a law enforcement agency makes a report by telephone, the agency shall mail, or send by facsimile or electronic transmission, a written report within 36 hours of its telephone report.

SEC. 3.

 Section 3003.6 is added to the Penal Code, to read:

3003.6.
 (a) A person required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive) shall not reside, except as a client, and shall not work or volunteer, in any of the following, unless a juvenile court has waived the prohibition in accordance with Section 361.35 of the Welfare and Institutions Code:
(1) A foster home or facility that is licensed by the State Department of Social Services or a county child welfare services agency.
(2) A certified home of a foster family agency.
(3) A home or facility that receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code.
(b) A person who violates subdivision (a) is guilty of a misdemeanor.

SEC. 4.

 Section 361.35 is added to the Welfare and Institutions Code, to read:

361.35.
 A court may waive the prohibition in subdivision (a) of Section 3003.6 of the Penal Code if both of the following are true:
(a) The residence is that of a noncustodial parent, a relative, or a nonrelative extended family member who receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300.
(b) The court makes a finding that the placement of the child in the residence is in the best interest of the child.

SEC. 5.

 Section 10613.3 is added to the Welfare and Institutions Code, to read:

10613.3.
 The State Department of Social Services shall, no later than January 1, 2014, provide to each county sheriff, each chief of police of a city or a campus of the University of California, the California State University, or community college, and every other person or entity that registers a person required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive, of the Penal Code) the addresses, or other equivalent data, of all of the following within the jurisdiction of the sheriff, chief of police, or other person or entity:
(a) Each foster home or facility licensed by the State Department of Social Services or a county child welfare agency.
(b) Each home certified by a foster family agency.
(c) Each home or facility whose address is not otherwise provided under subdivision (a) or (b) that has been approved to receive a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300.

SEC. 6.

 Section 10613.4 is added to the Welfare and Institutions Code, to read:

10613.4.
 (a) Peace officers from the Investigators of the State Department of Social Services shall, no less frequently than each calendar quarter, compare the residence and employment addresses of persons required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive, of the Penal Code) against the addresses of all of the following:
(1) Each foster home or facility licensed by the department or a county child welfare agency.
(2) Each home certified by a foster family agency.
(3) Each home or facility that has been approved to receive a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300.
(b) If peace officers investigators from the department determine that an address specified in paragraphs (1) to (3), inclusive, of subdivision (a) matches the residence or employment address of a person required to register under the Sex Offender Registration Act the department shall take appropriate action as authorized by law to further the purposes of Section 3003.6 of the Penal Code.
(c) The peace officer investigator shall also immediately, or as soon as practicably possible, make a report in writing or by telephone, facsimile, or electronic transmission to the appropriate county child welfare agency and the Department of Social Services of the match so that the agency may evaluate what action or actions, if any, would be in the best interest of the child. If a peace officer an investigator makes a report by telephone, the officer investigator shall mail or send by facsimile or electronic transmission a written report within 36 hours of his or her telephone report.
(d) For purposes of this section, “investigator” is an investigator of the State Department of Social Services who is authorized to be a peace officer pursuant to subdivision (h) of Section 830.3 of the Penal Code.

SEC. 7.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.