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SB-1198 Sex offenders: risk assessment research.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
SB1198:v97#DOCUMENT

Revised  June 19, 2018
Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1198


Introduced by Senator Wilk
(Coauthors: Senators Bates and Fuller) Bates, Fuller, and Wiener)
(Coauthors: Assembly Members Acosta, Gallagher, and Lackey) Lackey, and Salas)

February 15, 2018


An act to amend Sections 290.04, 9001, and 11105 290.04 and 9001 of the Penal Code, relating to sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


SB 1198, as amended, Wilk. Sex offenders: risk assessment research.
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 General’s 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) 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.
(2) 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.
(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 state’s 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 state’s 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 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.
(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 state’s 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 agency’s 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 board’s 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 Analyst’s 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.

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REVISIONS:
Heading—Lines 2 and 3.
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