Sex offenders: assessments.

(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. This bill would incorporate amendments to Section 290.06 of the Penal Code proposed by AB 1844 and SB 1062 contingent on the prior enactment of those bills.