SB 325 California Senate · 2009-2010 Regular Session

Sex offenders: assessments.

Summary
Existing law requires every person required to register as a sex offender to be subject to assessment by the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) . Existing law establishes the SARATSO Review Committee, which consists of representatives of the State Department of Mental Health, the Department of Corrections and Rehabilitation, and the Attorney General, and is staffed by the State Department of Mental Health. Existing law directs the committee 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 widely accepted by the courts. Existing law also requires the SARATSO Training Committee to develop a training program for persons authorized to perform the risk assessments. Under existing law, this training is required to be conducted by experts in the field of risk assessment and the use of actuarial instruments in predicting sex offender risk. This bill would instead provide for the SARATSO Review Committee to be staffed by the Department of Corrections and Rehabilitation. The bill would provide a protocol for an agency that scores the SARATSO and believes that a score does not represent the person's true risk level to submit the case to certain experts for possible override. 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. This bill would require those departments to each maintain a database to record the risk assessment scores of those persons, and to send those scores to the Department of Justice, to be maintained by the Sex Offender Tracking Program. Existing law requires specified persons who administer the SARATSO to have access to all relevant records concerning a person on whom a risk assessment is being performed. This bill would require any person acting under authority from the SARATSO Review Committee as an expert to also have access to those records. Existing law requires probation officers to include in their probation reports information on the results of the SARATSO performed on any person required to register as a sex offender pursuant to certain provisions of law. This bill would require probation officers to include that information on additional persons, including certain juveniles. By requiring additional SARATSO assessments by county probation officers, this bill would impose a state-mandated local program. Under existing law, after adjudging a minor to be a ward of the court, the court is required to hear evidence on the proper disposition of the minor. The court is required to receive in evidence the social study of the minor made by the probation officer, and other relevant and material evidence, as specified. This bill would also require the court to receive in evidence the risk assessment score of the minor, if applicable. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Bill status signed all 5 stages cleared
Introduction
Feb 2009
Committee Review
Jul 2009
Senate Passage
May 2009
Assembly Passage
Jul 2009
Signed into Law
Oct 2009
Introduced Feb 25, 2009 Signed Oct 11, 2009
Floor votes · Senate Aug 17, 2009 · Assembly Jul 13, 2009

How they voted

35–0
Passed · 5 other
Total votes 40
Aug 17, 2009
D Democratic25
21 Yea 4
84% Yea
R Republican15
14 Yea 1
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
8
Committee
7
Amendments
1
Oct 11, 2009
Signed into law
Approved by Governor.
legislature
Aug 17, 2009
Senate · Passed
Senate Vote: pass (35-0-5)
senate
Aug 17, 2009
Introduced
Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 1841.) To enrollment.
upper
Jul 13, 2009
Assembly · Passed
Assembly Vote: pass (71-0-2)
assembly
Jul 2, 2009
Lower · Passed
(Heard in committee on July 1.)
lower
Jul 2, 2009
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.)
lower
Jun 16, 2009
Lower · Passed
(Heard in committee on June 16.)
lower
Jun 16, 2009
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.
lower
May 12, 2009
Upper · Passed
From committee: Do pass. (Ayes 8. Noes 0. Page 848.)
upper
May 4, 2009
Upper · Passed
Hearing postponed by committee.
upper
Apr 21, 2009
Committee
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 0. Page 588.) Re-referred to Com. on APPR.
upper
Feb 25, 2009
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
EA
Elaine Alquist
DDemocratic
CA
13