Bill Text: CA AB2713 | 2019-2020 | Regular Session | Introduced
Bill Title: Sex Offender Management Board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - In committee: Hearing postponed by committee. [AB2713 Detail]
Download: California-2019-AB2713-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 2713
| Introduced by Assembly Member Jones-Sawyer |
February 20, 2020 |
An act to amend Sections 9001 and 9003 of the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 2713, as introduced, Jones-Sawyer.
Sex Offender Management Board.
Existing law establishes the Sex Offender Management Board under the jurisdiction of the Department of Corrections and Rehabilitation to address issues, concerns, and problems related to the community management of sex offenders. The board consists of 17 members, as specified.
This bill would add a licensed mental health professional with experience treating juveniles who have offended sexually, who would be appointed by the Speaker of the Assembly, and the Director of the Department of Youth and Community Restoration or a designee who has expertise in the treatment or supervision of juveniles who have offended sexually to the board, bringing the total membership to 19.
Existing law requires the board to develop and update standards for certification of sex offender management professionals and sex
offender management programs. Existing law provides an exemption from civil liability for criminal acts committed by persons on parole or probation, or who have been judicially committed who receive supervision or treatment, as specified.
This bill would require the board, on or before July 1, 2022, to develop and update standards for certification of professionals and management programs for juveniles who offend sexually and would require those standards to be published on the board’s internet website. The bill would require programs for juveniles who offend sexually to be provided only by professionals certified by the board. The bill would also extend the exemption from civil liability to certified professionals and programs that provide treatment or supervision to juveniles who offend sexually.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 9001 of the Penal Code is amended to read:9001.
(a) The Sex Offender Management(1) Substantial prior knowledge of issues related to sex offenders, at least insofar as related to his or her the appointee’s 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. represented.
(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 a 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
a designee who has expertise in parole policies and practices.
(C) The Director of
the Division of Adult Parole Services or his or her Operations or a designee.
(D) One California state judge, appointed by the Judicial Council.
(E) The Director of State Hospitals or his or her a designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
(F) The
Director of the Department of Youth and Community Restoration or a designee who has expertise in the treatment or supervision of juveniles who have offended sexually.
(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 This member 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 a designee, 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) One member who is a licensed mental health professional with experience treating juveniles who have offended sexually and who can represent those who provide evaluation and treatment for juveniles who have offended sexually, appointed by the Speaker of the Assembly.
(B)
(C) 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) 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 the required duties or is unable to attend more than three meetings in a single 12-month period, he or she
the member is subject to removal from the board by a majority vote of the full board.
(f) Any vacancies vacancy 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.
SEC. 2.
Section 9003 of the Penal Code is amended to read:9003.
(a)(1)(A)
(A) (i) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all sex offender management applicants, as defined by subdivision (a), for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of
state arrests or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her their own recognizance pending trial or appeal.
(B)
(ii) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile
and disseminate a response to the board.
(C)
(iii) The Department of Justice shall provide a state and federal response to the board pursuant to paragraph (1) of subdivision (l) of Section 11105.
(D)
(iv) The board shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2,
for persons described in subdivision (a). this subdivision.
(2)
(B) The board shall require any a person who applies for certification under this section to submit information relevant to the applicant’s fitness to provide sex offender management services. Any
A person who knowingly provides false information under this paragraph shall be subject to a civil penalty in an amount up to one thousand five hundred dollars ($1,500), in addition to any other remedies available to the board. An action for a civil penalty under this provision subparagraph may be brought by any public prosecutor in the name of the people of the State of California.
(3)
(C) The board shall assess a fee to the applicant not to
exceed one hundred eighty dollars ($180) per application. The board shall pay a fee to the Department of Justice sufficient to cover the cost of processing the criminal background request specified in this section.
(2) On or before July 1, 2022, the board shall develop and update standards for the certification of professionals who treat juveniles who offend sexually. Professionals who provide treatment for juveniles who offend sexually shall be certified by the board according to those standards and shall meet all of the other requirements of this subdivision, including background checks and payment of fees. The standards shall be posted on the board’s internet website. Professionals may apply for certification after August 1, 2022.
(b) On or before July 1, 2011, the (1) The board shall develop and update standards for certification of sex offender management programs, which shall include treatment, as specified, and dynamic and future violence risk assessments pursuant to Section 290.09. The standards shall be published on the board’s Internet Web site. All those programs
internet website. Programs shall include polygraph examinations by a certified polygraph examiner, which shall be conducted as needed during the period that the offender is in the sex offender management program. Only certified sex offender management professionals whose programs meet the standards set by the board are eligible to provide sex offender management programs pursuant to Section 290.09.
(2) On or before July 1, 2022, the board shall develop and update standards for certification of management programs for juveniles who offend sexually. The standards shall be published on the board’s internet website. Programs for juveniles who have offended sexually shall be provided only by professionals certified by the board.
(c) Certified sex offender management professionals, who provide sex offender management programs and risk assessments pursuant to Section 290.09,
and professionals who provide treatment to, or supervision of, juveniles who have offended sexually shall not be held civilly liable for any criminal acts committed by the persons on parole, probation, or judicial commitment status who receive supervision or treatment. This waiver of liability shall apply applies to certified sex offender management professionals, administrators of the programs provided by those professionals, and to agencies or persons under contract to those professionals who that provide
screening, clinical evaluation, risk assessment, supervision, or treatment to sex offender parolees, probationers, or persons on conditional release pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. The waiver of liability also applies to certified professionals and programs who provide treatment to, or supervision of, juveniles who have offended sexually.
(d) On or before July 1, 2011, The board shall develop and update standards for certification of polygraph examiners. The standards shall be published on the board’s Internet Web site.
internet website.
