California 2009-2010 Regular Session Status: To Executive

SB 1201 — Sex offenders: assessments.

Last action — Chaptered by Secretary of State. Chapter 710, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 710, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 3:30 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4966.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0. Page 4955.)

  6. From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 4934.) Re-referred to Com. on PUB. S.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  8. In Senate. To unfinished business.

  9. Read third time. Passed. (Ayes 78. Noes 0. Page 6668.) To Senate.

  10. Assembly Rule 69(d) suspended. (Page 6463.)

  11. Read third time. Amended. (Page 6426.) To third reading.

  12. Placed on third reading.

  13. Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.

  14. In Assembly. Held at Desk.

  15. Returned to Assembly for further action.

  16. In Senate. To unfinished business.

  17. Read third time. Passed. (Ayes 75. Noes 0. Page 6305.) To Senate.

  18. Assembly Rule 69 (d) suspended. (Page 6303.)

  19. Read third time. Amended. (Page 6242.) To third reading.

  20. From Consent Calendar to third reading.

  21. Read second time. To Consent Calendar.

  22. (Heard in committee on June 30).

  23. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  24. (Heard in committee on June 22.)

  25. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) Re-referred to Com. on APPR.

  26. (June 16 amended measure version corrected June 21.)

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  28. Set, first hearing. Hearing canceled at the request of author.

  29. To Com. on PUB. S.

  30. In Assembly. Read first time. Held at Desk.

  31. Read third time. Passed. (Ayes 30. Noes 0. Page 3482.) To Assembly.

  32. To Special Consent Calendar.

  33. Read second time. To third reading.

  34. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  35. Set for hearing May 3.

  36. Read second time. Amended. Re-referred to Com. on APPR.

  37. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3165.)

  38. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  39. Set for hearing April 13.

  40. To Com. on PUB. S.

  41. From print. May be acted upon on or after March 21.

  42. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • DeSaulnier · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • DeSaulnier

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1201 DeSaulnier

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 1001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Florez — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Huff — Yea
Dutton — Yea
Leno — Yea
McLeod — Yea
Oropeza — Not Voting
Ashburn — Yea
Blakeslee — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Romero — Yea
Wiggins — Not Voting
Cedillo — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1201 DeSaulnier Senate Third Reading By FLETCHER

Passed 90 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 84000
Democratic 3000
Republican 3000
Total 90000
% of votes cast 100%0%0%0%
How each member voted (90)
Member Party Vote
Evans — Yea
Feuer — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Huber — Yea
Huffman — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Yea
Ma — Yea
Mendoza — Yea
Ruskin — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Yamada — Yea
Fuller — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

SB 1201 DeSaulnier Senate Third Reading By FLETCHER

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 81004
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Bill — Yea
Tom — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Garrick — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Gilmore — Yea
Charles — Not Voting
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Norby — Not Voting
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hernandez — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Cook — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
De — Yea
Leon — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Bradford — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #23 SB1201 DeSaulnier

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 0001
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Corbett — Not Voting
Ducheny — Yea
Dutton — Not Voting
Hancock — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Ashburn — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wiggins — Not Voting
Aanestad — Yea
Alquist — Yea
Harman — Not Voting
Huff — Yea
Liu — Not Voting
Oropeza — Not Voting
Pavley — Yea
Steinberg — Yea
Wright — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 1201 do?
(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.
Who sponsors SB 1201?
SB 1201 is sponsored by DeSaulnier.
What is the current status of SB 1201?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1201?
Track SB 1201 free on One Click Politics — get push/email alerts when it moves.

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