California 2009-2010 Regular Session Status: To Executive

SB 325 — Sex offenders: assessments.

Last action — Chaptered by Secretary of State. Chapter 582, Statutes of 2009.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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 Text

Action History

  1. Chaptered by Secretary of State. Chapter 582, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Ordered held in Engrossing and Enrolling.

  5. Returned by the Governor at the request of the Senate.

  6. Enrolled. To Governor at 1 p.m.

  7. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 1841.) To enrollment.

  8. To Special Consent Calendar.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 77. Noes 0. Page 2483.) To Senate.

  11. Read second time. To third reading.

  12. (Heard in committee on July 1.)

  13. From committee: Do pass. (Ayes 15. Noes 0.)

  14. (Heard in committee on June 16.)

  15. 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.

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

  17. To Com. on PUB. S.

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

  19. Read third time. Passed. (Ayes 36. Noes 0. Page 929.) To Assembly.

  20. To Special Consent Calendar.

  21. Read second time. To third reading.

  22. From committee: Do pass. (Ayes 8. Noes 0. Page 848.)

  23. Set for hearing May 11.

  24. Hearing postponed by committee.

  25. Set for hearing May 4.

  26. 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.

  27. Set for hearing April 21.

  28. To Com. on PUB. S.

  29. From print. May be acted upon on or after March 28.

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

Sponsors

  • Alquist · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Alquist

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

Passed 36 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33005
Democratic 2000
Republican 1000
Total 36005
% of votes cast 88%0%0%12%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Not Voting
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Aanestad — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Not Voting
Simitian — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Charles — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Duvall — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Fletcher — Not Voting
Huffman — Yea
Jeffries — Yea
Bass — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Not Voting
Adams — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Yea
Knight — Yea
Krekorian — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Nielsen — Yea
Silva — Yea
Swanson — Yea
Tran — Yea
Emmerson — Yea
DeVore — Yea
Fuentes — Yea
Galgiani — 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 →

Do pass.

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Republican 1000
Democratic 0001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Hall — Yea
Fuentes — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Duvall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Charles — Not Voting
Harkey — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Wyland — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Harman — Yea
Ashburn — Yea
Dutton — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Romero — Not Voting
Wolk — Yea
Cedillo — Not Voting
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 8005
Total 8005
% of votes cast 62%0%0%38%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Runner — Not Voting
Kehoe — Yea
Corbett — Yea
Oropeza — Not Voting
Walters — Yea
Wolk — Yea
Leno — Yea
Wyland — Not Voting
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does SB 325 do?
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.
Who sponsors SB 325?
SB 325 is sponsored by Alquist.
What is the current status of SB 325?
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 325?
Track SB 325 free on One Click Politics — get push/email alerts when it moves.

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