California 2011-2012 Regular Session Status: Enacted

AB 813 — Sex offenders: punishment: parole.

Last action — Chaptered by Secretary of State - Chapter 357, Statutes of 2011.

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

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law creates the Sex Offender Management Board, within the jurisdiction of the Department of Corrections and Rehabilitation, empowered to address any issues, concerns, and problems related to the community management of adult sex offenders, including the main objective of the board to achieve safer communities by reducing victimization. The board is required, on or before July 1, 2011, to develop and update standards for certification of sex offender management professionals. This bill would give board members immunity from liability for their good faith conduct. The bill would provide that any person who knowingly provides false information in connection with an application for certification as a sex offender management professional would be subject to a civil penalty of up to $1,500, in addition to any other remedy available to the board, and would allow any public prosecutor to bring an action for a civil penalty in the name of the people of the State of California. The bill would also immunize certified sex offender management professionals and other specified professionals, as provided, from civil liability for any criminal acts committed by persons on parole, probation, or judicial commitment status who receive supervision or treatment. (2) Existing law requires every person who is required to register as a sex offender to be subject to assessment with the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and specifies that the SARATSO for adult males shall be the STATIC-99 risk assessment scale. Existing law establishes the SARATSO Review Committee, and requires the committee, on or before January 1, 2008, to determine whether the STATIC-99 should be supplemented with an actuarial instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced with a different tool. Existing law requires the committee, on or before January 1, 2012, to select an actuarial instrument that measures dynamic risk factors and an actuarial instrument that measures the risk of future sexual violence. This bill would instead require the committee to determine whether the STATIC-99 should be supplemented with an empirically derived instrument, and would require the committee to select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. (3) The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would exempt the board from the Bagley-Keene Open Meeting Act for purposes of discussing matters pertaining to the application of a sex offender treatment provider for certification, including review of an applicant's qualifications for certification. The bill would make related legislative findings and declarations. (4) This bill would make clarifying and conforming changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 357, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2542.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 12 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1865.).

  7. Read second time. Ordered to consent calendar.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  9. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 4. Noes 0.) (June 28). Re-referred to Com. on APPR.

  10. Read second time and amended. Re-referred to Com. on JUD.

  11. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 21).

  12. Referred to Coms. on PUB. S. and JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1566.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 18).

  17. Re-referred to Com. on APPR.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (May 3).

  22. From committee: Do pass and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on JUD.

  23. Re-referred to Coms. on PUB. S. and JUD. pursuant to Assembly Rule 96.

  24. Referred to Coms. on G.O. and PUB. S.

  25. From printer. May be heard in committee March 20.

  26. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Fletcher

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 813 FLETCHER Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Yamada — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Halderman — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Hueso — Yea
Atkins — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Campos — Yea
Portantino — Yea
Miller — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Allen — Yea
Eng — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Feuer — Yea
Bonilla — Not Voting
Furutani — Yea
Gatto — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Jeffries — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Swanson — Yea
Wagner — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Fuller — Yea
Hancock — Yea
Hernandez — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Huff — Yea
Kehoe — Yea
Blakeslee — Yea
Lieu — Yea
Liu — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Rubio — Yea
Corbett — Yea
Dutton — Yea
Leno — Yea
Vargas — Yea
Wolk — Not Voting
Alquist — Yea
Anderson — Yea
Harman — Not Voting
Pavley — Not Voting
Price — Yea
Simitian — Yea
Cannella — Yea
Wyland — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 813 FLETCHER Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 1001
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Carter — Yea
Garrick — Yea
Gatto — Yea
Hagman — Yea
Fong — Yea
Conway — Yea
Allen — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
Cook — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Alejo — Yea
Ammiano — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Campos — Not Voting
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Gorell — Not Voting
Halderman — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Chesbro — Yea
Knight — Yea
Beall — Yea
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nestande — Yea
Solorio — Yea
Smyth — Yea
Valadao — Yea
Williams — Yea
Cedillo — Not Voting
Davis — Not Voting
Dickinson — Yea
Furutani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Gatto — Yea
Mitchell — Yea
Davis — Yea
Donnelly — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Smyth — Yea
Wagner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass as amended and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Gorell — Not Voting
Atkins — Yea
Huber — Yea
Wagner — Yea
Huffman — Yea
Monning — Yea
Wieckowski — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 813 do?
(1) Existing law creates the Sex Offender Management Board, within the jurisdiction of the Department of Corrections and Rehabilitation, empowered to address any issues, concerns, and problems related to the community management of adult sex offenders, including the main objective of the board to achieve safer communities by reducing victimization. The board is required, on or before July 1, 2011, to develop and update standards for certification of sex offender management professionals. This bill would give board members immunity from liability for their good faith conduct. The bill would provide that any person who knowingly provides false information in connection with an application for certification as a sex offender management professional would be subject to a civil penalty of up to $1,500, in addition to any other remedy available to the board, and would allow any public prosecutor to bring an action for a civil penalty in the name of the people of the State of California. The bill would also immunize certified sex offender management professionals and other specified professionals, as provided, from civil liability for any criminal acts committed by persons on parole, probation, or judicial commitment status who receive supervision or treatment. (2) Existing law requires every person who is required to register as a sex offender to be subject to assessment with the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and specifies that the SARATSO for adult males shall be the STATIC-99 risk assessment scale. Existing law establishes the SARATSO Review Committee, and requires the committee, on or before January 1, 2008, to determine whether the STATIC-99 should be supplemented with an actuarial instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced with a different tool. Existing law requires the committee, on or before January 1, 2012, to select an actuarial instrument that measures dynamic risk factors and an actuarial instrument that measures the risk of future sexual violence. This bill would instead require the committee to determine whether the STATIC-99 should be supplemented with an empirically derived instrument, and would require the committee to select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. (3) The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would exempt the board from the Bagley-Keene Open Meeting Act for purposes of discussing matters pertaining to the application of a sex offender treatment provider for certification, including review of an applicant's qualifications for certification. The bill would make related legislative findings and declarations. (4) This bill would make clarifying and conforming changes.
Who sponsors AB 813?
AB 813 is sponsored by Fletcher and Beth Gaines.
What is the current status of AB 813?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 813?
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