BILL ANALYSIS
AB 1509
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1509 (Spitzer)
As Amended July 11, 2007
2/3 vote
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|ASSEMBLY: |73-0 |(May 17, 2007) |SENATE: |39-0 |(August 30, |
| | | | | |2007) |
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Original Committee Reference: PUB. S.
SUMMARY : Includes continuous sexual abuse of a child in the
list of specified violent felonies which prohibit a parolee from
being returned to a location within 35 miles of the actual
residence of a victim or witness, if the victim or witness has
requested additional distance in the placement.
The Senate amendments :
1)Remove authorization from the California Department of
Corrections and Rehabilitation (CDCR) to place an
out-of-county parolee in a county where another parolee may
not return due to the proximity of the victim.
2)Delete restrictions on the placement of conditionally released
sexually violent predators (SVPs).
EXISTING LAW :
1)Requires that, subject to specified exceptions, an inmate who
is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his/her
incarceration.
2)Provides a person who is conditionally released pursuant to
this article shall be placed in the county of the domicile of
the person prior to the person's incarceration, unless the
court finds that extraordinary circumstances require placement
outside the county of domicile.
Defines "extraordinary circumstances" as circumstances that
would inordinately limit the CDCPs ability to effect
conditional release of the person in the county of domicile;
and,
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Requires the county of domicile to designate a county agency
or program that will provide assistance and consultation in
the process of locating and securing housing within the county
for persons committed as sexually violent predators who are
about to be conditionally released. Upon notification by CDCR
of a person's potential or expected conditional release, the
county of domicile shall notify the department of the name of
the designated agency or program, at least 60 days before the
date of the potential or expected release.
3)Requires, when recommending a specific placement for community
outpatient treatment, Department of Mental Health (DMH) or its
designee shall consider all of the following:
a) The concerns and proximity of the victim or the victim's
next of kin; and,
b) The age and profile of the victim or victims in the
sexually violent offenses committed by the person subject
to placement. For purposes of this subdivision, the
"profile" of a victim includes, but is not limited to,
gender, physical appearance, economic background,
profession, and other social or personal characteristics.
4)Requires a person released on conditional release as a sexual
violent predator (SVP) shall not be placed within one-quarter
mile of any public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, if specified
crimes involving children are present.
AS PASSED BY THE ASSEMBLY , this bill:
1)Authorized CDCR, in cases where a parolee may not return to
the county of last legal residence due to the proximity of the
victim, to place another out-of-county parolee in that county
where proper notice is given.
2)Specified that SVPs shall not be released to a location within
35 miles of a victim or witness' residence when the victim or
witness has made the request and the DMH finds there is need
to protect the victim or witness.
3)Amended existing law by adding continuous victims of sexual
abuse to the list of offenders subject to 35-mile placement
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restrictions from the residence of a victim or witness.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "The High Risk Sex Offender
Task Force was created by the Governor with Executive Order
S-08-06 on May 15, 2006. The purpose of the Task Force (which I
co-chaired, along with former Assembly Member Bermudez) was to
review statutory requirements and departmental policies on
notification, placement, monitoring and enforcement of parole
policies and to make recommendations to improve each. The Task
Force submitted ten recommendations on August 15, 2006.
"Shortly thereafter, the Governor issued a second Executive
Order (S-15-06) to expand upon the work already done with the
High Risk Sex Offender Task Force by adding new review criteria
for evaluation. The Task Force then reviewed the practices of
SVPs. The second report, containing 26 recommendations, was
submitted to the Governor on December 1, 2006.
"While CDCR and the Department of Health and Human Services
Agency have been working to implement the recommendations of the
Task Force, many of the recommendations require legislation.
"This bill incorporates two of the recommendations from the
second report. The Task Force recommended that legislation be
introduced to require that the victims identified in the CDCR
adjudication process and/or the district attorney in a SVP trial
have the right and opportunity to challenge the placement of the
SVPs. This is similar to the process that is done by CDCR in
the placement of parolees pursuant to Penal Code 3003(f). This
bill amends Penal Code 3003 so that SVP victims have the right
to insist that parolees not be placed with 35 miles of the
actual residence of the victim.
"In addition, the Task Force noted that Penal Code 3003 provides
which victims have the right to insist that parolees not be
placed within 35 miles of the actual residence of the victim.
That provision applies to any victim of a violent felony
specified in Paragraphs (1) to (7) of Penal Code Section
667.5(c) and to any victim of a felony in which the defendant
inflicted great bodily injury upon a person. The crime of
continuous sexual abuse of a child, contained in Penal Code
Section 288.5 is not referenced in these provisions. A victim
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of lewd and lascivious acts on a child has the right to insist
that the offender not be place with 35 miles of the victim's
home, but a victim of continuous sexual abuse of a child does
not. The Task Force believed this to be a Legislative oversight
corrected by this bill."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002260