LEGISLATIVE COUNSEL'S DIGEST


SB 1062, as amended, Strickland. Public safety omnibus bill.
(1) Existing law provides the circumstances in which a local or
state government agency may procure the financial records of an
individual in the course of a criminal or civil investigation and
specifies certain instances where the dissemination of financial
records may be required by an order by a judge. Under existing law, a
court may order the production of relevant records in the possession
of a real estate recordholder upon the ex parte application by a
peace officer stating the records are relevant to an ongoing felony
fraud investigation.
This bill would state that the provisions of existing law
regarding the procurement of financial records by the government do
not prohibit the production of real estate documents upon the ex
parte application of a peace officer during the course of the felony
fraud investigation.
(2) Existing law, the Trial Court Facilities Act of 2002, provides
for the transfer of the responsibility of a county to provide
necessary and suitable court facilities by authorizing the transfer
of the responsibility from a county to the Judicial Council. The act,
in order to facilitate the transfer of facilities, establishes the
Transitional State Court Facilities Construction Fund in the State
Treasury to finance the bonded indebtedness associated with certain
court facilities transferred to the Judicial Council pursuant to the
act.
This bill would repeal the provision establishing the Transitional
State Court Facilities Construction Fund and would delete provisions
of existing law providing for a reduction in court construction
penalties for the amounts collected for transmission to that fund.
(3) Under existing law, persons convicted of specified drug
offenses are subject to a separate consecutive 3-year term of
imprisonment for each prior conviction of an offense in a list of
similar drug offenses.
This bill would expand these lists of drug offenses.
(4) 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 requires
probation departments to do a SARATSO assessment on every eligible
person for whom it prepares a probation report.
This bill would require probation departments to perform an
assessment on eligible persons whether or not it prepares a probation
report on that person, and would require that the assessment be done
prior to the person's sentencing. By requiring additional SARATSO
assessments by probation departments, this bill would impose a
state-mandated local program.
(5) Existing law requires persons placed on probation to be under
the supervision of a county probation officer. Existing law requires
the probation department to compile a Facts of Offense Sheet, which
includes the probationer's criminal history and the results of his or
her SARATSO assessment, for every person who has been referred to
the department who has been convicted of an offense that requires
registration under the Sex Offender Registration Act. Existing law
requires that the Facts of Offense Sheet be included in the probation
officer's report and requires the probation officer to send a copy
of the Facts of Offense Sheet to the Department of Justice Sex
Offender Tracking Program. Existing law requires that the Facts of
Offense Sheet be made part of the registered sex offender's file
maintained by the Department of Justice Sex Offender Tracking
Program.
This bill would delete the requirement that the probation officer
send a copy of the Facts of Offense Sheet to the Department of
Justice Sex Offender Tracking Program and instead require the
probation officer to send the Facts of Offense Sheet to the
Department of Justice High Risk Sex Offender Program.
(6) Existing law requires the Facts of Offense Sheet to be
included in the probation officer's report and permits the defendant
to move the court to correct the Facts of Offense Sheet. Existing law
requires that a probation officer's report include the results of
the SARATSO assessment.
This bill would delete the requirement that the probation officer'
s report include the Facts of Offense Sheet and would delete the
provision authorizing the defendant to move the court to correct the
Facts of Offense Sheet. This bill would allow the defendant to move
the court to correct the score of his or her SARATSO assessment in
the probation officer's report.
(7)
(6) Under existing law, the pimping of, or the
pandering of, a minor is a felony. Existing law imposes a higher
triad of sentences if the minor is under 16 years of age than if the
minor is over 16 years of age but does not specify the possible
sentences if the minor is exactly 16 years of age.
This bill would clarify that if the minor victim is exactly 16
years of age or older, the lower triad of sentences applies.

(8)
(7) Existing law makes it a crime to possess a firearm
if the person knows he or she is prohibited from doing so by the
provisions of specified protective orders.
This bill would apply these provisions to a protective order
sought by an officer of a postsecondary educational institution where
a student has suffered a credible threat of violence.
(9)
(8) Two existing provisions of law both enact the
California Community Corrections Performance Incentives Act. One of
these provisions includes a victim representative on a local advisory
panel created by the act.
This bill would repeal the version of the act that does not
include the victim representative in its provisions.
(10)
(9) Existing law authorizes each county to establish a
Community Corrections Performance Incentives Fund (CCPIF) and
authorizes the state to annually allocate money into the State
Corrections Performance Incentives Fund to be used for purposes
relating to improving local probation supervision practices and
capacities. Existing law requires the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts, to
calculate the amount of money to be appropriated from the state fund
into the CCPIF. Under existing law, the calculation is based on costs
avoided by the Department of Corrections and Rehabilitation because
of a reduction in the percentage of adult probationers sent to prison
for probation failure. Under existing law, this calculation includes
a statewide probation failure rate, calculated as the total number
of adult felony probationers statewide sent to prison in the previous
year as a percentage of the statewide adult felony population as of
June 30 of the year that the calculation is being performed, and the
probation failure rate for each county, calculated as the number of
adult probationers sent to prison from each county in the previous
year as a percentage of the county's adult felony probation
population as of June 30 of the year that the calculation is being
performed.
This bill would require that the statewide and county probation
failure rates be calculated as the number of adult felony
probationers sent to prison statewide, and by each county, in the
previous year as a percentage of the statewide or county's average
adult felony probation population for that year.
(11)
(10) Under existing law, the service of a subpoena by
mail or messenger is effected if and when the recipient acknowledges
receipt of the subpoena. Under existing law, acknowledgment may be
made by telephone, mail, or in person.
This bill would include e-mail or an online form provided by the
sender of the subpoena as an acceptable means of acknowledging the
receipt of a subpoena for purposes of affecting service, and would
require the sender of the subpoena to retain any acknowledgment
received by these methods until the court date for which the subpoena
was issued, or a later date if specified by the court.
(12)
(11) Existing law, subject to the availability of
funds, establishes the Sexual Habitual Offender Program in the
Department of Justice and requires that it evaluate the number of
arrests and convictions of sex offenses and the length of sentences
for repeat offenders. Existing law defines a "sexual habitual
offender" for purposes of the act as a person who has been convicted
of 2 or more violent offenses against a person involving force or
violence which include at least one sex offense, or as a person who
has committed a crime which requires registration under the Sex
Offender Registration Act and who has additional felony or
misdemeanor arrests on his or her criminal record, as specified.
This bill would recast the Sexual Habitual Offender Program as the
High Risk Sex Offender Program. This bill would delete the
requirement that the program evaluate the number of arrests and
convictions of sex offenses and the length of sentences for repeat
offenders and would instead require the program to receive Facts of
Offenses Sheets and use the scores of sex offenders reported on the
sheets for identifying, assessing, monitoring, and containing sex
offenders at high risk of reoffending. This bill would delete the
definition of a "sexual habitual offender" for purposes of the
program and replace it with "high risk sex offender" and would define
a high risk sex offender as any person who is required to register
under the Sex Offender Registration Act and who has been assessed
with a score equivalent to "high risk" on the SARATSO, or who has
been identified as being at a high risk of reoffending by the
Department of Justice based on the person's SARATSO score when
considered in combination with unspecified empirically based risk
factors.
(13)
(12) Existing law requires the Department of Justice to
establish and maintain a comprehensive file of existing information
maintained by law enforcement agencies, the Department of Corrections
and Rehabilitation, the Department of Motor Vehicles, and the
Department of Justice. Existing law allows the Department of Justice
to request existing information from these agencies regarding sexual
habitual offenders and requires these agencies, when requested, to
provide copies of the information.
This bill would expand the requirement that the Department of
Justice maintain files of existing information maintained by the
above agencies to include the State Department of Mental Health and
probation departments. This bill would require the State Department
of Mental Health and probation departments, in addition to the
agencies already subject to the requirement, to provide existing
information to the Department of Justice upon request regarding high
risk sex offenders. By requiring probation departments to submit
existing information upon the request of the Department of Justice,
this bill would impose a state-mandated local program.
(14)
(13) Under existing law, the Department of Justice is
required to provide a summary profile of a sexual habitual offender
to each law enforcement agency when an individual registers in, or
moves to, the area in which the law enforcement agency is located.
This bill would delete this requirement and instead require the
Department of Justice to provide a bulletin to law enforcement
agencies on each high risk sex offender via the California Sex
Offender Registry and the California Law Enforcement Web (CLEW).

(15)
(14) This bill would make various technical
corrections.
(16)
(15) The bill would provide that any section of any
act, other than SB 1330, enacted by the Legislature during the 2010
calendar year that takes effect on or before January 1, 2011, and
that affects a provision of this act would prevail over this act.

(17)
(16) By imposing additional duties of local probation
departments, this bill would impose a state-mandated local program.

(18)
(17) 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.

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