SECTIONS 9000-9003 - California Statutes

PENAL CODE

SECTION 9000-9003

9000. As used in this chapter, the following definitions apply:
(a) "Board" means the Sex Offender Management Board created in
this chapter.
(b) "Sex Offender" means any person who is required to register as
a sex offender under Section 290 of the Penal Code.
(c) "Treatment" means a set of specialized interventions delivered
by qualified mental health professionals and designed to address the
multiple psychological and physiological factors found to be
associated with sexual offending.
(d) "Management" means a comprehensive and collaborative team
approach to regulating, controlling, monitoring, and otherwise
influencing the current and, insofar as is possible, the future
behavior of sex offenders who are living in the community and are
directly under the authority of the criminal justice system or of
another governmental agency performing similar functions. The
overriding purpose of management of sex offenders is to enhance
community safety by preventing future sexual victimization.
Management includes supervision and specialized treatment as well as
a variety of other interventions.
(e) "Supervision" means a specialized approach to the process of
overseeing, insofar as authority to do so is granted to the
supervising agency, all significant aspects of the lives of sex
offenders who are being managed, as described in subdivision (d).
This approach includes traditional methods as well as techniques and
tools specifically designed to respond to the risks to community
safety raised by sex offenders. Supervision is one component of
management.

9001. (a) The Sex Offender Management Board which is hereby created
under the jurisdiction of the Department of Corrections and
Rehabilitation, shall consist of 17 members. The membership of the
board shall reflect, to the extent possible, representation of
northern, central, and southern California as well as both urban and
rural areas. Each appointee to the board, regardless of the
appointing authority, shall have the following characteristics:
(1) Substantial prior knowledge of issues related to sex
offenders, at least insofar as related to his or her own agency's
practices.
(2) Decisionmaking authority for, or direct access to those who
have decisionmaking authority for, the agency or constituency he or
she represents.
(3) A willingness to serve on the board and a commitment to
contribute to the board's work.
(b) The membership of the board shall consist of the following
persons:
(1) State government agencies:
(A) The Attorney General or his or her designee who shall be an
authority in policy areas pertaining to sex offenders and shall have
expertise in dealing with sex offender registration, notification,
and enforcement.
(B) The Secretary of the Department of Corrections and
Rehabilitation or his or her designee who has expertise in parole
policies and practices.
(C) The Director of Adult Parole Services or his or her designee.
(D) One California state judge, appointed by the Judicial Council.
(E) The Director of Mental Health or his or her designee who is a
licensed mental health professional with recognized expertise in the
treatment of sex offenders.
(2) Local government agencies:
(A) Three members who represent law enforcement, appointed by the
Governor. One member shall possess investigative expertise and one
member shall have law enforcement duties that include registration
and notification responsibilities, and one shall be a chief probation
officer.
(B) One member who represents prosecuting attorneys, appointed by
the Senate Committee on Rules. He or she shall have expertise in
dealing with adult sex offenders.
(C) One member who represents probation officers, appointed by the
Speaker of the Assembly.
(D) One member who represents criminal defense attorneys,
appointed by the Speaker of the Assembly.
(E) One member who is a county administrator, appointed by the
Governor.
(F) One member who is a city manager or his or her designee,
appointed by the Speaker of the Assembly.
(3) Nongovernmental agencies:
(A) Two members who are licensed mental health professionals with
recognized experience in working with sex offenders and who can
represent, through their established involvement in a formal
statewide professional organization, those who provide evaluation and
treatment for adult sex offenders, appointed by the Senate Committee
on Rules.
(B) Two members who are recognized experts in the field of sexual
assault and represent sexual assault victims, both adults and
children, and rape crisis centers, appointed by the Governor.
(c) The board shall appoint a chair from among the members
appointed pursuant to subdivision (b). The chair shall serve in that
capacity at the pleasure of the board.
(d) Each member of the board who is appointed pursuant to this
section shall serve without compensation.
(e) If a board member is unable to adequately perform his or her
duties or is unable to attend more than three meetings in a single
12-month period, he or she is subject to removal from the board by a
majority vote of the full board.
(f) Any vacancies on the board as a result of the removal of a
member shall be filled by the appointing authority of the removed
member within 30 days of the vacancy.
(g) The board may create, at its discretion, subcommittees or task
forces to address specific issues. These may include board members
as well as invited experts and other participants.
(h) The board shall hire a coordinator who has relevant experience
in policy research. The board may hire other staff as funding
permits.
(i) In the course of performing its duties, the board shall, when
possible, make use of the available resources of research agencies
such as the Legislative Analyst's Office, the California Research
Bureau, the California State University system, including schools of
public policy and criminology, and other similar sources of
assistance.
(j) Staff support services for the board shall be provided by
staff of the Department of Corrections and Rehabilitation as directed
by the secretary.

9002. (a) The board shall address any issues, concerns, and
problems related to the community management of adult sex offenders.
The main objective of the board, which shall be used to guide the
board in prioritizing resources and use of time, is to achieve safer
communities by reducing victimization. To that end, the board shall
do both of the following:
(1) Conduct a thorough assessment of current management practices
for adult sex offenders, primarily those under direct criminal
justice or other supervision, residing in California communities. A
report on the findings of this assessment shall be submitted to the
Legislature and the Governor by January 1, 2008. Areas to be reviewed
in this assessment shall include, but not be limited to, the
following:
(A) The numbers and distribution of offenders.
(B) Supervision practices.
(C) Treatment availability and quality.
(D) Issues related to housing.
(E) Recidivism patterns.
(F) Response to the safety concerns of past and potential future
victims.
(G) Cost and cost-effectiveness of various approaches.
(H) Any significant shortcomings in management practices.
(2) Develop recommendations, based upon the findings in the
assessment, to improve management practices of adult sex offenders
under supervision in the community, with the goal of improving
community safety. The plan shall address all significant aspects of
community management including supervision, treatment, housing,
transition to the community, interagency coordination and the
practices of other entities that directly or indirectly affect the
community management of sex offenders. The board shall provide
information to the Legislature and Governor as to its progress by
January 1, 2009. The completed plan shall be submitted to the
Legislature and the Governor by January 1, 2010.
(b) The board shall conduct public hearings, as it deems
necessary, to provide opportunities for gathering information and
receiving input regarding the work of the board from concerned
stakeholders and the public.

9003. (a) On or before July 1, 2011, the board shall develop and
update standards for certification of sex offender management
professionals. All those professionals who provide sex offender
management programs and risk assessments, pursuant to Section 290.09,
shall be certified by the board according to these standards. The
standards shall be published on the board's Internet Web site.
Professionals may apply to the board for certification on or after
August 1, 2011.
(1) (A) The board shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice of all sex offender management applicants, as defined by
subdivision (a), for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions and
state or federal arrests and also information as to the existence
and content of a record of state arrests or federal arrests for which
the Department of Justice establishes that the person is free on
bail or on his or her own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the board.
(C) The Department of Justice shall provide a state and federal
response to the board pursuant to paragraph (1) of subdivision (l) of
Section 11105.
(D) The board shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(2) The board shall require any person who applies for
certification under this section to submit information relevant to
the applicant's fitness to provide sex offender management services.
(3) The board shall assess a fee to the applicant not to exceed
one hundred eighty dollars ($180) per application. The board shall
pay a fee to the Department of Justice sufficient to cover the cost
of processing the criminal background request specified in this
section.
(b) On or before July 1, 2011, the board shall develop and update
standards for certification of sex offender management programs,
which shall include treatment, as specified, and dynamic and future
violence risk assessments pursuant to Section 290.09. The standards
shall be published on the board's Internet Web site. All those
programs shall include polygraph examinations by a certified
polygraph examiner, which shall be conducted as needed during the
period that the offender is in the sex offender management program.
Only certified sex offender management professionals whose programs
meet the standards set by the board are eligible to provide sex
offender management programs pursuant to Section 290.09.
(c) On or before July 1, 2011, the board shall develop and update
standards for certification of polygraph examiners. The standards
shall be published on the board's Internet Web site.