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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Councilman Neil Derry
Subject:
Resolution in support of Jessica's Law.
Dept: Council Office
Date: April 24, 2006
MICC Meeting Date:
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
:J1d rtJ-y
Signature
Contact person: r.nll"dlm,," N..il n..rry
Phone: 517R
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(A",-,t n"""'iptinn)
Finance:
Council Notes: /?O.A!.A-- c;?--OO (p - / ;;J-lf
Agenda Item No.
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5/1 JO~
CITY OF SAN BERNARDINO . REQUEST FOR COUNCIL ACTION
STAFF REPORT
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO IN SUPPORT OF THE SEXUAL PREDATOR PUNISHMENT
AND CONTROL ACT OF 2006, KNOWN AS JESSICA'S LAW
Jessica's Law will be on the November, 2006 General Election Ballot.
Jessica's Law increases penalties for violent and habitual sex offenders
and child molesters; prohibits registered sex offenders from residing
within 2,000 feet of any school or park and requires lifetime Global
Positioning System monitoring of felony registered sex offenders.
Recommendation: That the City of San Bernardino adopt a resolution in
support of Jessica's Law.
Jessica's Law: Campaign for Child Safety
Page 1 of33 .
o,~~ JESSICA'S LAW
CAMPAIGN FOR
CHilD. SAfETY
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Sample Resolution
Download a sample resQlutiQn and urge your County and/or City to endorse Jessicas Law.
Section 1. SHORT TITLE
This Act shall be known and may be cited as "The Sexual Predator Punishment and Control Act:
Jessica's Law"
Sec. 2. FINDINGS AND DECLARATIONS
The People find and declare each of the following:
(a) The State of California currently places a high priority on maintaining public safety through a
highly skilled and trained law enforcement as well as laws that deter and punish criminal behavior.
(b) Sex offenders have very high recidivism rates. According to a 1998 report by the U.S.
Department of Justice, sex offenders are the least likely to be cured and the most likely to Sigr
reoffend, and they prey on the most innocent members of our society. More than two-thirds of the
victims of rape and sexual assault are under the age of 18. Sex offenders have a dramatically
higher recidivism rate for their crimes than any other type of violent felon.
(c) Child pornography exploits children and robs them of their innocence. FBI studies have in)
shown that pornography is very influential in the actions of sex offenders. Statistics show that
90% of the predators who molest children have had some type of involvement with pornography.
Predators often use child pornography to aid in their molestation.
(d) The universal use of the Internet has also ushered in an era of increased risk to our children
by predators using this technology as a tool to lure children away from their homes and into
dangerous situations. Therefore, to reflect society's disapproval of this type of activity, adequate
penalties must be enacted to ensure predators cannot escape prosecution.
(e) With these changes, Californians will be in a better position to keep themselves, their
children, and their communities safe from the threat posed by sex offenders.
(f) It is the intent of the People in enacting this measure to help Californians better protect
themselves, their children, and their communities; it is not the intent of the People to embarrass or
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harass persons convicted of sex offenses.
(g) Californians have a right to know about the presence of sex offenders in their communities,
near their schools, and around their children.
(h) California must also take additional steps to monitor sex offenders, to protect the public from
them, and to provide adequate penalties for and safeguards against sex offenders, particularly
those who prey on children. Existing laws that punish aggravated sexual assault, habitual sexual
offenders, and child molesters must be strengthened and improved. In addition, existing laws that
provide for the commitment and control of sexually violent predators must be strengthened and
improved.
(i) Additional resources are necessary to adequately monitor and supervise sexual predators and
offenders. It is vital that the lasting effects of the assault do not further victimize victims of sexual
assault.
U) Global Positioning System technology is an useful tool for monitoring sexual predators and
other sex offenders and is a cost effective measure for parole supervision. It is critical to have
close supervision of this class of criminals to monitor these offenders and prevent them from
committing other crimes.
(k) California is the only state, of the number of states that have enacted laws allowing
involuntary civil commitments for persons identified as sexually violent predators, which does not
provide for indeterminate commitments. California automatically allows for a jury trial every two
years irrespective of whether there is any evidence to suggest or prove that the committed person
is no longer a sexually violent predator. As such, this act allows California to protect the civil
rights of those persons committed as a sexually violent predator while at the same time protect
society and the system from unnecessary or frivolous jury trial actions where there is no
competent evidence to suggest a change in the committed person.
Sec. 3.Section 209 of the Penal Code is amended to read:
209. (a) Any person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps
or carries away another person by any means whatsoever with intent to hold or detain, or who '
holds or detains, that person for ransom, reward or to commit extortion or to exact from another
person any money or valuable thing, or any person who aids or abets any such act, is guilty of a
felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for life
without possibility of parole in cases in which any person subjected to any such act suffers death
or bodily harm, or is intentionally confined in a manner which exposes that person to a substantial
likelihood of death, or shall be punished by imprisonment in the state prison for life with the
possibility of parole in cases where no such person suffers death or bodily harm.
(b)(1) Any person who kidnaps or carries away any individual to commit robbery, rape, spousal
rape, oral copulation, sodomy, or se)(l:lalj!3eF!etratisF! iF! any violation of Section 264.1, 288, or 289,
shall be punished by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental
to the commission of, and increases the risk of harm to the victim over and above that necessarily
present in, the intended underlying offense.
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(c) In all cases in which probation is granted, the court shall, except in unusual cases where the
interests of justice would best be served by a lesser penalty, require as a condition of the
probation that the person be confined in the county jail for 12 months. If the court grants
probation without requiring the defendant to be confined in the county jail for 12 months, it shall
specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect Section 667.61. A person may
be charged with a violation of subdivision (b) and Section 667.61. However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act that constitutes a violation of
both subdivision (b) and Section 667.61.
SEC. 4. Section 220 of the Penal Code is amended to read:
220. ['ier:y (a) Except as provided in subdivision (b), any person who assaults another with intent
to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289
is 131:1Risl'lsBle shall be punished by imprisonment in the state prison for two, four, or six years.
(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision
(a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for
life with lhe possibility of parole.
SEC. 5. Section 269 of the Penal Code is amended to read:
269. (a) Any person who commits any of the following acts upon a child who is under 14 years of
age and ~ seven or more years younger than the person is guilty of aggravated sexual assault of
a child:
(1) A Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2) A Rape or sexual penetration, in concert, in violation of Section 264.1.
(3) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), o(Section
286, "...I'IeFl eel'l'1l'l'1i~ea BY feree, vieleFlee, al:lfeSS, l'l'1eFlaee, er fear ef il'l'1l'l'1eaiate sFla l:IF1lalJ.4l:1l
Beaily iFljl:lPf eFl tl'le ,'ietil'l'1 er aFletl'ler l3erseFl.
(4) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of
Section 288a, wl'leFl eel'l'1l'l'1ittea BY fefee, ..ieleFlee, al:lress, l'l'1eFlaee, er fear sf il'l'1fl'leaiate BFla
l:IF1ls',wl:Il BsaHr iFljl:ll'Y SFI tl'le vietifl'l er BFletl'ler l3efssFI.
(5) A Sexual penetration, in violation of subdivision (a) of Section 289.
(b) Any person who violates this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 15 years to life.
(c) The court shall impose a consecutive sentence for each offense that results in a conviction
under this section if the crimes involve separate victims or involve the same victim on separate
occasions as defined in subdivision (d) of Section 667.6.
SEC. 6. Section 288.3 is added to the Penal Code, to read:
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288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or
communicate with a minor, who knows or reasonably should know that the person is a minor, with
intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 288, 288a,
288.2, 289, 311.1, 311.2, 311.4 or 311.11 involving the minor shall be punished by imprisonment
in the state prison for the term prescribed for an attempt to commit the intended offense.
(b) As used in this section, "contacts or communicates with" shall include direct and indirect
contact or communication that may be achieved personally or by use of an agent or agency, any
print medium, any postal service, a common caffier or communication common carrier, any
electronic communications system, or any telecommunications, wire, computer, or radio
communications device or system.
(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a
violation of subdivision (a) shall be punished by an additional and consecutive term of
imprisonment in the state prison for five years.
Sec. 7. Section 290.3 of the Penal Code is amended to read:
290.3. (a) Every person who is convicted of any offense specified in subdivision (a) of Section
290 shall, in addition to any imprisonment or fine, or both, imposed for violation commission of the
underlying offense, be punished by a fine of twe three hundred dollars ~l&2QQ~ ($300) upon the
first conviction or a fine of fAfee five hundred dollars (l&aQQ~ ($500) upon the second and each
subsequent conviction, unless the court determines that the defendant does not have the ability to
pay the fine.
An amount equal to all fines collected pursuant to this subdivision during the preceding month
upon conviction of, or upon the forfeiture of bail by, any person arrested for, or convicted of,
committing an offense specified in subdivision (a) of Section 290, shall be transferred once a
month by the county treasurer to the Controller for deposit in the General Fund. Moneys
deposited in the General Fund pursuant to this subdivision shall be transferred by the Controller
as provided in subdivision (b).
(b) ~ Except as provided in subdivision (d), out of the moneys deposited pursuant to subdivision
(a) as a result of second and subsequent convictions of Section 290, one-third shall first be
transferred to the Department of Justice Sexual Habitual Offender Fund, as provided in paragraph
(1) of this subdivision. Out of the remainder of all moneys deposited pursuant to subdivision (a),
50 percent shall be transferred to the Department of Justice Sexual Habitual Offender Fund, as
provided in paragraph (1), 25 percent shall be transferred to the Department of Justice DNA
Testing Fund, as provided in paragraph (2), and 25 percent shall be allocated equally to counties
that maintain a local DNA testing laboratory, as provided in paragraph (3).
(1) Those moneys so designated shall be transferred to the Department of Justice Sexual
Habitual Offender Fund created pursuant to paragraph (5) of subdivision (b) of Section 11170
and, when appropriated by the Legislature, shall be used for the purposes of Chapter 9.5
(commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of
Part 4 for the purpose of monitoring, apprehending, and prosecuting sexual habitual offenders.
(2) Those moneys so designated shall be directed to the Department of Justice and transferred to
the Department of Justice DNA Testing Fund, which is hereby created, for the exclusive purpose
of testing deoxyribonucleic acid (DNA) samples for law enforcement purposes. The moneys in
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that fund shall be available for expenditure upon
appropriation by the Legislature.
(3) Those moneys so designated shall be allocated equally and distributed quarterly to counties
that maintain a local DNA testing laboratory. Before making any allocations under this paragraph,
the Controller shall deduct the estimated costs that will be incurred to set up and administer the
payment of these funds to the counties. Any funds allocated to a county pursuant to this
paragraph shall be used by that county for the exclusive purpose of testing DNA samples for law
enforcement purposes.
(c) Notwithstanding any other provision of this section, the Department of Corrections or the
Department of the Youth Authority may collect a fine imposed pursuant to this section from a
person convicted of a violation of any offense listed in subdivision (a) of Section 290, that results
in incarceration in a facility under the jurisdiction of the Department of Corrections or the
Department of the Youth Authority. All moneys collected by the Department of Corrections or the
Department of the Youth Authority under this subdivision shall be transferred, once a month, to the
Controller for deposit in the General Fund, as provided in subdivision (a), for transfer by the
Controller, as provided in subdivision (b).
(d) An amount equal to one hundred dollars for every fine imposed pursuant to subdivision (a) in
excess of one hundred dollars shall be transferred to the Department of Corrections and
Rehabilitation to defray the cost of the global positioning system used to monitor sex offender
parolees.
Sec. 8. Section 311.11 of the Penal Code is amended to read:
311.11. (a) Every person who knowingly possesses or controls any matter, representation of
information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative,
slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer
floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other
computer-generated image that contains or incorporates in any manner, any film or filmstrip, the
production of which involves the use of a person under the age of 18 years, knowing that the
matter depicts a person under the age of 18 years personally engaging in or simulating sexual
conduct, as defined in subdivision (d) of Section 311.4, is guilty of a ,:l~8Iie e#eRse felony and shall
be punished by imprisonment in the state prison, or a county jail for up to one year, or by a fine not
exceeding two thousand five hundred dollars ($2,500), or by both the fine and imprisonment.
(b) #-e Every person who commits a violation of subdivision (a), and who has been previously
convicted of a violation of this section, er ef a \'ielatieR ef s~8e1ivisieR (8) ef 8eetieR 211.2, er
5~8e1ivi5ieR (8) ~f 8eetieR 211.4, Ae er SAS an offense described in subparagraph (A) of paragraph
(2) of subdivision (a) of Section 290, or an attempt to commit any of the above-mentioned
offenses, is guilty of a felony and shall be punished by imprisonment in the state prison for two,
four, or six years.
(c) It is not necessary to prove that the matter is obscene in order to establish a violation of this
section.
(d) This section does not apply to drawings, figurines, statues, or any film rated by the Motion
Picture Association of America, nor does it apply to live or recorded telephone messages when
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transmitted, disseminated, or distributed as part of a commercial transaction.
SEC. 9. Section 667.5 of the Penal Code is amended to read:
667.5. (a) Where one of the new offenses is one of the violent felonies specified in subdivision
(c), in addition to and consecutive to any other prison terms therefor, the court shall impose a
three-year term for each prior separate prison term served by the defendant where the prior
offense was one of the violent felonies specified in subdivision (c). However, no additional term
shall be imposed under this subdivision for any prison term served prior to a period of 10 years in
which the defendant remained free of both prison custody and the commission of an offense
which results in a felony conviction.
(b) Except where subdivision (a) applies, where the new offense is any felony for which a prison
sentence is imposed, in addition and consecutive to any other prison terms therefor, the court
shall impose a one-year term for each prior separate prison term served for any felony; provided
that no additional term shall be imposed under this subdivision for any prison term served prior to
a period of five years in which the defendant remained free of both prison custody and the
commission of an offense which results in a felony conviction.
(c) For the purpose of this section, "violent felony" shall mean any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or
(4) of subdivision (a) of Section 262.
(4) Sodomy BY feree, ';ieleAse, al:lress, fFIeAaae, er fear ef ifFIfFIeaiate aAa l:IAlawfl:ll Beaily iAjl:lPy eA
tRe ,,'ietifFI er aAetRer ~erseA as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation BY ferae, vieleAse, al:lress, fFIeAaSe, er fear ef ifFIfFIeaiate aAa l:IAlavlfl:ll Beaily
iAjl:lPy eA tRe vietifFI er aAetRsr ~erseA as defined in subdivision (c) or (d) of Section 288a.
(6) Lewd aets eA a aRila l:IAaer tRe a~e ef 1.4 years or lascivious act as defined in subdivision (a)
or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on any person other than an
accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or
12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and
461, or any felony in which the defendant uses a firearm which use has been charged and proved
as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) TRE! e#eAse Sexual penetration as defined in subdivision (a) or UJ of Section 289 'NRere tRe
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aet is aeeeR'lJ:llisl=tes agaiAst tl=te \'ietiR'l'e '/Jill BY fefee, \'ieleAee, Sl:lreS8, R'leAaee, er fear ef
iR'lR'lesiate aAs 1:1 A la'.vfl:l I Besily ifljl:l"Y eA tl=te vietiR'l sr aAstl=ter J:lerssA.
(12) Attempted murder.
(13) A violation of Section 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit R'layl=teR'l, rSJ:le, SSSSR'I)', sr sfal eSJ:ll:llstisA a specified
felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) A Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section
186.22 of the Penal Code:
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony
violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is
charged and proved that another person, other than an accomplice, was present in the residence
during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
The Legislature finds and declares that these specified crimes merit special consideration when
imposing a sentence to display society's condemnation for these extraordinary crimes of violence
against the person.
(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for
an offense until the official discharge from custody or until release on parole, whichever first
occurs, including any time during which the defendant remains subject to reimprisonment for
escape from custody or is reimprisoned on revocation of parole. The additional penalties provided
for prior prison terms shall not be imposed unless they are charged and admitted or found true in
the action for the new offense.
(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for
which the defendant did not serve a prior separate term in state prison.
(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense
which, if committed in California, is punishable by imprisonment in the state prison if the defendant
served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a
particular felony shall include a conviction in another jurisdiction for an offense which includes all
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of the elements of the particular felony as defined under California law if the defendant served one
year or more in prison for the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section shall mean a continuous
completed period of prison incarceration imposed for the particular offense alone or in
combination with concurrent or consecutive sentences for other crimes, including any
reimprisonment on revocation of parole which is not accompanied by a new commitment to
prison, and including any reimprisonment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any state prison or federal penal
institution as punishment for commission of an offense, including confinement in a hospital or
other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State Department of Mental Health as a
mentally disordered sex offender following a conviction of a felony, which commitment exceeds
one year in duration, shall be deemed a prior prison term.
U) For the purposes of this section, when a person subject to the custody, control, and discipline
of the Director of Corrections is incarcerated at a facility operated by the Department of the Youth
Authority, that incarceration shall be deemed to be a term served in state prison.
(k) Notwithstanding subdivisions (d) and (g) or any other provision of law, where one of the new
offenses is committed while the defendant is temporarily removed from prison pursuant to Section
2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253,
or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be
subject to the full enhancements provided for in this section.
This subdivision shall not apply when a full, separate, and consecutive term is imposed pursuant
to any other provision of law.
Sec. 10. Section 667.51 of the Penal Code is amended to read:
667.51. (a) Any person who is fel:lFlel ~l:lilty convicted of violating Section 288 or 288.5 shall
receive a five-year enhancement for a prior conviction of an offense Hste& specified in subdivision
(b), I3revieleel tRet FIe eelelitieFlel terl'l'l BReI! Be il'l'll3eseet uFleter tRiB SI:IBetivisieFl fer aFlY I3riseFl terl'l'l
BeF\'eell3rier te a l3erieel ef 1 Q yeaFB iFl '.\'RieR tRe elefeFleleFlt Fel'l'leiFleel free ef BetR I3riseFl el:lsteely
aFlel tRe eel'l'll'l'lissieFl ef aFl efifeFlse tRat FeseJlts iFl e feleFlY eeFlvietieFl.
(b) Section 261, 262, 264.1, 269, 285, 286, 288, 288a, 288.5, or 289, or any offense committed in
another jurisdiction that includes all of the elements of any of the offenses set feFl:R specified in
this subdivision.
(c) &eetieFl 261, 261.1, 286, 288, 288s, 288.6, er 289, er sFlY e#eFlse eel'l'll'l'liiteel iFl sFletRer
jl:lriselietieFl tRst iFleleJeles slI ef tRe elel'l'leFlts ef SFlY ef tR6 efifeFls6s S6t feRR iFl tRis sl:lBeli....isieFl.
f67 A violation of Section 288 or 288. 5 by a person who has been previously convicted two or
more times of an offense Hste& specified in subdivision (e) is I3l:lFlisRSBle as S feleFlY (b) shall be
punished by imprisonment in the state prison for 15 years to life. I ie'.\'ever, if tRe tile er l'l'Iere I3rier
eeFl,..ietieFls 'lIere fer \'ielstieFls ef &eetieFl 288, tRis sl:lBeli....isieFl is Sl3l3lieSBle eFlly if tRe el:lFFeFlt
vielstieFl er at lesst eFlt') af tRe ~riar eSFI...ietiaFls is fer SA ef:feFlss atRsr tRaFl S vielstisFI af
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Sl:IBelivisiefl (a) ef esetiefl 288. Fer 1'31:1fl'3esss ef tRis sl:lBeli';isiefl, a I'3fier eeflvietiefl is re€ll:lil'eel ts
Ra';e Beefl fer eRaf~es Brsl:l~Rt aflel trieel sel'3arately. TRe j!lfevisiefls ef ARiele 2.6 (eefflfflefleifl~
'"itR eeetiefl 2939) sf CRaj!lter 7 ef Title 1 ef PaR 2 sRall aj!lj!lly te Fsell:lee aflY ffliflifflt:lffl terffl ifl a
state j!lrisefl ifflj!leseell'3l:lfSl:laflt t8 tRis seeti8f1, Bl:lt tRat j!leFSefl sRall fl8t etRef'.vise Be Feleaseel 8f1
j!lar8le j!lrier te tRat tiffle.
SEC. 11. Section 667.6 of the Penal Code is amended to read:
667.6. (a) Any person who is fSl:lflel ~l:lilty ef l'i8latifl~ j!laFa~raj!lR (2), (2), (8L 8r (7) sf sl:lBelivisiefl
(a) ef eeetiefl 261, I'3!UB~I'8j!lR (1), (-4), er (6) ef st:lBeli\'isiefl (a~ ef eeetiefl 282, eeetiefl 281.1,
sl:lselivisiefl (B) ef eeetisfl 288, eeetiefl 288,6 er sl:lBeli';isiefl (a) ef eeetiefl 289, ef eefflfflittifl~
SSelSfflY ifl vielatiefl ef sl:lselivisiefl (I() ef eeetiefl 288, ef eefflfflittifl~ erBI e8j!lt:llati8f1 ifl ',ielatiefl ef
Sl:lBelivisiefl (I() ef eeetiefl 288a, er ef eefflfflittifl~ seeleffl)' er eFal eej!ll:lIBtiefl ifl vielatiefl ef eeetiefl
288 er 288a BY feree, \"isleflee, elt:lFeSS, ffleflBee, er fear ef ifflffleeliate aflel t:Iflla'Mt:l1 Beelily ifljt:lFy efl
tRO vietiffl sr afletRer j!lefsefl convicted of an offense specified in subdivision (e) and who has been
convicted previously of any of those offenses shall receive a five-year enhancement for each of
those prior convictions j!lFe'/ieleel tRat fie eflRafleeffleflt sRall Be ifflj!leseell:lfleler tRis st:lBelivisi8f1 fer
8f1Y eefl',ietiefl eeel:lfFifl~ j!lFier te a j!lerieel ef 19 yeafs ifl ','''RieR tRe j!leFS8f1 refflBifleel free ef B8tR
I'3riS8f1 el:lsteely aflel tRe eSfflfflissiefl ef afl ef'feflse wRieR resl:llts ifl 8 feleflY eeflvietiefl. IfI aelelitiefl
ts tRe 1ive year SflRafleeffleflt ifflj!leseell:lfleler tRis st:lBeli';isiefl, tRe eel:lR 81se fflay iffll'3eSe a1ifle
flet te erneeseI tv:sflty tRet:lSaflel elellars (~28,999) fer aflyefle sefltefleeell:lflelsr tRSSS j!lF8Visi8f1S,
TRs 1ifls ifflj!leseel BfleI esllseteell'3l:lFSl:lBflt te tRis sl:lBeli\"isisfl sRall BS elej!lesitseI ifl tRe Vietiffl
VVitflsss .\Ssist8flee rl:lflel te Be availaBle fer Bj!lj!lrej!lfiatiefl te fl:lflel eRilel sS)(l:IBI SM:j!l18itati8f18f1e1
eRilel se)(l:lal aBl:lSe vietiffl eSl:lflsslifl~ eeRtsrs aflelj!lrevefltiefl j!lFe~raffls sstaBlisRsell'3l:lFSl:l8f1t te
8eetiefl 12827.
(b) Any person who is convicted of an offense specified in subdivision tat (e) and who has served
two or more prior prison terms as defined in Section 667.5 for any eHeflse sj!lsei~eel ifl sl:lBelivisiefl
fer. of those offenses shall receive a 1 O-year enhancement for each of those prior terms j!lrevieleel
tRat fie aelelitieflal sflRaflesfflsflt sR811 BS ifflj!leseell:lfleler tRis st:lBelivisiefl fer aflY j!lriS8f1 terffl
6CFvselj!lFier ts a l'3eFiseI ef 1 e years ifl ';;RieR tRe j!lsrsefl refflaifleel free sf BstR I'3rissfl el:lsteely aflel
tRS eefflfflissiefl ef afl eHsflse ';'RieR FSSl:llts ifl 8 feleflY eefl\'ietiefl. IfI aelelitiefl te tRe 19 year
oflRafleeffleflt iffll'3essell:lflelsr tRis st:lBeli';isiefl, tRe e8l:lR alss fflay ifflj!leSe a 1ifls fist te sM:eeeel
t\.VSflt)' tRel:lSaflel elellars (~29,e99) fer 8f1Y j!lSFS8f1 sSfltefleeell:lfleler tRis sl:lBeli...isiefl. TRe 1ifle
iffll3eSCe BRe eelleetee l'3t1rSl:ISRt te tRis sl:Isei\ isieR sRslI Be eel3esitee iR tRe Vietiffl 'Nitfless
Assistaflee rl:lfle! te Be a\'ailaBls fer aj!lj!lFej!lriatiefl te fl:lflel eRile! se)(l:lal e)(j!lleitatiefl afla eRila seM:l:lal
aSl:lse vietiffl eSl:lflselifl~ eefltsrs aflell'3revefltiefl j!lFe~raffls sstaBlisRee!l'3t:1rSl:laflt te eeetisfI 12837.
(c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be
imposed for each violation of esetiefl 229, etRer tRBfI afl 8SS8t:11t '.VitR iflteflt ts eSfflfflit fflaYReffl,
j!lre\'ie!ee! tRat tRe j!lsrsefl Ras B,SSfl eeflvieteaj!lFevisl:lsly sf '/islatifl~ eeetiefl 229 fer afl ef'feflss
stRer tRafl afl assat:llt \VitR ifltsflt ts eefflfflit fflaYReffl, j!lara~Faj!lR (2), (2), (8), sr (7) sf sl:lBeli';isisfl
(a) sf eeetisfI 281, l'3ar8~raj!lR (1), (1), sr (6) sf sl:lBeli';isisfI (a) sf eeetiefl 262, eeetisfI 284.1,
sl:lBelivisiefl (B) ef esetiefl 288, 8eetiefl 288.6 8r st:lBelivisi8fl (a~ ef eestisfI 289, sf e8fflfflittifl~
seeleffl)' ifl \'ielatiefl ef st:lBelivisi8f1 (I() 8f eeetiefl 288, sf eefflfflittifl~ sral eSI'3l:llatiefl ifl vielatiefl ef
sl:lBelivisiefl (I() sf esetiefl 288a, er ef e8fflfflittifl~ seelsffl)' sr eral eSj!ll:llatiefl ifl vislatiefl ef 8setiefl
288 sr 288a By feFee, vislefles, ell:lrsss, ffleflaee, 8r fear ef ifflffleeliato aflell:lflI8'Ufl:l1 Beelily ifljl:lf't efl
tRe vietiffl er afletRer j!leFsefl ":RetRsr er flet tRe eriffles weFe e8fflfflitteel ell:lFifl~ 8 sifl~le
tFaflsaetiefl. an offense specified in subdivision (e) if the crimes involve the same victim on the
same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is
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Jessica's Law: Campaign for Child Safety
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convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively
pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment,
and shall commence from the time the person otherwise would have been released from
imprisonment. The term shall not be included in any determination pursuant to Section 1170.1.
Any other term imposed subsequentto that term shall not be merged therein but shall commence
at the time the person otherwise would have been released from prison.
(d) A full, separate, and consecutive term shall be seFVeel imposed for each violation of ~eetiefl
228, etRsr tRafl afl assatJlt '1;itR ifltsflt te eefl'lfl'lit fl'IaYRsfl'I, ~re-Jielsel tRat tRs ~srsefl Ras Beefl
eefl\'ietsel ~rsvietJsly ef \"ielatifl!;l ~setiefl 229 Jar afl e1feflse etRer tRafl afl assatJlt witR iflteflt te
eefl'lfl'lit fl'IaYRsfl'l, ~ara!;lra~R (2), (2), (8), er (7) ef stJBeli-,isiefl (a) ef ~eetiefl 261, ~ara!;lra~R (1),
(4), er (6) ef stJBelivisiefl (a) ef ~eetiefl 262, ~eetiefl 264.1, stJBelivisiefl (B) ef ~eetiefl 288,
stJBelivisiefl (a) ef ~eetiefl 289, ef eefl'lfl'liMifl!;l seelefl'l)' ifl vielatiefl ef stJBelivisiefl (I() ef ~eetiefl 288,
ef eefl'lfl'liMifl!;l eral ee~tJlatiefl ifl \"ielatiefl ef stJBelivisiefl (I() ef ~eetiefl 288a, er ef eefl'lfl'liMifl!;l
seelefl'lY er eral ee~l;:<Jlatiefl ifl vielatiefl ef 8eetiefl 288 er 288a BY Jeres, vielsflee, ell;:<Jrsss, fl'IeflaeS,
er Jear ef ifl'lfl'leeliate aflell;:<Jflla'l.sftJl Beelily iFljl;:<JPf efl tRe vietifl'l er afletRer ~eFsefl an offense
specified in subdivision (e) if the crimes involve separate victims or involve the same victim on
separate occasions.
In determining whether crimes against a single victim were committed on separate occasions
under this subdivision, the court shall consider whether, between the commission of one sex
crime and another, the defendant had a reasonable opportunity to reflect upon his or her actions
and nevertheless resumed sexually assaultive behavior. Neither the duration of time between
crimes, nor whether or not the defendant lost or abandoned his or her opportunity to attack, shall
be, in and of itself, determinative on the issue of whether the crimes in question occurred on
separate occasions.
The term shall be served consecutively to any other term of imprisonment and shall commence
from the time the person otherwise would have been released from imprisonment. The term shall
not be included in any determination pursuant to Section 1170.1. Any other term imposed
subsequent to that term shall not be merged therein but shall commence at the time the person
otherwise would have been released from prison.
(e) This section shall apply to the following offenses:
(1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261.
(2) Spousal rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of Section 262.
(3) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of
Section 286.
(5) Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(6) Continuous sexual abuse of a child, in violation of Section 288.5.
(7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k),
of Section 288a.
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(8) Sexual penetration, in violation of subdivision (a) or (g) of Section 289.
(9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified
sexual offense, in violation of Section 220.
(10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction
that includes all of the elements of an offense specified in this subdivision.
(f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also
impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those
provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the
Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation
and child sexual abuse victim counseling centers and prevention programs established pursuant
to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision ~a) er (Ia),
the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount
paid, may be paid into the general fund of the county treasury for the use and benefit of the
county.
SEC. 12. Section 667.61 of the Penal Code is amended to read:
667.61. (a) A Any person who is convicted of an offense specified in subdivision (c) under one or
more of the circumstances specified in subdivision (d) or under two or more of the circumstances
specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to
life aFla sRall FIst Iae eli~iBle fer release sFll3arsle fer 26 years el(sel3t as I3re,..iaea iFl sl:JBelivisisFI ~).
(b) Except as provided in subdivision (a), e any person who is convicted of an offense specified in
subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by
imprisonment in the state prison for 15 years to life aFla sRall FIst Be eli~iBle fer release SFI l3arsle
fer 16 years e)(eel3t as I3rs'Jiaea iFl sl:JBaivisisFI ~).
(c) This section shall apply to any of the following offenses:
(1) A Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261,
(2) A Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
(3) A Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) A Lewd or lascivious act, in violation of subdivision (b) of Section 288.
(5) A Sexual penetration, in violation of subdivision (a) of Section 289.
(6) 8sasFl'lY sr sral eSI3l:JlatisFI Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or
subdivision (d), of Section 286 sr 288a BY feree, visleFlee, al:Jress, Fl'leFlaee, ar fear af iFl'lFl'leeliate
ElFla l:JFlla,..,f.l:J1 Beelily iFljl:JPf SFI tRe vietiFl'l sr aFlstRer l3efssFI.
(7) A Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of
Section 288a.
(8) Lewd or lascivious act. in violation of subdivision (a) of Section 288, l:JFlless tRe aefeFlaElFlt
httl"'l' " /"I'H ,,, 1. I lJ3C'C'l""";u:, 1 <::I;U,")(\(\h. roAm /1 gnrT119.crp.!
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Jessica's Law: Campaign for Child Safety
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Elt:lalifies fer ~reBatieFl t:lFleler stlBelivisieFl (e) ef &eetieFl 1293.966.
(9) Continuous sexual abuse of a child, in violation of Section 288.5.
(d) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) The defendant has been previously convicted of an offense specified in subdivision (c),
including an offense committed in another jurisdiction that includes all of the elements of an
offense specified in subdivision (c).
(2) The defendant kidnapped the victim of the present offense and the movement of the victim
substantially increased the risk of harm to the victim over and above that level of risk necessarily
inherent in the underlying offense in subdivision (c).
(3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the
commission of the present offense in violation of Section 205 or 206.
(4) The defendant committed the present offense during the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in
subdivision (c).
(5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of
Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any
person committed any act described in paragraph (2), (3), or (4) of this subdivision.
(e) The following circumstances shall apply to the offenses specified in subdivision (c):
(1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of
the present offense in violation of Section 207,209, or 209.5.
(2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present
offense during the commission of a burglary, as ele1iFleel iFl st:lBeli....isisFl (a) ef 8eetieFl 469, er
elt:lriFl~ tRe eSFl'lFl'lissieFl ef a Bt:lf~lal"f sf a BtlileliFl~, iFlelt:leliFl~ aFlY eeFl'lFl'lereial estaBlisRFl'leFlt, '/JRieR
.....as tReFl elsseel ts tRe f3t:lBlie, in violation of Section 459.
(3) The defendant personally inflicted great bodily injury on the victim or another person in the
commission of the present offense in violation of Section 12022.53,12022.7, or 12022.8,
(4) The defendant personally used a dangerous or deadly weapon or a firearm in the commission
of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.
(5) The defendant has been convicted in the present case or cases of committing an offense
specified in su~division (c) against more than one victim.
(6) The defendant engaged in the tying or binding of the victim or another person in the
commission of the present offense.
(7) The defendant administered a controlled substance to the victim By feree, 'JisleFlee, er fear in
the commission of the present offense in violation of Section 12022.75.
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(8) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of
Section 286, or subdivision (d) of Section 288a, and, in the commission of that offense, any
person committed any act described in paragraph (1), (2), (3), (4), (6), or (7) of this subdivision.
(f) If only the minimum number of circumstances specified in subdivision (d) or (e) w~ie~ that are
required for the punishment provided in subdivision (a) or (b) to apply have been pled and proved,
that circumstance or those circumstances shall be used as the basis for imposing the term
provided in subdivision (a) or (b), whichever is greater, rather than being used to impose the
punishment authorized under any other provision oflaw, unless another provision of law provides
for a greater penalty or the punishment under another provision of law can be imposed in addition
to the punishment provided by this section. However, if any additional circumstance or
circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number
of circumstances shall be used as the basis for imposing the term provided in subdivision (a), and
any other additional circumstance or circumstances shall be used to impose any punishment or
enhancement authorized under any other provision of law.
(g) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any
allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for
any person who is subject to punishment under this section.
(~) T~e terffl 6Jgeeifieel iFl st:lBelivisisFl (a) sr (B) s~all Be il'flJ9sseel eFl t~e elefeFlelaFlt eFlee fer aFl)'
s#eFlse sr e#eFlses eel'fll'flitteel a~aiFlst a siFl~!e vietil'fl elt:lriFl~ a siFl~le eeeasieFl. If t~ere are
I'flt:llti,:l!e 'Jietil'fls elt:lriFl~ a siFl~le eeeasieFl, t~e terl'fl sJgeeifieel iFl St:lBeli,..isieFl (a) er (B) s~all Be
il'fl,:le6eel eFl t~e elefeFlelaFlt eFlee fer eae~ seJ9arate vietil'fl. Terl'fls fer etl=ler e#eFlses eel'fll'flitteel
elt:lriFl~ a siFl~le eeeasisFl sl=lall Be il'flJgeseel as at:lt~eri:feel t:lFleler aFlY etl=ler I a'''' , iFle!tleliFl~ 8eetieFl
13137.13, if aJ9J9lieaBle.
(i) For ~ any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), the court
shall impose a consecutive sentence for each offense that results in a conviction under this
section if the crimes involve separate victims or involve the same victim on separate occasions as
defined in subdivision (d) of Section 667.6.
(j) The penalties provided in this section fa. shall apply,;, only if the existence of any faet reEltlireel
ttf'teet: circumstance specified in subdivision (d) or (e) sl=lall Be is alleged in the accusatory
pleading pursuant to this section, and is either admitted by the defendant in open court or found to
be true by the trier of fact.
to .'\Ftiele 2.6 (eel'fll'fleFleiFl~ witl=l 8eetieFl 2929) sf Cl=laJ9ter 7 ef Title 1 ef raft 2 s~all a,:l,:lly te
reeltlee t~e l'fliFlil'flt:l1'fl terl'fl sf 26 year6 iFl t~e state J9rissFl il'flJgeses ,:ltlrStlaFlt te st:lBsivisieFl (a) er 16
years iFl tl=le state J9riseFl il'flJgeseel J9t:lFSt:laFlt te st:lBeli',isieFl (B). He~'..ever, iFl Fle ease sl=lall tl=le
l'fliFlil'flt:l1'fl terffi ef 26 er 16 years Be reeltleeel BY ffisre tl=laFl 16 JgereeFlt fer ereelits ~raFltes ,:ltlrSt:laFlt
te 8eetisFl 2922, -4919, er aFlY et~er la'", ,:lFevisiFl~ fer eeFlStlet eresit rest:letieFl. IFl Fle ease sl=lall
aFli ,:lerseFl ...,l=Ie is ,:ltlFlisl=leel tlFlSer t~is seetieF! Be releaseel eFl ,:lare!e J9rier ts seF\'iFl~ at least 86
,:lereeF!t ef t~e ffiiF!iffit:lffi terffi ef 26 er 16 years iF! t~e state J9riseFl.
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Sec. 13. Section 667.71 of the Penal Code is amended to read:
667.71. (a) For the purpose of this section, a habitual sexual offender is a person who has been
previously convicted of one or more of the offenses ~ specified in subdivision (c) and who is
convicted in the present proceeding of one of those offenses.
(b) A habitual sexual offender is ~t:lRiSRaBle shall be punished by imprisonment in the state prison
for 25 years to life. ARiels 2.6 (eeffiffieReiR~ witR SeetieR 2929) ef CRa~tsr 7 ef Title 1 ef raFt 2
sRall a~~ly te rselt:les aRY ffiiRiffit:lffi terffi ef 2e yeaFs iR tRs state ~riseR iffi~eseel ~t:lrSt:laRt te tRis
seetieR. Ile'Aever, iR Re ease sRall tRe ffiiRiffit:lffi tsrffi ef 26 ysars Be Feelt:leeel BY ffiere tRaR 16
~ereeRt fer ereelits ~raRteel ~t:lF5t:laRt te SeetieR 2922, 4919, er aRY etRsr la'..; ~revieliR~ fer eeRelt:let
ereelit reelt:letieR. IR Re ease sRall aRY ~erseR ',\'Re is ~t:lRisReel t:lReler tRis seetieR BS releaseel eR
f3arels ~rier te seF\,'iR~ at least 8e ~eresRt ef tRs ffiiRiffit:lffi terffi ef 26 ysars iR tRs state ~riseR.
(c) This section shall apply to any of the following offenses:
(1) A Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(2) A Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
(3) A Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
(4) A Lewd or lascivious act, in violation of subdivision (a) or (b) of Section 288.
(5) A Sexual penetration, in violation of subdivision (a) or OJ of Section 289.
(6) A Continuous sexual abuse of a child, in violation of Section 288,5.
(7) A Sodomy, in violation of subdivision (c) or (d) of Section 286 BY feres, vieleRee, elt:lFeSS,
ffieRBSe, er fear ef iffiffiseliats aReI t:lRla';Jft:l1 Besily iRjt:lfy' eR tRS vietiffi er aRetRsr J9srseR.
(8) A vielatieR ef st:lBeli\'isieR (s) ef SsetieR 2815.
f91-A Oral copulation, in violation of subdivision (c) or (d) of Section 288a BY ferse, vielsRee,
st:lrsss, ffieRaes, er fsar ef iffiffieeliate aRS t:lRlavJft:lI Besily iRjt:lF'j eR tRs vietiffi er aRetRer J9sFseR.
(19) A (9) Kidnapping, in violation of subdivision (b) of Section 207.
(11) A (10) Kidnapping, in violation of former subdivision (d) of Section 208 (kidnapping to commit
specified sex offenses).
~ (11) Kidnapping, in violation of subdivision (b) of Section 209 with the intent to commit ~
sJget:lsal ra~e, eral ee~t:llatieR, er seeleffiY er sext:lal ~eRetratieR iR vielatieR ef SeetieR 289 a
specified sexual offense.
(13) A (12) Aggravated sexual assault of a child, in violation of Section 269,
t441 (13) An offense committed in another jurisdiction that flee includes all of the elements of an
offense specified in ~ara~ra~R~ (1) te (12), iRelt:lsive, ef this subdivision.
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(d) Notwithstanding Section 1385 or any other provision of law, the court shall not strike any
allegation, admission, or finding of any prior conviction specified in subdivision (c) for any person
who is subject to punishment under this section.
(e) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the
execution or imposition of sentence be suspended for, any person who is subject to punishment
under this section.
(f) This section shall apply only if the defendant's status as a habitual sexual offender is alleged
in the iRfeFl'1'\atieR accusatory pleading, and either admitted by the defendant in open court, or
found to be true by the jl:U'Y tFyiR~ tR8 iSSI:I8 ef ~l:Iilt er BY tR8 eel:lR '-"Rere ~l:Iilt is estaBlisRea BY a
~18a ef ~l:lilty er Rals eSRteRaere er BY trial BY eel:lR sittiR~ VJitRsl:lt a jl:lFy trier of fact.
SEC. 14. Section 1203.06 of the Penal Code is amended to read:
1203.06. ~JetwitRstaRaiR~ eeetisR 1293:
(a) rreBatisR Notwithstanding any other provision of law, probation shall not be granted to, nor
shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the
defendant within this section be stricken pursuant to Section 1385 for, any of the following
persons: .
(1) Any person who personally used a firearm during the commission or attempted commission of
any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) KieJRa~~iR~ iR vialatisR ef eeatiaR 299 Lewd or lascivious act, in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) [)(ee~t ae ~revielea iR eeetieR 129a.966, ra~e Rape, in violation of ~aFa~ra~R (2) ef
sl:lBaivisieR (a) ef Section 261,262, or 264.1.
(G) Assault with intent to commit ra~e er seelefl'lY a specified sexual offense, in violation of Section
220.
(H) Escape, in violation of Section 4530 or 4532.
(I) Carjacking, in violation of Section 215.
(J) ARY ~erseR eeRvieteel ef a~~ravatea Aggravated mayhem, in violation of Section 205.
(K) Torture, in violation of Section 206.
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(L) KiEll"lal!l!il"lg, il"l ..ielatiel"l ef Seetiel"l 299.6 Continuous sexual abuse of a child, in violation of
Section 288.5.
(M) A felony violation of Section 136.1 or 137.
(N) Sodomy, in violation of Section 286.
(0) Oral Copulation, in violation of Section 288a.
(P) Sexual penetration, in violation of Section 289 or 264.1.
(Q) Aggravated sexual assault of a child, in violation of Section 269.
(2) Any person previously convicted of a felony specified in al:lBl!aragF8l!Ra (/\) te (L), il"leh:lsi\'e, ef
paragraph (1), or assault with intent to commit murder under former Section 217, who is convicted
of a subsequent felony and who was personally armed with a firearm at any time during its
commission or attempted commission or was unlawfully armed with a firearm at the time of his or
her arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b)(1) The existence of any fact wAteft that would make a person ineligible for probation under
subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant in
open court, or found to be true by the jl:lFy tFyil"lg tRe iaal:le ef gl:lilt, BY tRe eel:ll"t 'uRere gl:lilt is
eataBliaReEl BY I!lea ef gl:lilty er l"Iele eel"ltel"lEleFe, er BY tFial BY tRe eel:ll"t aittil"lg ..vitRel:lt a jl:lFy trier of
fact.
(2) TRia sl:lBElivisiel"l Elees l"Iet I!reRiBit tRe aEljel:lrl"l~el"lt ef eri~il"lall!FeeeeElil"lga I!l:lral:lal"lt te Divisiel"l
6 (ee~~el"leil"lg .....itR Seetiel"l 6999~ ef tRe WelfeFe al"lElll"IstiMiel"ls CeEle.
f3t As used in subdivision (a), "used a firearm" means to display a firearm in a menacing manner,
to intentionally fire it, et'to intentionally strike or hit a human being with it, or to use it in any
manner that qualifies under Section 12022.5.
f4t (3) As used in subdivision (a), "armed with a firearm" means to knowingly carry or have
available for use a firearm as a means of offense or defense.
SEC. 15. Section 1203.065 of the Penal Code is amended to read:
1203.065. (a) Notwithstanding any other provision of law, probation shall not be granted to, nor
shall the execution or imposition of sentence be suspended for, any person who is convicted of
violating paragraph (2) or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266i, et' 266j,
or 269, paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286, paragraph (2) or
(3) of subdivision (c), or subdivision (d), of Section 288a, subdivision (a) of Section 289, ef
ee~~ittil"lg aeEle~y er eral eel!l:llatiel"l il"l 'iielatiel"l ef Seetiel"l 286 er 288a BY teree, vielel"lee,
e1l:lreaa, ~el"lsee, ar fesr ef i~~eEliste sI"lEll:ll"Ils\.vfl:l1 Beelily il"ljl:lFy al"l tRe \'ieti~ ar Sl"letRer I!ersel"l,
or af ....ialstil"lg subdivision (c) of Section 311.4.
(b)(1) Except in unusual cases where the interests of justice would best be served if the person is
granted probation, probation shall not be granted to any person who is convicted of a ..ielatiel"l af
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Jessica's Law: Campaign for Child Safety
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violating paragraph (7) of subdivision (a) of Section 261, subdivision (k) of Section 286,
subdivision (k) of Section 288a, subdivision (g) of Section 289, or Section 220 for assault with
intent to commit BRY ef tRe fellewiR!f rBl3e, seeleA'lY, eral eel3t1latieR, er aFlY vielBtieR ef SeetieFl
281.1, stll3eli,,'isieR (13~ ef SeetieFl 288, er SeetieR 289 a specified sexual offense.
(2) When probation is granted, the court shall specify on the record and shall enter on the
minutes the circumstances indicating that the interests of justice would best be served by the
disposition.
SEC. 16. Section 1203.075 of the Penal Code is amended to read:
1203.075. Ne....JitRstBReliR~ tRe I3fevisieRs ef SeetieR 1293:
(a) rfel3atieFl Notwithstanding any other provision of law, probation shall not be granted to, nor
shall the execution or imposition of sentence be suspended for, nor shall a finding bringing the
defendant within this section be stricken pursuant to Section 1385 for, any person who, ~':itR tRe
iFlteFlt te iFlfliet tRe iFljtlf)' , personally inflicts great bodily injury, as defined in Section 12022.7, on
the person of another in the commission or attempted commission of any of the following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207, 209, or 209.5.
(4) l<ielFlBl3l3iFl~, iFl vielBtieFl ef SeetieFl 299 Lewd or lascivious act, in violation of Section 288.
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape, in violation of I3BfB~rBI3R (2) er (€) ef stll3eli',isieFl (B) ef SeetieFl 281 er l3ara~fal3R (1) er
(4) efstll3elivisieFl (a) ef Section 261, 262, or 264.1.
(7) Assault with intent to commit ral3e sr seeleA'lY a specified sexual offense, in violation of Section
220.
(8) Escape, in violation of Section 4530 or 4532.
(9) A Sexual penetration, in violation of sl:ll3elivisisFl (B) ef Section 289 or 264. 1.
(10) Sodomy, in violation of Section 286.
(11) Oral copulation, in violation of Section 288a.
(12) Carjacking, in violation of Section 215.
(13) l<'ielFlBl3l3iFl~, iFl ':ielatieFl sf SeetisFl 299.6 Continuous sexual abuse of a child, in violation of
Section 288.5.
(14) Aggravated sexual assault of a child, in violation of Section 269.
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(b)f41 The existence of any fact ',vRieR that would make a person ineligible for probation under
subdivision (a) shall be alleged in the accusatory pleading, and either admitted by the defendant
in open court, or found to be true by the jl:Jf'j tFyil'l~ tRe issl:Je ef ~l:Jilt er BY tRe eel:JFt '..:Rere ~l:Jilt is
esta81isReel BY a 13lea ef ~l:Jilty er l'Iele eel'ltel'lelere er BY a trial BY tRe eel:JFt sittiFl~ v:itRel:Jt a jl:JfY
trier of fact.
(2) TRis s1:J8e1ivisiel'l elees l'Iet !3feRiBit tRe aeljel:JFl'lffleFlt ef erifflil'lal !3reeeeelil'l~s !3l:JFBl:JaFlt te Di'Jisiel'l
3 (eefflffleFleiFl~ witR f:eetieFl aBBB) er Divisiel'l S (eefflffleFleiFl~ ';;itR Seetiel'l Seee) ef tRe Welfare
al'lelll'lstitl:Jtiel'ls Ceele.
(3) As l:Jseel il'l s1:J8e1ivisiel'l (a), "~feat Beelily iFljl:JFy" ffleal'lS "~reat Beelily il'ljl:J"Y" as ele~Fleel iFl
ScatieFl 12922, '7 ,
Sec.17. Section 3000 of the Penal Code is amended to read:
3000. (a)(1) The Legislature finds and declares that the period immediately following
incarceration is critical to successful reintegration of the offender into society and to positive
citizenship. It is in the interest of public safety for the state to provide for the supervision of and
surveillance of parolees, including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to assist parolees in the
transition between imprisonment and discharge. A sentence pursuant to Section 1168 or 1170
shall include a period of parole, unless waived, as provided in this section.
(2) The Legislature finds and declares that it is not the intent of this section to diminish resources
allocated to the Department of Corrections for parole functions for which the department is
responsible. It is also not the intent of this section to diminish the resources allocated to the Board
of Prison Terms to execute its duties with respect to parole functions for which the board is
responsible.
(3) The Legislature finds and declares that diligent effort must be made to ensure that parolees
are held accountable for their criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
(4) AI'IY ~Flelil'l~ fflaele !3l:JFS1:J8I'1t te AFtiale 1 (eefflfflel'leil'l~ witR SeetieFl SSSe) ef CR8!3ter 2 ef PaFt
2 ef DivisieFl S ef tRe 'A'elJere eFlEl IFlstitl:Jtiel'ls CeEle, tRet e 13ersel'l is The parole period of any
person found to be a sexually violent predator shalll'let tell, elisaR8r~e, er etReFwiss 8<<eet tR8t
13erseFl's be tolled until that person is found to no longer be a sexually violent predator, at which
time the period of parole, or any remaining portion thereof, shall begin to run.
(b) Notwithstanding any provision to the contrary in Article 3 (commencing with Section 3040) of
this chapter, the following shall apply:
(1) At the expiration of a term of imprisonment of one year and one day, or a term of imprisonment
imposed pursuant to Section 1170 or at the expiration of a term reduced pursuant to Section 2931
or 2933, if applicable, the inmate shall be released on parole for a period not exceeding three
years, except that any inmate sentenced for an offense specified in paragraph (3), (4), (5), (6),
(11), (16), or (18) of subdivision (c) of Section 667.5 shall be released on parole for a period not
exceeding five years, unless in either case the parole authority for good cause waives parole and
discharges the inmate from the custody of the department.
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(2) In the case of any inmate sentenced under Section 1168, the period of parole shall not exceed
five years in the case of an inmate imprisoned for any offense other than first or second degree
murder for which the inmate has received a life sentence, and shall not exceed three years in the
case of any other inmate, unless in either case the parole authority for good cause waives parole
and discharges the inmate from custody of the department. This subdivision shall also be
applicable to inmates who committed crimes prior to July 1, 1977, to the extent specified in
Section 1170.2.
(3) Notwithstanding paragraphs (1) and (2), in the case of any offense for which the inmate has
received a life sentence pursuant to Section 667.61 or 667.71, the period of parole shall be fi\Ie 10
years. U!!lel"l tRe reE!ll:lest sf tRe De!!laRfl'lel"lt ef Cerr<eatiel"ls, al"la el"l tlole ~ret:ll"las tl=lat tRe !!larelea
il"lfl'late fl'l8)' !!lese a st:lBstal"ltial aal"l~er te !!It:lBlia eafep/, tlole Beara ef rrieel"l Terfl'ls sRall aSl"lat:let a
l=Iearil"l~ ts eleterfl'lil"le if tl=le !!larslee sRall Be et:lBjeet te a eil"l~le aaaitiel"lal fl\'e year !!leriea ef
!!larale. Tl=le Beara sl=lall eel"lat:let tl=le l=Iearil"l~ !!It:lret:lal''lt ts tRe !!lreaeat:lres al"la stal"laaras ~e'ierl"lil"l~
!!larsle re\'seatiel"l. TRe reE!ll:lest fer !!larele e)Etel"leiel"l eRall Be fl'laele I"lS lese tl=lal"l 1 Be aays !!lrier ts
tl=lc cX!!liratieFl ef tRe iRitial flve year !!lerisa ef !!larele.
(4) The parole authority shall consider the request of any inmate regarding the length of his or her
parole and the conditions thereof.
(5) Upon successful completion of parole, or at the end of the maximum statutory period of parole
specified for the inmate under paragraph (1), (2), or (3), as the case may be, whichever is earlier,
the inmate shall be discharged from custody. The date of the maximum statutory period of parole
under this subdivision and paragraphs (1), (2), and (3) shall be computed from the date of initial
parole er frefl'l tRe aate ef exteFleieR af !!larele !!It:lrst:lal''lt te !!lara~ra!!ll=l (2) and shall be a period
chronologically determined. Time during which parole is suspended because the prisoner has
absconded or has been returned to custody as a parole violator shall not be credited toward any
period of parole unless the prisoner is found not guilty of the parole violation. However, if:rfte
ease, exeel9t the period of parole is subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner subject to three years on
parole be retained under parole supervision or in custody for a period longer than four years from
the date of his or her initial!!larale, aReI, exee!!lt parole.
(B) Except as provided in Section 3064, in no case may a prisoner subject to five years on
parole be retained under parole supervision or in custody for a period longer than seven years
from the date of his or her initial parole er frel'fl tl=le aate ef exteRsieR af !!larale !!It:lrst:lal'1t te
!!lar8~r8!!l1=l (2).
(C) Except as provided in Section 3064, in no case may a prisoner subject to 10 years on parole
be retained under parole supervision or in custody for a period longer than 15 years from the date
of his or her initial parole.
(6) The Department of Corrections shall meet with each inmate at least 30 days prior to his or her
good time release date and shall provide, under guidelines specified by the parole authority, the
conditions of parole and the length of parole up to the maximum period of time provided by law.
The inmate has the right to reconsideration of the length of parole and conditions thereof by the
parole authority. The Department of Corrections or the Board of Prison Terms may impose as a
condition of parole that a prisoner make payments on the prisoner's outstanding restitution fines
or orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the Government Code, as
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operative prior to September 28, 1994, or subdivision (b) or (f) of Section 1202.4.
(7) For purposes of this chapter, the Board of Prison Terms shall be considered the parole
authority .
(8) The sole authority to issue warrants for the return to actual custody of any state prisoner
released on parole rests with the Board of Prison Terms, except for any escaped state prisoner or
any state prisoner released prior to his or her scheduled release date who should be returned to
custody, and Section 3060 shall apply.
(9) It is the intent of the Legislature that efforts be made with respect to persons who are subject to
subparagraph (C) of paragraph (1) of subdivision (a) of Section 290 who are on parole to engage
them in treatment.
SEC. 18. Section 3000.07 is added to the Penal Code, to read:
3000.07. (a) Every inmate who has been convicted for any felony violation of a "registerable sex
offense" described in subparagraph (A) of paragraph (2) of subdivision (a) of Section 290 or any
attempt to commit any of the above-mentioned offenses and who is committed to prison and
released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning
system for the term of his or her parole, or for the duration or any remaining part thereof,
whichever period of time is less.
(b) Any inmate released on parole pursuant to this section shall be required to pay for the costs
associated with the monitoring by a global positioning system. However, the Department of
Corrections shall waive any or all of that payment upon a finding of an inability to pay. The
department shall consider any remaining amounts the inmate has been ordered to pay in fines,
assessments and restitution fines, fees, and orders, and shall give priority to the payment of those
items before requiring that the inmate pay for the global positioning monitoring. No inmate shall be
denied parole on the basis of his or her inability to pay for those monitoring costs.
Sec. 19. Section 3001 of the Penal Code is amended to read:
3001. (a) Notwithstanding any other provision of law, when any person referred to in paragraph'
(1) of subdivision (b) of Section 3000 who was not imprisoned for committing a violent felony, as
defined in subdivision (c) of Section 667.5, has been released on parole from the state prison, and
has been on parole continuously for one year since release from confinement, within 30 days, that
person shall be discharged from parole, unless the Department of Corrections recommends to the
Board of Prison Terms that the person be retained on parole and the board, for good cause,
determines that the person will be retained. Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section 3000 who was imprisoned for
committing a violent felony, as defined in subdivision (c) of Section 667.5, has been released on
parole from the state prison for a period not exceeding three years and has been on parole
continuously for two years since release from confinement, or has been released on parole from
the state prison for a period not exceeding five years and has been on parole continuously for
three years since release from confinement, the department shall discharge, within 30 days, that
person from parole, unless the department recommends to the board that the person be retained
on parole and the board, for good cause, determines that the person will be retained. The board
shall make a written record of its determination and the department shall transmit a copy thereof to
the parolee.
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(b) Notwithstanding any other provision of law, when any person referred to in paragraph (2) ~
of subdivision (b) of Section 3000 has been released on parole from the state prison, and has
been on parole continuously for three years since release from confinement er siRes emeRsieR ef
~8rele, the board shall discharge, within 30 days, the person from parole, unless the board, for
good cause, determines that the person will be retained on parole. The board shall make a
written record of its determination and the department shall transmit a copy thereof to the parolee.
(c) Notwithstanding any other provision of law, when any person referred to in paragraph (3) of
subdivision (b) of Section 3000 has been released on parole from the state prison, and has been
on parole continuously for six years since release from confinement, the board shall discharge,
within 30 days, the person from parole, unless the board, for good cause, determines that the
person will be retained on parole. The board shall make a written record of its determination and
the department shall transmit a copy thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be entitled to a review by the parole
authority each year thereafter until the maximum statutory periOd of parole has expired.
tat (e) The amendments to this section made during the 1987-88 Regular Session of the
Legislature shall only be applied prospectively and shall not extend the parole period for any
person whose eligibility for discharge from parole was fixed as of the effective date of those
amendments.
SEC. 20. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, 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 or her
incarceration.
For purposes of this subdivision, "last legal residence" shall not be construed to mean the
county wherein the inmate committed an offense while confined in a state prison or local jail
facility or while confined for treatment in a state hospital.
(b) Notwithstanding subdivision (a), an inmate may be returned to another county if that would
be in the best interests of the public.
If the Board of Prison Terms setting the conditions of parole for inmates sentenced pursuant to
subdivision (b) of Section 1168, as determined by the parole consideration panel, or the
Department of Corrections setting the conditions of parole for inmates sentenced pursuant to
Section 1170, decides on a return to another county, it shall place its reasons in writing in the
parolee's permanent record and include these reasons in the notice to the sheriff or chief of police
pursuant to Section 3058.6. In. making its decision, the paroling authority shall consider, among
others. the following factors, giving the greatest weight to the protection of the victim and the
safety of the community:
(1) The need to protect the life or safety of a victim, the parolee, a witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's parole would be successfully
completed.
(3) The verified existence of a work offer. or an educational or vocational training program.
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(4) The existence of family in another county with whom the inmate has maintained strong ties
and whose support would increase the chance that the inmate's parole would be successfully
completed.
(5) The lack of necessary outpatient treatment programs for parolees receiving treatment
pursuant to Section 2960.
(c) The Department of Corrections, in determining an out-of-county commitment, shall give
priority to the safety of the community and any witnesses and victims.
(d) In making its decision about an inmate who participated in a joint venture program pursuant
to Article 1.5 (commencing with Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the joint venture program
employer is located if that employer states to the paroling authority that he or she intends to
employ the inmate upon release.
(e)(1) The following information, if available, shall be released by the Department of Corrections
to local law enforcement agencies regarding a paroled inmate who is released in their
jurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole and discharge.
(E) Registration status, if the inmate is required to register as a result of a controlled substance,
sex, or arson offense.
(F) California Criminal Information Number, FBI number, social security number, and driver's
license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that resulted in parole in this
instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not acceptable for purposes of this
subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph was proposed to be effective.
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(K) Contact officer and unit, including all of the following information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officer such as units responsible for parole, registration, or
county probation.
(L) A digitized image of the photograph and at least a single digit fingerprint of the parolee.
(M) A geographic coordinate for the parolee's residence location for use with a Geographical
Information System (GIS) or comparable computer program.
(2) The information required by this subdivision shall come from the statewide parolee
database. The information obtained from each source shall be based on the same timeframe.
(3) All of the information required by this subdivision shall be provided utilizing a computer-to-
computer transfer in a format usable by a desktop computer system. The transfer of this
information shall be continually available to local law enforcement agencies upon request.
(4) The unauthorized release or receipt of the information described in this subdivision is a
violation of Section 11143.
(f) Notwithstanding any other provision of law, an inmate who is released on parole shall not be
returned to a location within 35 miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 667.5 or a
felony in which the defendant inflicts great bodily injury on any person other than an accomplice
that has been charged and proved as provided for in Section 12022.53, 12022.7, or 12022.9, if
the victim or witness has requested additional distance in the placement of the inmate on parole,
and if the Board of Prison Terms or the Department of Corrections finds that there is a need to
protect the life, safety, or well-being of a victim or witness.
(g) ~Jetwit"'staAaiA~ aAY et"'er la...., aA iAfl'Iate ...,"'e is feleasea 6A /!Iafele fer BAY f'ielatieA ef
8eetieA 288 er 288.6 s"'all Aet ae /!IlBaea er resiae, fer t"'e al:lf8tieA ef "'is er "'er /!Ieriea ef J!l8fele,
'l."it"'iA 6Ae €lt/aFter fl'Iile ef 8AY /!It/alia 6r /!Irivate se"'eel iRelt/aiR~ 8RY er all ef l(iAaer~aFteA aRa
~rase6 1 te 8, iFleltlsi'Ie.
fAt Notwithstanding any other law, an inmate who is released on parole for an offense involving
stalking shall not be returned to a location within 35 miles of the victim's actual residence or place
of employment if the victim or witness has requested additional distance in the placement of the
inmate on parole, and if the Board of Prison Terms or the Department of Corrections finds that
there is a need to protect the life, safety, or well-being of the victim.
ft7 (h) The authority shall give consideration to the equitable distribution of parolees and the
proportion of out-of-county commitments from a county compared to the number of commitments
from that county when making parole decisions.
fj1 (i) An inmate may be paroled to another state pursuant to any other law.
00 (j)(1) Except as provided in paragraph (2), the Department of Corrections shall be the agency
primarily responsible for, and shall have control over, the program, resources, and staff
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implementing the Law Enforcement Automated Data System (LEADS) in conformance with
subdivision (e).
(2) Notwithstanding paragraph (1), the Department of Justice shall be the agency primarily
responsible for the proper release of information under LEADS that relates to fingerprint cards.
SEC. 21. Section 3003.5 of the Penal Code is amended to read:
3003.5. (a) Notwithstanding any other provision of law, when a person is released on parole
after having served a term of imprisonment in state prison for any offense for which registration is
required pursuant to Section 290, that person may not, during the period of parole, reside in any
single family dwelling with any other person also required to register pursuant to Section 290,
unless those persons are legally related by blood, marriage, or adoption. For purposes of this
section, "single family dwelling" shall not include a residential facility which serves six or fewer
persons.
(b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration
is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or
park where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances
that further restrict the residency of any person for whom registration is required pursuant to
Section 290.
SEC. 22. Section 3004 of the Penal Code is amended to read:
3004. (a) Notwithstanding any other law, the parole authority may require, as a condition of
release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to
prison, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising
devices for the purpose of helping to verify his or her compliance with all other conditions of
parole. The devices shall not be used to eavesdrop or record any conversation, except a
conversation between the parolee and the agent supervising the parolee which is to be used
solely for the purposes of voice identification.
(b) Every inmate who has been convicted for any felony violation of a "registerable sex offense"
described in subparagraph (A) of paragraph (2) of subdivision (a) of Section 290 or any attempt to
commit any of the above-mentioned offenses and who is committed to prison and released on
parole pursuant to Section 3000 or 3000. 1 shall be monitored by a global positioning system for
life.
(c) Any inmate released on parole pursuant to this section shall be required to pay for the costs
associated with the monitoring by a global positioning system. However, the Department of
Corrections shall waive any or all of that payment upon a finding of an inability to pay. The
department shall consider any remaining amounts the inmate has been ordered to pay in fines,
assessments and restitution fines, fees, and orders, and shall give priority to the payment of those
items before requiring that the inmate pay for the global positioning monitoring.
SEC. 23. Section 12022.75 of the Penal Code is amended to read:
12022.75. Awt (a) Except as provided in subdivision (b), any person who, for the purpose of
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committing a felony, administers by injection, inhalation, ingestion, or any other means, any
controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and
Safety Code, against the victim's will by means of force, violence, or fear of immediate and
unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the
penalty provided for the felony or attempted felony of which he or she has been convicted, be
punished by an additional term of three years.
(b)(1) Any person who, in the commission or attempted commission of any offense specified in
paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056,
11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional
and consecutive term of imprisonment in the state prison for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261.
(8) Sodomy, in violation of subdivision (f) or (i) of Section 286.
(e) Oral copulation, in violation of subdivision (f) or (i) of Section 288a.
(D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289.
(E) Any offense speCified in subdivision (c) of Section 667.61.
Sec. 24. Section 6600 of the Welfare and Institutions Code is amended to read:
6600. As used in this article, the following terms have the following meanings:
(a)(1) "Sexually violent predator" means a person who has been convicted of a sexually violent
offense against twe one or more victims and who has a diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is likely that he or she will engage in
sexually violent criminal behavior.
(2) For purposes of this subdivision any of the following shall be considered a conviction for a
sexually violent offense:
(A) A prior or current conviction that resulted in a determinate prison sentence for an offense
described in subdivision (b).
(B) A conviction for an offense described in subdivision (b) that was committed prior to July 1,
1977, and that resulted in an indeterminate prison sentence.
(C) A prior conviction in another jurisdiction for an offense that includes all of the elements of an
offense described in subdivision (b).
(D) A conviction for an offense under a predecessor statute that includes all of the elements of an
offense described in subdivision (b).
(E) A prior conviction for which the inmate received a grant of probation for an offense described
in subdivision (b).
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(F) A prior finding of not guilty by reason of insanity for an offense described in subdivision (b).
(G) A conviction resulting in a finding that the person was a mentally disordered sex offender.
(H) A prior conviction for an offense described in subdivision (b) for which the person was
committed to the Department of the Youth Authority pursuant to Section 1731.5.
(I) A prior conviction for an offense described in subdivision (b) that resulted in an indeterminate
prison sentence.
(3) Conviction of one or more of the crimes enumerated in this section shall constitute evidence
that may support a court or jury determination that a person is a sexually violent predator, but
shall not be the sole basis for the determination. The existence of any prior convictions may be
shown with documentary evidence. The details underlying the commission of an offense that led
to a prior conviction, including a predatory relationship with the victim, may be shown by
documentary evidence, including, but not limited to, preliminary hearing transcripts, trial
transcripts, probation and sentencing reports, and evaluations by the State Department of Mental
Health. Jurors shall be admonished that they may not find a person a sexually violent predator
based on prior offenses absent relevant evidence of a currently diagnosed mental disorder that
makes the person a danger to the health and safety of others in that it is likely that he or she will
engage in sexually violent criminal behavior.
(4) The provisions of this section shall apply to any person against whom proceedings were
initiated for commitment as a sexually violent predator on or after January 1, 1996.
(b) "Sexually violent offense" means the following acts when committed by force, violence, duress,
menace, et' fear of immediate and unlawful bodily injury on the victim or another person, or
threatening to retaliate in the future against the victim or any other person, and that are committed
on, before, or after the effective date of this article and result in a conviction or a finding of not
guilty by reason of insanity, as ~Fevieleel defined in subdivision (a): a felony violation of ~ara~Fa~R
(2) ef sl:ll3e1ivisisl"l (a) sf Section 261, ~ara~ra~R (1) ef sl:ll3e1i',isiel"l (a) ef &eetiel"l 262, 8eetisl"l
264.1, 269, 286, sl:ll3e1i',isiel"l (a) er (13) ef &eetiel"l 288, 288a, 288.5, or sl:ll3e1ivisiel"l (a) ef &eetiel"l
289 of the Penal Code, or seelel"l'lY er eral ee~l:llatiel"l il"l vielatiel"l ef &eetiel"l 286 er 288a ef tRe
rel"lal Ceele any felony violation of Section 207, 209, or 220 of the Penal Code, committed with
the intent to commit a violation of Section 261, 262, 264.1, 286, 288, 288a, or 289 of the Penal
Code.
(c) "Diagnosed mental disorder" includes a congenital or acquired condition affecting the
emotional or volitional capacity that predisposes the person to the commission of criminal sexual
acts in a degree constituting the person a menace to the health and safety of others.
(d) "Danger to the health and safety of others" does not require proof of a recent overt act while
the offender is in custody.
(e) "Predatory" means an act is directed toward a stranger, a person of casual acquaintance with
whom no substantial relationship exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
(f) "Recent overt act" means any criminal act that manifests a likelihood that the actor may engage
in sexually violent predatory criminal behavior.
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(g) Notwithstanding any other provision of law and for purposes of this section, I'le R'lere tASI'l el'le
a prior juvenile adjudication of a sexually violent offense may constitute a prior conviction for
which the person received a determinate term if all of the following Sl3l3lies apply:
(1) The juvenile was 16 years of age or older at the time he or she committed the prior offense.
(2) The prior offense is a sexually violent offense as specified in subdivision (b). ~JetwitAstsl'lElil'lg
Seetiel'l 8899.1, el'lly SI'l e#el'lse Eleseri1geEl il'l st:l19Elivisiel'l (B) sAslI eel'lstitt:lte s se)(t:lslly vielel'lt
e#el'lse fer l3l:lrl3eses ef tAia st:l19Eli...isiel'l.
(3) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602
because of the person's commission of the offense giving rise to the juvenile court adjudication.
(4) The juvenile was committed to the Department of the Youth Authority for the sexually violent
offense.
(h) A minor adjudged a ward of the court for commission of an offense that is defined as a
sexually violent offense shall be entitled to specific treatment as a sexual offender. The failure of
a minor to receive that treatment shall not constitute a defense or bar to a determination that any
person is a sexually violent predator within the meaning of this article.
SEC. 25. Section 6600.1 of the Welfare and Institutions Code is amended to read:
6600.1. tat If the victim of an underlying offense that is specified in subdivision (b) of Section
6600 is a child under the age of 14 sl'lEl tAe e#eI'lElil'l~ set er sets il'lvelveEl al:ll9stsl'ltisl se)(t:lsl
eel'lEll:let, the offense shall constitute a "sexually violent offense" for purposes of Section 6600.
(B) "Sl:l19atal'ltisl ae)(l:lsl eeI'lEll:let" R'lesl'lS l3el'letrstiel'l ef tAe vs~il'ls er reetl:lR'l ef eitAer tAe vietiR'l er
tAC e#eI'lEler BY tAe l3el'lis ef tAe etAer er BY Sl'l)' fefei~1'l e19jeet, ersl eel3l:llstiel'l, er R'l8stl:lr198tiel'l ef
eitAer tAe vietiR'l sr tAe effel'lEler.
SEC. 26. Section 6001 of the Welfare and Institutions Code is amended to read:
6601. (a)(1) Whenever the Director of Corrections determines that an individual who is in
custody under the jurisdiction of the Department of Corrections, and who is either serving a
determinate prison sentence or whose parole has been revoked, may be a sexually violent
predator, the director shall, at least six months prior to that individual's scheduled date for release
from prison, refer the person for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of his or her sentence to
serve, ,or if the inmate's release date is modified by judicial or administrative action, the director
may refer the person for evaluation in accordance with this section at a date that is less than six
months prior to the inmate's scheduled release date.
(2) A petition may be filed under this section if the individual was in custody pursuant to his or her
determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at
the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or
administrative determination that the individual's custody was unlawful, if the unlawful custody
was the result of a good faith mistake of fact or law. This paragraph shall apply to any petition
filed on or after January 1, 1996.
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(b) The person shall be screened by the Department of Corrections and the Board of Prison
Terms based on whether the person has committed a sexually violent predatory offense and on a
review of the person's social, criminal, and institutional history. This screening shall be conducted.
in accordance with a structured screening instrument developed and updated by the State
Department of Mental Health in consultation with the Department of Corrections. If as a result of
this screening it is determined that the person is likely to be a sexually violent predator, the
Department of Corrections shall refer the person to the State Department of Mental Health for a
full evaluation of whether the person meets the criteria in Section 6600.
(c) The State Department of Mental Health shall evaluate the person in accordance with a
standardized assessment protocol, developed and updated by the State Department of Mental
Health, to determine whether the person is a sexually violent predator as defined in this article.
The standardized assessment protocol shall require assessment of diagnosable mental disorders,
as well as various factors known to be associated with the risk of reoffense among sex offenders.
Risk factors to be considered shall include criminal and psychosexual history, type, degree, and
duration of sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or
psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the
Director of Mental Health. If both evaluators concur that the person has a diagnosed mental
disorder so that he or she is likely to engage in acts of sexual violence without appropriate
treatment and custody, the Director of Mental Health shall forward a request for a petition for
commitment under Section 6602 to the county designated in subdivision (i). Copies of the
evaluation reports and any other supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a petition for commitment.
(e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not
concur that the person meets the criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of Mental Health shall arrange for
further examination of the person by two independent professionals selected in accordance with
subdivision (g).
(f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a
petition to request commitment under this article shall only be filed if both independent
professionals who evaluate the person pursuant to subdivision (e) concur that the person meets
the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the
person pursuant to subdivision (g) shall inform the person that the purpose of their examination is
not treatment but to determine if the person meets certain criteria to be involuntarily committed
pursuant to this article. It is not required that the person appreciate or understand that
. information.
(g) Any independent professional who is designated by the Director of Corrections or the Director
of Mental Health for purposes of this section shall not be a state government employee, shall have
at least five years of experience in the diagnosis and treatment of mental disorders, and shall
include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The
requirements set forth in this section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under this article.
(h) If the State Department of Mental Health determines that the person is a sexually violent
predator as defined in this article, the Director of Mental Health shall forward a request for a
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petition to be filed for commitment under this article to the county designated in subdivision (i).
Copies of the evaluation reports and any other supporting documents shall be made available to
the attorney designated by the county pursuant to subdivision (i) who may file a petition for
commitment in the superior court.
(i) If the county's designated counsel concurs with the recommendation, a petition for commitment
shall be filed in the superior court of the county in which the person was convicted of the offense
for which he or she was committed to the jurisdiction of the Department of Corrections. The
petition shall be filed, and the proceedings shall be handled, by either the district attorney or the
county counsel of that county. The county board of supervisors shall designate either the district
attorney or the county counsel to assume responsibility for proceedings under this article.
U) The time limits set forth in this section shall not apply during the first year that this article is
operative.
(k) If the person is otherwise subject to parole, a finding or placement made pursuant to this article
shall flffi toll, siseiolar~e, er etiolemise aneet the term of parole pursuant to Article 1 (commencing
with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code.
(I) Pursuant to subdivision (d), the attorney designated by the county pursuant to subdivision (i)
shall notify the State Department of Mental Health of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
SEC. 27. Section 6604 of the Welfare and Institutions Code is amended to read:
6604. The court or jury shall determine whether, beyond a reasonable doubt, the person is a
sexually violent predator. If the court or jury is not satisfied beyond a reasonable doubt that the
person is a sexually violent predator, the court shall direct that the person be released at the
conclusion of the term for which he or she was initially sentenced, or that the person be
unconditionally released at the end of parole, whichever is applicable. If the court or jury
determines that the person is a sexually violent predator, the person shall be committed for twe
.,.eet=e an indeterminate term to the custody of the State Department of Mental Health for
appropriate treatment and confinement in a secure facility designated by the Director of Mental
Health, aFls tiole ~eFseFl siolall Flet Be I(e~t iFl aettlal et:lstesy leFl~er tiolaFl ~\';e yeaFs t:lFlless a
sl:lBseejtleFlt emeFlses eeFflFflitFfleFlt is eBtaiFles freFfl tiole eet:lR iFleieleFlt te ~iole ~IiFl~ ef a ~etitieFl fer
exteFlses eeFflFflitFfleFlt t:lFlser tiolis aRiele er t:lFlless tiole teFFfl ef eeFflFflitFfleFlt eiolaFl~es ~tlrst:laFlt te
st:lBsi.isieFl (e) ef 8eetieFl 6696. TiFfle s~eRt eR eeRsitieFlal release siolall Flet eet:lRt te'.vars tiole t\'/e
year ~erFfl ef eeFflFflitFfleRt, t:lRless tiole ~eFseR is ~Iaees iFl a leel(es faeility BY ~Re eeRsi~ieRal
release ~Fe~raFfl, iFl '.violieiol ease tiole tiFfle iR a leel(es faeility siolall eet:lFlt te.....aFs tiole t.\'e year terFfl ef
eeFflFflitFfleRt. The facility shall be located on the grounds of an institution under the jurisdiction of
the Department of Corrections.
SEC. 28. Section 6604.1 of the Welfare and Institutions Code is amended to read:
6604.1. (a) The Po...e year indeterminate term of commitment provided for in Section 6604 shall
commence on the date upon which the court issues the initial order of commitment pursuant to
that section. Tiole iRitial w/e year terFfl siolall Flet Be FeStleeS BY aFlY tiFfle s~eRt iFl a SeetlFe faeility
~rier te tiole eFaer ef eeFflFflitFflef'lt. rer aFlY st:lBSe~t:leFlt exteFlses eeFflFflitFfleFlts, tiole terffl ef
eefflfflitffleRt siolall Be fer t\';e years eefflffleFleiFl~ Jreffl tiole sate ef tiole terffliFlatieFl ef tiole ~re\'iet:ls
eeFflfflitFfleRt.
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(b) The person shall be evaluated by two practicing psychologists or psychiatrists, or by one
practicing psychologist and one practicing psychiatrist, designated by the State Department of
Mental Health. The provisions of subdivisions (c) to (i), inclusive, of Section 6601 shall apply to
evaluations performed for purposes of extended commitments. The rights, requirements, and
procedures set forth in Section 6603 shall apply to eKteAaea all commitment proceedings.
SEC. 29. Section 6605 of the Welfare and Institutions Code is amended to read:
6605. (a) A person found to be a sexually violent predator and committed to the custody of the
State Department of Mental Health shall have a current examination of his or her mental condition
made at least once every year. The annual report shall include consideration of whether the
committed person currently meets the definition of a sexually violent predator and whether
conditional release to a less restrictive alternative or an unconditional release is in the best
interest of the person and conditions can be imposed that would adequately protect the
community. The Department of Mental Health shall file this periodic report with the court that
committed the person under this article. The report shall be in the form of a declaration and shall
be prepared by a professionally qualified person. A copy of the report shall be served on the
prosecuting agency involved in the initial commitment and upon the committed person. The
person may retain, or if he or she is indigent and so requests, the court may appoint, a qualified
expert or professional person to examine him or her, and the expert or professional person shall
have access to all records concerning the person.
(b) HIe aifeeter sAall J:lre';iae tAe eeff!ff!ittea J:lefssA 'IIitA aA aAAtlal';/fitteA Astiee sf Ais sr Aer
ri~Rt ts J:letitisA tAe eStlR fer eSAaitisAal release tlAaer SeetisA eees. HIe Astiee sAall eSAtaiA a
waiver sf fi~Ats. TAe aifeetsr sAall feFwarel tAe Aetiee aAeI ';/ai'jer fefff! te tAe eStlR witR tRe aAAtlal
feJ:lSR. If tAe J:lefSSA elses ASt a#ifff!atively ',/ai..-e Ais sr Aer ri~Rt ts J:letitisA tAe eStlR fer eeAaitieAal
release, tAe eStlR sAall set a SASW eatlse ReariA~ ts eleterff!iAe \"IRetAer feets exist tAat 'A'afraAt a
AeariA~ SA '''''RetRer tAe J:lefSSA'S eSAelitiSA Aas ss eRaA~eel tAat Re er sAe wetlla Aet Be a aaA~er
ts tAe Realtl=l aAa safefy ef etRefs if eliseRaf~eel. TRe eSff!ff!itteel ~eF5eA sAall Rave tRe ri~At ts Be .
J:lreseAt aAeI te Aa';e aA attsfAey reJ:lfeseAt Aiff! Sf Aer at tAe SRSW eatlse ReariA~. If the
Department of Mental Health determines that either: (1) the person's condition has so changed
that the person no longer meets the definition of a sexually violent predator, or (2) conditional
release to a less restrictive alternative is in the best interest of the person and conditions can be
imposed that adequately protect the community, the director shall authorize the person to petition
the court for conditional release to a less restrictive alternative or for an unconditional discharge.
The petition shall be filed with the court and served upon the prosecuting agency responsible for
the initial commitment. The court, upon receipt of the petition for conditional release to a less
restrictive alternative or unconditional discharge, shall order a show cause hearing at which the
court can consider the petition and any accompanying documentation provided by the medical
director, the prosecuting attorney or the committed person.
(c) If the court at the show cause hearing determines that probable cause exists to believe that the
committed person's diagnosed mental disorder has so changed that he or she is not a danger to
the health and.safety of others and is not likely to engage in sexually violent criminal behavior if
discharged, then the court shall set a hearing on the issue.
(d) At the hearing, the committed person shall have the right to be present and shall be entitled to
the benefit of all constitutional protections that were afforded to him or her at the initial
commitment proceeding. The attorney designated by the county pursuant to subdivision (i) of
Section 6601 shall represent the state and shall have the right to demand a jury trial and to have
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the committed person evaluated by experts chosen by the state. The committed person also shall
have the right to demand a jury trial and to have experts evaluate him or her on his or her behalf.
The court shall appoint an expert if the person is indigent and requests an appointment. The
burden of proof at the hearing shall be on the state to prove beyond a reasonable doubt that the
committed person's diagnosed mental disorder remains such that he or she is a danger to the
health and safety of others and is likely to engage in sexually violent criminal behavior if
discharged.
(e) If the court or jury rules against the committed person at the hearing conducted pursuant to
subdivision (d), the term of commitment of the person shall run for e an indeterminate period ef
tv.'B years from the date of this ruling. If the court or jury rules for the committed person, he or she
shall be unconditionally released and unconditionally discharged.
(f) In the event that the State Department of Mental Health has reason to believe that a person
committed to it as a sexually violent predator is no longer a sexually violent predator, it shall seek
judicial review of the person's commitment pursuant to the procedures set forth in Section 7250 in
the superior court from which the commitment was made. If the superior court determines that the
person is no longer a sexually violent predator, he or she shall be unconditionally released and
unconditionally discharged.
SEC. 30. Section 6608 of the Welfare and Institutions Code is amended to read:
6608. (a) Nothing in this article shall prohibit the person who has been committed as a sexually
violent predator from petitioning the court for conditional release al'la Sl:lBS8Ell:l81'lt or an
unconditional discharge without the recommendation or concurrence of the Director of Mental
Health. If a person has previously filed a petition for conditional release without the concurrence
of the director and the court determined, either upon review of the petition or following a hearing,
that the petition was frivolous or that the committed person's condition had not so changed that he
or she would not be a danger to others in that it is not likely that he or she will engage in sexually
violent criminal behavior if placed under supervision and treatment in the community, then the
court shall deny the subsequent petition unless it contains facts upon which a court could find that
the condition of the committed person had so changed that a hearing was warranted. Upon
receipt of a first or subsequent petition from a committed person without the concurrence of the
director, the court shall endeavor whenever possible to review the petition and determine if it is
based upon frivolous grounds and, if so, shall deny the petition without a hearing. The person
petitioning for conditional release and unconditional discharge under this subdivision shall be
entitled to assistance of counsel.
(b) The court shall give notice of the hearing date to the attorney designated in subdivision (i) of
Section 6601, the retained or appointed attorney for the committed person, and the Director of
Mental Health at least 15 court days before the hearing date.
(c) No hearing upon the petition shall be held until the person who is committed has been under
commitment for confinement and care in a facility designated by the Director of Mental Health for
not less than one year from the date of the order of commitment.
(d) The court shall hold a hearing to determine whether the person committed would be a danger
to the health and safety of others in that it is likely that he or she will engage in sexually violent
criminal behavior due to his or her diagnosed mental disorder if under supervision and treatment
in the community. If the court at the hearing determines that the committed person would not be a
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danger to others due to his or her diagnosed mental disorder while under supervision and
treatment in the community, the court shall order the committed person placed with an appropriate
forensic conditional release program operated by the state for one year. A substantial portion of
the state-operated forensic conditional release program shall include outpatient supervision and
treatment. The court shall retain jurisdiction of the person throughout the course of the program.
At the end of one year, the court shall hold a hearing to determine if the person should be
unconditionally released from commitment on the basis that, by reason of a diagnosed mental
disorder, he or she is not a danger to the health and safety of others in that it is not likely that he
or she will engage in sexually violent criminal behavior. The court shall not make this
determination until the person has completed at least one year in the state-operated forensic
conditional release program. The court shall notify the Director of Mental Health of the hearing
date.
(e) Before placing a committed person in a state-operated forensic conditional release program,
the community program director designated by the State Department of Mental Health shall
submit a written recommendation to the court stating which forensic conditional release program
is most appropriate for supervising and treating the committed person. If the court does not
accept the community program director's recommendation, the court shall specify the reason or
reasons for its order on the record. The procedures described in Sections 1605 to 1610,
inclusive, of the Penal Code shall apply to the person placed in the forensic conditional release
program.
(f) If the court determines that the person should be transferred to a state-operated forensic
conditional release program, the community program director, or his or her designee, shall make
the necessary placement arrangements and, within 21 days after receiving notice of the court's
finding, the person shall be placed in the community in accordance with the treatment and
supervision plan unless good cause for not doing so is presented to the court.
(g) If the court rules against the committed person at the trial for unconditional release from
commitment, the court may place the committed person on outpatient status in accordance with
the procedures described in Title 15 (commencing with Section 1600) of Part 2 of the Penal Code.
(h) If the court denies the petition to place the person in an appropriate forensic conditional
release program or if the petition for unconditional discharge is denied, the person may not file a'
new application until one year has elapsed from the date of the denial.
(i) In any hearing authorized by this section, the petitioner shall have the burden of proof by a
preponderance of the evidence.
U) If the petition for conditional release is not made by the director of the treatment facility to which
the person is committed, no action on the petition shall be taken by the court without first obtaining
the written recommendation of the director of the treatment facility.
(k) Time spent in a conditional release program pursuant to this section shall not count toward the
term of commitment under this article unless the person is confined in a locked facility by the
conditional release program, in which case the time spent in a locked facility shall count toward
the term of commitment.
SEC. 31. Intent Clause
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It is the intent of the People of the State of California in enacting this measure to strengthen and
improve the laws that punish and control sexual offenders. It is also the intent of the People of the
State of California that if any provision in this act conflicts with any other provision of law that
provides for a greater penalty or longer period of imprisonment that the latter provision shall apply.
Sec. 32. Severability Clause
If any provision of this act, or part thereof, is for any reason held to be invalid or unconstitutional,
the remaining provisions shall not be affected, but shall remain in full force and effect, and to this
end the provisions of this act are severable.
SEC. 33. Amendment Clause
The provisions of this act shall not be amended by the Legislature except by a statute passed in
each house by rollcall vote entered in the journal, two-thirds of the membership of each house
concurring, or by a statute that becomes effective only when approved by the voters. However,
the Legislature may amend the provisions of this act to expand the scope of their application or to
increase the punishments or penalties provided herein by a statute passed by majority vote of
each house thereof.
Campaign for Child Safety - Jessica's Law 2006
FPPC ID# 1277423
921 11th Street SUite 110V
Sacramento CA 95814-2822
www.JesslcasLaw2006.cam' ph 916/443-2024' fax 916/443-2267
http://www.jessicaslaw2006.com/language/
4/27/2006
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO IN SUPPORT OF THE SEXUAL PREDATOR PUNISHMENT AND
CONTROL ACT OF 2006, KNOWN AS JESSICA'S LAW
BE IS RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
WHEREAS, the State of California and the City of San Bernardino place a high
priority on maintaining public safety through a highly skilled and trained law enforcement
as well as laws that deter and punish criminal behavior; and
WHEREAS, sex offenders have very high recidivism rates, and according to a 1998
report by the U.S. Department of Justice, sex offenders are the least likely to be cured and
the most likely to reoffend and prey on the most innocent members of our society, and
more than two-thirds of the victims of rape and sexual assault are under the age of 18 and
sex offenders have a dramatically higher recidivism rate for their crimes than any other
type of violent felon; and
WHEREAS, child pornography exploits children and robs them of their innocence,
and FBI studies have shown that pornography is very influential in the actions of sex
offenders, and statistics show that 90% of the predators who molest children have had
some type of involvement with pornography and predators often use child pornography to
aid in their molestation; and
WHEREAS, the universal use of the Internet has also ushered in an era of
increased risk to our children by predators using this technology as a tool to lure children
away from their homes and into dangerous situations, and to reflect society's disapproval
of this type of activity, adequate penalties must be enacted to ensure predators cannot
escape prosecution; and
WHEREAS, California must also take additional steps to monitor sex offenders, to
protect the public from them, and to provide adequate penalties for and safeguard against
sex offenders, particularly those who prey on children, and existing laws that punish
aggravated sexual assault, habitual sexual offenders, and child molesters must be
tVo, 3lj
6// Jo~
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strengthened and improved, and existing laws that provide for the commitment and
control of sexually violent predators must be strengthened and improved; and
WHEREAS, additional resources are necessary to adequately monitor and
supervise sexual predators and offenders, and it is vital that the lasting effects of the
assault do not further victimize victims of sexual assault; and
WHEREAS, Global Positioning System technology is a useful tool for monitoring
sexual predators and other sex offenders and is a cost effective measure for parole
supervision, and it is critical to have close supervision of this class of criminals to monitor
these offenders and prevent them from committing other crimes; and
WHEREAS, California is the only state, of the number of states that have enacted
laws allowing involuntary civil commitments for persons identified as sexually violent
predators, which does not provide for indeterminate commitments, and California
automatically allows for a jury trial every two years irrespective of whether there is any
evidence to suggest or prove that the committed person is no longer a sexually violent
predator, and as such, this act allows California to protect the civil rights of those persons
committed as a sexually violent predator while at the same time protect society and the
system from unnecessary or frivolous jury trial actions where there is no competent
evidence to suggest a change in the committed person.
NOW, THEREFORE be it resolved that the City of San Bernardino support and
urge the People of California to vote YES on the Sexual Predator Punishment and Control
Act of 2006, known as "Jessica's Law".
IN WITNESS WHEREOF, we, the doles) hereby adopt this resolution
this _ day of , 2006.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO IN SUPPORT OF THE SEXUAL PREDATOR PUNISHMENT AND
CONTROL ACT OF 2006, KNOWN AS JESSICA'S LAW
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
, 2006, by the following vote, to wit:
_ day of
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
Rachel G. Clark, City Clerk
,2006
day of
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
By f)+d~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item # 31-
Vote: Ayes 1- lD Nays--9
Resolution #
Abstain -()
)0010- JJt
Absent 7
Change to motion to amend original documents 0
Companion Resolutions
Null/Void After: days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORDW/COUNTY 0
By:
~d'JoCp
5/i)/OC,
Date ofClerklCDC Signature: '5'l':3/ DCP
,
Reso. Log Updated: ~ /
Seal Impressed: ~
Reso. # on Staff Report 0
Date Sent to Mayor:
Date of Mayor' s Signature:
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
N/ft
,
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
Yes / No By_
-
Yes No c/ By_
Yes No ~ By_
Yes No~ By_
Yes No~ By_
Copies Distributed to:
Animal Control
o
o
~
Development Services 0
Others: C-own r AI,
EDA 0 Information Services 0
Facilities 0 Parks & Recreation 0
Finance 0 Police Department 0
Fire Department 0 Public Services 0
Human Resources 0 Water Department 0
City Administrator
City Attorney
Code Compliance
Notes:
Ready to File: _
Date:
Revised 12/18/03