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California Penal Code Section 290.04

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(a) (1) The sex offender risk assessment tools authorized
by this section for use with selected populations shall be known,
with respect to each population, as the State-Authorized Risk
Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not
been selected for a given population pursuant to this section, no
duty to administer the SARATSO elsewhere in this code shall apply
with respect to that population. Every person required to register as
a sex offender shall be subject to assessment with the SARATSO as
set forth in this section and elsewhere in this code.
   (2) A representative of the State Department of Mental Health, in
consultation with a representative of the Department of Corrections
and Rehabilitation and a representative of the Attorney General's
office, shall comprise the SARATSO Review Committee. The purpose of
the committee, which shall be staffed by the State Department of
Mental Health, shall be to ensure that the SARATSO reflects the most
reliable, objective and well-established protocols for predicting sex
offender risk of recidivism, has been scientifically validated and
cross validated, and is, or is reasonably likely to be, widely
accepted by the courts. The committee shall consult with experts in
the fields of risk assessment and the use of actuarial instruments in
predicting sex offender risk, sex offending, sex offender treatment,
mental health, and law, as it deems appropriate.
   (b) (1) Commencing January 1, 2007, the SARATSO for adult males
required to register as sex offenders shall be the STATIC-99 risk
assessment scale.
   (2) On or before January 1, 2008, the SARATSO Review Committee
shall determine whether the STATIC-99 should be supplemented with an
actuarial instrument that measures dynamic risk factors or whether
the STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool.  If the committee unanimously agrees on changes to
be made to the SARATSO, it shall advise the Governor and the
Legislature of the changes, and the State Department of Mental Health
shall post the decision on its Internet Web site. Sixty days after
the decision is posted, the selected tool shall become the SARATSO
for adult males.
   (c) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for adult females required to register
as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for adult
females.
   (d) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for male juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for male
juveniles.
   (e) On or before July 1, 2007, the SARATSO Review Committee shall
research risk assessment tools for female juveniles required to
register as sex offenders. If the committee unanimously agrees on an
appropriate risk assessment tool to be used to assess this
population, it shall advise the Governor and the Legislature of the
selected tool, and the State Department of Mental Health shall post
the decision on its Internet Web site. Sixty days after the decision
is posted, the selected tool shall become the SARATSO for female
juveniles.
   (f) The committee shall periodically evaluate the SARATSO for each
specified population. If the committee unanimously agrees on a
change to the SARATSO for any population, it shall advise the
Governor and the Legislature of the selected tool, and the State
Department of Mental Health shall post the decision on its Internet
Web site. Sixty days after the decision is posted, the selected tool
shall become the SARATSO for that population.
   (g) The committee shall perform other functions consistent with
the provisions of this act or as may be otherwise required by law,
including, but not limited to, defining tiers of risk based on the
SARATSO. The committee shall be immune from liability for good faith
conduct under this act.

Section: Previous  290.020  290.021  290.022  290.023  290.01  290.02  290.03  290.04  290.05  290.06  290.07  290.08  290.3  290.4  290.45  Next

Last modified: January 12, 2009