California Penal Code 9001 – (a) The California Sex Offender Management Board, which is …
(a) The California Sex Offender Management Board, which is hereby created under the jurisdiction of the Department of Corrections and Rehabilitation, shall consist of 19 members. The membership of the board shall reflect, to the extent possible, representation of northern, central, and southern California, as well as both urban and rural areas. Each appointee to the board, regardless of the appointing authority, shall have the following characteristics:
(1) Substantial prior knowledge of issues related to sex offenders, at least insofar as related to the appointee’s own agency’s practices.
Terms Used In California Penal Code 9001
- Board: means the Sex Offender Management Board created in this chapter. See California Penal Code 9000
- county: includes "city and county". See California Penal Code 7
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Management: means a comprehensive and collaborative team approach to regulating, controlling, monitoring, and otherwise influencing the current and, insofar as is possible, the future behavior of sex offenders who are living in the community and are directly under the authority of the criminal justice system or of another governmental agency performing similar functions. See California Penal Code 9000
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
- Sex Offender: means any person who is required to register as a sex offender under §. See California Penal Code 9000
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
- Supervision: means a specialized approach to the process of overseeing, insofar as authority to do so is granted to the supervising agency, all significant aspects of the lives of sex offenders who are being managed, as described in subdivision (d). See California Penal Code 9000
- Treatment: means a set of specialized interventions delivered by qualified mental health professionals and designed to address the multiple psychological and physiological factors found to be associated with sexual offending. See California Penal Code 9000
(2) Decisionmaking authority for, or direct access to those who have decisionmaking authority for, the agency or constituency represented.
(3) A willingness to serve on the board and a commitment to contribute to the board’s work.
(b) The membership of the board shall consist of the following persons:
(1) State government agencies:
(A) The Attorney General or a designee who shall be an authority in policy areas pertaining to sex offenders and shall have expertise in dealing with sex offender registration, notification, and enforcement.
(B) The Secretary of the Department of Corrections and Rehabilitation or a designee who has expertise in parole policies and practices.
(C) The Director of the Division of Adult Parole Operations or a designee.
(D) One California state judge, appointed by the Judicial Council.
(E) The Director of State Hospitals or a designee who is a licensed mental health professional with recognized expertise in the treatment of sex offenders.
(F) The Executive Director of the Office of Youth and Community Restoration within the California Health and Human Services Agency or a designee who has expertise in the treatment or supervision of juvenile sex offenders.
(2) Local government agencies:
(A) Three members who represent law enforcement, appointed by the Governor. One member shall possess investigative expertise and one member shall have law enforcement duties that include registration and notification responsibilities, and one shall be a chief probation officer.
(B) One member who represents prosecuting attorneys, appointed by the Senate Committee on Rules. The member shall have expertise in dealing with adult sex offenders.
(C) One member who represents probation officers, appointed by the Speaker of the Assembly.
(D) One member who represents criminal defense attorneys, appointed by the Speaker of the Assembly.
(E) One member who is a county administrator, appointed by the Governor.
(F) One member who is a city manager or a designee, appointed by the Speaker of the Assembly.
(3) Nongovernmental agencies:
(A) Two members who are licensed mental health professionals with recognized experience in working with sex offenders and who can represent, through their established involvement in a formal statewide professional organization, those who provide evaluation and treatment for adult sex offenders, appointed by the Senate Committee on Rules.
(B) One member who is a licensed mental health professional with experience treating juvenile sex offenders and who can represent those who provide evaluation and treatment for juvenile sex offenders, appointed by the Speaker of the Assembly.
(C) Two members who are recognized experts in the field of sexual assault and represent sexual assault victims, both adults and children, and rape crisis centers, appointed by the Governor.
(c) The board shall appoint a chair from among the members appointed pursuant to subdivision (b). The chair shall serve in that capacity at the pleasure of the board.
(d) Each member of the board who is appointed pursuant to this section shall serve without compensation.
(e) If a board member is unable to adequately perform the required duties or is unable to attend more than three meetings in a single 12-month period, the member is subject to removal from the board by a majority vote of the full board.
(f) Any vacancy on the board as a result of the removal of a member shall be filled by the appointing authority of the removed member within 30 days of the vacancy.
(g) The board may create, at its discretion, subcommittees or task forces to address specific issues. These may include board members as well as invited experts and other participants.
(h) The board shall hire a coordinator who has relevant experience in policy research. The board may hire other staff as funding permits.
(i) In the course of performing its duties, the board shall, when possible, make use of the available resources of research agencies such as the Legislative Analyst’s Office, the California Research Bureau, the California State University system, including schools of public policy and criminology, and other similar sources of assistance.
(j) Staff support services for the board shall be provided by staff of the Department of Corrections and Rehabilitation as directed by the secretary.
(Amended by Stats. 2021, Ch. 80, Sec. 22. (AB 145) Effective July 16, 2021.)