S-15-06


WHEREAS on May 15, 2006, the Governor established the High Risk Sex Offender (HRSO) Task Force by Executive Order S-08-06; and

WHEREAS on August 15, 2006, the High Risk Sex Offender Task Force provided the Secretary of the Department of Corrections and Rehabilitation, as well as the Governor and Legislature, with recommendations to improve departmental polices related to the placement of high risk sex offenders; and

WHEREAS pursuant to the terms of Executive Order S-08-06, the High Risk Sex Offender Task Force was disbanded upon the release of these recommendations; and

WHEREAS the High Risk Sex Offender Task Force recommendations include:

1. The State of California should have a uniform definition for a high risk sex offender.

2. All California adult Penal Code section 290 sex offender registrants incarcerated in State facilities or serving revocation time in local facilities must be assessed as soon as practical, but no later than 120 days prior to release on parole with continued assessments while on parole.

3. All California inmates required to register as sex offenders that are designated as HRSOs should be required to receive appropriate specialized sex offender treatment as warranted while incarcerated.

4. The California Department of Corrections and Rehabilitation (CDCR) should be required to provide notice of the release and recommended placement of HRSOs to victims at least 90 days before release and to law enforcement a minimum of 60 days prior to release. Local law enforcement should also be required to provide timely and sufficient notice to the receiving communities of the residential placement of HRSOs.

5. The parole supervision of sex offenders designated as high risk should follow the "Containment Model." In addition, all HRSOs should be placed on GPS monitoring.

6. CDCR and local law enforcement should partner to create a viable program for community education and communication specific to HRSO issues.

7. Legislative changes to the Megan's Law Website should be made to specifically identify HRSOs that are on parole and those that are being monitored by GPS.

8. CDCR should be required to assess the fiscal and programmatic impact of the HRSO Task Force recommendations and work with the Administration and the Legislature to secure funding and/or legislative changes in order to implement the recommendations.

9. CDCR should be required to establish a permanent Sex Offender Management Board.

10. CDCR and local law enforcement/government should continue to work together to insure appropriate and equitable placement of HRSOs.

WHEREAS it is imperative that these recommendations are implemented as soon as possible to ensure public safety; and

WHEREAS the placement, notification and monitoring of sexually violent predators in the local communities is a joint state and local responsibility and the inability to locate suitable housing will result in the possible unconditional release of sexually violent predators; and

WHEREAS in some instances, the current civil commitment process for sexually violent predators has resulted in compromise to public safety; and

WHEREAS a comprehensive and consistent placement and supervision policy should be developed with input among all entities responsible for public safety within each community, including but not limited to police chiefs, sheriffs, district attorneys, parole agents, probation officers, and local and state officials.

NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER,
Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California do hereby issue this Order to become effective immediately:

1. The Secretary of the California Department of Corrections and Rehabilitations and the Secretary of the Health and Human Services shall create a High Risk Sex Offender and Sexually Violent Predator Task Force to review: (a) the implementation of the recommendations of the HRSO Task Force; and (b) the current statutory requirements and state and local policies on placement, notification and monitoring of sexually violent predators.

2. The High Risk Sex Offender and Sexually Violent Predator Task Force membership shall include:

Two representatives from the California State Legislature, who will serve as co-chairs

California District Attorneys Association, president or his/her designee

California State Sheriffs Association, president or his/her designee

California Police Chiefs Association, president or his/her designee

Chief Probation Officers of California, president or his/her designee

League of California Cities, president or his/her designee

California State Association of Counties, president or his/her designee

Secretary of the California Department of Corrections and Rehabilitation, or his/her designee

Secretary of the Health and Human Services Agency, or his/her designee

Director of the Division of Adult Parole Operations, Department of Corrections and Rehabilitation, or his/her designee

Director of the Department of Mental Health, or his/her designee

Representative of victims of violent crimes

Other representatives to be determined by the Secretary of the Department of Corrections and Rehabilitation and the Secretary of Health and Human Services

3. The High Risk Sex Offender and Sexually Violent Predator Task Force shall provide the Secretary of the Department of Corrections and Rehabilitation and the Secretary of Health and Human Services, as well as the Governor and Legislature, with recommendations to improve state and local polices related to the placement of sexually violent predators in local communities thereby ensuring public safety is not compromised. The recommendations shall address the following three areas:

Notification to local law enforcement and officials prior to release from a state institution

Placement planning for sexually violent predators that is compliant with state law, and consistent with public safety

Monitoring and supervision of sexually violent predators


4. The High Risk Sex Offender and Sexually Violent Predator Task Force shall issue its recommendations no later than December 1, 2006.

I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.