290.04
. (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 Department of Corrections and
Rehabilitation, in consultation with a representative of the State
Department of State Hospitals 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 Department of
Corrections and Rehabilitation, 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, which shall be the SARATSO static tool for adult
males.
(2) The SARATSO Review Committee shall determine whether the
STATIC-99 should be supplemented with an empirically derived
instrument that measures dynamic risk factors or whether the
STATIC-99 should be replaced as the SARATSO with a different risk
assessment tool. The SARATSO Review Committee shall select an
empirically derived instrument that measures dynamic risk factors and
an empirically derived instrument that measures risk of future
violence. The selected instruments shall be the SARATSO dynamic tool
for adult males and the SARATSO future violence tool for adult males.
If the committee unanimously agrees on changes to be made to a
designated SARATSO, it shall advise the Governor and the Legislature
of the changes, and the Department of Corrections and Rehabilitation
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 static,
dynamic, and risk of future violence tools 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 Department of Corrections
and Rehabilitation 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.