Section 3072 Of Article 3. Paroles From California Penal Code >> Title 1. >> Part 3. >> Chapter 8. >> Article 3.
3072
. (a) The Department of Corrections and Rehabilitation, subject
to the legislative appropriation of the necessary funds, may
establish and operate, after January 1, 2007, a specialized sex
offender treatment pilot program for inmates whom the department
determines pose a high risk to the public of committing violent sex
crimes.
(b) (1) The program shall be based upon the relapse prevention
model and shall include referral to specialized services, such as
substance abuse treatment, for offenders needing those specialized
services.
(2) Except as otherwise required under Section 645, the department
may provide medication treatments for selected offenders, as
determined by medical protocols, and only on a voluntary basis and
with the offender's informed consent.
(c) (1) The program shall be targeted primarily at adult sex
offenders who meet the following conditions:
(A) The offender is within five years of being released on parole.
An inmate serving a life term may be excluded from treatment until
he or she receives a parole date and is within five years of that
parole date, unless the department determines that the treatment is
necessary for the public safety.
(B) The offender has been clinically assessed.
(C) A review of the offender's criminal history indicates that the
offender poses a high risk of committing new sex offenses upon his
or her release on parole.
(D) Based upon the clinical assessment, the offender may be
amenable to treatment.
(2) The department may include other appropriate offenders in the
treatment program if doing so facilitates the effectiveness of the
treatment program.
(3) Notwithstanding any other provision of law, inmates who are
condemned to death or sentenced to life without the possibility of
parole are ineligible to participate in treatment.
(d) The program under this section shall be established with the
assistance and supervision of the staff of the department primarily
by obtaining the services of specially trained sex offender treatment
providers, as determined by the secretary of the department and the
Director of State Hospitals.
(e) (1) The program under this section, upon full implementation,
shall provide for the treatment of inmates who are deemed to pose a
high risk to the public of committing sex crimes, as determined by
the State-Authorized Risk Assessment Tool for Sex Offenders, pursuant
to Sections 290.04 to 290.06, inclusive.
(2) To the maximum extent that is practical and feasible,
offenders participating in the treatment program shall be held in a
separate area of the prison facility, segregated from any non-sex
offenders held at the same prison, and treatment in the pilot program
shall be provided in program space segregated, to the maximum extent
that is practical and feasible, from program space for any non-sex
offenders held at the same prison.
(f) (1) The State Department of Mental Health, or its successor,
the State Department of State Hospitals, by January 1, 2012, shall
provide a report evaluating the program to the fiscal and public
safety policy committees of both houses of the Legislature, and to
the Joint Legislative Budget Committee.
(2) The report shall initially evaluate whether the program under
this section is operating effectively, is having a positive clinical
effect on participating sex offenders, and is cost effective for the
state.
(3) In conducting its evaluation, the State Department of Mental
Health, or its successor, the State Department of State Hospitals,
shall consider the effects of treatment of offenders while in prison
and while subsequently on parole.
(4) The State Department of Mental Health, or its successor, the
State Department of State Hospitals, shall advise the Legislature as
to whether the program should be continued past its expiration date,
expanded, or concluded.