Section 3573 - Sex Offender Risk Assessment(a) The Department shall utilize the Static-99R (Revised 11/2/16) risk assessment, which is incorporated by reference, for adult male sex offenders. Any adult male sex offender who is assessed with an above average risk or higher to commit a new sex offense shall be designated as a High Risk Sex Offender (HRSO), as defined in Section 3580, for the purposes of residence restrictions and supervision while on parole.(b) The Department shall utilize the Female Sex Offender Risk Assessment (FSORA) (05/23/2017), which is incorporated by reference, for adult female sex offenders. Any adult female sex offender who is assessed with a "Moderate Risk" or higher to commit a new sex offense shall be designated as a HRSO for the purposes of residence restrictions and supervision while on parole.(c) The Department shall conduct on-going supplemental risk assessments pursuant to sections 3573(d) and (e), which are used for designing treatment programs and determining supervision levels for sex offenders during their parole terms at the direction of the Director of DAPO or their designee. These assessments are not for use in determining whether an offender qualifies as a HRSO, but rather to determine the frequency of treatment and the level of supervision needed for monitoring the sex offender while in the community.(d) The Department's contracted sex offender treatment providers (whom are trained and certified pursuant to PC section 290.09) shall utilize the supplemental risk assessments Level of Service/Case Management Inventory (LS/CMI) and STABLE-2007/ACUTE-2007 pursuant to PC section 290.04, as supplemental risk assessments to the Static-99R for adult male sex offenders. The LS/CMI will measure risk of future violence of adult male sex offenders, and the STABLE-2007/ACUTE-2007 will measure dynamic (changing) risk factors of adult male sex offenders. The LS/CMI and the STABLE-2007/ACUTE-2007 are used to assist in case management and treatment planning. (1) The LS/CMI and the STABLE-2007/ACUTE-2007 are administered once the Static-99R has been completed. Upon release to parole supervision the offender will be referred to one of the Department's contracted sex offender treatment providers who will conduct a face to face interview with the offender utilizing the risk assessments. Within 30 calendar days of the referral, the sex offender treatment provider will complete the risk assessments and provide the Department with the assessment scores. Thereafter, the sex offender treatment provider will communicate monthly with the Department about the offender's progress and risk assessment issues.(e) The Department's contracted sex offender treatment providers (whom are trained and certified pursuant to PC section 290.09) shall utilize the supplemental risk assessment LS/CMI, as a supplemental risk assessment to the FSORA for adult female sex offenders. The LS/CMI will measure risk of future violence of adult female sex offenders, and is used to assist in case management and treatment planning. (1) The LS/CMI is administered once the FSORA has been completed. Upon release to parole supervision the offender will be referred to one of the Department's contracted sex offender treatment providers who will conduct a face to face interview with the offender utilizing the risk assessment. Within 30 calendar days of the referral, the sex offender treatment provider will complete the risk assessment and provide the Department with the assessment score. Thereafter, the sex offender treatment provider will communicate monthly with the Department about the offender's progress and risk assessment issues.(f) Upon completion of the Static-99R risk assessment or FSORA pursuant to section 3573(a) and (b), if designated a HRSO, the sex offender shall remain under the jurisdiction of the Department for the length of the parole term, regardless of the result of future assessments.Cal. Code Regs. Tit. 15, § 3573
1. New section filed 10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2017, No. 19).
3. New section refiled 5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-23-2017 order, including amendment of subsections (a)-(c), repealer of subsection (d), new subsections (d)-(f) and amendment of NOTE, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments effective 9-25-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39). Note: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.04, 290.09 and 3008, Penal Code.
1. New section filed 10-10-2016 as an emergency; operative 10-10-2016 (Register 2016, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-20-2017 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2017, No. 19).
3. New section refiled 5-23-2017 as an emergency; operative 5-23-2017 (Register 2017, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-23-2017 order, including amendment of subsections (a)-(c), repealer of subsection (d), new subsections (d)-(f) and amendment of Note, transmitted to OAL 8-15-2017 and filed 9-25-2017; amendments effective 9/25/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 39).