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Sexual Habitual Offender Program

13885

The Legislature hereby finds that a substantial and disproportionate amount of sexual offenses are committed against the people of California by a relatively small number of multiple and repeat sex offenders. In enacting this chapter, the Legislature intends to support efforts of the criminal justice community through a focused effort by law enforcement and prosecuting agencies to identify, locate, apprehend, and prosecute sexual habitual offenders.

13885.1

The Attorney General shall establish and maintain, upon appropriation of funds by the Legislature, a statewide Sexual Habitual Offender Program special force. The special force shall be comprised of three special agent teams, one team each from southern, central, and northern California. The teams shall focus on repeat sex offenders, and perform the following activities:
(a) Coordinate state and local investigative resources to apprehend sexual habitual offenders and persons required to register under Section 290 who violate the law or conditions of probation or parole.
(b) Target and monitor chronic repeat violent sex offenders before the commission of additional sexual offenses.
(c) Develop profiles in unsolved sexual assault cases.

13885.15

(a) The special agent teams established pursuant to Section 13885.1 shall also take a proactive role in the investigation and prosecution of preferential child molesters and sexual exploiters.
(b) For purposes of this section, "preferential child molester" means a person whose primary sex drive is directed toward children. A preferential child molester is distinguished from a situational child molester, who will use children sexually in times of stress because of a lack of impulse control or as a result of circumstances.

13885.2

The Attorney General, subject to the availability of funds, shall establish in the Department of Justice the Sexual Habitual Offender Program, which is hereby created, which shall evaluate the number of arrests and convictions for sex offenses and the length of sentences for repeat offenders. This shall be a statewide program.
It is the intent of the Legislature that this statewide program shall not affect the operation of the Serious Habitual Offender Program authorized by Chapter 10 (commencing with Section 13890) involving the Counties of San Francisco, San Mateo, Santa Clara, Santa Cruz, Alameda, Contra Costa, Napa, Sonoma, Solano, and Marin which shall become inoperative on July 1, 1994.

13885.4

As used in this chapter, "sexual habitual offenders" means those persons who have been either of the following:
(a) Convicted of two or more violent offenses against a person involving force or violence which include at least one sex offense.
(b) Convicted of an offense listed in Section 290 and also meet one of the following criteria:
(1) Have three or more felony arrests for sex offenses specified in Section 290 on their criminal record.
(2) Have five or more felony arrests for any type of offense on their criminal record.
(3) Have 10 or more arrests, either felony or misdemeanor, for any type of offense on their criminal record.
(4) Have five or more arrests, either felony or misdemeanor, for any type of offense, including either of the following:
(A) At least one conviction for multiple sex offenses which shall mean a conviction arising from the commission of two or more offenses listed in subdivision (a) of Section 290 in one transaction.
(B) At least two arrests for a single sex offense listed in subdivision (a) of Section 290.

13885.6

The Department of Justice shall establish and maintain a comprehensive file of existing information maintained by law enforcement agencies, the Department of Corrections, the Department of Motor Vehicles, and the Department of Justice. The Department of Justice may request the Department of Corrections, the Department of Motor Vehicles, and law enforcement agencies to provide existing information from their files regarding persons identified as sexual habitual offenders. The Department of Corrections, the Department of Motor Vehicles, and law enforcement agencies, when requested by the Department of Justice, shall provide copies of existing information maintained in their files regarding persons identified by the Department of Justice as sexual habitual offenders and shall provide followup information to the Department of Justice as it becomes available. This sexual habitual offender file shall be maintained by the Department of Justice and shall contain a complete physical description and method of operation of the sexual habitual offender, information describing his or her interaction with criminal justice agencies, and his or her prior criminal record. The Department of Justice also shall prepare a summary profile of each sexual habitual offender for distribution to law enforcement agencies.

13885.8

The Department of Justice shall provide a summary profile of each sexual habitual offender to each law enforcement agency when the individual registers in, or moves to, the area in which the law enforcement agency is located.
Upon request, the department shall provide the complete file of information on a sexual habitual offender to law enforcement agencies, district attorneys, and the courts for the purpose of identifying, apprehending, prosecuting, and sentencing sexual habitual offenders.

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Last updated 12.7.2014