2009 California Penal Code - Section 13885-13885.8 :: Chapter 9.5. Statewide Sexual Predator Apprehension Team ..

PENAL CODE
SECTION 13885-13885.8

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 maintain, upon appropriation of
funds by the Legislature, a statewide Sexual Predator Apprehension
Team force within the California Bureau of Investigation. The Sexual
Predator Apprehension Team force shall be comprised of California
Bureau of Investigation special agent teams throughout 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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