P. v. Bernal
This is a companion to a separate appeal filed by plaintiff Eliceo Olaiz Bernal from his conviction for three counts of sexual intercourse or sodomy with a child under 10 and three counts of committing a lewd act on a child, with a multiple victim enhancement. The facts are set out in detail in the opinion in that case and we incorporate them into this opinion. (People v. Bernal (May __, 2012, G044064) [nonpub. opn.].)
As a result of his convictions defendant was required to register as a sex offender under Penal Code section 290, subdivision (b) (all further statutory references are to this code). Section 1203e, subdivision (a) mandated the probation department to “complete a Facts of Offense Sheet,†which must contain, among other things, the “circumstances of the offense for which registration is required†and the “results of the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO).†The SARATSO is documented using a method described as the “Static-99 risk assessment scale†(both documents collectively referred to as the SARATSO assessment). The purpose of the SARATSO assessment is to “predict[] sex offender risk of recidivism.†(§ 290.04, subd. (a)(2).)
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