6600.  As used in this article, the following terms have the
following meanings:
   (a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against one or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
   (2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
   (A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
   (B) A conviction for an offense described in subdivision (b) that
was committed prior to July 1, 1977, and that resulted in an
indeterminate prison sentence.
   (C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).
   (D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).
   (E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
   (F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).
   (G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.
   (H) A prior conviction for an offense described in subdivision (b)
for which the person was committed to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation pursuant to
Section 1731.5.
   (I) A prior conviction for an offense described in subdivision (b)
that resulted in an indeterminate prison sentence.
   (3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination. The existence of any
prior convictions may be shown with documentary evidence. The details
underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of State
Hospitals. Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (4) The provisions of this section shall apply to any person
against whom proceedings were initiated for commitment as a sexually
violent predator on or after January 1, 1996.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person, or
threatening to retaliate in the future against the victim or any
other person, and that are committed on, before, or after the
effective date of this article and result in a conviction or a
finding of not guilty by reason of insanity, as defined in
subdivision (a): a felony violation of Section 261, 262, 264.1, 269,
286, 288, 288a, 288.5, or 289 of the Penal Code, or any felony
violation of Section 207, 209, or 220 of the Penal Code, committed
with the intent to commit a violation of Section 261, 262, 264.1,
286, 288, 288a, or 289 of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, a prior juvenile adjudication of a sexually violent
offense may constitute a prior conviction for which the person
received a determinate term if all of the following apply:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation for the
sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender. The failure of a
minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.



6600.05.  (a)  Coalinga State Hospital shall be used whenever a
person is committed to a secure facility for mental health treatment
pursuant to this article and is placed in a state hospital under the
direction of the State Department of State Hospitals unless there are
unique circumstances that would preclude the placement of a person
at that facility. If a state hospital is not used, the facility to be
used shall be located on a site or sites determined by the Secretary
of the Department of Corrections and Rehabilitation and the Director
of State Hospitals. In no case shall a person committed to a secure
facility for mental health treatment pursuant to this article be
placed at Metropolitan State Hospital or Napa State Hospital.
   (b)  The State Department of State Hospitals shall be responsible
for operation of the facility, including the provision of treatment.




6600.1.  If the victim of an underlying offense that is specified in
subdivision (b) of Section 6600 is a child under the age of 14, the
offense shall constitute a "sexually violent offense" for purposes of
Section 6600.


6601.  (a) (1) Whenever the Secretary of the Department of
Corrections and Rehabilitation determines that an individual who is
in custody under the jurisdiction of the Department of Corrections
and Rehabilitation, and who is either serving a determinate prison
sentence or whose parole has been revoked, may be a sexually violent
predator, the secretary shall, at least six months prior to that
individual's scheduled date for release from prison, refer the person
for evaluation in accordance with this section. However, if the
inmate was received by the department with less than nine months of
his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the secretary may
refer the person for evaluation in accordance with this section at a
date that is less than six months prior to the inmate's scheduled
release date.
   (2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the
time the petition is filed. A petition shall not be dismissed on the
basis of a later judicial or administrative determination that the
individual's custody was unlawful, if the unlawful custody was the
result of a good faith mistake of fact or law. This paragraph shall
apply to any petition filed on or after January 1, 1996.
   (b) The person shall be screened by the Department of Corrections
and Rehabilitation and the Board of Parole Hearings based on whether
the person has committed a sexually violent predatory offense and on
a review of the person's social, criminal, and institutional history.
This screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
State Hospitals in consultation with the Department of Corrections
and Rehabilitation. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the
Department of Corrections and Rehabilitation shall refer the person
to the State Department of State Hospitals for a full evaluation of
whether the person meets the criteria in Section 6600.
   (c) The State Department of State Hospitals shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of State Hospitals, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
   (d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of State Hospitals. If both evaluators concur that the
person has a diagnosed mental disorder so that he or she is likely to
engage in acts of sexual violence without appropriate treatment and
custody, the Director of State Hospitals shall forward a request for
a petition for commitment under Section 6602 to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment.
   (e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of State
Hospitals shall arrange for further examination of the person by two
independent professionals selected in accordance with subdivision
(g).
   (f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
   (g) Any independent professional who is designated by the
Secretary of the Department of Corrections and Rehabilitation or the
Director of State Hospitals for purposes of this section shall not be
a state government employee, shall have at least five years of
experience in the diagnosis and treatment of mental disorders, and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by the court
to evaluate the person for purposes of any other proceedings under
this article.
   (h) If the State Department of State Hospitals determines that the
person is a sexually violent predator as defined in this article,
the Director of State Hospitals shall forward a request for a
petition to be filed for commitment under this article to the county
designated in subdivision (i). Copies of the evaluation reports and
any other supporting documents shall be made available to the
attorney designated by the county pursuant to subdivision (i) who may
file a petition for commitment in the superior court.
   (i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections and Rehabilitation. The petition shall be
filed, and the proceedings shall be handled, by either the district
attorney or the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
   (j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
   (k) An order issued by a judge pursuant to Section 6601.5, finding
that the petition, on its face, supports a finding of probable cause
to believe that the individual named in the petition is likely to
engage in sexually violent predatory criminal behavior upon his or
her release, shall toll that person's parole pursuant to paragraph
(4) of subdivision (a) of Section 3000 of the Penal Code, if that
individual is determined to be a sexually violent predator.
   (l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of State Hospitals of its decision regarding the filing of a petition
for commitment within 15 days of making that decision.
   (m) This section shall become operative on the date that the
director executes a declaration, which shall be provided to the
fiscal and policy committees of the Legislature, including the
Chairperson of the Joint Legislative Budget Committee, and the
Department of Finance, specifying that sufficient qualified state
employees have been hired to conduct the evaluations required
pursuant to subdivision (d), or January 1, 2013, whichever occurs
first.


6601.3.  (a) Upon a showing of good cause, the Board of Parole
Hearings may order that a person referred to the State Department of
State Hospitals pursuant to subdivision (b) of Section 6601 remain in
custody for no more than 45 days beyond the person's scheduled
release date for full evaluation pursuant to subdivisions (c) to (i),
inclusive, of Section 6601.
   (b) For purposes of this section, good cause means circumstances
where there is a recalculation of credits or a restoration of denied
or lost credits, a resentencing by a court, the receipt of the
prisoner into custody, or equivalent exigent circumstances which
result in there being less than 45 days prior to the person's
scheduled release date for the full evaluation described in
subdivisions (c) to (i), inclusive, of Section 6601.




6601.5.  Upon filing of the petition and a request for review under
this section, a judge of the superior court shall review the petition
and determine whether the petition states or contains sufficient
facts that, if true, would constitute probable cause to believe that
the individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release. If the
judge determines that the petition, on its face, supports a finding
of probable cause, the judge shall order that the person be detained
in a secure facility until a hearing can be completed pursuant to
Section 6602. The probable cause hearing provided for in Section 6602
shall commence within 10 calendar days of the date of the order
issued by the judge pursuant to this section.



6602.  (a) A judge of the superior court shall review the petition
and shall determine whether there is probable cause to believe that
the individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release. The
person named in the petition shall be entitled to assistance of
counsel at the probable cause hearing. Upon the commencement of the
probable cause hearing, the person shall remain in custody pending
the completion of the probable cause hearing. If the judge determines
there is not probable cause, he or she shall dismiss the petition
and any person subject to parole shall report to parole. If the judge
determines that there is probable cause, the judge shall order that
the person remain in custody in a secure facility until a trial is
completed and shall order that a trial be conducted to determine
whether the person is, by reason of a diagnosed mental disorder, a
danger to the health and safety of others in that the person is
likely to engage in acts of sexual violence upon his or her release
from the jurisdiction of the Department of Corrections and
Rehabilitation or other secure facility.
   (b) The probable cause hearing shall not be continued except upon
a showing of good cause by the party requesting the continuance.
   (c) The court shall notify the State Department of State Hospitals
of the outcome of the probable cause hearing by forwarding to the
department a copy of the minute order of the court within 15 days of
the decision.



6602.5.  (a) No person may be placed in a state hospital pursuant to
the provisions of this article until there has been a determination
pursuant to Section 6601.3 or 6602 that there is probable cause to
believe that the individual named in the petition is likely to engage
in sexually violent predatory criminal behavior.
   (b) The State Department of State Hospitals shall identify each
person for whom a petition pursuant to this article has been filed
who is in a state hospital on or after January 1, 1998, and who has
not had a probable cause hearing pursuant to Section 6602. The State
Department of State Hospitals shall notify the court in which the
petition was filed that the person has not had a probable cause
hearing. Copies of the notice shall be provided by the court to the
attorneys of record in the case. Within 30 days of notice by the
State Department of State Hospitals, the court shall either order the
person removed from the state hospital and returned to local custody
or hold a probable cause hearing pursuant to Section 6602.
   (c) In no event shall the number of persons referred pursuant to
subdivision (b) to the superior court of any county exceed 10 in any
30-day period, except upon agreement of the presiding judge of the
superior court, the district attorney, the public defender, the
sheriff, and the Director of State Hospitals.
   (d) This section shall be implemented in Los Angeles County
pursuant to a letter of agreement between the Department of State
Hospitals, the Los Angeles County district attorney, the Los Angeles
County public defender, the Los Angeles County sheriff, and the Los
Angeles County Superior Court. The number of persons referred to the
Superior Court of Los Angeles County pursuant to subdivision (b)
shall be governed by the letter of agreement.



6603.  (a) A person subject to this article shall be entitled to a
trial by jury, to the assistance of counsel, to the right to retain
experts or professional persons to perform an examination on his or
her behalf, and to have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent, the court shall appoint counsel to assist him or her, and,
upon the person's request, assist the person in obtaining an expert
or professional person to perform an examination or participate in
the trial on the person's behalf. Any right that may exist under this
section to request DNA testing on prior cases shall be made in
conformity with Section 1405 of the Penal Code.
   (b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
   (c) (1) If the attorney petitioning for commitment under this
article determines that updated evaluations are necessary in order to
properly present the case for commitment, the attorney may request
the State Department of State Hospitals to perform updated
evaluations. If one or more of the original evaluators is no longer
available to testify for the petitioner in court proceedings, the
attorney petitioning for commitment under this article may request
the State Department of State Hospitals to perform replacement
evaluations. When a request is made for updated or replacement
evaluations, the State Department of State Hospitals shall perform
the requested evaluations and forward them to the petitioning
attorney and to the counsel for the person subject to this article.
However, updated or replacement evaluations shall not be performed
except as necessary to update one or more of the original evaluations
or to replace the evaluation of an evaluator who is no longer
available to testify for the petitioner in court proceedings. These
updated or replacement evaluations shall include review of available
medical and psychological records, including treatment records,
consultation with current treating clinicians, and interviews of the
person being evaluated, either voluntarily or by court order. If an
updated or replacement evaluation results in a split opinion as to
whether the person subject to this article meets the criteria for
commitment, the State Department of State Hospitals shall conduct two
additional evaluations in accordance with subdivision (f) of Section
6601.
   (2) For purposes of this subdivision, "no longer available to
testify for the petitioner in court proceedings" means that the
evaluator is no longer authorized by the Director of State Hospitals
to perform evaluations regarding sexually violent predators as a
result of any of the following:
   (A) The evaluator has failed to adhere to the protocol of the
State Department of State Hospitals.
   (B) The evaluator's license has been suspended or revoked.
   (C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
   (D) The independent professional or state employee who has served
as the evaluator has resigned or retired and has not entered into a
new contract to continue as an evaluator in the case, unless this
evaluator, in his or her most recent evaluation of the person subject
to this article, opined that the person subject to this article does
not meet the criteria for commitment.
   (d) This section does not prevent the defense from presenting
otherwise relevant and admissible evidence.
   (e) If the person subject to this article or the petitioning
attorney does not demand a jury trial, the trial shall be before the
court without a jury.
   (f) A unanimous verdict shall be required in any jury trial.
   (g) The court shall notify the State Department of State Hospitals
of the outcome of the trial by forwarding to the department a copy
of the minute order of the court within 72 hours of the decision.
   (h) This section does not limit any legal or equitable right that
a person may have to request DNA testing.
   (i) Subparagraph (D) of paragraph (2) of subdivision (c) does not
affect the authority of the State Department of State Hospitals to
conduct two additional evaluations when an updated or replacement
evaluation results in a split opinion.
   (j) (1) Notwithstanding any other law, the evaluator performing an
updated evaluation shall include with the evaluation a statement
listing all records reviewed by the evaluator pursuant to subdivision
(c). The court shall issue a subpoena, upon the request of either
party, for a certified copy of these records. The records shall be
provided to the attorney petitioning for commitment and the counsel
for the person subject to this article. The attorneys may use the
records in proceedings under this article and shall not disclose them
for any other purpose.
   (2) This subdivision does not affect the right of a party to
object to the introduction at trial of all or a portion of a record
subpoenaed under paragraph (1) on the ground that it is more
prejudicial than probative pursuant to Section 352 of the Evidence
Code or that it is not material to the issue of whether the person
subject to this article is a sexually violent predator, as defined in
subdivision (a) of Section 6600, or to any other issue to be decided
by the court. If the relief is granted, in whole or in part, the
record or records shall retain any confidentiality that may apply
under Section 5328 of this code and Section 1014 of the Evidence
Code.
   (3) This subdivision does not affect any right of a party to seek
to obtain other records regarding the person subject to this article.
   (4) Except as provided in paragraph (1), this subdivision does not
affect any right of a committed person to assert that records are
confidential under Section 5328 of this code or Section 1014 of the
Evidence Code.


6603.3.  (a) (1) Except as provided in paragraph (2), no attorney
may disclose or permit to be disclosed to a person subject to this
article, family members of the person subject to this article, or any
other person, the name, address, telephone number, or other
identifying information of a victim or witness whose name is
disclosed to the attorney pursuant to Section 6603 and Chapter 1
(commencing with Section 2016.010) of Part 4 of Title 4 of the Code
of Civil Procedure, unless specifically permitted to do so by the
court after a hearing and showing of good cause.
   (2) Notwithstanding paragraph (1), an attorney may disclose or
permit to be disclosed, the name, address, telephone number, or other
identifying information of a victim or witness to persons employed
by the attorney or to a person hired or appointed for the purpose of
assisting the person subject to this article in the preparation of
the case, if that disclosure is required for that preparation.
Persons provided this information shall be informed by the attorney
that further dissemination of the information, except as provided by
this section, is prohibited.
   (3) A willful violation of this subdivision by an attorney,
persons employed by an attorney, or persons appointed by the court is
a misdemeanor.
   (b) If the person subject to this article is acting as his or her
own attorney, the court shall endeavor to protect the name, address,
telephone number, or other identifying information of a victim or
witness by providing for contact only through a private investigator
licensed by the Department of Consumer Affairs and appointed by the
court or by imposing other reasonable restrictions, absent a showing
of good cause as determined by the court.



6603.5.  No employee or agent of the Department of Corrections and
Rehabilitation, the Board of Parole Hearings, or the State Department
of State Hospitals shall disclose to any person, except to employees
or agents of each named department, the prosecutor, the respondent's
counsel, licensed private investigators hired or appointed for the
respondent, or other persons or agencies where authorized or required
by law, the name, address, telephone number, or other identifying
information of a person who was involved in a civil commitment
hearing under this article as the victim of a sex offense except
where authorized or required by law.



6603.7.  (a) Except as provided in Section 6603.3, the court, at the
request of the victim of a sex offense relevant in a proceeding
under this article, may order the identity of the victim in all
records and during all proceedings to be either Jane Doe or John Doe,
if the court finds that the order is reasonably necessary to protect
the privacy of the person and will not unduly prejudice the party
petitioning for commitment under this article or the person subject
to this article.
   (b) If the court orders the victim to be identified as Jane Doe or
John Doe pursuant to subdivision (a), and if there is a jury trial,
the court shall instruct the jury at the beginning and at the end of
the trial that the victim is being so identified only for the
purposes of protecting his or her privacy.


6604.  The court or jury shall determine whether, beyond a
reasonable doubt, the person is a sexually violent predator. If the
court or jury is not satisfied beyond a reasonable doubt that the
person is a sexually violent predator, the court shall direct that
the person be released at the conclusion of the term for which he or
she was initially sentenced, or that the person be unconditionally
released at the end of parole, whichever is applicable. If the court
or jury determines that the person is a sexually violent predator,
the person shall be committed for an indeterminate term to the
custody of the State Department of State Hospitals for appropriate
treatment and confinement in a secure facility designated by the
Director of State Hospitals. The facility shall be located on the
grounds of an institution under the jurisdiction of the Department of
Corrections and Rehabilitation.



6604.1.  (a) The indeterminate term of commitment provided for in
Section 6604 shall commence on the date upon which the court issues
the initial order of commitment pursuant to that section.
   (b) The person shall be evaluated by two practicing psychologists
or psychiatrists, or by one practicing psychologist and one
practicing psychiatrist, designated by the State Department of State
Hospitals. The provisions of subdivisions (c) to (i), inclusive, of
Section 6601 shall apply to evaluations performed for purposes of
extended commitments. The rights, requirements, and procedures set
forth in Section 6603 shall apply to all commitment proceedings.




6604.9.  (a) A person found to be a sexually violent predator and
committed to the custody of the State Department of State Hospitals
shall have a current examination of his or her mental condition made
at least once every year. The report shall be in the form of a
declaration and shall be prepared by a professionally qualified
person. The person may retain or, if he or she is indigent and so
requests, the court may appoint, a qualified expert or professional
person to examine him or her, and the expert or professional person
shall have access to all records concerning the person.
   (b) The annual report shall include consideration of whether the
committed person currently meets the definition of a sexually violent
predator and whether conditional release to a less restrictive
alternative, pursuant to Section 6608, or an unconditional discharge,
pursuant to Section 6605, is in the best interest of the person and
conditions can be imposed that would adequately protect the
community.
   (c) The State Department of State Hospitals shall file this
periodic report with the court that committed the person under this
article. A copy of the report shall be served on the prosecuting
agency involved in the initial commitment and upon the committed
person.
   (d) If the State Department of State Hospitals determines that
either: (1) the person's condition has so changed that the person no
longer meets the definition of a sexually violent predator and
should, therefore, be considered for unconditional discharge, or (2)
conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that adequately
protect the community, the director shall authorize the person to
petition the court for conditional release to a less restrictive
alternative or for an unconditional discharge. The petition shall be
filed with the court and served upon the prosecuting agency
responsible for the initial commitment.
   (e) The court, upon receipt of the petition for conditional
release to a less restrictive alternative, shall consider the
petition using procedures described in Section 6608.
   (f) The court, upon receiving a petition for unconditional
discharge, shall order a show cause hearing, pursuant to the
provisions of Section 6605, at which the court may consider the
petition and any accompanying documentation provided by the medical
director, the prosecuting attorney, or the committed person.



6605.  (a) (1) The court, upon receiving a petition for
unconditional discharge, shall order a show cause hearing at which
the court can consider the petition and any accompanying
documentation provided by the medical director, the prosecuting
attorney, or the committed person.
   (2) If the court at the show cause hearing determines that
probable cause exists to believe that the committed person's
diagnosed mental disorder has so changed that he or she is not a
danger to the health and safety of others and is not likely to engage
in sexually violent criminal behavior if discharged, then the court
shall set a hearing on the issue.
   (3) At the hearing, the committed person shall have the right to
be present and shall be entitled to the benefit of all constitutional
protections that were afforded to him or her at the initial
commitment proceeding. The attorney designated by the county pursuant
to subdivision (i) of Section 6601 shall represent the state and
shall have the right to demand a jury trial and to have the committed
person evaluated by experts chosen by the state. The committed
person also shall have the right to demand a jury trial and to have
experts evaluate him or her on his or her behalf. The court shall
appoint an expert if the person is indigent and requests an
appointment. The burden of proof at the hearing shall be on the state
to prove beyond a reasonable doubt that the committed person's
diagnosed mental disorder remains such that he or she is a danger to
the health and safety of others and is likely to engage in sexually
violent criminal behavior if discharged. Where the person's failure
to participate in or complete treatment is relied upon as proof that
the person's condition has not changed, and there is evidence to
support that reliance, the jury shall be instructed substantially as
follows:
   "The committed person's failure to participate in or complete the
State Department of State Hospitals Sex Offender Commitment Program
(SOCP) are facts that, if proved, may be considered as evidence that
the committed person's condition has not changed. The weight to be
given that evidence is a matter for the jury to determine."
   (b) If the court or jury rules against the committed person at the
hearing conducted pursuant to subdivision (a), the term of
commitment of the person shall run for an indeterminate period from
the date of this ruling and the committed person may not file a new
petition until one year has elapsed from the date of the ruling. If
the court or jury rules for the committed person, he or she shall be
unconditionally released and unconditionally discharged.
   (c) If the State Department of State Hospitals has reason to
believe that a person committed to it as a sexually violent predator
is no longer a sexually violent predator, it shall seek judicial
review of the person's commitment pursuant to the procedures set
forth in Section 7250 in the superior court from which the commitment
was made. If the superior court determines that the person is no
longer a sexually violent predator, he or she shall be
unconditionally released and unconditionally discharged.



6606.  (a) A person who is committed under this article shall be
provided with programming by the State Department of State Hospitals
which shall afford the person with treatment for his or her diagnosed
mental disorder. Persons who decline treatment shall be offered the
opportunity to participate in treatment on at least a monthly basis.
   (b) Amenability to treatment is not required for a finding that
any person is a person described in Section 6600, nor is it required
for treatment of that person. Treatment does not mean that the
treatment be successful or potentially successful, nor does it mean
that the person must recognize his or her problem and willingly
participate in the treatment program.
   (c) The programming provided by the State Department of State
Hospitals in facilities shall be consistent with current
institutional standards for the treatment of sex offenders, and shall
be based on a structured treatment protocol developed by the State
Department of State Hospitals. The protocol shall describe the number
and types of treatment components that are provided in the program,
and shall specify how assessment data will be used to determine the
course of treatment for each individual offender. The protocol shall
also specify measures that will be used to assess treatment progress
and changes with respect to the individual's risk of reoffense.
   (d) Notwithstanding any other provision of law, except as to
requirements relating to fire and life safety of persons with mental
illness, and consistent with information and standards described in
subdivision (c), the State Department of State Hospitals is
authorized to provide the programming using an outpatient/day
treatment model, wherein treatment is provided by licensed
professional clinicians in living units not licensed as health
facility beds within a secure facility setting, on less than a
24-hour a day basis. The State Department of State Hospitals shall
take into consideration the unique characteristics, individual needs,
and choices of persons committed under this article, including
whether or not a person needs antipsychotic medication, whether or
not a person has physical medical conditions, and whether or not a
person chooses to participate in a specified course of offender
treatment. The State Department of State Hospitals shall ensure that
policies and procedures are in place that address changes in patient
needs, as well as patient choices, and respond to treatment needs in
a timely fashion. The State Department of State Hospitals, in
implementing this subdivision, shall be allowed by the State
Department of Public Health to place health facility beds at Coalinga
State Hospital in suspense in order to meet the mental health and
medical needs of the patient population. Coalinga State Hospital may
remove all or any portion of its voluntarily suspended beds into
active license status by request to the State Department of Public
Health. The facility's request shall be granted unless the suspended
beds fail to comply with current operational requirements for
licensure.
   (e) The department shall meet with each patient who has chosen not
to participate in a specific course of offender treatment during
monthly treatment planning conferences. At these conferences the
department shall explain treatment options available to the patient,
offer and re-offer treatment to the patient, seek to obtain the
patient's cooperation in the recommended treatment options, and
document these steps in the patient's health record. The fact that a
patient has chosen not to participate in treatment in the past shall
not establish that the patient continues to choose not to
participate.



6607.  (a) If the Director of State Hospitals determines that the
person's diagnosed mental disorder has so changed that the person is
not likely to commit acts of predatory sexual violence while under
supervision and treatment in the community, the director shall
forward a report and recommendation for conditional release in
accordance with Section 6608 to the county attorney designated in
subdivision (i) of Section 6601, the attorney of record for the
person, and the committing court.
   (b) When a report and recommendation for conditional release is
filed by the Director of State Hospitals pursuant to subdivision (a),
the court shall set a hearing in accordance with the procedures set
forth in Section 6608.



6608.  (a) A person who has been committed as a sexually violent
predator shall be permitted to petition the court for conditional
release with or without the recommendation or concurrence of the
Director of State Hospitals. If a person has previously filed a
petition for conditional release without the concurrence of the
director and the court determined, either upon review of the petition
or following a hearing, that the petition was frivolous or that the
committed person's condition had not so changed that he or she would
not be a danger to others in that it is not likely that he or she
will engage in sexually violent criminal behavior if placed under
supervision and treatment in the community, the court shall deny the
subsequent petition unless it contains facts upon which a court could
find that the condition of the committed person had so changed that
a hearing was warranted. Upon receipt of a first or subsequent
petition from a committed person without the concurrence of the
director, the court shall endeavor whenever possible to review the
petition and determine if it is based upon frivolous grounds and, if
so, shall deny the petition without a hearing. The person petitioning
for conditional release under this subdivision shall be entitled to
assistance of counsel in all hearings under this section. The person
petitioning for conditional release shall serve a copy of the
petition on the State Department of State Hospitals at the time the
petition is filed with the court.
   (b) The procedure for a conditional release hearing in a case
where the county of domicile has not yet been determined shall be as
follows:
   (1) If the court deems the petition not frivolous pursuant to
subdivision (a), the court shall give notice to the attorney
designated in subdivision (i) of Section 6601, the retained or
appointed attorney for the committed person, and the Director of
State Hospitals of its intention to set a conditional release
hearing. The person petitioning for conditional release, the Director
of State Hospitals, and the designated attorney of the county of
commitment shall notify the court within 30 court days of receipt of
this notice if it appears that a county other than the county of
commitment may be the county of domicile.
   (2) If no county other than the county of commitment appears to be
the county of domicile, the court shall determine, consistent with
Section 6608.5, that the county of commitment is the county of
domicile.
   (3) If it appears or there are allegations that one or more
counties, other than the county of commitment, may be the county of
domicile, the court shall set a hearing to determine the county of
domicile, consistent with the provisions of Section 6608.5. The court
shall, at least 30 court days prior to the hearing, give notice of
the domicile hearing to the persons listed in paragraph (1) and to
the designated attorney for any county that is alleged to be the
county of domicile. Persons listed in this paragraph and paragraph
(1) may, at least 10 court days prior to the hearing, file and serve
declarations, documentary evidence, and other pleadings, that are
specific only to the issue of domicile. The court may, consistent
with Section 6608.5, decide the issue of domicile solely on the
pleadings, or additionally permit, in the interests of justice,
argument and testimony.
   (4) After determining the county of domicile pursuant to paragraph
(2) or (3), the court shall set a date for a conditional release
hearing and shall give notice of the hearing at least 30 court days
before the hearing to the persons described in paragraph (1) and the
designated attorney for the county of domicile.
   (5) (A) If the county of domicile is different than the county of
commitment, the designated attorney for the county of domicile and
the designated attorney for the county of commitment may mutually
agree that the designated attorney for the county of domicile will
represent the state at the conditional release hearing. If the
designated attorneys do not make this agreement, the designated
attorney for the county of commitment will represent the state at the
conditional release hearing.
   (B) At least 20 court days before the conditional release hearing,
the designated attorney for the county of commitment shall give
notice to the parties listed in paragraph (1) and to the court
whether the state will be represented by the designated attorney of
the county of domicile or the designated attorney of the county of
commitment.
   (C) The designated attorney for the county of domicile and the
designated attorney for the county of commitment should cooperate
with each other to ensure that all relevant evidence is submitted on
behalf of the state. No attorney other than the designated attorney
for the county representing the state shall appear on behalf of the
state at the conditional release hearing.
   (6) The court's determination of a county of domicile shall govern
the current and any subsequent petition for conditional release
under this section.
   (7) For the purpose of this subdivision, the term "county of
domicile" shall have the same meaning as defined in Section 6608.5.
   (8) For purposes of this section, the term "designated attorney of
the county of commitment" means the attorney designated in
subdivision (i) of Section 6601 in the county of commitment.
   (9) For purposes of this section, the term "designated attorney
for the county of domicile" means the attorney designated in
subdivision (i) of Section 6601 in the county of domicile.
   (c) The proceedings for a conditional release hearing in a case
where the court has previously determined the county of domicile
shall be as follows:
   (1) If the court determines, pursuant to subdivision (a), that the
petition is not frivolous, the court shall give notice of the
hearing date at least 30 days prior to the hearing to the designated
attorneys for the county of domicile and the county of commitment,
the retained or appointed attorney for the petitioner, and the
Director of State Hospitals.
   (2) Representation of the state at the conditional release hearing
shall be pursuant to paragraph (5) of subdivision (b).
   (d) (1) If a committed person has been conditionally released by a
court to a county other than the county of domicile, and the
jurisdiction of the person has been transferred to that county,
pursuant to subdivision (g) of Section 6608.5, the notice specified
in paragraph (1) of subdivision (c) shall be given to the designated
attorney of the county of placement, who shall represent the state in
any further proceedings.
   (2) The term "county of placement" means the county where the
court has placed a person who is granted conditional release.
   (e) If the petition for conditional release is made without the
consent of the director of the treatment facility, no action shall be
taken on the petition by the court without first obtaining the
written recommendation of the director of the treatment facility.
   (f) A hearing upon the petition shall not be held until the person
who is committed has been under commitment for confinement and care
in a facility designated by the Director of State Hospitals for not
less than one year from the date of the order of commitment. A
hearing upon the petition shall not be held until the community
program director designated by the State Department of State
Hospitals submits a report to the court that makes a recommendation
as to the appropriateness of placing the person in a state-operated
forensic conditional release program.
   (g) The court shall hold a hearing to determine whether the person
committed would be a danger to the health and safety of others in
that it is likely that he or she will engage in sexually violent
criminal behavior due to his or her diagnosed mental disorder if
under supervision and treatment in the community. The attorney
designated pursuant to paragraph (5) of subdivision (b) shall
represent the state and may have the committed person evaluated by
experts chosen by the state. The committed person shall have the
right to the appointment of experts, if he or she so requests. If the
court at the hearing determines that the committed person would not
be a danger to others due to his or her diagnosed mental disorder
while under supervision and treatment in the community, the court
shall order the committed person placed with an appropriate forensic
conditional release program operated by the state for one year. A
substantial portion of the state-operated forensic conditional
release program shall include outpatient supervision and treatment.
The court shall retain jurisdiction of the person throughout the
course of the program, except as provided in subdivision (g) of
Section 6608.5.
   (h) Before placing a committed person in a state-operated forensic
conditional release program, the community program director
designated by the State Department of State Hospitals shall submit a
written recommendation to the court stating which forensic
conditional release program is most appropriate for supervising and
treating the committed person. If the court does not accept the
community program director's recommendation, the court shall specify
the reason or reasons for its order on the record. The procedures
described in Sections 1605 to 1610, inclusive, of the Penal Code
shall apply to the person placed in the forensic conditional release
program.
   (i) If the court determines that the person should be transferred
to a state-operated forensic conditional release program, the
community program director, or his or her designee, shall make the
necessary placement arrangements and, within 30 days after receiving
notice of the court's finding, the person shall be placed in the
community in accordance with the treatment and supervision plan
unless good cause for not doing so is presented to the court.
   (j) If the court denies the petition to place the person in an
appropriate forensic conditional release program, the person may not
file a new application until one year has elapsed from the date of
the denial.
   (k) In a hearing authorized by this section, the committed person
shall have the burden of proof by a preponderance of the evidence,
unless the report required by Section 6604.9 determines that
conditional release to a less restrictive alternative is in the best
interest of the person and that conditions can be imposed that would
adequately protect the community, in which case the burden of proof
shall be on the state to show, by a preponderance of the evidence,
that conditional release is not appropriate.
   (l) Time spent in a conditional release program pursuant to this
section shall not count toward the term of commitment under this
article unless the person is confined in a locked facility by the
conditional release program, in which case the time spent in a locked
facility shall count toward the term of commitment.
   (m) After a minimum of one year on conditional release, the
committed person, with or without the recommendation or concurrence
of the Director of State Hospitals, may petition the court for
unconditional discharge. The court shall use the procedures described
in subdivisions (a) and (b) of Section 6605 to determine if the
person should be unconditionally discharged from commitment on the
basis that, by reason of a diagnosed mental disorder, he or she is no
longer a danger to the health and safety of others in that it is not
likely that he or she will engage in sexually violent criminal
behavior.


6608.5.  (a) A person who is conditionally released pursuant to this
article shall be placed in the county of the domicile of the person
prior to the person's incarceration, unless both of the following
conditions are satisfied:
   (1) The court finds that extraordinary circumstances require
placement outside the county of domicile.
   (2) The designated county of placement was given prior notice and
an opportunity to comment on the proposed placement of the committed
person in the county, according to procedures set forth in Section
6609.1.
   (b) (1) For the purposes of this section, "county of domicile"
means the county where the person has his or her true, fixed, and
permanent home and principal residence and to which he or she has
manifested the intention of returning whenever he or she is absent.
For the purposes of determining the county of domicile, the court may
consider information found on a California driver's license,
California identification card, recent rent or utility receipt,
printed personalized checks or other recent banking documents showing
that person's name and address, or information contained in an
arrest record, probation officer's report, trial transcript, or other
court document. If no information can be identified or verified, the
county of domicile of the individual shall be considered to be the
county in which the person was arrested for the crime for which he or
she was last incarcerated in the state prison or from which he or
she was last returned from parole.
   (2) In a case where the person committed a crime while being held
for treatment in a state hospital, or while being confined in a state
prison or local jail facility, the county wherein that facility was
located shall not be considered the county of domicile unless the
person resided in that county prior to being housed in the hospital,
prison, or jail.
   (c) For the purposes of this section, "extraordinary circumstances"
means circumstances that would inordinately limit the department's
ability to effect conditional release of the person in the county of
domicile in accordance with Section 6608 or any other provision of
this article, and the procedures described in Sections 1605 to 1610,
inclusive, of the Penal Code.
   (d) The county of domicile shall designate a county agency or
program that will provide assistance and consultation in the process
of locating and securing housing within the county for persons
committed as sexually violent predators who are about to be
conditionally released under Section 6608. Upon notification by the
department of a person's potential or expected conditional release
under Section 6608, the county of domicile shall notify the
department of the name of the designated agency or program, at least
60 days before the date of the potential or expected release.
   (e) In recommending a specific placement for community outpatient
treatment, the department or its designee shall consider all of the
following:
   (1) The concerns and proximity of the victim or the victim's next
of kin.
   (2) The age and profile of the victim or victims in the sexually
violent offenses committed by the person subject to placement. For
purposes of this subdivision, the "profile" of a victim includes, but
is not limited to, gender, physical appearance, economic background,
profession, and other social or personal characteristics.
   (f) Notwithstanding any other provision of law, a person released
under this section shall not be placed within one-quarter mile of any
public or private school providing instruction in kindergarten or
any of grades 1 to 12, inclusive, if either of the following
conditions exist:
   (1) The person has previously been convicted of a violation of
Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 of, the Penal Code.
   (2) The court finds that the person has a history of improper
sexual conduct with children.
   (g) (1) Except as provided in paragraph (2), if the committed
person is ordered to be conditionally released in a county other than
the county of commitment, the court shall order that jurisdiction of
the person and all records related to the case be transferred to the
court of the county of placement. Upon transfer of jurisdiction to
the county of placement, the designated attorney of the county of
placement shall represent the state in all further proceedings.
   (2) The designated attorney of the county of commitment shall
serve written notice upon the designated attorney for the county of
placement within 15 court days of an order to place a committed
person in the county of placement. The designated attorney of the
county of placement may file an affidavit with the court in the
county of commitment objecting to the transfer of jurisdiction within
15 court days after receiving the notice. If the affidavit objecting
to the transfer of jurisdiction is timely filed, the court shall not
transfer jurisdiction. If an affidavit objecting to the transfer of
jurisdiction is not timely filed, paragraph (1) shall apply.
   (3) For the purpose of this section, "county of placement" means
the county where the court orders the committed person to be placed
for conditional release.
   (4) For the purpose of this section, "designated attorney of the
county of placement" means the attorney designated in subdivision (l)
of Section 6601 in the county of placement.
   (5) This section shall not be construed to negate or in any way
affect the decision of the court of the county of commitment to
conditionally release the committed person in the county of
placement.



6608.7.  The State Department of State Hospitals may enter into an
interagency agreement or contract with the Department of Corrections
and Rehabilitation or with local law enforcement agencies for
services related to supervision or monitoring of sexually violent
predators who have been conditionally released into the community
under the forensic conditional release program pursuant to this
article.



6608.8.  (a) For any person who is proposed for community outpatient
treatment under the forensic conditional release program, the
department shall provide to the court a copy of the written contract
entered into with any public or private person or entity responsible
for monitoring and supervising the patient's outpatient placement and
treatment program. This subdivision does not apply to subcontracts
between the contractor and clinicians providing treatment and related
services to the person.
   (b) The terms and conditions of conditional release shall be
drafted to include reasonable flexibility to achieve the aims of
conditional release, and to protect the public and the conditionally
released person.
   (c) The court in its discretion may order the department to,
notwithstanding Section 4514 or 5328, provide a copy of the written
terms and conditions of conditional release to the sheriff or chief
of police, or both, that have jurisdiction over the proposed or
actual placement community.
   (d) (1) Except in an emergency, the department or its designee
shall not alter the terms and conditions of conditional release
without the prior approval of the court.
   (2) The department shall provide notice to the person committed
under this article and the district attorney or designated county
counsel of any proposed change in the terms and conditions of
conditional release.
   (3) The court on its own motion, or upon the motion of either
party to the action, may set a hearing on the proposed change. The
hearing shall be held as soon as is practicable.
   (4) If a hearing on the proposed change is held, the court shall
state its findings on the record. If the court approves a change in
the terms and conditions of conditional release without a hearing,
the court shall issue a written order.
   (5) In the case of an emergency, the department or its designee
may deviate from the terms and conditions of the conditional release
if necessary to protect public safety or the safety of the person. If
a hearing on the emergency is set by the court or requested by
either party, the hearing shall be held as soon as practicable. The
department, its designee, and the parties shall endeavor to resolve
routine matters in a cooperative fashion without the need for a
formal hearing.
   (e) Notwithstanding any provision of this section, including, but
not limited to, subdivision (d), matters concerning the residential
placement, including any changes or proposed changes in the residence
of the person, shall be considered and determined pursuant to
Section 6609.1.



6609.  Within 10 days of a request made by the chief of police of a
city or the sheriff of a county, the State Department of State
Hospitals shall provide the following information concerning each
person committed as a sexually violent predator who is receiving
outpatient care in a conditional release program in that city or
county: name, address, date of commitment, county from which
committed, date of placement in the conditional release program,
fingerprints, and a glossy photograph no smaller than 3 1/8 × 3 1/8
inches in size, or clear copies of the fingerprints and photograph.




6609.1.  (a) (1) When the State Department of State Hospitals makes
a recommendation to the court for community outpatient treatment for
any person committed as a sexually violent predator, or when a person
who is committed as a sexually violent predator pursuant to this
article has petitioned a court pursuant to Section 6608 for
conditional release under supervision and treatment in the community
pursuant to a conditional release program, or has petitioned a court
pursuant to Section 6608 for subsequent unconditional discharge, and
the department is notified, or is aware, of the filing of the
petition, and when a community placement location is recommended or
proposed, the department shall notify the sheriff or chief of police,
or both, the district attorney, or the county's designated counsel,
that have jurisdiction over the following locations:
   (A) The community in which the person may be released for
community outpatient treatment.
   (B) The community in which the person maintained his or her last
legal residence as defined by Section 3003 of the Penal Code.
   (C) The county that filed for the person's civil commitment
pursuant to this article.
   (2) The department shall also notify the Sexually Violent Predator
Parole Coordinator of the Department of Corrections and
Rehabilitation, if the person is otherwise subject to parole pursuant
to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1
of Part 3 of the Penal Code. The department shall also notify the
Department of Justice.
   (3) The notice shall be given when the department or its designee
makes a recommendation under subdivision (e) of Section 6608 or
proposes a placement location without making a recommendation, or
when any other person proposes a placement location to the court and
the department or its designee is made aware of the proposal.
   (4) The notice shall be given at least 30 days prior to the
department's submission of its recommendation to the court in those
cases in which the department recommended community outpatient
treatment under Section 6607, or in which the department or its
designee is recommending or proposing a placement location, or in the
case of a petition or placement proposal by someone other than the
department or its designee, within 48 hours after becoming aware of
the petition or placement proposal.
   (5) The notice shall state that it is being made under this
section and include all of the following information concerning each
person committed as a sexually violent predator who is proposed or is
petitioning to receive outpatient care in a conditional release
program in that city or county:
   (A) The name, proposed placement address, date of commitment,
county from which committed, proposed date of placement in the
conditional release program, fingerprints, and a glossy photograph no
smaller than 3 1/8 by 3 1/8 inches in size, or clear copies of the
fingerprints and photograph.
   (B) The date, place, and time of the court hearing at which the
location of placement is to be considered and a proof of service
attesting to the notice's mailing in accordance with this
subdivision.
   (C) A list of agencies that are being provided this notice and the
addresses to which the notices are being sent.
   (b) Those agencies receiving the notice referred to in paragraphs
(1) and (2) of subdivision (a) may provide written comment to the
department and the court regarding the impending release, placement,
location, and conditions of release. All community agency comments
shall be combined and consolidated. The written comment shall be
filed with the court at the time that the comment is provided to the
department. The written comment shall identify differences between
the comment filed with the court and that provided to the department,
if any. In addition, a single agency in the community of the
specific proposed or recommended placement address may suggest
appropriate, alternative locations for placement within that
community. A copy of the suggested alternative placement location
shall be filed with the court at the time that the suggested
placement location is provided to the department. The State
Department of State Hospitals shall issue a written statement to the
commenting agencies and to the court within 10 days of receiving the
written comments with a determination as to whether to adjust the
release location or general terms and conditions, and explaining the
basis for its decision. In lieu of responding to the individual
community agencies or individuals, the department's statement
responding to the community comment shall be in the form of a public
statement.
   (c) The agencies' comments and department's statements shall be
considered by the court which shall, based on those comments and
statements, approve, modify, or reject the department's
recommendation or proposal regarding the community or specific
address to which the person is scheduled to be released or the
conditions that shall apply to the release if the court finds that
the department's recommendation or proposal is not appropriate.
   (d) (1) When the State Department of State Hospitals makes a
recommendation to pursue recommitment, makes a recommendation not to
pursue recommitment, or seeks a judicial review of commitment status
pursuant to subdivision (f) of Section 6605, of any person committed
as a sexually violent predator, it shall provide written notice of
that action to the sheriff or chief of police, or both, and to the
district attorney, that have jurisdiction over the following
locations:
   (A) The community in which the person maintained his or her last
legal residence as defined by Section 3003 of the Penal Code.
   (B) The community in which the person will probably be released,
if recommending not to pursue recommitment.
   (C) The county that filed for the person's civil commitment
pursuant to this article.
   (2) The State Department of State Hospitals shall also notify the
Sexually Violent Predator Parole Coordinator of the Department of
Corrections and Rehabilitation, if the person is otherwise subject to
parole pursuant to Article 1 (commencing with Section 3000) of
Chapter 8 of Title 1 of Part 3 of the Penal Code. The State
Department of State Hospitals shall also notify the Department of
Justice. The notice shall be made at least 15 days prior to the
department's submission of its recommendation to the court.
   (3) Those agencies receiving the notice referred to in this
subdivision shall have 15 days from receipt of the notice to provide
written comment to the department regarding the impending release. At
the time that the written comment is made to the department, a copy
of the written comment shall be filed with the court by the agency or
agencies making the comment. Those comments shall be considered by
the department, which may modify its decision regarding the community
in which the person is scheduled to be released, based on those
comments.
   (e) (1) If the court orders the release of a sexually violent
predator, the court shall notify the Sexually Violent Predator Parole
Coordinator of the Department of Corrections and Rehabilitation. The
Department of Corrections and Rehabilitation shall notify the
Department of Justice, the State Department of State Hospitals, the
sheriff or chief of police or both, and the district attorney, that
have jurisdiction over the following locations:
   (A) The community in which the person is to be released.
   (B) The community in which the person maintained his or her last
legal residence as defined in Section 3003 of the Penal Code.
   (2) The Department of Corrections and Rehabilitation shall make
the notifications required by this subdivision regardless of whether
the person released will be serving a term of parole after release by
the court.
   (f) If the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 300) of Chapter 8 of Title 1 of
Part 3 of the Penal Code, to allow adequate time for the Department
of Corrections and Rehabilitation to make appropriate parole
arrangements upon release of the person, the person shall remain in
physical custody for a period not to exceed 72 hours or until parole
arrangements are made by the Sexually Violent Predator Parole
Coordinator of the Department of Corrections and Rehabilitation,
whichever is sooner. To facilitate timely parole arrangements,
notification to the Sexually Violent Predator Parole Coordinator of
the Department of Corrections and Rehabilitation of the pending
release shall be made by telephone or facsimile and, to the extent
possible, notice of the possible release shall be made in advance of
the proceeding or decision determining whether to release the person.
   (g) The notice required by this section shall be made whether or
not a request has been made pursuant to Section 6609.
   (h) The time limits imposed by this section are not applicable
when the release date of a sexually violent predator has been
advanced by a judicial or administrative process or procedure that
could not have reasonably been anticipated by the State Department of
State Hospitals and where, as the result of the time adjustments,
there is less than 30 days remaining on the commitment before the
inmate's release, but notice shall be given as soon as practicable.
   (i) In the case of any subsequent community placement or change of
community placement of a conditionally released sexually violent
predator, notice required by this section shall be given under the
same terms and standards as apply to the initial placement, except in
the case of an emergency where the sexually violent predator must be
moved to protect the public safety or the safety of the sexually
violent predator. In the case of an emergency, the notice shall be
given as soon as practicable, and the affected communities may
comment on the placement as described in subdivision (b).
   (j) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.



6609.2.  (a) When any sheriff or chief of police is notified by the
State Department of State Hospitals of its recommendation to the
court concerning the disposition of a sexually violent predator
pursuant to subdivision (a) or (b) of Section 6609.1, that sheriff or
chief of police may notify any person designated by the sheriff or
chief of police as an appropriate recipient of the notice.
   (b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.




6609.3.  (a) At the time a notice is sent pursuant to subdivisions
(a) and (b) of Section 6609.1, the sheriff, chief of police, or
district attorney notified of the release shall also send a notice to
persons described in Section 679.03 of the Penal Code who have
requested a notice, informing those persons of the fact that the
person who committed the sexually violent offense may be released
together with information identifying the court that will consider
the conditional release, recommendation regarding recommitment, or
review of commitment status pursuant to subdivision (f) of Section
6605. When a person is approved by the court to be conditionally
released, notice of the community in which the person is scheduled to
reside shall also be given only if it is (1) in the county of
residence of a witness, victim, or family member of a victim who has
requested notice, or (2) within 100 miles of the actual residence of
a witness, victim, or family member of a victim who has requested
notice. If, after providing the witness, victim, or next of kin with
the notice, there is any change in the release date or the community
in which the person is to reside, the sheriff, chief of police, or
the district attorney shall provide the witness, victim, or next of
kin with the revised information.
   (b) At the time a notice is sent pursuant to subdivision (c) of
Section 6609.1 the Department of Corrections shall also send a notice
to persons described in Section 679.03 of the Penal Code who have
requested a notice informing those persons of the fact that the
person who committed the sexually violent offense has been released.
   (c) In order to be entitled to receive the notice set forth in
this section, the requesting party shall keep the sheriff, chief of
police, and district attorney who were notified under Section 679.03
of the Penal Code, informed of his or her current mailing address.