BILL NUMBER: AB 1967 CHAPTERED 07/11/02 CHAPTER 139 FILED WITH SECRETARY OF STATE JULY 11, 2002 APPROVED BY GOVERNOR JULY 10, 2002 PASSED THE SENATE JUNE 27, 2002 PASSED THE ASSEMBLY MAY 2, 2002 AMENDED IN ASSEMBLY APRIL 29, 2002 AMENDED IN ASSEMBLY APRIL 10, 2002 INTRODUCED BY Assembly Member Zettel FEBRUARY 14, 2002 An act to amend Section 6609.1 of the Welfare and Institutions Code, relating to sexually violent predators. LEGISLATIVE COUNSEL'S DIGEST AB 1967, Zettel. Sexually violent predators: notification: change in status. Existing law provides for the civil commitment of an inmate determined to be a defined sexually violent predator. Existing law defines a "sexually violent predator" as a person who has been convicted of a sexually violent offense against 2 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 if discharged. Existing law permits a person committed as a sexually violent predator to petition the court for conditional release from commitment to receive supervision and treatment in the community pursuant to a conditional release program for one year, or to petition the court for subsequent unconditional discharge. Existing law requires that the State Department of Mental Health notify certain law enforcement entities when the department makes a recommendation to the court for community outpatient treatment for any person committed as a sexually violent predator. This bill would also require the department to notify these law enforcement entities when a person committed as a sexually violent predator has petitioned a court for outpatient care in a conditional release program or has petitioned a court for subsequent unconditional discharge, if the department has been notified or is aware of the filing of the petition. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6609.1 of the Welfare and Institutions Code is amended to read: 6609.1. (a) When the State Department of Mental Health 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, 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: (1) The community in which the person may be released for community outpatient treatment. (2) The community in which the person maintained his or her last legal residence as defined by Section 3003 of the Penal Code. (3) The county that filed for the person's civil commitment pursuant to this article. The department shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections, 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 notice shall be given at least 15 days prior to the department' s submission of its recommendation to the court in those cases in which the department recommended community outpatient treatment. (b) When the State Department of Mental Health 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: (1) The community in which the person maintained his or her last legal residence as defined by Section 3003 of the Penal Code. (2) The community in which the person will probably be released, if recommending not to pursue recommitment. (3) The county that filed for the person's civil commitment pursuant to this article. The State Department of Mental Health shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections, 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 notice shall be made at least 15 days prior to the department's submission of its recommendation to the court. 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. 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. (c) 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. The Department of Corrections shall notify the State Department of Mental Health, the sheriff or chief of police, or both, and the district attorney, that have jurisdiction over the following locations: (1) The community in which the person is to be released. (2) The community in which the person maintained his or her last legal residence as defined in Section 3003 of the Penal Code. The Department of Corrections 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. (d) 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 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, whichever is sooner. To facilitate timely parole arrangements, notification to the Sexually Violent Predator Parole Coordinator of the Department of Corrections 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. (e) The notice required by this section shall be made whether or not a request has been made pursuant to Section 6609. (f) 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 Mental Health 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. In no case shall notice required by this section to the appropriate agency be later than the day of release. (g) 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.