BILL NUMBER: AB 1142	CHAPTERED  09/24/01

	CHAPTER  323
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	PASSED THE SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  AUGUST 22, 2001
	AMENDED IN SENATE  JULY 5, 2001
	AMENDED IN ASSEMBLY  MAY 25, 2001
	AMENDED IN ASSEMBLY  MAY 16, 2001
	AMENDED IN ASSEMBLY  MAY 1, 2001
	AMENDED IN ASSEMBLY  APRIL 4, 2001

INTRODUCED BY   Assembly Member Runner

                        FEBRUARY 23, 2001

   An act to amend Section 6603 of the Welfare and Institutions Code,
relating to sexually violent predators, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1142, Runner.  Sexually violent predators:  evaluators.
   Existing law establishes procedures under which a person under the
jurisdiction of the Department of Corrections may be referred for
evaluation at least 6 months prior to the person's scheduled date for
release from prison if the director determines that the person may
be a sexually violent predator, as defined.  Existing law provides,
under certain circumstances, that this person may be required to
stand trial and, if found beyond a reasonable doubt to be a sexually
violent predator, may be committed to the custody of the State
Department of Mental Health for treatment and confinement in a secure
facility until his or her diagnosed mental disorder has so changed
that he or she is not likely to commit an act of sexual violence.
   Existing law provides that if the attorney petitioning for
commitment determines that updated evaluations are necessary in order
to properly present the case for commitment, the attorney may
request the State Department of Mental Health to perform updated
evaluations.  Existing law further provides that if one or more of
the original evaluators is no longer available to testify in court
proceedings, the attorney petitioning for commitment may request the
State Department of Mental Health to perform replacement evaluations.

   This bill would provide that if one or more of the original
evaluators is unable to testify in court proceedings for the
petitioner, the petitioning attorney may request the State Department
of Mental Health to perform replacement evaluations.  This bill
would also define "no longer available to testify for the petitioner
in court proceedings," for purposes of the above provision, to mean
that the evaluator, for any of specified reasons, is no longer
authorized by the Director of Mental Health to perform evaluations
regarding sexually violent predators.
   Existing law requires that any updated evaluation be provided to
the petitioning attorney.
   This bill would require that any updated evaluation performed be
provided, in addition, to counsel for the person evaluated.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) It is the intent of the Legislature to do all of
the following:
   (1) Clarify existing law with respect to the authority of the
Director of Mental Health to replace evaluators in sexually violent
predator cases.
   (2) Prevent courts in sexually violent predator cases from forcing
petitioners to use witnesses who have been found unfit or unsuitable
by the Director of Mental Health.
   (3) Prevent the release of sexually violent predators by ensuring
that petitioners in sexually violent predator cases have the ability
to present the best available evidence with respect to whether a
person meets the criteria for commitment as a sexually violent
predator.
   (b) It is further the intent of the Legislature that this act
apply retroactively to pending sexually violent predator cases as
well as prospectively.
  SEC. 2.  Section 6603 of the Welfare and Institutions Code is
amended to read:
   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.
   (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 Mental Health 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 Mental Health to perform replacement evaluations.  When
a request is made for updated or replacement evaluations, the State
Department of Mental Health 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 Mental Health 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 Mental Health 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 Mental Health.
   (B) The evaluator's license has been suspended or revoked.
   (C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
   (d) Nothing in this section shall 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 Mental Health
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.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to revise procedures relating to the evaluation of
sexually violent predators to ensure the fairness and effectiveness
of those procedures at the earliest possible time, it is necessary
that this act take effect immediately.