BILL NUMBER: SB 383	CHAPTERED  08/29/05

	CHAPTER  137
	FILED WITH SECRETARY OF STATE  AUGUST 29, 2005
	APPROVED BY GOVERNOR  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 15, 2005
	PASSED THE ASSEMBLY  JULY 7, 2005
	AMENDED IN ASSEMBLY  JULY 1, 2005
	AMENDED IN ASSEMBLY  JUNE 15, 2005

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 17, 2005

   An act to add Section 6608.7 to the Welfare and Institutions Code,
relating to mental health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 383, Maldonado  State Department of Mental Health: sexually
violent predators.
   Existing law requires the Director of Corrections, prior to the
release of a person from custody resulting from conviction for
certain crimes of a sexual nature against 2 or more victims, to refer
the person to the State Department of Mental Health for evaluation.
The law authorizes civil commitment, as a sexually violent predator,
to the custody of the State Department of Mental Health for treatment
of the person's diagnosed mental disorder if the person is
adjudicated to be likely to engage in sexually violent criminal
behavior if discharged.
   Under existing law, if the Director of Mental Health determines
that the committed person's diagnosed mental disorder has so changed
that the person is no longer likely to commit acts of predatory
sexual violence while under supervision and treatment in the
community, the director is required to forward a report and
recommendation for conditional release to the superior court and the
court is required to set a hearing. Also, under existing law, a
person who has been committed as a sexually violent predator may
petition the court for conditional release with or without the
recommendation or concurrence of the Director of Mental Health.
   Under existing law, if the court determines that the committed
person no longer poses a danger, the court is required to order the
committed person placed for one year with an appropriate forensic
conditional release program operated by the state.
   This bill would authorize the State Department of Mental Health to
enter into an interagency agreement or contract with the Department
of Corrections 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.


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


  SECTION 1.  Section 6608.7 is added to the Welfare and Institutions
Code, to read:
   6608.7.  The State Department of Mental Health may enter into an
interagency agreement or contract with the Department of Corrections
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.