BILL NUMBER: AB 1683	CHAPTERED  09/20/06

	CHAPTER  339
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 21, 2006
	AMENDED IN SENATE  JUNE 9, 2005
	AMENDED IN ASSEMBLY  MAY 4, 2005
	AMENDED IN ASSEMBLY  APRIL 11, 2005
	AMENDED IN ASSEMBLY  MARCH 31, 2005

INTRODUCED BY   Assembly Member Shirley Horton

                        FEBRUARY 22, 2005

   An act to add Section 6608.8 to the Welfare and Institutions Code,
relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1683, Shirley Horton  Sex offenders.
   Existing law requires the Director of Corrections and
Rehabilitation, prior to the release of a person from custody
convicted of 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 for a 2-year
term, as a sexually violent predator, 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, and if the court determines
that the person does not pose a danger, it is required to order a
one-year community placement with an appropriate forensic conditional
release program operated by the state. The law authorizes the
department to contract with the county or private providers for
community supervision and treatment.
   Existing law, with certain exceptions, requires a nonparolee who
is conditionally released under these provisions to be placed in the
county of domicile. The law requires the department to notify certain
persons of the proposed community placement, including, but not
limited to, the sheriff or chief of police.
   This bill would require the department to provide the court with a
copy of the written contract entered into with any public or private
person or entity to monitor or supervise the patient's outpatient
placement and treatment program and would authorize the court to
order the department to provide copies of the agreement to prescribed
local officials.
   This bill would, with certain exceptions, prohibit the department
or its designee from altering any of the terms and conditions of
outpatient treatment without court approval.


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


  SECTION 1.  Section 6608.8 is added to the Welfare and Institutions
Code, to read:
   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 residential
of the person, shall be considered and determined pursuant to Section
6609.1.