BILL NUMBER: SB 669 CHAPTERED
BILL TEXT
CHAPTER 61
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE MAY 14, 2009
PASSED THE ASSEMBLY JULY 13, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Hollingsworth
FEBRUARY 27, 2009
An act to amend Section 6605 of the Welfare and Institutions Code,
relating to sexually violent predators.
LEGISLATIVE COUNSEL'S DIGEST
SB 669, Hollingsworth. Sexually violent predators.
Existing law provides that the Director of Mental Health shall
provide each person who is committed as a sexually violent predator
with an annual written report which shall include consideration of
whether the committed person currently meets the definition of a
sexually violent predator and whether conditional or unconditional
release is in the best interests of the committed person and the
community, as specified.
Existing law also provides that if the department determines that
the person is no longer a sexually violent predator or conditional
release is in the best interests of the person and that conditions
can be imposed to adequately protect the community, the director
shall authorize the committed person to petition the court for
conditional release or unconditional discharge, as specified.
Existing law further provides that, upon receipt of a petition for
conditional release or unconditional discharge, the court shall hold
a show cause hearing to determine that probable cause exists to
believe that the person's diagnosed mental disorder has so changed
that he or she is not a danger or likely to engage in sexually
violent criminal behavior if discharged. If probable cause is found,
then the court shall set a hearing on the issue.
This bill would require that, at the hearing on the issue of
whether the committed person should be conditionally released or
unconditionally 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 that supports that
reliance, the jury be instructed that the committed person's failure
to participate in or complete the State Department of Mental Health
Sex Offender Commitment Program may, if proved, be considered
evidence that his or her condition has not changed.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6605 of the Welfare and Institutions Code is
amended to read:
6605. (a) A person found to be a sexually violent predator and
committed to the custody of the State Department of Mental Health
shall have a current examination of his or her mental condition made
at least once every year. 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 or an unconditional release
is in the best interest of the person and conditions can be imposed
that would adequately protect the community. The State Department of
Mental Health shall file this periodic report with the court that
committed the person under this article. The report shall be in the
form of a declaration and shall be prepared by a professionally
qualified person. A copy of the report shall be served on the
prosecuting agency involved in the initial commitment and upon the
committed 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) If the State Department of Mental Health determines that
either: (1) the person's condition has so changed that the person no
longer meets the definition of a sexually violent predator, 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. The court, upon receipt of
the petition for conditional release to a less restrictive
alternative or 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.
(c) 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.
(d) 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 Mental Health 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."
(e) If the court or jury rules against the committed person at the
hearing conducted pursuant to subdivision (d), the term of
commitment of the person shall run for an indeterminate period from
the date of this ruling. If the court or jury rules for the committed
person, he or she shall be unconditionally released and
unconditionally discharged.
(f) In the event that the State Department of Mental Health 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.