BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 669|
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THIRD READING
Bill No: SB 669
Author: Hollingsworth (R)
Amended: 5/5/09
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/28/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : Trial in sexually violent predator cases: jury
instruction on
failure to participate in treatment
SOURCE : San Diego County District Attorney
DIGEST : This bill provides that, in a trial to determine
whether or not a sexually violent predator patient is still
a sexually violent predator, the court shall instruct the
jury in every case that failure to participate in or
complete the prescribe sex offender treatment may be
considered evidence that a person's condition has not
changed.
ANALYSIS : The Sexually Violent Predator (SVP) law
provides that for civil commitment for psychiatric and
psychological treatment of a prison inmate found to be a
sexually violent predator after the person has served his
or her prison commitment.
Existing law defines a SVP as an inmate "who has been
CONTINUED
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convicted of a sexually violent offense against one 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."
Existing law defines a "diagnosed mental disorder" as one
that includes "a congenital or acquired condition affecting
the emotional or volitional capacity that predisposes the
person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and
safety of others."
Existing law provides that a SVP patient can, with the
concurrence of the Director of the Department of Mental
Health (DMH), petition for unconditional release if the
patient "no longer meets the definition of a sexually
violent predator," or for conditional release. If the
court finds probable cause that the person is no longer a
danger to others, the state must prove in a jury trial that
the person is still a SVP.
Existing law provides that a SVP patient can, without the
concurrence of DMH, petition for conditional release.
Unless the court finds the petition to be frivolous, the
SVP may seek to establish that he can be released into the
community under supervision.
Existing law provides that if DMH determines that a
committed person is no longer a SVP, DMH "shall seek
judicial review of the person's commitment" through a
habeas corpus procedure described in Welfare and
Institutions Code Section 7250.
Existing law provides that if the court in a specified
habeas corpus proceeding (which can be filed by DMH, the
committed person or a relative or friend on behalf of the
person) finds that the person is no longer a sexually
violent predator, the person shall be unconditionally
discharged.
This bill provides that where the person's failure to
participated in or complete treatment is relied upon as
proof that the person's condition has not changed, and
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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
provide, 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/5/09)
San Diego County District Attorney (source)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
Cities of Hement, Menifee, and Wildomar
City of Murietta Police Department
Crime Victims United of California
Los Angeles County District Attorney
Riverside County District Attorney
Riverside Sheriff's Association
San Bernardino County Sheriffs' Department
ARGUMENTS IN SUPPORT : According to the author's office,
"The Sexually Violent Predator Act went into effect on
January 1, 1996. These statutes established a new category
of civil commitment for persons classified a Sexually
Violent Predators (SVPs). In establishing the SVP Act, the
California Legislature declared that there is a small group
of extremely dangerous sexual offenders with diagnosed
mental disorders that can be readily identified while
incarcerated. It further declared that these individuals
are not safe to reside at-large in the community and
represent a danger to the health and safety of others if
they are released. It was the intent of the Legislature
that individuals classified as SVPs be confined and treated
until they no longer present a threat to society. The SVP
law has been amended several times since it was enacted.
Current law defines a SVP as a person who has been
convicted of a sexually violent offense against one or more
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victims and provides for an indeterminate commitment.
Currently, there are roughly 768 SVPs in state mental
facilities."
RLG:cm 5/4/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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