BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 669
                                                                  Page  1


          SENATE THIRD READING
          SB 669 (Hollingsworth)
          As Amended  May 5, 2009
          Majority vote 

           SENATE VOTE  :38-0  
           
           PUBLIC SAFETY       7-0                                         
           
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          |Ayes:|Arambula, Hagman,         |     |                          |
          |     |Ammiano, Furutani,        |     |                          |
          |     |Gilmore, Hill, Ma         |     |                          |
          |     |                          |     |                          |
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           SUMMARY  : Provides that, in a trial to determine whether or not a  
          person is still a sexually violent predator (SVP), the court  
          shall instruct the jury that failure to participate in or  
          complete the prescribed sex offender treatment may be considered  
          evidence that a person's condition has not changed.   
          Specifically,  this bill  :  

          1)States that where the SVP'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. 

          2)Provides that the jury shall be instructed as follows:  "[T]he  
            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."

           EXISTING LAW  :

          1)Defines a "sexually violent predator" as an inmate who has  
            been 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.  









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          2)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."  

          3)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 SVP," or for conditional release.  (WIC  
            Section 6605.)  The provisions of WIC Section 6605 describe  
            procedures only for trial of the issue of whether the patient  
            should be unconditionally released.  The section does not  
            describe procedures for determination of the issue of  
            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.  

          4)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 or she can be released into the community under  
            supervision.  

          5)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 WIC  
            Section 7250.  

          6)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 SVP, the person shall be  
            unconditionally discharged.  

           FISCAL EFFECT  :   None

           COMMENTS  :   According to the author, "The Sexually Violent  
          Predator Act went into effect on January 1, 1996.  These  
          statutes established a new category of civil commitment for  
          persons classified as Sexually Violent Predators (SVPs).  In  
          establishing the SVP Act, the California Legislature declared  
          that there is a small group of extremely dangerous offenders  
          with diagnosed mental disorders that can be readily identified  








                                                                  SB 669
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          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 victims and provides for an indeterminate commitment.   
          Currently there are roughly 768 SVPs in state mental facilities.  
           Completion of a treatment program is not currently a condition  
          of release under state law.  In fact, a vast majority of  
          adjudicated SVPs refuse treatment while in a state hospital.   
          According to the Department of Mental Health, 70% of SVPs are  
          currently refusing treatment.  Under this bill, a SVP's refusal  
          to engage in treatment may be considered evidence that his or  
          her condition has not changed.  Recent amendments taken in  
          Senate Public Safety seek to clarify jury instruction in these  
          cases."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 


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