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 ----------------------------------------------------------------- |Ayes:|Arambula, Hagman, | | | | |Ammiano, Furutani, | | | | |Gilmore, Hill, Ma | | | | | | | | ----------------------------------------------------------------- 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. SB 669 Page 2 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 Page 3 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 FN: 0001733