BILL ANALYSIS Ó
SB 179
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Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 179 (Pavley) - As Amended: July 13, 2011
Policy Committee: Public Safety
Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill delays the start of the parole period for any person
subject to commitment as a sexually violent predator (SVP), from
the time of release from state prison until a court orders an
unconditional discharge, if that person is committed to the
Department of Mental Health as an SVP.
(Currently the parole period begins when an offender is found to
be an SVP, which may follow several years of DMH civil
confinement and the SVP-determining process.)
FISCAL EFFECT
Unknown, potentially significant, in the low hundreds of
thousands of dollars, out-year annual GF costs for more costly
parole supervision.
Costs would depend on a number of factors, including when the
offender was convicted, which determines the length of the
parole period. Many sex offenders now face 10-year or even
lifetime parole supervision, due to statutory changes in the
past several years, while many current offenders were sentenced
under statute that provides for a three-year parole period.
For purpose of illustration, if two SVPs were released per year
and as a result of the parole tolling proposed by this bill, had
to serve an additional three years on parole, with a
differential of about $25,000 between a banked parole caseload
while in a state mental hospital, and a full services sex
offender parole caseload, the increase would be in the range of
$150,000 after three years with continuing increases thereafter.
SB 179
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COMMENTS
1)Rationale . Sponsored by the L.A. D.A., the intent of the bill
is to begin parole once an SVP leaves the state hospital,
rather than using up potentially years of parole services and
control while the offender is in a state hospital.
Currently parole begins once the offender leaves prison for a
civil SVP commitment in a state hospital. Parole is then
delayed - or tolled - once the offender is determined to be an
SVP, and begins again when the SVP is released from the state
hospital. As a result, for the period of time it takes to
determine whether the offender actually is an SVP, which can
take several years, the parole period overlaps the DMH
commitment.
2)Support . The L.A. D.A. notes, "SB 179 would not create or
expand the parole period required to be served by any
offender. Rather the bill would ensure that all offenders
serve the required parole period. SB 179 also does not cause a
person found not to be a SVP to spend more time in custody. If
an offender is found not to be an SVP, he or she is released
from the state mental hospital and, under this bill, would
then begin serving the mandated parole period. This is the
same parole period the offender would have served if there was
no SVP proceeding."
3)Technical amendments are necessary to clarify drafting and
correct section numbering.
4)The DMH Sex Offender Commitment Program , which began in 1996,
defines an SVP as a person who has been convicted of a
specified sexually violent offense against one or more
persons, who has a diagnosed mental disorder that makes the
person a danger to the health or safety of others. When CDCR
determines an inmate may be an SVP, the director refers the
person to DMH for evaluation. A hearing is held to determine
whether there is probable cause to believe a person who is the
subject of a petition for civil commitment as an SVP is likely
to engage in sexually violent predatory criminal behavior upon
release. If so determined, there is a jury trial to determine
whether beyond a reasonable doubt the person is an SVP. Upon
such a finding, the person is held for two years, with annual
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reviews, or until the Director of DMH finds the person is no
longer likely to commit a sexually violent offense.
Since the advent of the program, 45,539 offenders have been
referred to DMH for SVP evaluation. Of this number: 1,820 met
the clinical evaluation requirement and were referred to
district attorneys, 1,274 were found to have probable cause;
358 have a trial pending, and 717 have been committed to the
program.
(The criteria for SVP evaluation has broadened significantly
since 1996, largely via Proposition 83 (2006), also known as
Jessica's Law, with no increase in the number of offenders
ultimately found to be SVPs, following lengthy and costly
evaluations.)
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081