BILL NUMBER: SB 760 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 18, 2012
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY JUNE 28, 2011
AMENDED IN SENATE MAY 25, 2011
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Alquist
FEBRUARY 18, 2011
An act to add Section 69433.3 the Education Code,
relating to postsecondary education amend Section 6603
of the Welfare and Institutions Code, relating to mental health, and
declaring the urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
SB 760, as amended, Alquist. Postsecondary education: the
Cal Grant Program. Sexually violent predators:
evaluations.
Existing law provides for the civil commitment of criminal
offenders who have been determined to be sexually violent predators
for treatment in a secure state hospital facility, as specified.
Under existing law, persons to be evaluated for civil commitment are
evaluated by 2 practicing psychiatrists or psychologists, or one
practicing psychiatrist and one practicing psychologist, designated
by the Director of Mental Health. If the evaluators agree, then a
petition for civil commitment may be filed.
Existing law specifies the judicial processes necessary for civil
commitment as a sexually violent predator, including, but not
limited to, the right by the attorney petitioning for commitment to
demand a jury trial and request the State Department of Mental Health
to perform updated evaluations. If one or more of the original
evaluators is no longer available to testify for the petitioner in
court proceedings, existing law authorizes this attorney to request
the State Department of Mental Health to perform replacement
evaluations. Existing law defines when an evaluator is no longer
available to testify for this purpose.
This bill would include an evaluator who has resigned or retired
within the definition of an evaluator who is no longer available to
testify.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program (Cal Grant Program), establishes the Cal Grant A and B
Entitlement Awards, the California Community College Transfer
Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal
Grant C Awards, and the Cal Grant T Awards under the administration
of the Student Aid Commission, and establishes eligibility
requirements for awards under these programs for participating
students attending qualifying institutions.
Existing law requires Cal Grant participating institutions,
beginning in 2012, to annually report to the California Student Aid
Commission enrollment, persistence, and graduation data for all
students and job placement rate and salary and wage information for
each program that is either designed or advertised to lead to a
particular type of job or advertised or promoted with any claim
regarding job placement.
The bill would require the commission to annually report to
specified committees of the Legislature the data, as specified,
reported annually to the commission by Cal Grant participating
institutions and the names of the postsecondary educational
institutions that failed to report.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6603 of the
Welfare and Institutions Code is amended to read:
6603. (a) A person subject to this article shall be entitled to a
trial by jury, to the assistance of counsel, to the right to retain
experts or professional persons to perform an examination on his or
her behalf, and to have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent, the court shall appoint counsel to assist him or her, and,
upon the person's request, assist the person in obtaining an expert
or professional person to perform an examination or participate in
the trial on the person's behalf. Any right that may exist under this
section to request DNA testing on prior cases shall be made in
conformity with Section 1405 of the Penal Code.
(b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
(c) (1) If the attorney petitioning for commitment under this
article determines that updated evaluations are necessary in order to
properly present the case for commitment, the attorney may request
the State Department of Mental Health to perform updated evaluations.
If one or more of the original evaluators is no longer available to
testify for the petitioner in court proceedings, the attorney
petitioning for commitment under this article may request the State
Department of Mental Health to perform replacement evaluations. When
a request is made for updated or replacement evaluations, the State
Department of Mental Health shall perform the requested evaluations
and forward them to the petitioning attorney and to the counsel for
the person subject to this article. However, updated or replacement
evaluations shall not be performed except as necessary to update one
or more of the original evaluations or to replace the evaluation of
an evaluator who is no longer available to testify for the petitioner
in court proceedings. These updated or replacement evaluations shall
include review of available medical and psychological records,
including treatment records, consultation with current treating
clinicians, and interviews of the person being evaluated, either
voluntarily or by court order. If an updated or replacement
evaluation results in a split opinion as to whether the person
subject to this article meets the criteria for commitment, the State
Department of Mental Health shall conduct two additional evaluations
in accordance with subdivision (f) of Section 6601.
(2) For purposes of this subdivision, "no longer available to
testify for the petitioner in court proceedings" means that the
evaluator is no longer authorized by the Director of Mental Health to
perform evaluations regarding sexually violent predators as a result
of any of the following:
(A) The evaluator has failed to adhere to the protocol of the
State Department of Mental Health.
(B) The evaluator's license has been suspended or revoked.
(C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
(D) The evaluator has resigned or retired.
(d) Nothing in this section shall prevent the defense from
presenting otherwise relevant and admissible evidence.
(e) If the person subject to this article or the petitioning
attorney does not demand a jury trial, the trial shall be before the
court without a jury.
(f) A unanimous verdict shall be required in any jury trial.
(g) The court shall notify the State Department of Mental Health
of the outcome of the trial by forwarding to the department a copy of
the minute order of the court within 72 hours of the decision.
(h) Nothing in this section shall limit any legal or equitable
right that a person may have to request DNA testing.
SEC. 2. This act is an urgency statute necessary for
the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to protect communities from a public safety threat, it is
necessary that this act take effect immediately.
SECTION 1. Section 69433.3 is added to the
Education Code, to read:
69433.3. (a) The commission shall annually report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and other appropriate policy committees of the Legislature
the data reported pursuant to Section 69433.2 and the names of the
postsecondary educational institutions that failed to report the data
required pursuant to Section 69433.2.
(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2016, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.