BILL NUMBER: SB 760	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 28, 2012
	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 
 Senators   Alquist   and Pavley 
    (   Coauthor:   Assembly Member  
Galgiani   ) 

                        FEBRUARY 18, 2011

   An act to 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. 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  , with a specified exception, 
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.
   Vote: 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   State
Hospitals  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   State Hospitals  to
perform replacement evaluations. When a request is made for updated
or replacement evaluations, the State Department of  Mental
Health   State Hospitals  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   State
Hospitals  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   State Hospitals  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   State
Hospitals  .
   (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  , unless this
evaluator, in his or her most recent evaluation of the person subject
to this article, opined that the person subject to this article does
not meet the criteria for commitment  .
   (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   State Hospitals  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. 
   (i) Nothing in subparagraph (D) of paragraph (2) of subdivision
(c) shall be construed to affect the authority of the State
Department of State Hospitals to conduct two additional evaluations
when an updated or replacement evaluation results in a split opinion.

  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.