BILL NUMBER: AB 768 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 21, 2013
An act to amend Section 6608.5 of the Welfare and Institutions
Code, relating to sexually violent predators.
LEGISLATIVE COUNSEL'S DIGEST
AB 768, as amended, Achadjian. Sexually violent predators:
conditional release.
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.
Existing law authorizes the conditional release of a sexually violent
predator under specified circumstances. Existing law requires
that a person who is conditionally released must be released to his
or her county of domicile unless extraordinary circumstances, as
defined, are present. Proposition 83 of the November 7, 2006,
statewide general election, made various changes to the sexually
violent predator civil commitment process. Proposition 83 permits the
Legislature to amend its provisions, either by a 2/3 vote of the
membership of each house, or by majority vote of the membership of
each house if the amendments expand the scope of the application of
the provisions of the proposition or increase the punishments or
penalties provided in the proposition.
This bill would prohibit a sexually violent predator who has been
granted conditional release from being released as a transient in any
county. county or being placed in housing
that consists of a recreational or other vehicle. The bill would also
declare that extraordinary circumstances justifying the placement of
a person who has been granted conditional release in a county other
than his or her county of domicile are present when housing, as
specified, cannot be located within the county of domicile
within 180 days of a court ordering that the person be conditionally
released.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6608.5 of the Welfare and Institutions Code is
amended to read:
6608.5. (a) A person who is conditionally released pursuant to
this article shall be placed in the county of the domicile of the
person prior to the person's incarceration, unless the court finds
that extraordinary circumstances require placement outside the county
of domicile. Under no circumstances shall a person who is granted
conditional release be released as a transient in any
county. county or placed in housing that
consists of a recreational or other vehicle.
(b) (1) For the purposes of this section, "county of domicile"
means the county where the person has his or her true, fixed, and
permanent home and principal residence and to which he or she has
manifested the intention of returning whenever he or she is absent.
For the purposes of determining the county of domicile, the court may
consider information found on a California driver's license,
California identification card, recent rent or utility receipt,
printed personalized checks or other recent banking documents showing
that person's name and address, or information contained in an
arrest record, probation officer's report, trial transcript, or other
court document. If no information can be identified or verified, the
county of domicile of the individual shall be considered to be the
county in which the person was arrested for the crime for which he or
she was last incarcerated in the state prison or from which he or
she was last returned from parole.
(2) In a case where the person committed a crime while being held
for treatment in a state hospital, or while being confined in a state
prison or local jail facility, the county wherein that facility was
located shall not be considered the county of domicile unless the
person resided in that county prior to being housed in the hospital,
prison, or jail.
(c) For the purposes of this section, "extraordinary circumstances"
means circumstances that would inordinately limit the department's
ability to effect conditional release of the person in the county of
domicile in accordance with Section 6608 or any other provision of
this article, and the procedures described in Sections 1605 to 1610,
inclusive, of the Penal Code. Extraordinary circumstances shall
be deemed present when fixed, permanent housing that does not consist
of a recreational or other vehicle cannot be located within the
county of domicile within 180 days of a court ordering that the
person be conditionally released.
(d) The county of domicile shall designate a county agency or
program that will provide assistance and consultation in the process
of locating and securing housing within the county for persons
committed as sexually violent predators who are about to be
conditionally released under Section 6608. Upon notification by the
department of a person's potential or expected conditional release
under Section 6608, the county of domicile shall notify the
department of the name of the designated agency or program, at least
60 days before the date of the potential or expected release.
(e) In recommending a specific placement for community outpatient
treatment, the department or its designee shall consider all of the
following:
(1) The concerns and proximity of the victim or the victim's next
of kin.
(2) The age and profile of the victim or victims in the sexually
violent offenses committed by the person subject to placement. For
purposes of this subdivision, the "profile" of a victim includes, but
is not limited to, gender, physical appearance, economic background,
profession, and other social or personal characteristics.
(f) Notwithstanding any other provision of law, a person released
under this section shall not be placed within one-quarter mile of any
public or private school providing instruction in kindergarten or
any of grades 1 to 12, inclusive, if either of the following
conditions exist:
(1) The person has previously been convicted of a violation of
Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 of, the Penal Code.
(2) The court finds that the person has a history of improper
sexual conduct with children.