BILL NUMBER: AB 1607	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        FEBRUARY 5, 2014

   An act to amend Section 6608 of the Welfare and Institutions Code,
relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1607, as introduced, Fox. Sexually violent predators.
   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 requires the Secretary of the Department of Corrections
and Rehabilitation to refer a prisoner for evaluation by the State
Department of State Hospitals when the secretary determines that the
person may be a sexually violent predator and specifies the judicial
processes necessary for civil commitment as a sexually violent
predator, including, but not limited to, the right to a jury trial.
Existing law establishes provisions by which a committed person may
petition for conditional release. Existing law requires the court, if
it decides a petition for conditional release is not frivolous, to
give notice, as specified, at least 30 court days prior to the
hearing date for the petition.
   This bill would instead require the court to give notice of the
petition hearing at least 35 court days prior to the hearing date.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6608 of the Welfare and Institutions Code is
amended to read:
   6608.  (a) A person who has been committed as a sexually violent
predator  shall be permitted to   may 
petition the court for conditional release with or without the
recommendation or concurrence of the Director of State Hospitals. If
a person has previously filed a petition for conditional release
without the concurrence of the director and the court determined,
either upon review of the petition or following a hearing, that the
petition was frivolous or that the committed person's condition had
not so changed that he or she would not be a danger to others in that
it is not likely that he or she will engage in sexually violent
criminal behavior if placed under supervision and treatment in the
community,  then  the court shall deny the
subsequent petition unless it contains facts upon which a court could
find that the condition of the committed person had so changed that
a hearing was warranted. Upon receipt of a first or subsequent
petition from a committed person without the concurrence of the
director, the court shall endeavor whenever possible to review the
petition and determine if it is based upon frivolous grounds and, if
so, shall deny the petition without a hearing. The person petitioning
for conditional release under this subdivision shall be entitled to
assistance of counsel. The person petitioning for conditional release
shall serve a copy of the petition on the State Department of State
Hospitals at the time the petition is filed with the court.
   (b) If the court deems the petition not frivolous pursuant to
subdivision (a), the court shall give notice of the hearing date to
the attorney designated in subdivision (i) of Section 6601, the
retained or appointed attorney for the committed person, and the
Director of State Hospitals at least  30   35
 court days before the hearing date.
   (c) If the petition for conditional release is made without the
consent of the director of the treatment facility, no action shall be
taken on the petition by the court without first obtaining the
written recommendation of the director of the treatment facility.
   (d) No hearing upon the petition shall be held until the person
who is committed has been under commitment for confinement and care
in a facility designated by the Director of State Hospitals for not
less than one year from the date of the order of commitment. No
hearing upon the petition shall be held until the community program
director designated by the State Department of State Hospitals
submits a report to the court that makes a recommendation as to the
appropriateness of placing the person in a state-operated forensic
conditional release program.
   (e) The court shall hold a hearing to determine whether the person
committed would be 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 due to his or her diagnosed mental disorder if
under supervision and treatment in the community. The attorney
designated pursuant to subdivision (i) of Section 6601 shall
represent the state and shall have the committed person evaluated by
experts chosen by the state. The committed person shall have the
right to the appointment of experts, if he or she so requests. If the
court at the hearing determines that the committed person would not
be a danger to others due to his or her diagnosed mental disorder
while under supervision and treatment in the community, the court
shall order the committed person placed with an appropriate forensic
conditional release program operated by the state for one year. A
substantial portion of the state-operated forensic conditional
release program shall include outpatient supervision and treatment.
The court shall retain jurisdiction of the person throughout the
course of the program.
   (f) Before placing a committed person in a state-operated forensic
conditional release program, the community program director
designated by the State Department of State Hospitals shall submit a
written recommendation to the court stating which forensic
conditional release program is most appropriate for supervising and
treating the committed person. If the court does not accept the
community program director's recommendation, the court shall specify
the reason or reasons for its order on the record. The procedures
described in Sections 1605 to 1610, inclusive, of the Penal Code
shall apply to the person placed in the forensic conditional release
program.
   (g) If the court determines that the person should be transferred
to a state-operated forensic conditional release program, the
community program director, or his or her designee, shall make the
necessary placement arrangements and, within 30 days after receiving
notice of the court's finding, the person shall be placed in the
community in accordance with the treatment and supervision plan
unless good cause for not doing so is presented to the court.
   (h) If the court denies the petition to place the person in an
appropriate forensic conditional release program, the person may not
file a new application until one year has elapsed from the date of
the denial.
   (i) In a hearing authorized by this section, the committed person
shall have the burden of proof by a preponderance of the evidence,
unless the report required by Section 6604.9 determines that
conditional release to a less restrictive alternative is in the best
interest of the person and that conditions can be imposed that would
adequately protect the community, in which case the burden of proof
shall be on the state to show, by a preponderance of the evidence,
that conditional release is not appropriate.
   (j) Time spent in a conditional release program pursuant to this
section shall not count toward the term of commitment under this
article unless the person is confined in a locked facility by the
conditional release program, in which case the time spent in a locked
facility shall count toward the term of commitment.
   (k) After a minimum of one year on conditional release, the
committed person, with or without the recommendation or concurrence
of the Director of State Hospitals, may petition the court for
unconditional discharge. The court shall use the procedures described
in subdivisions (a) and (b) of Section 6605 to determine if the
person should be unconditionally discharged from commitment on the
basis that, by reason of a diagnosed mental disorder, he or she is no
longer a danger to the health and safety of others in that it is not
likely that he or she will engage in sexually violent criminal
behavior.