BILL ANALYSIS Ó AB 1607 Page 1 ASSEMBLY THIRD READING AB 1607 (Fox) As Amended May 6, 2014 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, | | |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian | | |Skinner, Stone, Waldron | |Calderon, Campos, | | | | |Donnelly, Eggman, Gomez, | | | | |Holden, Jones, Linder, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, | | | | |Wagner, Weber | | | | | | ----------------------------------------------------------------- SUMMARY : Requires, prior to the court holding a conditional release hearing for a person committed to the Department of State Hospitals (DSH) as a sexually-violent predator (SVP), the court to determine the SVP's county of domicile, as specified, and allows the designated attorney of the determined county of domicile to elect to represent the state at the conditional release hearing. Specifically, this bill : 1)Provides that a person petitioning for conditional release is entitled to assistance of counsel in the conditional release and county of domicile hearings. 2)Provides that the procedure for a conditional release hearing in a case in which the county of domicile has not yet been determined by the court to proceed as follows: a) Requires the court, upon deeming that a conditional release petition is not frivolous, to provide notice to the attorney for the committed person, the designated attorney for the county of commitment, and the Director of State Hospitals of its intent to set a conditional release hearing, and requires these entities to notify the court within 30 court days of receiving the notice of intent if it is alleged that a county other than the county of commitment is the domicile county. b) Requires the court to deem the county of commitment as the AB 1607 Page 2 county of domicile and set a date for the conditional release hearing, with at least 30 court days notice, as specified, if no county, other than the county of commitment, is alleged to be the county of domicile. c) Requires the court to hold a hearing to determine the county of domicile if one or more county, other than the county of commitment, is alleged to be the county of domicile. Allows the designated attorney for any alleged county of domicile, the attorney for the county of commitment, the attorney for the petitioner, and the Director of State Hospitals to file and serve declarations, documentary evidence, and other pleadings, specific to the issue of domicile only, at least 10 court days prior to the hearing. Allows the court, in its discretion, to decide the issue of domicile based upon the pleadings alone or permit such additional argument and testimony as is in the interest of justice. d) Requires the court, after determining county of domicile, to set a date for a conditional release hearing and give notice of the hearing, as specified, including to the designated attorney for the county of domicile at least 30 court days before the date of the hearing. e) Provides that the designated attorney of the domicile county has the right to represent the state at the conditional release hearing, and to provide notice to parties, as specified, if he or she elects to do so. Requires the designated attorney for the commitment county to cooperate with the designated attorney for the domicile county if this election is made. f) Provides that the court's determination of a county of domicile is final and applies to future proceedings relative to the commitment or release of a SVP. 3)Provides that the procedure for a conditional release hearing in a case in which the county of domicile has not yet been determined by the court to proceed as follows: a) Requires the court, upon deeming that a conditional release petition is not frivolous, to provide notice to the attorney for the committed person, the designated attorney for the county of commitment, and the Director of State Hospitals of the date of the conditional release hearing at least 30 court AB 1607 Page 3 days prior to the hearing. b) Provides that representation of the state at the conditional release hearing is by the designated attorney for the domicile county, if he or she so elects; otherwise the designated attorney for the commitment county will represent the state. 4)Provides, if a committed person has been conditionally released by a court to a county other than the county of domicile and the jurisdiction of the person has been transferred to that county, the notice required for a subsequent conditional release hearing is to be given to the designated attorney of the county of placement, who will represent the state in any further proceedings. 5)Provides that if the committed person has been placed on conditional release in a county other than the county of commitment, jurisdiction of the person shall, upon the request of the designated attorney of the county of placement, be transferred to that county. 6)Defines specified terms. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor state trial court costs. COMMENTS : According to the author, "Nearly a year ago a judge in Santa Clara County determined that a sexually violent predator be conditionally released from the Department of State Hospitals to Los Angeles County. The offender has not lived in Los Angeles County in over 40 years. His last crimes were committed in Santa Clara County. Santa Clara County is now overseeing his placement in unincorporated Los Angeles County. "It is politically expedient for one county to send high-risk individuals to another county under the Sexual Violent Predator Act. No community wants them. However, when your community is receiving the individual, it's unconscionable. Santa Clara County should have told Los Angeles County what was going on. The Department of State Hospitals should have told Los Angeles what was going on. But they didn't. They don't have to under current law. "AB 1607 will help to rectify current law so that what is happening in my community does not happen in others." AB 1607 Page 4 Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744 FN: 0003476