BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 1607
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        ASSEMBLY THIRD READING
        AB 1607 (Fox)
        As Amended  May 6, 2014
        Majority vote 
         
        PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
         
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        |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             |
        |     |                          |     |                          |
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         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  








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             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  








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             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."








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         Please see the policy committee analysis for a full discussion of  
        this bill.
         

        Analysis Prepared by  :    Shaun Naidu / PUB. S. / (916) 319-3744 


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