BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 1607 (Fox) - Sexually violent predators.
          
          Amended: July 2, 2014           Policy Vote: Public Safety 7-0
          Urgency: No                     Mandate: Yes
          Hearing Date: August 14, 2014                           
          Consultant: Jolie Onodera       
          
          SUSPENSE FILE. AS AMENDED.


          Bill Summary: AB 1607 would provide that the county of domicile  
          of a conditionally released sexually violent predator (SVP)  
          patient - the county to which the SVP will be released - shall  
          be determined by a newly defined process involving the court,  
          the county of commitment, and each county that could potentially  
          be determined to be the county of domicile.

          Fiscal Impact (as approved on August 14, 2014): 
              Potentially significant state-reimbursable costs (General  
              Fund) for placing additional duties on counties, including a  
              county's designated counsel, with regard to conditional  
              releases of SVPs, including additional noticing requirements  
              to the court and specified parties, participation in newly  
              established domicile hearings, when required, and additional  
              costs for designated attorneys of the county of domicile to  
              participate in conditional release hearings in the county of  
              commitment.
              Potential future cost savings to local agencies and the  
              courts to the extent the formal and final court  
              determination of the county of domicile precludes attorneys  
              from the county of commitment and the county of domicile  
              from filing additional motions to appeal.

          Background: Existing law provides for the civil commitment for  
          psychiatric and psychological treatment of a prison inmate found  
          to be a sexually violent predator (SVP) after the person has  
          served his or her prison commitment. Under existing law, a SVP  
          is defined as a person who has been convicted of a sexually  
          violent offense against at least one victim, and who has a  
          diagnosed mental disorder that makes the person 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. (Welfare and  








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          Institutions Code (WIC) § 6600(a)(1).)

          Existing law provides that a person committed as a SVP to the  
          Department of State Hospitals (DSH) shall be held for an  
          indeterminate term upon commitment and requires that a SVP have  
          an annual examination on his or her mental condition, including  
          consideration of whether or not conditional release to a less  
          restrictive alternative or unconditional release is in the SVP's  
          best interest and what conditions would adequately protect the  
          community. (WIC §§ 6604.1, 6604.9.)

          Existing law establishes provisions by which a committed SVP may  
          petition the court for conditional or unconditional release. If  
          the court decides a petition for conditional release is not  
          frivolous, the court is required to give notice at least 30 days  
          prior to the hearing date for the petition. Under existing law,  
          a person who is conditionally released is to be placed in the  
          county of domicile of the person prior to the person's  
          incarceration unless the court finds that extraordinary  
          circumstances require placement outside the county of domicile.  
          (WIC § 6608.)

          This bill would create a new process involving the court, the  
          petitioner, the DSH, the designated attorney of the county of  
          commitment, and the designated attorney of the potential county  
          of domicile, to determine the county of domicile prior to the  
          conditional release hearing.

          Proposed Law: This bill would provide that the county of  
          domicile of a conditionally released sexually violent predator  
          (SVP) patient - the county to which the SVP will be released -  
          shall be determined by a newly defined process involving the  
          court, the county of commitment, and each county that could  
          potentially be determined to be the county of domicile, as  
          follows:
                 Requires the petitioner, DSH, and the attorney of the  
               county of commitment to notify the court within 30 days of  
               receipt of a notice of a conditional release hearing if it  
               appears that a county other that the county of commitment  
               may be the county of domicile.
                 Requires the court to set a hearing to determine the  
               county of domicile if there are allegations that one or  
               more counties, other than the county of commitment, may be  
               the county of commitment.








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                 Requires the court to give notice of the domicile  
               hearing to the designated attorney of the county of  
               commitment, the retained or appointed attorney for the  
               committed person, the DSH, and the designated attorneys for  
               any alleged county of domicile.
                 Authorizes the parties noted above to file and serve  
               declarations, documentary evidence, and other pleadings,  
               that are specific only to the issue of domicile, and  
               authorizes the court to decide the issue of domicile solely  
               on the pleadings, or additionally permit in the interests  
               of justice, argument and testimony.
                 After determining the county of domicile, requires the  
               court to set a date for a conditional release hearing and  
               requires the court to give notice of the hearing at least  
               30 days before the hearing, as specified.
                 Provides that the designated attorney for the county of  
               domicile will represent the state at the conditional  
               release hearing if the designated attorney for the county  
               of domicile and the designated attorney for the county of  
               commitment mutually agree. If the designated attorneys do  
               not make this agreement, the designated attorney for the  
               county of commitment is required to represent the state at  
               the hearing.
                 Requires the designated attorney for the county of  
               commitment to give notice to the court, the DSH, the  
               retained or appointed attorney for he committed person, and  
               the petitioner, at least 20 court days before the  
               conditional release hearing whether the state will be  
               represented by the designated attorney of the county of  
               domicile or the designated attorney of the county of  
               commitment.
                 Provides that the designated attorneys should cooperate  
               with each other to ensure that all relevant evidence is  
               submitted on behalf of the state, and requires that no  
               attorney other than the designated attorney for the county  
               representing the state shall appear on behalf of the state  
               at the conditional release hearing.
                 Provides that the court's determination of a county of  
               domicile shall govern the current and any subsequent  
               petitions for conditional release.
                 Provides that a person who is conditionally released  
               shall be placed in the county of domicile of the person  
               prior to the person's incarceration unless both of the  
               following conditions are satisfied:








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                  o         The court finds that extraordinary  
                    circumstances require placement outside the county of  
                    domicile.
                  o         The designated county of placement was given  
                    prior notice and an opportunity to comment on the  
                    proposed placement of the committed person in the  
                    county, as specified.
                 Provides that if the committed person has been  
               conditionally released in a county other than the county of  
               commitment, the jurisdiction of the person shall, upon  
               request of the designated attorney of the county of  
               placement, be transferred to the court of the county of  
               placement.

          Staff Comments: This bill requires coordination and cooperation  
          among counties involved in the conditional release of an SVP,  
          specifically when the county of domicile into which the SVP is  
          to be released is not the county of commitment.

          Under current law, there is no requirement for the court or the  
          county of commitment of an SVP to notify a county, or to allow  
          for input from a county, into which an SVP is being  
          conditionally released. By creating a process by which the  
          determination of the county of domicile is to be decided by the  
          court could result in potentially significant state-reimbursable  
          costs (General Fund) for placing additional duties on counties,  
          including public defenders and district attorneys, with regard  
          to conditional releases of SVPs. These additional duties include  
          mandated noticing requirements to the court and specified  
          parties, participation in newly established domicile hearings,  
          when required, and additional costs for designated attorneys of  
          the county of domicile to participate in conditional release  
          hearings in the county of commitment. To the extent the  
          determination of the county of domicile is decided by the court  
          solely on the pleadings would mitigate potential costs to some  
          degree, however, it is unknown with certainty how many SVP cases  
          will require domicile hearings.

          The Commission on State Mandates (CSM) previously approved a  
          claim (CSM-4509) for reimbursement to local agencies for the  
          preparation and attendance by the county's designated counsel at  
          the probable cause hearing, trial, and further hearings, and  
          related activities, including housing and transportation of  
          potential SVPs while awaiting trial. Although a new test claim  








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          decision was adopted in 2013 to provide continuing reimbursement  
          only for preparation and attendance by the county's designated  
          counsel and indigent defense counsel at the probable cause  
          hearing, and for transportation between a courthouse and a  
          secure facility for purposes of the hearing, the other  
          activities previously approved as reimbursable mandates were  
          determined non-reimbursable due to an intervening voter-enacted  
          ballot measure. The State Controller's Office made a $20.9  
          million payment in FY 2011-12 for costs associated with this  
          mandate for expenditures incurred over several years.

          This bill could also result in future cost savings to local  
          agencies and the courts to the extent the formal and final court  
          determination of the county of domicile precludes attorneys from  
          the county of commitment and the county of domicile from filing  
          additional motions to appeal.

          Committee amendments delay implementation of the bill's  
          provisions one year to January 1, 2016.