BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1607
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1607 (Fox)
          As Amended  August 22, 2014
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(May 23, 2014)  |SENATE: |35-0 |(August 26,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    PUB. S.  
           
          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 county of commitment to choose to have the county of  
          domicile to represent the state at the conditional release  
          hearing.

           The Senate amendments  :  
             
          1)Provide that the court's determination of domicile governs the  
            current and subsequent petitions for conditional release;

          2)Allow the designated attorney for the determined county of  
            domicile to represent the state at conditional release  
            hearings upon the approval of the designated attorney for the  
            county of commitment;

          3)Allow, instead of require, the designated attorney  
            representing the state to have the committed person evaluated  
            by the state's chosen experts;

          4)Prohibit a person from being conditionally released outside  
            the county of domicile unless the proposed county of placement  
            was given prior notice and an opportunity to comment on the  
            proposed placement, as specified;

          5)Require the court to order, upon conditional release to a  
            county other than the county of commitment, that jurisdiction  
            of the person and all case records be transferred to the court  
            of the county of placement and that the designated attorney  
            for the county of placement to represent the state in all  
            future proceedings, unless the designated attorney of the  








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            county of placement objects to the transfer of jurisdiction,  
            as specified; and,

          6)Provide that provisions of law regarding placement of an SVP  
            are not to be construed to negate or in any way affect the  
            court's decision on whether to conditionally release a  
            committed person.

           AS PASSED BY THE ASSEMBLY  , this bill:  
           
          1)Provided that a person petitioning for conditional release is  
            entitled to assistance of counsel in the conditional release  
            and county of domicile hearings.

          2)Provided 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)   Required 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 DSH 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)   Required the court to deem the county of commitment as  
               the 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)   Required the court to hold a hearing to determine the  
               county of domicile if one or more counties, 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 DSH 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  








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               argument and testimony as is in the interest of justice.

             d)   Required 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)   Provided 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; and,

             f)   Provided 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)Provided 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)   Required 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 DSH of the date of  
               the conditional release hearing at least 30 court days  
               prior to the hearing; and,

             b)   Provided 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)Provided, 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.









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          5)Provided 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)Defined specified terms.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)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.

          2)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.

           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  








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          happening in my community does not happen in others."
           
           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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