BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 295
          Author:   Emmerson (R)
          Amended:  5/24/13
          Vote:     27


           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/30/13
          AYES:  Hancock, Anderson, Block, De León, Knight, Liu, Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  6-0, 5/20/13
          AYES:  De León, Walters, Gaines, Hill, Padilla, Steinberg
          NO VOTE RECORDED:  Lara


           SUBJECT  :    Sexually violent predators:  civil commitment

           SOURCE  :     Riverside County District Attorney 
                      San Bernardino County District Attorney 
                      San Joaquin County District Attorney
                      

           DIGEST  :    This bill clarifies the process and procedural  
          guidelines to be used by the courts for sexually violent  
          predator petitions, whether with or without Department of State  
          Hospitals (DSH) concurrence, for conditional and unconditional  
          release.


           ANALYSIS  :   

          Existing law:

          1.Provides for the civil commitment of criminal offenders who  
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            have been determined to be sexually violent predators for  
            treatment in a secure state hospital facility, as specified.
          2.Requires the Secretary of the Department of Corrections and  
            Rehabilitation (secretary) to refer a prisoner for evaluation  
            by DSH when the secretary determines that the person may be a  
            sexually violent predator (SVP) and specifies the judicial  
            processes necessary for civil commitment as an SVP, including,  
            but not limited to, the right to a jury trial.

          3.Establishes provisions by which a committed person may  
            petition for conditional release or unconditional discharge.

          This bill:

          1.Provides that upon the DSH annual report on the mental status  
            of an SVP patient finding that the conditional discharge would  
            be in the best interests of the patient under conditions that  
            would protect the public, the patient may only file a petition  
            as follows:

             A.   The state shall have the burden of proof by a  
               preponderance of the evidence that the SVP would be likely  
               to commit sexually violent offenses if conditionally  
               released.

             B.   If the petition for conditional release is denied by the  
               court, the SVP may not file another petition for  
               conditional release for one year.

          1.Provides that where an SVP patient files a petition for  
            conditional release without the concurrence or recommendation  
            of the director of the treatment facility, the court may not  
            act on the petition until the court obtains the written  
            recommendation of the director.

          2.Provides that where a show cause hearing is held to consider a  
            DSH determination that an SVP patient is no longer an SVP, the  
            patient SVP has the burden to establish probable cause that  
            he/she would not likely commit sexually violent offenses if  
            unconditionally released.

          3.Provides that after at least one year on conditional release,  
            the SVP patient may file a petition for unconditional release.  
             If the court finds probable cause to support the petition,  

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            the state shall bear the burden to prove to a jury beyond a  
            reasonable doubt that the person is still an SVP.




           Background
           
           Civil Commitment Generally  .  The United States and California  
          Supreme Courts, have consistently held that involuntary  
          confinement for mental health treatment is a severe curtailment  
          of liberty.  Civil commitment schemes must be justified by  
          compelling state interests.  (Foucha v. Louisiana (1992) 504  
          U.S. 71, 77; People v. McKee, supra, 47 Cal.4th at p. 1193.)

           Proposition 83 in 2006 - Indeterminate Commitment of SVPs  
          instead of Two-Year Commitment  .  In 2006, Proposition 83  
          (Jessica's Law) provided that a person found to be an SVP in a  
          jury trial was to be civilly committed to the DSH for an  
          indefinite period of time.  Prior to enactment of Proposition  
          83, the SVP was entitled to a full jury trial every two years at  
          which the prosecution had to prove again the person's status as  
          an SVP.

          The indefinite commitment provision in Proposition 83 has been  
          challenged in the California Court of Appeals and the California  
          Supreme Court on the grounds that it violates the constitutional  
          guarantees of due process and equal protection of the laws.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee, annual costs  
          of $38,000 (General Fund) for the DSH to submit additional  
          recommendations to the court.

           SUPPORT  :   (Verified  5/24/13)

          Riverside County District Attorney (co-source) 
          San Bernardino County District Attorney (co-source)
          San Joaquin County District Attorney (co-source)

           ARGUMENTS IN SUPPORT  :    The Riverside County District Attorney  
          writes:

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               These statutes attempt to describe the procedures whereby  
               an SVP can seek conditional release to a less restrictive  
               alternative or an unconditional discharge.  Unfortunately,  
               these statutes are confusing, poorly drafted, and  
               incomplete.

               Under the current statutory language, it is difficult to  
               determine the procedures that should be used when an SVP  
               seeks release.  The changes suggested by this bill will  
               clarify how an SVP seeks conditional and unconditional  
               release and the procedures that should be followed by the  
               courts in considering these requests.


          JG:ne  5/24/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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