BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 295
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 295 (Emmerson) - As Amended:  June 20, 2013 

          Policy Committee:                             Public Safety  
          Vote:        7-0 

          Urgency:     No                   State Mandated Local Program:   
          No     Reimbursable:               

           SUMMARY  

          This bill makes a series of clarifying revisions to procedures  
          used by the courts for handling sexually violent predator (SVP)  
          petitions regarding conditional and unconditional release.  
          Specifically, this bill:

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

          2)Requires the community program director designated by the DSH  
            to submit a report to the court making a recommendation as to  
            the appropriateness of placement of the petitioner in a  
            conditional-release program before the court holds a hearing.

          3)Mandates the committed person be evaluated by state-chosen  
            experts.

          4)Entitles the petitioner to the appointment of experts, if he  
            or she requests them, for the hearing on the petition for  
            conditional release.

          5)Shifts the burden of proof to the state to prove by a  
            preponderance of the evidence that conditional release is  
            inappropriate when the DSH report on the mental status of the  
            SVP finds conditional discharge would be in the patient's best  
            interests and that conditions to protect the public could be  
            imposed.









                                                                 SB 295
                                                                  Page  2

          6)Precludes the committed person from filing a subsequent  
            petition for conditional release for one year after the denial  
            of a petition.

           FISCAL EFFECT
           
          Minor absorbable ongoing GF costs to the Department of State  
          Hospitals for additional reporting requirements. 
           
          COMMENTS

          Rationale.  According to the author and sponsor, the Riverside  
          District Attorney's Office, this bill clarifies incomplete and  
          ambiguous SVP procedures. The Department of State Hospitals  
          concurs. 

           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081