BILL ANALYSIS Ó 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