BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 295|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 295
Author: Emmerson (R)
Amended: 6/20/13
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
SENATE FLOOR : 39-0, 5/28/13
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 77-0, 8/8/13 (Consent) - See last page for vote
SUBJECT : Sexually violent predators: civil commitment
SOURCE : Riverside County District Attorney
San Bernardino County District Attorney
San Joaquin County District Attorney
DIGEST : This bill makes a series of clarifying revisions to
CONTINUED
SB 295
Page
2
procedures used by the courts for handling sexually violent
predator (SVP) petitions regarding conditional and unconditional
release.
Assembly Amendments entitle the petitioner to the appointment of
experts, if he/she requests them for the hearing on the petition
for conditional release.
ANALYSIS :
Existing law:
1.Provides for the civil commitment of criminal offenders who
have been determined to be a SVP 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 the Department of State Hospitals (DSH) when the secretary
determines that the person may be a 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 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
CONTINUED
SB 295
Page
3
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.
6.Precludes the committed person from filing a subsequent
petition for conditional release for one year after the denial
of a petition.
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 8/12/13)
CONTINUED
SB 295
Page
4
Riverside County District Attorney (co-source)
San Bernardino County District Attorney (co-source)
San Joaquin County District Attorney (co-source)
California District Attorneys Association
Los Angeles County District Attorney's Office
ARGUMENTS IN SUPPORT : The Riverside County District Attorney
writes:
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.
ASSEMBLY FLOOR : 77-0, 08/08/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chesbro, Conway, Cooley, Dahle, Daly,
Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines,
Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove,
Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Chávez, Vacancy, Vacancy
JG:nl:e 8/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
CONTINUED
SB 295
Page
5
**** END ****
CONTINUED