BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                     AB 262


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          Date of Hearing:  April 21, 2015
          Chief Counsel:     Gregory Pagan

                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                       262 (Lackey) - As Amended  March 26, 2015



          
          SUMMARY:  Places additional residency restrictions on Sexually  
          Violent Predators (SVP's) conditionally released for community  
          outpatient treatment.  Specifically, this bill:  

          1)Provides that a person adjudicated as an SVP shall only reside  
            in a dwelling or abode within 10 miles of a permanent physical  
            police or sheriff station that has jurisdiction over the  
            location and has 24 hour a day peace officer staffing on duty  
            and available to respond to call for service.

          2)States that a person adjudicated as an SVP shall not lease,  
            rent, or otherwise reside in any dwelling or other abode, nor  
            shall a dwelling or other abode be leased or rented on behalf  
            of an SVP for purposes of residence by that person, if that  
            dwelling or a bode is occupied or owned in whole or in part by  
            a felon convicted of a "violent" or "serious" felony, as  
            specified.

          3)Provides that the provisions of this measure are severable.   
            If any provision of this measure or its application is held  
            invalid, that invalidity shall not affect other provisions or  











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            applications that can be given effect without the invalid  
            provision or application. 

          EXISTING LAW:

          1)Provides that n1)otwithstanding any other provision of law,  
            when a person is released on parole after having served a term  
            of imprisonment in state prison for any offense for which sex  
            offender registration is required, that person may not during  
            the period of parole, reside in any single family dwelling  
            with any other person also required to register as a convicted  
            sex offender, unless those persons are legally related by  
            blood.  "Single family dwelling" shall not include a  
            residential facility that serves six or fewer persons.  (Pen.  
            Code, § 3003.5, subd. (a).)

          2)States notwithstanding any other provision of law, it is  
            unlawful for any person for whom sex offender registration is  
            required to reside within 2,000 feet of any public or private  
            school, or park where children regularly gather.  (Pen. Code,  
            § 3003.5, subd. (b).)

          3)Provides for the civil commitment for psychiatric and  
            psychological treatment of a prison inmate found to be a SVP  
            after the person has served his or her prison commitment.   
            (Welf. & Inst. Code, § 6600, et seq.)



          

          4)Defines a "sexually violent predator" as "a person who has  
            been convicted of a sexually violent offense against at least  
            one victim, and who has a diagnosed mental disorder that makes  
            the person a danger to the health and safety of others in that  
            it is likely that he or she will engage in sexually violent  
            criminal behavior."  (Welf. & Inst. Code, § 6600, subd.  
            (a)(1).)












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          5)Permits a person committed as a SVP to be held for an  
            indeterminate term upon commitment.  (Welf. & Inst. Code, §  
            6604.1.)

          6)Requires that a person found to have been a SVP and committed  
            to the Department of State Hospitals (DSH)  have a current  
            examination on his or her mental condition made at least  
            yearly.  The report shall include consideration of conditional  
            release to a less restrictive alternative or an unconditional  
            release is in the best interest of the person and also what  
            conditions can be imposed to adequately protect the community.  
             (Welf. & Inst. Code, § 6604.9.)

          7)Allows a SVP to seek conditional release with the  
            authorization of the Director DSH when DSH determines that the  
            person's condition has so changed that he or she no longer  
            meets the SVP criteria, or when conditional release is in the  
            person's best interest and conditions to adequately protect  
            the public can be imposed.  (Welf. & Inst. Code, § 6607.)

          8)Allows a person committed as a SVP to petition for conditional  
            release or an unconditional discharge any time after one year  
            of commitment, notwithstanding the lack of recommendation or  
            concurrence by the Director of DSH.  (Welf. & Inst. Code, §  
            6608, subd. (a).)

          9)Provides that, if the court deems the conditional release  
            petition not frivolous, the court is to give notice of the  
            hearing date to the attorney designated to represent the  
            county of commitment, the retained or appointed attorney for  
            the committed person, and the Director of State Hospitals at  
            least 30 court days before the hearing date.  (Welf. & Inst.  
            Code, § 6608, subd. (b).)

          10)Requires the court to first obtain the written recommendation  
            of the director of the treatment facility before taking any  
            action on the petition for conditional release if the is made  
            without the consent of the director of the treatment facility.  
             (Welf. & Inst. Code, § 6608, subd. (c).)











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          11)Provides that the court shall hold a hearing to determine  
            whether the person committed would be a danger to the health  
            and safety of others in that it is likely that he or she will  
            engage in sexually violent criminal behavior due to his or her  
            diagnosed mental disorder if under supervision and treatment  
            in the community. Provides that the attorney designated the  
            county of commitment shall represent the state and have the  
            committed person evaluated by experts chosen by the state and  
            that the committed person shall have the right to the  
            appointment of experts, if he or she so requests.  (Welf. &  
            Inst. Code, § 6608, subd. (e).)

          12)Requires the court to order the committed person placed with  
            an appropriate forensic conditional release program operated  
            by the state for one year if the court at the hearing  
            determines that the committed person would not be a danger to  
            others due to his or her diagnosed mental disorder while under  
            supervision and treatment in the community. Requires a  
            substantial portion of the state-operated forensic conditional  
            release program to include outpatient supervision and  
            treatment. Provides that the court retains jurisdiction of the  
            person throughout the course of the program.  (Welf. & Inst.  
            Code, § 6608, subd. (e).)

          13)Provides that if the court denies the petition to place the  
            person in an appropriate forensic conditional release program,  
            the person may not file a new application until one year has  
            elapsed from the date of the denial.  (Welf. & Inst. Code, §  
            6608, subd. (h)

          14)Allows, after a minimum of one year on conditional release,  
            the committed person, with or without the recommendation or  
            concurrence of the Director of State Hospitals, to petition  
            the court for unconditional discharge, as specified.  (Welf. &  
            Inst. Code, § 6608, subd. (k).)

          FISCAL EFFECT:  Unknown












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          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 262  
            restricts sexually violent predators (SVPs) from residing in  
            rural areas, which are more than 10 miles away from a  
            full-time police station. It also stops SVPs from renting from  
            landlords who are registered sex offenders or living with  
            another sex offender.  

          2)SVP Law Generally:  The Sexually Violent Predator Act (SVPA)  
            establishes an extended civil commitment scheme for sex  
            offenders who are about to be released from prison, but are  
            referred to the DSH for treatment in a state hospital, because  
            they have suffered from a mental illness which causes them to  
            be a danger to the safety of others.

          The Department of State Hospitals uses specified criteria to  
            determine whether an individual qualifies for treatment as a  
            SVP.  Under existing law, a person may be deemed a SVP if:   
            (a) the defendant has committed specified sex offenses against  
            two or more victims; (b) the defendant has a diagnosable  
            mental disorder that makes the person a danger to the health  
            and safety of others in that it is likely that he or she will  
            engage in sexually-violent criminal behavior; and, (c) two  
            licensed psychiatrists or psychologists concur in the  
            diagnosis.  If both clinical evaluators find that the person  
            meets the criteria, the case is referred to the county  
            district attorney who may file a petition for civil  
            commitment.

          Once a petition has been filed, a judge holds a probable cause  
            hearing; and if probable cause if found, the case proceeds to  
            a trial at which the prosecutor must prove to a jury beyond a  
            reasonable doubt that the offender meets the statutory  
            criteria.  The state must prove "[1] a person who has been  
            convicted of a sexually violent offense against [at least one]  
            victim[] and [2] who has a diagnosed mental disorder that [3]  
            makes the person a danger to the health and safety of others  
            in that it is likely that he or she will engage in [predatory]  











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            sexually violent criminal behavior."  (Cooley v. Superior  
            Court (Martinez) (2002) 29 Cal.4th 228, 246.)  If the  
            prosecutor meets this burden, the person then can be civilly  
            committed to a DSH facility for treatment. 

          The Department of State Hospitals must conduct a yearly  
            examination of a SVP's mental condition and submit an annual  
            report to the court.  This annual review includes an  
            examination by a qualified expert.  (Welf. & Inst. Code, §  
            6604.9.)  In addition, DSH has an obligation to seek judicial  
            review any time it believes a person committed as a SVP no  
            longer meets the criteria, not just annually.  (Welf. & Inst.  
            Code, § 6607.)

          The SVPA was substantially amended by Proposition 83 ("Jessica's  
            Law"), which became operative on November 7, 2006.   
            Originally, a SVP commitment was for two years; but now, under  
            Jessica's Law, a person committed as a SVP may be held for an  
            indeterminate term upon commitment or until it is shown that  
            the defendant no longer poses a danger to others.  (See People  
            v. McKee (2010) 47 Cal. 4th 1172, 1185-87.)  Jessica's Law  
            also amended the SVPA to make it more difficult for SVPs to  
            petition for less restrictive alternatives to commitment.   
            These changes have survived due process, ex post facto, and,  
            more recently, equal protection challenges.  (See People v.  
            McKee, supra, 47 Cal. 4th 1172 and People v. McKee (2012) 207  
            Cal.App.4th 1325.) 

          3)Obtaining Release From Commitment;  A person committed as a  
            SVP may petition the court for conditional release or  
            unconditional discharge after one year of commitment.  (Welf.  
            & Inst. Code, § 6608, subd. (a).)  The petition can be filed  
            with, or without, the concurrence of the Director of State  
            Hospitals.  The Director's concurrence or lack thereof makes a  
            difference in the process used.

          A SVP can, with the concurrence of the Director of State  
            Hospitals, petition for unconditional discharge if the patient  
            "no longer meets the definition of a SVP," or for conditional  











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            release.  (Welf. & Inst. Code, § 6604.9, subd. (d).)  If an  
            evaluator determines that the person no longer qualifies as a  
            SVP or that conditional release is in the person's best  
            interest and conditions can be imposed to adequately protect  
            the community, but the Director of State Hospitals disagrees  
            with the recommendation, the Director must nevertheless  
            authorize the petition.  (People v. Landau (2011) 199  
            Cal.App.4th 31, 37-39.)  When the petition is filed with the  
            concurrence of the DSH, the court order a show cause hearing.  
            (Welf. & Inst. Code, § 6604.9, subd. (f).)  If probable cause  
            is found, the patient thereafter has a right to a jury trial  
            and is entitled to relief unless the district attorney proves  
            "beyond a reasonable doubt that the committed person's  
            diagnosed mental disorder remains such that he or she is a  
            danger to the health and safety of others and is likely to  
            engage in sexually violent behavior if discharged."  (Welf. &  
            Inst. Code, § 6605.) 

          A committed person may also petition for conditional release or  
            unconditional discharge notwithstanding the lack of  
            recommendation or concurrence by the Director of State  
            Hospitals. (Welf. & Inst. Code, § 6608, subd. (a).)  Upon  
            receipt of this type of petition, the court "shall endeavor  
            whenever possible to review the petition and determine if it  
            is based upon frivolous grounds and, if so, shall deny the  
            petition without a hearing."  (Welf. & Inst. Code, § 6608,  
























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            subd. (a).)<1>  If the petition is not found to be frivolous,  
            the court is required to hold a hearing.  (People v. Smith  
            (2013) 216 Cal.App.4th 947.)

          The SVPA does not define the term "frivolous."  The courts have  
            applied the definition of "frivolous" found in Code of Civil  
            Procedure section 128.5, subdivision (b)(2): "totally and  
            completely without merit" or "for the sole purpose of  
            harassing an opposing party."  (People v. Reynolds (2010) 181  
            Cal.App.4th 1402, 1411; see also People v. McKee, supra, 47  
            Cal.4th 1172; People v. Collins (2003) 110 Cal.App.4th 340,  
            349.)  Additionally, in Reynolds, supra, 181 Cal.App.4th at p.  
            1407, the court interpreted Welfare and Institutions Code  
            section 6608 to require the petitioner to allege facts in the  
            petition that will show he or she is not likely to engage in  
            sexually-violent criminal behavior due to a diagnosed mental  
            disorder, without supervision and treatment in the community,  
            since that is the relief requested.

          Once the court sets the hearing on the petition, then the  
            petitioner is entitled to both the assistance of counsel, and  
            the appointment of an expert.  (People v. McKee, supra, 47  
            Cal.4th 1172, 1193.)  At the hearing, the person petitioning  
            for release has the burden of proof by a preponderance of the  
            evidence.  (Welf. & Inst. Code, § 6608, subd. (i); People v.  
          ---------------------------
          <1> Recently, in People v. McCloud (2013) 213 Cal.App.4th 1076,  
          the Court of Appeal recognized that the provision in Welfare and  
          Institutions Code section 6608, subdivision (a) allowing for  
          dismissal of a frivolous petition for release without a hearing,  
          may violate the equal protection clause.  The petitioner's equal  
          protection claim was based on the fact that "[n]o other  
          commitment scheme allows the judge to deem the petition  
          'frivolous' and thereby deny the petitioner a hearing."  (Id. at  
          p. 1087.)  The court found there might well be actual disparate  
          treatment of similarly situated persons-and if there was  
          disparate treatment, the State might or might not be justified  
          in so distinguishing between persons.  The court remanded the  
          case for further proceedings on the equal protection claim.   
          (Id. at p. 1088.)










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            Rasmuson (2006) 145 Cal.App.4th 1487, 1503.)  If the petition  
            is denied, the SVP may not file a subsequent petition until  
            one year from the date of the denial.  (Welf. & Inst. Code, §  
            6608, subd. (h).)
           
           1)Difficulty in Finding Compliant Housing:  Among other things,  
            this bill provides that a person adjudicated as an SVP shall  
            only reside in a dwelling or abode within 10 miles of a  
            permanent physical police or sheriff station that has  
            jurisdiction over the location and has 24 hour a day peace  
            officer staffing on duty and available to respond to call for  
            service.  This, effectively, would prevent an SVP from  
            residing in a rural area, and rural locations, often, are the  
            only areas where an SVP can find a residence which complies  
            with "Jessica's Law", which prohibits a person required to  
            register as a convicted sex offender from residing within  
            2,000 feet of a public or private school, or park where  
            children regularly congregate.

          Liberty Health Care, the contract provider for DSH, goes to  
            great lengths at considerable expense to find suitable housing  
            for an SVP on conditional release in the community.  In the   
            case of People v. Superior Court (Karsai) (2013) 213 Cal App  
            4th 774, Liberty Health Care reported that its staff had  
            travelled 6,793 miles in one year searching for a residence  
            for Karsai and had viewed 1,261 properties in Santa Barbara,  
            Ventura, and San Luis Obispo Counties.  The only potential  
            residence was Karsai's mother's home in Santa Maria, and the  
            Court determined that Karsai's mother's home was not  
            disqualified as a potential residence despite its proximity to  
            a park and an elementary school.  Later, Liberty informed the  
            court that the Karsai family had withdrawn his mother's home  
            as a placement/residence site because the family had been  
            beset upon by the local media.

          The court then found that "extraordinary circumstances existed,  
            justifying a search for 'any' available housing "without being  
            constrained to San Luis Obispo or Santa Barbara County."   
            Approximately five months later, Liberty had reviewed more  











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            than 1,830 sites and had identified two possible locations:   
            an apartment in Sacramento and a small home in Auburn.  At a  
            hearing, both the People and Karsai objected to the locations.  
             The People objected due to the proximity of Karsai's victims,  
            and both sides objected "on the basis that the placement would  
            provide no support structure for Mr. Karzai".  Agreeing that  
            it would be "fruitless" to pursue those placements, the court  
            ordered Liberty to check into the option of placing Karzai in  
            a travel trailer on a pad next to the San Luis Obispo County  
            Sheriff's Office.  Liberty shortly informed the court that  
            there had been objections to Karzai's placement in a trailer  
            and that the pad was "not Jessica's law compliant.  Because it  
            appeared to the court that "there was no suitable placement  
            available either in Mr. Karsai's county of domicile, or  
            elsewhere," the court ordered Karsai be "released in Santa  
            Barbara County as a transient."  Santa Barbara then sought a  
            writ of mandate in the court of appeal, seeking to vacate the  
            superior court's order releasing Karsai into Santa Barbara as  
            a transient.

          The court eventually ruled that nothing in the law forbids the  
            conditional release of an SVP as a transient.  "Moreover, to  
            imply such imply such a limitation into the law would raise  
            serious constitutional issues.  'Because civil commitment  
            involves a significant deprivation of liberty, a defendant in  
            an SVP proceeding is entitled to due process protections.'   
            (People v. Otto (2001) 26 Cal.4th 200, 209 [109 Cal. Rptr. 2d  
            327, 26 P.3d 1061].)  Once a court has determined that a  
            particular SVP would not be a danger to the health and safety  
            of others in that it is not likely that he or she would engage  
            in sexually violent criminal [*789] behavior due to his or her  
            diagnosed mental disorder if under supervision and treatment  
            in the community, that person unquestionably has a significant  
            liberty interest in being released. To authorize an  
            unspecified delay in that release by implying in the SVPA a  
            requirement that the person must have a specific resident  
            before release, when under the statutory scheme the securing  
            of a specific residence is not a prerequisite to a finding  
            that the person would pose no danger to others if under  











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            outpatient supervision and treatment, would run the risk that  
            a person who is no longer dangerous will nonetheless have to  
            remain in custody in a secure facility indefinitely simply  
            because of some [***28] extraneous factor, such as public  
            outrage, that interferes with finding and securing a fixed  
            residence for that person.  To avoid such a potential due  
            process problem, we believe the more prudent-as well as that  
            most consistent with the established canons of statutory  
            interpretation-is to not imply in the SVPA something the  
            Legislature did not expressly include in it:  the limitation  
            that an SVP cannot be conditionally released in the community  
            without a specific residence."

          If this bill were to pass, and it becomes impossible to place  
            SVP's in a compliant residence in the community, the courts  
            could be compelled to release SVP's in the community as  
            transients, which would present a risk to the public safety,  
            as they would not be under the watchful eye of Liberty Health  
            Care.  It should be noted, that DSH has informed Committee  
            staff that there has never been instance of an SVP on  
            conditional release having committed a new offense.  This is  
            largely due to the stringent protocol imposed on SVP's by  
            Liberty Health Care, which includes a compliant and stable  
            residence.

          2)Impact of Residency Restrictions: In October of 2014, the  
            Office of the Inspector General (OIG) conducted a review and  
            assessment of sex offenders on parole and the impact of  
            residency restrictions on this same population.  The Executive  
            Summary of the OIG Report concluded, "The residency  
            restrictions imposed by Jessica's Law, which prohibit parole  
            sex offenders from living within 2,000 feet of a school or  
            park where children congregate, contribute to homelessness  
                                                                                 among parole sex offenders.  According to the California Sex  
            Offender Management Board, there were only 88 sex offenders on  
            parole registered as transient when Proposition 83 was passed  
            in November 2006.  As of June 2014, there were 1556 sex  
            offender parolees identified as transient by the California  
            Department of Corrections and Rehabilitation (CDCR).  While  











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            this represents 3.38 percent of all parolees, the incidence of  
            homelessness is 19.95 percent (approximately one in five)  
            among the subset of parolees who are sex offenders"

          "Transient sex offenders are more 'labor intensive' than are  
            parolees who have a permanent residence.  The OIG interviewed  
            parole administrators in 12 parole districts, who said that  
            because transient sex offenders are moving frequently,  
            monitoring their movement is time consuming.  Transient sex  
            offenders must register with law enforcement monthly (as  
            opposed to yearly for those with permanent residences), thus  
            requiring more frequent registration compliance tracking by  
            parole agents.  Adding further to the workload associated with  
            monitoring transients, agents are required to conduct weekly  
            face-to-face contacts with them."

          "While Jessica's Law leaves open the door for local governments  
            to impose their own restrictions on paroled sex offenders,  
            parolees are finding relief from residency restrictions in the  
            courts."

          The California Supreme Court in In Re Taylor (2014) 60 Cal. 4th  
            1019, recently, ruled that CDCR's enforcement of the Jessica's  
            Law residency restrictions was unconstitutionally unreasonable  
            as applied to San Diego County.   The court held that because  
            blanket enforcement had caused many parolees to be homeless  
            and thus had hampered efforts to supervise and rehabilitate  
            them in the interests of public safety, such enforcement was  
            arbitrary and oppressive, violating due process under the 14th  
            Amendment to the U.S. Constitution, under a rational basis  
            analysis because it bore no rational relationship to advancing  
            the state's legitimate goal of protecting children from sexual  
            predators.  On March 26th of this year the CDCR announced,  
            that upon advice of the Attorney General, it would no longer  
            be enforcing Jessica's Law's blanket residency restrictions in  
            any parole region in the state.   To the extent that the  
            residency restriction in this bill would result in SVP's  
            becoming homeless, these restrictions would likely, also be  
            found to be unconstitutional.











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          3)Severability Clause:  This bill contains a provision which  
            states, "The provisions of this measure are severable.  If any  
            provision of this measure or its application is held invalid,  
            that invalidity shall not affect other provisions or  
            applications that can be given effect without the invalid  
            provision or application."  Severability clauses are  
            frequently contained in Voter Initiatives because the  
            constitutionality of the measure has not been subjected to  
            scrutiny.  However, it is an unusual provision in a bill  
            introduced in the Legislature.  Is the severability clause a  
            recognition by the author of the significant constitutional  
            issue in this bill?

          4)Argument in Support:  Supervisor Michael Antonovich of the Los  
            Angeles County Board of Supervisors states, "In 1995, the  
            Sexually Violent Predators (SVP) Program was established. An  
            SVP is a separate category of sex offender, and is defined as  
            "a person who has been convicted of a sexually violent offense  
            against one or more victims and who has a diagnosed mental  
            disorder that makes the person a danger to the health and  
            safety of others in that it is likely that he or she will  
            engage in sexually violent criminal behavior." As a result,  
            SVP's are admitted into State Hospitals for further treatment  
            following the end of their prison sentence.

          "SVP's have committed very serious crimes, such as Christopher  
            Hubbart who was dubbed the "pillowcase rapist" for assaulting  
            more than 40 women between 1971 and 1983.

          "After being granted conditional release, numerous sexually  
            violent predators have been given conditional releases into  
            Southern California communities-most of which are rural. These  
            are areas lack sufficient law enforcement protection to  
            quickly respond to incidents should an SVP cause a problem.  
            This makes the placement of a SVP in a rural area highly  
            problematic for the community's safety and residents are  
            understandably concerned.












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          "AB 262 offers a solution to this problem by designating  
            appropriate locations for sexually violent predators to be  
            released by requiring that a full-time police or sheriff  
            station be within 10 miles of the placement. It also prevents  
            sexually violent predators from engaging in a tenant-landlord  
            relationship or living with other sex offenders. 

          "The goal is to provide a safe environment for community where  
            law enforcement is available to quickly respond in an  
            emergency, and help reduce the potential for negative  
            influences on SVP's by other sex offenders who may be a  
            roommate or landlord."
          
          5)Argument in Opposition:  According to The California Public  
            Defenders Association, "AB 262 is a bald example of "Not in My  
            Backyard" legislation.  By prohibiting sexually violent  
            predators from living further than 10 miles from a fully  
            staffed police station, AB 262 would force individuals who  
            have been adjudicated as sexually violent predators to be  
            placed by the state contractor for conditional release to the  
            community, Liberty Healthcare, in urban or suburban areas.   
            Such legislation in not in the best interests of all of the  
            people of the State of California, regardless of where they  
            reside.


            "AB 262 may also be unconstitutional because in some cases it  
            would be tantamount to banishment. Liberty Healthcare has had  
            tremendous difficulty finding housing for individuals who have  
            completed sex offender treatment and have been found by the  
            courts to be appropriate candidates for conditional release.   
            According to the Executive Director of Liberty, the average  
            wait for Liberty to find housing is one year.<2> 


            "The court in People v. Superior Court (Karsai) (2013) 213  

            --------------------------


          <2> Alan Stillman, Executive Director of Liberty, talk to  
          California Coalition on Sexual Offending, East Bay Chapter,  
          March 31, 2014. 








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            Cal.App. 4th 774 detailed the extraordinary efforts that  
            Liberty went through to place Mr. Karsai in the community over  
            a span of several years. Housing offers were repeatedly  
            withdrawn including a trailer next to the San Luis Obispo  
            County Sheriffs' Department.  The Karsai court noted that  
            "Liberty (Health Care) (the conditional release provider for  
            the State) reported that its staff had traveled 6,793 miles in  
            a year of searching for a residence for Karsai and had viewed  
            1,261 properties in Santa Barbara, Ventura, and San Luis  
            Obispo Counties." (Id at 781-782.)  


            "The United States Supreme Court has allowed the civil  
            commitment and custody of individuals as long as they have a  
            currently diagnosed mental disorder which causes them to be a  
            danger to the community in that they are likely to reoffend.   
            Holding individuals who are not likely to reoffend and are no  
            longer dangerous in custody merely because of community  
            pressure or displeasure would not pass constitutional muster.



            The constitutional problems with AB 262 are compounded by the  
            prohibition against living with or in properties owned or  
            rented by people with serious or violent felonies. This  
            prohibition has no exceptions for family members.  
            AB 262 wastes scarce public resources.  Liberty has reported  
            that it typically pays two to three times fair market rate to  
            secure housing for individuals placed on conditional  
            release.<3>  Most individuals released pursuant to W&I section  
            6608 need financial assistance. Given the low vacancy rates  
            and high occupancy rates in California's cities, excluding  
            individuals on conditional release will cost taxpayers even  
            more.                                          



            --------------------------
          <3> Alan Stillman, Executive Director of Liberty, talk to  
          California Coalition on Sexual Offending, East Bay Chapter,  
          March 31, 2014.










                                                                     AB 262


                                                                     Page P


            "Again the financial waste in AB 262 is exacerbated by the  
            prohibition against individuals released pursuant to W&I  
            section 6608 living with or in properties owned or rented by  
            people with serious or violent felonies.  Since it would bar  
            any transitional housing or half house or religious program  
            that sought to help convicted felons and sex offenders  
            rehabilitate and reintegrate into society.  Many church groups  
            offer housing to help felons and sex offenders.  Under this  
            proposed legislation, they would be curtailed in their efforts  
            to do so.  Some research has found that housing people  
            together who have been previously convicted of serious  
            offenses can have beneficial consequences since they tend to  
            police each other better and be more attuned to a misstep by  
            other members of the community.


            "Finally, the prohibition against individuals released  
            pursuant to W&I section 6608 living with or in properties  
            owned or rented by people with serious or violent felonies is  
            unnecessarily restrictive and duplicative.  Penal Code section  
            3003.5 bars registered sex offenders who are released on  
            parole from living with any other sex offender.  The parole  
            tolling provision of Penal Code section 3000(a)(4) which  
            states that for anyone adjudicated a sexually violent predator  
            their parole is tolled until they are released."

          REGISTERED SUPPORT / OPPOSITION:

          Support

          Supervisor Michael D. Antonovich, Los Angeles County Board of  
          Supervisors
          Supervisor Diane Jacob, San Diego County 
          Agua Dulce Town Council
          Santa Ana Police Officers Association
          Long Beach Police Officers Association
          California Fraternal Order of Police 
          Los Angeles County Professional Peace Officers Association
          Sacramento County Deputy Sheriffs' Association











                                                                     AB 262


                                                                     Page Q


          Crime Victims United

          Opposition

          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Legal Services for Prisoners with Children

          
          Analysis Prepared  
          by:              Gregory Pagan / PUB. S. / (916) 319-3744