BILL NUMBER: AB 1003 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Nazarian
FEBRUARY 26, 2015
An act to amend Section 6604.9 of the Welfare and
Institutions Code, relating to public social services.
mental health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1003, as amended, Nazarian. Mental health: State
Department of State Hospitals. Sexually violent
predators.
Existing law provides for the civil commitment of criminal
offenders who have been determined to be sexually violent predators
for treatment in a secure state hospital facility, as specified.
Existing law requires the Secretary of the Department of Corrections
and Rehabilitation to refer a prisoner for evaluation by the State
Department of State Hospitals when the secretary determines that the
person may be a sexually violent predator, and specifies the judicial
processes necessary for civil commitment as a sexually violent
predator, including, but not limited to, the right to a jury trial.
Existing law requires an annual examination of the mental condition
of a sexually violent predator to determine whether conditional
release to a less restrictive alternative or unconditional release is
in the best interest of the person and the conditions imposed would
adequately protect the community. Existing law requires that the
report be in the form of a declaration and prepared by a
professionally qualified person. Proposition 83, enacted by the
voters at the November 7, 2006, statewide general election, made
various changes to the sexually violent predator civil commitment
process.
Proposition 83 permits the Legislature to amend its provisions,
either by a 2/3 vote of the membership of each house, or by a
majority vote of the membership of each house if the amendments
expand the scope of the application of the provisions of the
proposition or increase the punishments or penalties provided in the
proposition.
This bill would require the report described above to be signed by
the Director of the State Department of State Hospitals. By amending
the requirements for the report, this bill would amend Proposition
83.
Existing law creates in state government the California State
Auditor's Office under the direction of the Milton Marks "Little
Hoover" Commission on California State Government Organization and
Economy. Existing law provides that the office is headed by the
California State Auditor and is independent of the executive branch
and legislative control. Existing law requires the California State
Auditor to conduct financial and performance audits as directed by
statute, and to conduct audits of a state or local governmental
agencies or other publicly created entities as requested by the Joint
Legislative Audit Committee.
Existing law also creates the State Department of State Hospitals
in the California Health and Human Services Agency. Existing law
requires that state hospitals provide care, treatment, and education
of mentally disordered persons who are under the jurisdiction of the
State Department of State Hospitals.
This bill would express the intent of the Legislature to enact
legislation that would implement the recommendations of a forthcoming
California State Auditor's report on the practices of doctors
contracting with the State Department of State Hospitals.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6604.9 of the
Welfare and Institutions Code is amended to read:
6604.9. (a) A person found to be a sexually violent predator and
committed to the custody of the State Department of State Hospitals
shall have a current examination of his or her mental condition made
at least once every year. The report shall be in the form of a
declaration and shall be prepared by a professionally qualified
person. The report shall also be signed by the Director of the
State Department of State Hospitals. The person may retain or,
if he or she is indigent and so requests, the court may appoint, a
qualified expert or professional person to examine him or her, and
the expert or professional person shall have access to all records
concerning the person.
(b) The annual report shall include consideration of whether the
committed person currently meets the definition of a sexually violent
predator and whether conditional release to a less restrictive
alternative, pursuant to Section 6608, or an unconditional discharge,
pursuant to Section 6605, is in the best interest of the person and
conditions can be imposed that would adequately protect the
community.
(c) The State Department of State Hospitals shall file this
periodic report with the court that committed the person under this
article. A copy of the report shall be served on the prosecuting
agency involved in the initial commitment and upon the committed
person.
(d) If the State Department of State Hospitals determines that
either: (1) the person's condition has so changed that the person no
longer meets the definition of a sexually violent predator and
should, therefore, be considered for unconditional discharge, or (2)
conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that adequately
protect the community, the director shall authorize the person to
petition the court for conditional release to a less restrictive
alternative or for an unconditional discharge. The petition shall be
filed with the court and served upon the prosecuting agency
responsible for the initial commitment.
(e) The court, upon receipt of the petition for conditional
release to a less restrictive alternative, shall consider the
petition using procedures described in Section 6608.
(f) The court, upon receiving a petition for unconditional
discharge, shall order a show cause hearing, pursuant to the
provisions of Section 6605, at which the court may consider the
petition and any accompanying documentation provided by the medical
director, the prosecuting attorney, or the committed person.
SECTION 1. It is the intent of the Legislature
to enact legislation that would implement the recommendations of a
forthcoming State Auditor's report on the practices of doctors
contracting with the State Department of State Hospitals.