BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1906


                                                                    Page  1


          Date of Hearing:  March 15, 2016
          Chief Counsel:     Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          AB  
                   1906 (Melendez) - As Introduced  February 11, 2016




          SUMMARY:  Requires the Director of the Department of State  
          Hospitals (DSH) to forward a request to a county that a petition  
          be filed for a person to be committed to the DSH for sexually  
          violent predator (SVP) treatment no later than 20 calendar days  
          prior to the scheduled release date of the person. 

          EXISTING LAW:  

          1)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.)

          2)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).)

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








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            6604.1.)

          4)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.)

          5)Allows a SVP to seek conditional release with the  
            authorization of the DSH Director 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.)

          6)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).)


          7)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).)

          8)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).)

          9)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  








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            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).)

          10)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).)

          11)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)

          12)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

          COMMENTS:  

          1)Author's Statement:  According to the author, "When the  
            California Department of Corrections and Rehabilitation (CDCR)  
            and the Board of Parole Hearings (BPH) determine that an  
            individual in custody may be an SVP, based on their commitment  
            offense and a review of their social, criminal, and  








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            institutional history, the individual is referred to the DSH  
            for a full SVP evaluation.



            "Following that evaluation, if DSH determines that the  
            individual is an SVP, the Director of DSH is required to  
            request that the District Attorney or County Counsel in the  
            county in which the person was convicted file a petition for  
            commitment.  The filing of that petition begins a civil  
            commitment process, which can lead to the individual being  
            confined at Coalinga State Hospital to receive treatment until  
            it is determined that they no longer pose a risk of  
            re-offense.





            "The SVP Act, as currently written, contains a statutory  
            timeline for each step of the evaluation process, as well as  
            time limits for the filing of the petition and certain court  
            proceedings.  It does not, however, contain a time frame for  
            the submission of the request for the filing of a petition to  
            the DA or County Counsel.  Because of this, DSH often submits  
            filing materials less than 48 hours before the release of an  
            inmate who has already been determined to qualify as an SVP.





            The result of these late requests is that the prosecuting  
            agency bears the burden of filing a case and transporting a  
            defendant at the last minute at an enormous cost and use of  
            resources.  The better, and long accepted operating practice  
            is for DSH to submit the filing in time for the DA to be able  
            to meaningfully review the request, file the petition, and  
            arrange for transportation through Statewide Transportation.   
            In at least one instance in Los Angeles County, the filing  
            request was submitted too late for the filing of a petition.   
            In several instances, the supporting documents that are  








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            necessary for the filing of a petition were not certified and  
            there was little to no time to correct this egregious error by  
            DSH.

            The simple solution to this problem is to create a statutory  
            requirement that DSH submit the request for the filing of a  
            petition no fewer than 20 days prior to the release of a  
            person determined to be an SVP.  This provides the attorneys  
            with time to meaningfully review and prepare a petition, and  
            protects public safety by helping to ensure that nobody slips  
            through the cracks due to a last minute filing request.

          2)Argument in Support:  The California District Attorneys  
            Association states, " The SVP Act (Welfare & Institutions Code  
            section 6600 et seq), as currently written, contains a  
            statutory timeline for each step of the evaluation process, as  
            well as time limits for the filing of the petition and certain  
            court proceedings. It does not, however, contain a time frame  
            for the submission of the request for the filing of a petition  
            to the DA or County Counsel. Because of this, DSH often  
            submits filing materials less than 48 hours before the release  
            of an inmate who has already been determined to qualify as an  
            SVP. 
            
            "The result of these late requests is that the prosecuting  
            agency bears the burden of filing a case and transporting a  
            defendant at the last minute at an enormous cost and use of  
            resources. The better, and long accepted operating practice is  
            for DSH to submit the filing in time for the DA to be able to  
            meaningfully review the request, file the petition, and a  
            arrange for transportation through Statewide Transportation.  
            In at least one instance in Los Angeles County, the filing  
            request was submitted too late for the filing of a petition.  
            In several instances, the support documents that are necessary  
            for the filing of a petition were not certified and there was  
            little to no time to correct this egregious error by DSH.

            "AB 1906 would create a statutory requirement that DSH submit  
            the request for the filing of a petition no fewer than 20 days  
            prior to the release of a person determined to be an SVP. This  
            provides the attorneys with time to meaningfully review and  
            prepare a petition, and protects public safety by helping to  








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            ensure that nobody slips through the cracks due to a last  
            minute filing request."

          3)Prior Legislation:  AB 1003 of the 2015 Legislative Session  
            created an SVP oversight board comprised of members from the  
            DSH and the criminal justice system to make recommendation to  
            the Governor and Legislature regarding the SVP program.   AB  
            1003 was held on the Assembly Appropriations Committee  
            suspense file.

          REGISTERED SUPPORT /  
          OPPOSITION:



          Support

          California District Attorneys Association
          California State Sheriffs' Association 
          
          Opposition

          None

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