BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1906|
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                                    THIRD READING


          Bill No:  AB 1906
          Author:   Melendez (R)
          Amended:  8/15/16 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 5/10/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           ASSEMBLY FLOOR:  74-0, 3/28/16 (Consent) - See last page for  
            vote

           SUBJECT:   Mental health:  sexually violent predators


          SOURCE:    California District Attorneys Association


          DIGEST:   This bill (1) requires the Department of State  
          Hospitals (DSH) to request that a district attorney file a  
          petition for commitment of a person as a sexually violent  
          predator (SVP) within 20 days of the determination by DSH that  
          the person meets the criteria for commitment as an SVP; and (2)  
          clarifies that good cause for a hold of up to 45 days after an  
          inmate's scheduled release date to allow DSH to evaluate the  
          inmate as a possible SVP includes recalculation or restoration  
          of sentencing credits by "any custodial agency or court."


          Senate Floor Amendments of 8/15/16 (1) clarify that a request  
          from DSH to a prosecutor to file a petition for commitment of an  
          inmate determined by DSH to be an SVP, and who has been held for  
          45 days so that DSH can complete an evaluation before scheduled  
          release, shall be made at least 20 days prior to expiration of  
          the hold; and (2) clarify that good cause to hold an inmate for  
          45 days includes recalculation or restoration of credits "by any  








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          custodial agency or court". 


          ANALYSIS: 


          Existing law:


           1) Provides for the civil commitment for psychiatric and  
             psychological treatment of a prison inmate found to be an 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 an SVP to be held for an  
             indeterminate term upon commitment.  (Welf. & Inst. Code, §  
             6604.1.)


           4) Requires that a person found to have been an SVP and  
             committed to the 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 an 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  








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             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 an 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 DSH 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  
             engage in sexually violent criminal behavior due to his or  
             her diagnosed mental disorder if under supervision and  
             treatment in the community. Existing law further 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).)









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           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.  Existing  
             law further 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 DSH, to petition the court for  
             unconditional discharge, as specified.  (Welf. & Inst. Code,  
             § 6608, subd. (k).)


          This bill:




           1) Requires the Director of DSH to forward a request to a  
             county that a petition be filed for a person to be committed  
             to DSH for SVP treatment no later than 20 calendar days prior  
             to the scheduled release date of the person, or no less than  
             20 days prior to expiration of a hold that was imposed to  
             give DSH time to complete an evaluation of the inmate as a  
             possible SVP prior to scheduled release.









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           2) Clarifies that a good cause for a hold of up to 45 days to  
             allow DSH to complete an evaluation of the inmate as a  
             possible SVP includes recalculation or restoration of credits  
             by any custodial agency or court.  


          Background


          The SVP law was enacted in 1995 in response to concerns that  
          dangerous sex offenders were being released into the community  
          after they served determinate sentences in prison. The law is  
          especially complicated.  There are numerous steps and entities  
          involved in the process of assessing and committing a person to  
          DSH as an SVP.  The law has been frequently amended to prevent  
          or forestall release of an alleged or committed SVP due to some  
          problem or anomaly arising from the complexity of process.  For  
          example, the law was amended by two separate urgency bills in  
          the 1999-2000 legislative session.  One bill allowed the  
          California Department of Corrections and Rehabilitation (CDCR)  
          to hold a potential SVP 45 days past his parole release date so  
          that DSH experts could complete required SVP evaluations.  The  
          other bill allowed commitment proceedings to proceed despite a  
          mistake in law or fact by CDCR as to application of parole  
          rules.  In 2015, the law was amended to give prosecutors access  
          to material relied upon by evaluators in producing updated  
          evaluations of alleged SVPs.  Other amendments from 1999 through  
          2015 have concerned notice requirements to communities where an  
          SVP will be released and virtually every other aspect of the  
          law.  
          
          Comments

          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,  








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            criminal, and 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 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 of the alleged SVP to the county  
            where trial will be held.  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 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.










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          Since the SVP law was enacted in 1996, the law has been amended  
          very numerous times as issues on the application of the law have  
          arisen in the courts.  The SVP law requires DSH to evaluate an  
          inmate as a possible SVP at least six months prior to release,  
          with exceptions for circumstances where an inmate's release date  
          was modified or the inmate was received by the prison system  
          with fewer than nine months to serve on his sentence.  These  
          provisions did not address circumstances where an inmate was  
          scheduled to be released on parole prior to the time an  
          evaluation could be completed.  These cases occurred where an  
          inmate's sentencing credits were restored or recalculated, or  
          where a court ordered an inmate's release.  To address these  
          cases, the law was amended to authorize, for good cause, a  
          45-day hold past the inmate's scheduled release to allow DSH to  
          complete an evaluation.  The law was thereafter amended to  
          specify that good cause means a recalculation or restoration of  
          credits.  This bill clarifies that good cause for a hold  
          involves restoration or recalculation of credits "by any  
          custodial agency or court."  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/16/16)


          California District Attorneys Association (source)
          California State Sheriffs' Association


          OPPOSITION:   (Verified8/16/16)


          None received




           ASSEMBLY FLOOR:  74-0, 3/28/16
           AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  








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            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,  
            Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove,  
            Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED:  Chang, Dahle, Eggman, McCarty, O'Donnell



          Prepared by:  Jerome McGuire / PUB. S. /
          8/16/16 17:57:14


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