BILL ANALYSIS Ó AB 1906 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1906 (Melendez) As Amended August 15, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: | 74-0 |(March 28, |SENATE: | 39-0 |(August 17, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: PUB. S. 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. The Senate amendments clarify that if 45 day hold is placed on a person determined to be an SVP, the Director of DSH shall forward a request that a petition be filed to commit the person to DSH for treatment at least 20 calendar days prior to the expiration of the hold. EXISTING LAW: 1)Provides for the civil commitment for psychiatric and AB 1906 Page 2 psychological treatment of a prison inmate found to be a SVP after the person has served his or her prison commitment. 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." 3)Permits a person committed as a SVP to be held for an indeterminate term upon commitment. 4)Requires that a person found to have been a 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. 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. 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. 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. 8)Requires the court to first obtain the written recommendation AB 1906 Page 3 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. 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. 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. 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. 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. 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. AB 1906 Page 4 FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel. 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, 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, 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 [District Attorney] 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 AB 1906 Page 5 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004316