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