Senate BillNo. 507


Introduced by Senator Pavley

February 26, 2015


An act to amend Section 6603 of the Welfare and Institutions Code, relating to sexually violent predators.

LEGISLATIVE COUNSEL’S DIGEST

SB 507, as introduced, Pavley. 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. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists designated by the Director of State Hospitals. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the director is required to forward a request for a petition for commitment to the district attorney or county counsel, who may then file the petition with the court.

Under existing law, if one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment may request the department to perform replacement evaluations. These replacement evaluations include the review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated. Existing law requires that the department forward the replacement evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing.

This bill would provide that the attorneys in the civil commitment proceeding have the same access to medical and psychological records as the evaluators performing a replacement evaluation, and would direct the court to issue a subpoena or court order for those records upon request. The bill would authorize the attorneys to use the records in the commitment proceeding, but would prohibit disclosure of the records for any other purpose.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 6603 of the Welfare and Institutions Code
2 is amended to read:

3

6603.  

(a) A person subject to this article shall be entitled to a
4trial by jury, to the assistance of counsel, to the right to retain
5experts or professional persons to perform an examination on his
6or her behalf, and to have access to all relevant medical and
7psychological records and reports. In the case of a person who is
8indigent, the court shall appoint counsel to assist him or her, and,
9upon the person’s request, assist the person in obtaining an expert
10or professional person to perform an examination or participate in
11the trial on the person’s behalf. Any right that may exist under this
12section to request DNA testing on prior cases shall be made in
13conformity with Section 1405 of the Penal Code.

14(b) The attorney petitioning for commitment under this article
15shall have the right to demand that the trial be before a jury.

16(c) (1) If the attorney petitioning for commitment under this
17article determines that updated evaluations are necessary in order
18to properly present the case for commitment, the attorney may
19request the State Department of State Hospitals to perform updated
20evaluations. If one or more of the original evaluators is no longer
21available to testify for the petitioner in court proceedings, the
22attorney petitioning for commitment under this article may request
23the State Department of State Hospitals to perform replacement
24evaluations. When a request is made for updated or replacement
25evaluations, the State Department of State Hospitals shall perform
26the requested evaluations and forward them to the petitioning
27attorney and to the counsel for the person subject to this article.
28However, updated or replacement evaluations shall not be
29performed except as necessary to update one or more of the original
30evaluations or to replace the evaluation of an evaluator who is no
P3    1longer available to testify for the petitioner in court proceedings.
2These updated or replacement evaluations shall include review of
3available medical and psychological records, including treatment
4records, consultation with current treating clinicians, and interviews
5of the person being evaluated, either voluntarily or by court order.
6If an updated or replacement evaluation results in a split opinion
7as to whether the person subject to this article meets the criteria
8for commitment, the State Department of State Hospitals shall
9conduct two additional evaluations in accordance with subdivision
10(f) of Section 6601.

11(2) For purposes of this subdivision, “no longer available to
12testify for the petitioner in court proceedings” means that the
13evaluator is no longer authorized by the Director of State Hospitals
14to perform evaluations regarding sexually violent predators as a
15result of any of the following:

16(A) The evaluator has failed to adhere to the protocol of the
17State Department of State Hospitals.

18(B) The evaluator’s license has been suspended or revoked.

19(C) The evaluator is unavailable pursuant to Section 240 of the
20Evidence Code.

21(D) The independent professional or state employee who has
22served as the evaluator has resigned or retired and has not entered
23into a new contract to continue as an evaluator in the case, unless
24this evaluator, in his or her most recent evaluation of the person
25subject to this article, opined that the person subject to this article
26does not meet the criteria for commitment.

27(d) Nothing in this section shall prevent the defense from
28presenting otherwise relevant and admissible evidence.

29(e) If the person subject to this article or the petitioning attorney
30does not demand a jury trial, the trial shall be before the court
31without a jury.

32(f) A unanimous verdict shall be required in any jury trial.

33(g) The court shall notify the State Department of State Hospitals
34of the outcome of the trial by forwarding to the department a copy
35of the minute order of the court within 72 hours of the decision.

36(h) Nothing in this section shall limit any legal or equitable right
37that a person may have to request DNA testing.

38(i) Nothing in subparagraph (D) of paragraph (2) of subdivision
39(c) shall be construed to affect the authority of the State Department
P4    1of State Hospitals to conduct two additional evaluations when an
2updated or replacement evaluation results in a split opinion.

begin insert

3(j) Notwithstanding any other law, the attorney petitioning for
4commitment and the counsel for the person subject to this article
5shall have the same access to records as an evaluator pursuant to
6paragraph (1) of subdivision (c), and the court shall issue a
7subpoena or court order for those records upon request. The
8attorneys may use the records in proceedings under this article
9and shall not disclose them for any other purpose. The records
10are confidential to the extent otherwise provided by law.

end insert


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