BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 507 (Pavley) - Sexually violent predators ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 30, 2015 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 28, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- SUSPENSE FILE. AS AMENDED. Bill Summary: SB 507 would require an evaluator designated by the Department of State Hospitals (DSH) who performs an updated evaluation to include a statement listing the medical and psychological records reviewed by the evaluator, and would direct the court to issue a subpoena, upon a request of either party to the Sexually Violent Predator (SVP) commitment proceeding, for a certified copy of these records. Fiscal Impact (as approved May 28, 2015): DSH administration : Minor administrative costs (General Fund) to DSH to provide certified copies of records utilized to conduct updated evaluations. SVP caseload : Potential future increase in annual state costs to the extent increased access to records results in fewer SVP releases from DSH custody. The annual cost to DSH SB 507 (Pavley) Page 1 of ? to treat a SVP is estimated at $210,000 (General Fund). Court impact : Potential increase in court time and costs to the extent motions to quash the production of records results in lengthier hearings. Background: Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators (SVPs) for treatment in a secure state hospital facility. Under existing law, individuals to be evaluated for civil commitment are evaluated by two practicing psychiatrists or psychologists designated by the DSH. If both evaluators concur that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of DSH 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 evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment may request the DSH to perform replacement evaluations. These 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 DSH forward the replacement evaluations to the petitioning attorney and to the counsel for the person who is the subject of the commitment hearing. Proposed Law: This bill would require an evaluator performing an updated evaluation of an individual potentially subject to a civil commitment as an SVP to include with the evaluation a statement listing all records reviewed by the evaluator, including medical and psychological records, treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. Additionally, this bill: Requires the court to issue a subpoena, upon the request of either party, for a certified copy of the records. Requires the records to be provided to the attorney SB 507 (Pavley) Page 2 of ? petitioning for commitment and the counsel for the person subject to potential commitment. Provides that the bill's provisions do not affect the right of any party to object to the introduction of evidence that is more prejudiced than probative. Provides that the bill's provisions do not create any new rights or limitations regarding the retention of an expert witness by either party or access to records by an expert retained or sought to be retained by either party. Prohibits the attorney petitioning for commitment from providing access to the records to any third party without the consent of the court upon noticed motion. Prior Legislation: AB 1607 (Fox) Chapter 877/2014 provides that the designated attorney for the county of domicile of a conditionally released SVP patient - the county to which the person will be released - shall be determined by a newly defined process involving the court, the county of commitment and each county that could be determined to be the county of domicile. SB 295 (Emmerson) Chapter 182/2013 made a series of clarifying revisions to procedures used by the courts for handling SVP petitions regarding conditional and unconditional release. SB 760 (Alquist) Chapter 790/2012 authorized an attorney petitioning for the commitment of a SVP to request the DSH to perform a replacement evaluation if the evaluator "is no longer able to testify for the petitioner in court proceedings" as a result of the retirement or resignation of the evaluator and the evaluator has not entered into a new contract to continue as an evaluator on the case except in the instance the evaluator has opined that the individual named in the petition has not met the criteria for commitment, as specified. Proposition 83 (Jessica's Law) 2006, provided that a person committed as an SVP may be held for an indeterminate term upon commitment or until it is shown that the defendant no longer poses a danger to others. Jessica's Law also amended the SVP Act to make it more difficult for SVPs to petition for less restrictive alternatives to commitment. Staff Comments: The DSH would likely incur minor administrative SB 507 (Pavley) Page 3 of ? costs to provide certified copies of records to parties in a SVP proceeding. To the extent the provision of additional treatment records in these proceedings results in fewer SVP releases from DSH custody, the provisions of this bill could result in increased costs to DSH for SVP treatment. While the number of persons that will be impacted is unknown, the annual cost to DSH to treat one SVP patient is estimated at $210,000 (General Fund). To the extent persons who otherwise would have been released and subsequently reoffend and are committed to state prison, the provisions of this measure could result in future cost savings that would partially offset the additional costs to DSH. Committee amendments (as adopted May 28, 2015): To address record confidentiality concerns, the amendments provide that either party may move to quash the production of all or a portion of a record or records subpoenaed on the ground that the record is not likely to lead to the discovery of admissible evidence regarding whether or not the person is a SVP. If the motion to quash is granted, the records shall retain any confidentiality that may apply under existing law. -- END --