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 --