BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 507 (Pavley) - Sexually violent predators
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|Version: April 30, 2015 |Policy Vote: PUB. S. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 28, 2015 |Consultant: Jolie Onodera |
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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
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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
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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
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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.
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