BILL ANALYSIS Ó SB 1295 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1295 (Nielsen) - As Amended June 27, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes the use of documentary evidence for purposes of satisfying the criteria used to evaluate whether a prisoner released on parole is required to be treated by the Department of State Hospitals (DHS) as a mentally disordered offender (MDO). It also states that the details underlying the commission of the offense that led to the conviction, including the use of force or violence, causing serious bodily injury, or the threat to use force or violence likely to produce substantial physical harm, may be shown by documentary evidence, including, but not limited to, evaluations by the DHS. SB 1295 Page 2 FISCAL EFFECT: 1)Potential future trial court cost savings (General Fund) to the extent the admissibility of documentary evidence reduces the amount of time spent in trial, including the number and complexity of appeals to decide evidentiary issues. 2)Minor, if any, fiscal impact to the Board of Parole Hearings (BPH) and its existing MDO process. 3)Minor fiscal impact, if any on DHS. COMMENTS: Purpose and Background. This bill is in response to the California Supreme Court case People v. Stevens (2015) 64 Cal.4th 325. In Stevens, the prosecution attempted to prove the underlying conviction through the expert testimony of a psychologist. The Court held that: 1) the state may not prove the facts underlying the commitment offense through a mental health expert's opinion; and 2) mental health experts may not testify about a topic that is not sufficiently beyond common experience that the opinion of an expert would assist the trier of fact. However, the Court noted that the Legislature is free to create a hearsay exception, as it had done in Sexually Violent Predator (SVP) law. Similar to the list of qualifying crimes in MDO law, SVP law also has a list of qualifying crimes. As the Stevens court SB 1295 Page 3 noted, current SVP law has a hearsay exception authorizing the use of documentary evidence. The relevant SVP law states: "Conviction of one or more of the crimes enumerated in this section shall constitute evidence that may support a court or jury determination that a person is a sexually violent predator, but shall not be the sole basis for the determination. The existence of any prior [sexually violent] convictions may be shown with documentary evidence. The details underlying the commission of an offense that led to a prior conviction, including a predatory relationship with the victim, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals." The proposed MDO language in this bill mirrors SVP law, which is appropriate given that courts often compare the two areas of the law. Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081 SB 1295 Page 4