BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1295  


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          Date of Hearing:  August 3, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          SB 1295  
          (Nielsen) - As Amended June 27, 2016


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          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.










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          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  








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          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



















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