BILL ANALYSIS AB 888 Date of Hearing: May 17, 1995 ASSEMBLY COMMITTEE ON APPROPRIATIONS Curt Pringle, Chair AB 888 (Rogan) - As Amended: April 25, 1995 Policy Committee: Public Safety Vote: 5-0 State Mandated Local Program: Yes Reimbursable: Yes SUBJECT Sexually violent predators. This bill: 1) Makes Legislative declarations concerning the identification of sexually violent predators while incarcerated or while on parole. 3) Defines a sexually violent predator as a person who has been convicted of a sexually violent offense against two or more victims for which he or she received a determinate sentence and who has a mental abnormality or personality disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will again engage in sexually violent criminal behavior. 2) Allows the Department of Mental Health to petition the courts to commit sexually violent predators to a mental facility for two years upon their release from prison if they are deemed dangerous by a jury. 4) Requires that the Department of Corrections (CDC) and the Board of Prison Terms (BOPT) evaluate inmates who have previously been identified as sexually - continued - AB 888 Page 1 AB 888 violent predators to determine if they may still be a threat to society, and if so, shall begin commitment proceedings, to be filed by the appropriate district attorney or county counsel. 5) Provides procedures for the evaluation and return to custody of those parolees determined to be sexually violent predators who would benefit from commitment and treatment. 6) Defines the various procedures and methods of commitment which apply to civil commitment, probable cause hearings, jury trials and availability of counsel for sexually violent predators. - continued - AB 888 Page 2 AB 888 FISCAL EFFECT Major costs to the General Fund, for CDC and BOPT to perform evaluations and to the Department of Mental Health for commitment. Unknown cost to local government for district attorneys or county counsel to file and handle proceedings relating to commitment. Since this bill provides no new or expanded crime, costs incurred by local government would be reimbursable from the State Mandate Claims Fund as determined by the Commission on State Mandates. COMMENTS According to CDC, there are approximately 11,000 sex offenders currently in prison. Approximately 3,000 of these offenders are released per year, and under current law there is no legal authority to postpone these releases when there is a likelihood that the offender will commit another violent crime. - continued - AB 888 Page 3