BILL ANALYSIS                                                                                                                                                                                                    



               
                                                          AB 888


                      ASSEMBLY THIRD READING

            AB 888 (Rogan) - As Amended:  May 31, 1995

ASSEMBLY ACTIONS:  

COMMITTEE      PUB. S.       VOTE   5-0COMMITTEE         APPR.VOTE   
15-3 
                                Ayes: Pringle, V. Brown, Aguiar,    
      Bates, Bordonaro,
                                      Brewer, Bustamante,
                                      Friedman, Goldsmith, Katz,  
Lee,
                                      Olberg, Poochigian, Rogan,    
      Takasugi

                                Nays: Martinez, K. Murray,         
Villaraigosa 
 DIGEST

 Existing law provides for the continued treatment of mentally  
disordered prisoners when they are released to parole. 

 This bill:

 1) Creates a civil commitment process for sexually violent  
    predators, as defined.

 2) Defines a sexually violent predator as a person who has been  
    convicted of a sexually violent offense 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 engage in sexually violent predatory  
    criminal behavior.  Conviction of one or more of the crimes  
    enumerated, shall constitute evidence that may support a court  
    or jury determination that the person is a sexually violent  
    predator, but shall not be the sole basis for the treatment.

 3) Defines sexually violent offense to mean a felony violation of  

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    Penal Code sections 261(a)(2) (forcible rape); 262(a)(1)  
    (forcible spousal rape); 264.1 (rape in concert); 286  
    (sodomy); 288(a) or (b) (lewd or lascivious act with a child  
    under age 14, with or without force); 288a (oral copulation),  
    which results in conviction and a determinate sentence.

 4) Provides that whenever the Director of Corrections determines  
    that an individual, who is under the jurisdiction of the  
    California Department of Corrections (CDC), may be a sexually  
    violent predator, the director shall, at least six-months  
    prior to that individual's scheduled date of release from  
    prison or termination of parole, refer that person for  
    evaluation.

 5) Provides that the potential sexually violent predator shall be  
    screened by the CDC and the Board of Prison Terms based on  
    whether the person has committed a sexually violent predatory  
    offense and on a review of the person's social, criminal and  
    institutional history.  The screening shall be in accordance  
    with a structured screening instrument.  If, as a result of  
    this screening, it is determined that the person is likely to  
    be a sexually violent predator, the CDC shall refer the person  
    to the Department of Mental Health (DMH) for a full  
    evaluation.

 6) Provides that the DMH shall evaluate the person in accordance  
    with a standardized assessment protocol, which shall be  
    developed and updated by the DMH.  This protocol shall require  
    assessment of mental abnormalities and personality disorders,  
    as well as other factors associated with the risk of  
    re-offense among sex offenders.  Specifies evaluation  
    procedure.  Where the DMH determines that the person is a  
    sexually violent predator, the Director of DMH shall initiate  
    the commitment process.  Copies of the evaluation reports and  
    any other supporting documents shall be made available to the  
    attorney designated by the county who may file a petition for  
    commitment.

 7) Provides that the petition for commitment shall be filed in  
    the superior court of the county in which the person was  

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    convicted of the offense for which he or she is under CDC's  
    jurisdiction.  The petition shall be filed, and the  
    proceedings shall be handled, by either the district attorney  
    or the county counsel.

 8) Provides that the time limits set forth in Welfare and  
    Institutions Code section 6601 shall not apply during the  
    first year that this article is operative.  

 9) Provides that a Superior Court Judge shall within 72 hours,  
    review the petition and shall determine whether there is  
    probable cause to believe the individual is likely to engage  
    in sexual violent predatory criminal behavior upon his or her  
    release.  If probable cause exists, then the judge shall order  
    that a trial be conducted.

10) Provides that persons subject to this provision shall be  
    entitled to a trial by jury, the assistance of counsel, the  
    right to retain experts or professional persons to perform an  
    examination on his or her behalf, and have access to all  
    relevant medical and psychological records and reports.   
    Indigents shall have counsel appointed for them, and upon the  
    person's request, be given assistance in obtaining experts.  

11) Provides that the attorney petitioning for commitment shall  
    have the right to demand a jury trial.  If no demand is made  
    by either party, the trial shall be before the court without a  
    jury.  In any jury trial, a unanimous verdict is required.

12) Provides for the commitment of a sexually violent predator for  
    two years.  The sexually violent predator is committed to a  
    secure mental state hospital only after a court or jury has  
    found, beyond a reasonable doubt, that he or she is a sexually  
    violent predator.  The sexually violent predator shall be  
    committed to the custody of the DMH.  The person shall not be  
    kept in actual custody longer than two years unless a  
    subsequent extended commitment is obtained from the court  
    incident to the filling of a new petition for commitment.   
    Time spent on conditional release shall not count toward the  
    two-year term of commitment, unless the person is placed in a  

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    locked facility by the conditional release program.  The  
    facility shall be located on the grounds of an institution  
    under the jurisdiction of the CDC.

13) Provides that a person found to be a sexually violent predator  
    and committed to the custody of the DMH shall have a current  
    examination of his or her mental condition made at least once  
    every year.  The person may retain, or the court may appoint a  
    qualified expert to examine him or her.  
14) Provides that the committed person shall receive an annual  
    written notice of his or her right to petition the court for  
    conditional release.  If the person does not affirmatively  
    waive his or her right to petition the court, the court shall  
    set a show cause hearing to determine whether facts exist that  
    warrant a hearing on whether the person's condition has so  
    changed that he or she would not be a danger to the health and  
    safety of others if discharged.  The committed person has a  
    right to be present and to have an attorney represent him or  
    her at the show cause hearing.  Where the court or jury rules  
    against the committed person at the show cause hearing, the  
    term of commitment of the person shall run for a period of two  
    years from the date of the ruling.

15) Requires that the person who is committed be provided with  
    programming by the DMH.  The DMH shall provide the person with  
    treatment for his or her abnormality or personality disorder.   
    The programming provided by the DMH shall be consistent with  
    current institutional standards for the treatment of sex  
    offenders, and shall be based on a structured treatment  
    protocol developed by the DMH.  The protocol shall describe  
    the treatment components provided, and shall specify how  
    assessment data will be used to determine the course of  
    treatment for each individual offender.  The protocol shall  
    also specify measures that will be used to assess treatment  
    progress and changes with respect to the individual's risk of  
    re-offense.

16) Provides that persons who have been committed as a sexually  
    violent predator may petition the court for conditional  
    release and subsequent unconditional discharge without the  

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    recommendation or concurrence of the the Director of DMH.   
    Review of petition shall be undertaken by the court.

17) Specifies that at the end of one year, the court shall hold a  
    hearing to determine if the person should be unconditionally  
    released from commitment on the basis that, by reason of a  
    mental abnormality or personality disorder, he or she is not a  
    danger to the health and safety of others in that it is not  
    likely that he or she will engage in sexually violent criminal  
    behavior.

18) Sets forth legislative findings, as specified.

 FISCAL EFFECT

According to the Assembly Appropriations Committee analysis, major  
costs to the General Fund for CDC and the Board of Prison Terms to  
perform evaluations and to the DMH for commitment.  Unknown costs  
to local government for district attorneys or county counsels 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 the author, as a result of determinate sentencing,  
sex offenders are now automatically released from prison at the  
end of their terms.  According to the California Department of  
Corrections, there are approximately 11,000 sex offenders  
currently in state prison.  The law compels the release of about  
250 of these inmates a month, or 3,000 a year.  Predatory child  
molesters, forcible rapists, and repeat violent sex offenders are  
among them.

Under current law, there is no legal authority to detain and treat  
sexually violent offenders who, because of a mental abnormality or  
personality disorder, are likely to re-offend once released from  
prison.  Likewise, there is no current way to prevent their  
release into society.

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California needs a civil commitment procedure to allow the state a  
means to place and treat sexually violent predators in a secure  
mental facility following their release from prison.

This proposal would allow prosecutors to petition the courts to  
commit sexually violent predators to a secure mental facility  
after they are released from prison if they are deemed dangerous  
by a jury.

This proposal would define a sexually violent predator as an  
offender who is convicted of a sexually violent offense such as  
rape or child molestation, committed under one or more specified  
aggravating circumstances, and who has a mental abnormality or  
personality disorder that predisposes the individual to commit  
sexually violent offenses.

The Director of Corrections may refer inmates for a clinical  
evaluation by a mental health specialist at the Department of  
Corrections and Mental Health to determine if they fit the  
profile.  If they concur, the district attorney in the county of  
conviction would petition the supporter court to commit the  
offender to the custody of the Department of Mental Health.  Upon  
a finding of probable cause, the court holds a trial to determine  
beyond a reasonable doubt whether the offender meets the criteria  
described above.

The commitment will last until the person's mental health  
abnormality or personality disorder has so changed that the person  
is no longer likely to commit acts of sexual violence.  Either the  
patient or the Director of Mental Health may petition the court to  
make this determination.

After the inpatient treatment ends, the offender must participate  
in a community based supervision program.  Unconditional release  
from the program requires a verdict at trial that the offender is  
no longer likely to commit a sexually violent offense.
                                                                    
  FN 016043

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