BILL NUMBER: AB 1496	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JANUARY 22, 1996
	AMENDED IN SENATE   JULY 11, 1995
	AMENDED IN SENATE   JUNE 28, 1995
	AMENDED IN ASSEMBLY   MAY 15, 1995

INTRODUCED BY  Assembly Member  Valerie Brown  
Sher 
    (Coauthors:  Senators Alquist, Ayala, Beverly, Boatwright,
Calderon, Costa, Craven, Dills, Greene, Hayden, Haynes, Hughes,
Hurtt, Johannessen, Johnson, Johnston, Kelley, Killea, Kopp, Leonard,
Leslie, Lewis, Lockyer, Maddy, Mello, Monteith, Mountjoy, O'Connell,
Peace, Petris, Polanco, Rogers, Rosenthal, Russell, Solis, Thompson,
Watson, and Wright) 

                        FEBRUARY 24, 1995

    An act to amend Section 12027.1 of the Penal Code,
relating to peace officers.   An act to amend Sections
6601 and 6602 of, and to add and repeal Sections 6601.3 and 6601.5
of, the Welfare and Institutions Code, relating to sexually violent
predators, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1496, as amended,  V. Brown   Sher  .
   Peace officers:  disability: retirement  
Sexually violent predators  . 
   (1) Existing law specifies procedures for the civil commitment of
sexually violent predators.  Pursuant to these procedures, a person
who is in custody under the jurisdiction of the Department of
Corrections may be referred to the State Department of Mental Health
for an evaluation as to whether the person may be a sexually violent
predator.
   This bill would provide that the Board of Prison Terms may order
that such a person remain in custody for no more than 45 days for the
purposes of the evaluation, except as provided.
   This bill also would provide that, upon the filing of a petition
for commitment of a person who is a sexually violent predator, a
judge of the superior court shall review the petition and determine
whether there is probable cause to believe the person is likely to
engage in sexually violent predatory criminal behavior upon release.
If the judge determines that there is probable cause for such a
finding, the judge shall order the person to be detained in a secure
facility.
   These provisions would be repealed on January 1, 1998.
   (2) Existing law also provides for a probable cause hearing for
purposes of ordering the trial of a sexually violent predator.
   This bill would provide that, if no probable cause is found, any
person subject to parole shall report to parole.  If there is
probable cause for purposes of ordering a trial, the person shall
remain in custody in a secure facility until the trial is completed.

   The bill would declare that it is to take effect immediately as an
urgency statute.  
   Existing law provides that the identification certificate or
endorsement issued to peace officers authorizing the officers to
carry a concealed and loaded firearm is also applicable to honorably
retired peace officers who during the course and scope of their
employment as peace officers were authorized to, and did, carry
firearms.  However, no peace officer who is retired after January 1,
1989, because of a psychological disability may be issued an
endorsement to carry a concealed and loaded firearm pursuant to this
provision.
   This bill would provide that the provision prohibiting an officer
from carrying a concealed weapon if he or she retires because of a
psychological disability does not apply to retirement due to stress,
as specified. 
   Vote:   majority   2/3  .
Appropriation:  no.  Fiscal committee:   no  
yes  .  State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  
  SECTION 1.  Section 12027.1 of the Penal Code is  
  SECTION 1.  Section 6601 of the Welfare and Institutions Code is
amended to read: 
   6601.  (a) Whenever the Director of Corrections determines that an
individual who is in custody under the jurisdiction of the
Department of Corrections, and who is either serving a determinate
prison sentence or whose parole has been revoked, may be a sexually
violent predator, the director shall, at least six months prior to
that individual's scheduled date for release from prison, refer the
person for evaluation in accordance with this section.
   (b) The person shall be screened by the Department of Corrections
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.  This
screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
Mental Health in consultation with the Department of Corrections.
If as a result of this screening it is determined that the person is
likely to be a sexually violent predator, the Department of
Corrections shall refer the person to the State Department of Mental
Health for a full evaluation of whether the person meets the criteria
in Section 6600.
   (c) The State Department of Mental Health shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of Mental Health, to
determine whether the person is a sexually violent predator as
defined in this article.  The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders.  Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
   (d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of Mental Health.  If both evaluators concur that the person
has a diagnosed mental disorder such that he or she is likely to
engage in acts of sexual violence without appropriate treatment and
custody, the Director of Mental Health shall forward a request for a
petition for commitment under Section 6602 to the county designated
in subdivision (i).  Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment.
   (e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of
Mental Health shall arrange for further examination of the person by
two independent professionals selected in accordance with subdivision
(g).
   (f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d).  The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article.  It is not required that the person appreciate or understand
that information.
   (g) Any independent professional who is designated by the Director
of Corrections or the Director of Mental Health for purposes of this
section shall not be a state government employee, shall have at
least five years of experience in the diagnosis and treatment of
mental disorders, and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology.  The
requirements set forth in this section also shall apply to any
professionals appointed by the court to evaluate the person for
purposes of any other proceedings under this article.
   (h) If the State Department of Mental Health determines that the
person is a sexually violent predator as defined in this article, the
Director of Mental Health shall forward a request for a petition to
be filed for commitment under this article to the county designated
in subdivision (i).  Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment  in the superior court  .
   (i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she is under the jurisdiction of the
Department of Corrections.  The petition shall be filed, and the
proceedings shall be handled, by either the district attorney or the
county counsel of that county.  The county board of supervisors shall
designate either the district attorney or the county counsel to
assume responsibility for proceedings under this article.
   (j) The time limits set forth in this section shall not apply
during the first year that this article is operative.   
  SEC. 2.  Section 6601.3 is added to the Welfare and Institutions
Code, to read:
   6601.3.  (a) The Board of Prison Terms may order that a person
referred to the State Department of Mental Health pursuant to
subdivision (b) of Section 6601 remain in custody for no more than 45
days for full evaluation pursuant to subdivisions (c) to (h),
inclusive, of Section 6601, unless his or her scheduled date of
release falls more than 45 days after referral.
   (b) This section shall remain in effect only until January 1,
1998, and as of that date is repealed.
  SEC. 3.  Section 6601.5 is added to the Welfare and Institutions
Code, to read:
   6601.5.  (a) Upon filing of the petition and a request for review
under this section, a judge of the superior court shall review the
petition and determine whether the petition states or contains
sufficient facts that, if true, would constitute probable cause to
believe that the individual named in the petition is likely to engage
in sexually violent predatory criminal behavior upon his or her
release.  If the judge determines that the petition, on its face,
supports a finding of probable cause, the judge shall order that the
person be detained in a secure facility until a hearing can be held
pursuant to Section 6602.  The probable cause hearing provided for in
Section 6602 shall be held within 10 calendar days of the date of
the order issued by the judge pursuant to this section.
   (b) This section shall remain in effect only until January 1,
1998, and as of that date is repealed.
  SEC. 4.  Section 6602 of the Welfare and Institutions Code is
amended to read: 
   6602.  A judge of the superior court shall review the petition and
shall determine whether there is probable cause to believe that the
individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release.  The
person named in the petition shall be entitled to assistance of
counsel at the probable cause hearing.  If the judge determines there
is not probable cause, he or she shall dismiss the petition  and
any person subject to parole shall report to parole  .  If the
judge determines that there is probable cause, the judge shall order
that  the person remain in custody in a secure facility until a
trial is completed and shall order that  a trial be conducted to
determine whether the person is, by reason of  a  diagnosed
mental disorder, a danger to the health and safety of others in that
the person is likely to engage in acts of sexual violence upon his
or her release from the jurisdiction of the Department of Corrections
 or other secure facility .   
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide immediate protection to the public from
sexually violent predators who will be released in the near future,
it is necessary that this act take effect immediately.  
amended to read:
   12027.1.  (a) (1) (A) (i) Any peace officer employed by an agency
and listed in Section 830.1 or 830.2 or subdivision (c) of Section
830.5 who retired after January 1, 1981, shall have an endorsement on
the identification certificate stating that the issuing agency
approves the officer's carrying of a concealed and loaded firearm.
   (ii) Any peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5 who retired prior to January 1,
1981, is authorized to carry a concealed and loaded firearm if the
agency issued the officer an identification certificate and the
certificate has not been stamped as specified in paragraph (2) of
subdivision (a) of Section 12027.
   (iii) Peace officers not listed in clause (i) or (ii) who were
authorized to, and did, carry firearms during the course and scope of
their employment as peace officers, shall have an endorsement on the
identification certificate stating that the issuing agency approves
the officer's carrying of a concealed and loaded firearm.
   (B) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement on the certificate
may be revoked or denied by the issuing agency only upon a showing of
good cause.  Good cause shall be determined at a hearing, as
specified in subdivision (d).
   (2) A retired peace officer may have his or her privilege to carry
a concealed and loaded firearm revoked or denied by violating any
departmental rule, or state or federal law that, if violated by an
officer on active duty, would result in that officer's arrest,
suspension, or removal from the agency.
   (b) (1) An identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement may be revoked
or denied by the issuing agency only upon a showing of good cause.
Good cause shall be determined at a hearing, as specified in
subdivision (d).
   (2) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be revoked only
after a hearing, as specified in subdivision (d).  Any retired peace
officer whose identification certificate authorizing the officer to
carry a concealed and loaded firearm or an endorsement is to be
revoked shall have 15 days to respond to the notice of the hearing.
Notice of the hearing shall be served either personally on the
retiree or sent by first-class mail, postage prepaid, return receipt
requested to the retiree's last known place of residence.  Upon the
date the agency receives the signed registered receipt or upon the
date the notice is served personally on the retiree, the retiree
shall have 15 days to respond to the notification.  A retired peace
officer who fails to respond to the notice of the hearing shall
forfeit his or her right to respond.
   (3) An identification certificate authorizing the officer to carry
a concealed and loaded firearm or an endorsement may be denied prior
to a hearing.  If a hearing is not conducted prior to the denial of
an endorsement, a retired peace officer, within 15 days of the
denial, shall have the right to request a hearing.  A retired peace
officer who fails to request a hearing pursuant to this paragraph
shall forfeit his or her right to the hearing.
   (c) A retired peace officer, when notified of the revocation of
his or her privilege to carry a concealed and loaded firearm, after
the hearing, or upon forfeiting his or her right to a hearing, shall
immediately surrender to the issuing agency his or her identification
certificate.  The issuing agency shall reissue a new identification
certificate without an endorsement.  However, if the peace officer
retired prior to January 1, 1981, and was at the time of his or her
retirement a peace officer listed in Section 830.1 or 830.2 or
subdivision (c) of Section 830.5, the issuing agency shall stamp on
the identification certificate "No CCW privilege."
   (d) Any hearing conducted under this section shall be held before
a three-member hearing board.  One member of the board shall be
selected by the agency and one member shall be selected by the
retired peace officer or his or her employee organization.  The third
member shall be selected jointly by the agency and the retired peace
officer or his or her employee organization.
   Any decision by the board shall be binding on the agency and the
retired peace officer.
   (e) (1) No peace officer who is retired after January 1, 1989,
because of a psychological disability shall be issued an endorsement
to carry a concealed and loaded firearm pursuant to this section.
This subdivision does not apply to a peace officer who retires due to
stress if the only significant manifestation of stress is a
condition of hypertension, coronary disease, diverticulitis, ulcers,
cancer, any combination thereof, or any other physiologically related
condition.
   (2) For purposes of this section, a "psychological disability" is
a mental disorder that is diagnosed using the terminology and
criteria of the American Psychiatric Association's Diagnostic and
Statistical Manual of Mental Disorders, or the terminology and
diagnostic criteria of other psychiatric diagnostic manuals generally
approved and accepted nationally by practitioners in the field of
psychiatric medicine.