BILL ANALYSIS                                                                                                                                                                                                    



                                                                    
   AB 1496
                                                         Page 1

                 CONCURRENCE IN SENATE AMENDMENTS

          AB 1496 (Sher) - As Amended:  January 22, 1996

 ASSEMBLY VOTE:      ( May 22, 1995 ) SENATE VOTE:  38-0 ( January  
22, 1996 )
               (vote not relevant)

Original Committee Reference:   PUB. S.

 DIGEST

Urgency statute.  2/3 vote required.

 Existing law 

1) Specifies procedures for the civil commitment of sexual 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 (DMH)  
   for an evaluation as to whether the person may be a sexually  
   violent predator, as defined.    

2) Provides that under AB 888 (Rogan), Chapter 763, Statutes of  
   1995, and SB 1143 (Mountjoy), Chapter 762, Statutes of 1995, at  
   least six months prior to such an inmate's scheduled release  
   date, the person may be referred for evaluation by the Director  
   of Corrections, and the Department of Mental Health may request  
   a petition for civil commitment for a two-year period, which  
   may be renewed indefinitely.  

3) Defines a "sexually violent predator" as a person who has been  
   convicted of a sexually violent offense, as defined as, against  
   two or more victims for which he or she received a determinate  
   sentence and who has a diagnosed mental 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  
   criminal behavior.  

4) Requires a trial by jury, at the defendant's or prosecutor's  
   request, with a determination beyond a reasonable doubt that  
   the person is a sexually violent predator.  Upon such a  
   finding, the person will be held for two years or until the  
   Director of DMH finds that the person's mental abnormality is  
   so changed that he or she is not likely to commit an act of  
   sexual violence.  The committed person has the right to a  
   review after one year.  This process may be repeated every two  
   years.

 As passed by the Assembly, this bill: 












                                                                    
   AB 1496
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1) Clarified the meaning of "psychological disability" as it  
   applies to retired peace officers for the purpose of concealed  
   weapons laws.  

2) Provided that in order to be psychologically disabled, a  
   physician or psychologist must issue a written opinion that the  
   officer is, or may be, a danger to himself, herself or to  
   others if permitted to carry a concealed and loaded firearm.

 The Senate amendments delete the Assembly version of the bill, and  
   instead:

1)  Change the bill's author from Assembly Member V. Brown to  
Assembly Member Sher.

2)  Insert language dealing with sexually violent predators.

3)  Provide that once referral is made to the DMH from evaluation  
under the civil commitment proceedings, 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.  This provision is to be  
repealed on January 1, 1998.

4)  Provide that upon the filing of a petition for the 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.

5)  Provide that if no probable cause is found during the probable  
cause hearing, 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.

6)  Provide that this is to take effect immediately as an urgency  
statute.

 FISCAL EFFECT

None

 COMMENTS

None                                                     


 Analysis prepared by:  Martin Gonzalez / apubs / 445-3268











                                                                    
   AB 1496
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