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 Page 2 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 Page 3 FN 021417