BILL NUMBER: AB 3130	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JULY 7, 1996
	AMENDED IN ASSEMBLY   MAY 24, 1996
	AMENDED IN ASSEMBLY   APRIL 29, 1996

INTRODUCED BY  Assembly Member Boland

                        FEBRUARY 23, 1996

   An act to amend Sections 1600, 1618, and 3000 of the Penal Code,
and to amend Sections 6600, 6601, 6601.5, 6602, and 6604 of, and to
add Sections 6609, 6609.1, 6609.2, and 6609.3 to, the Welfare and
Institutions Code, relating to sexually violent predators, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3130, as amended, Boland.  Sexually violent predators.
   (1) Under existing law, any person committed to a state hospital
pursuant to a plea of not guilty by reason of insanity is authorized
to be placed on outpatient status.
   This bill would authorize a person committed as a sexually violent
predator to be placed on outpatient status.
   (2) Existing law provides a waiver of civil and criminal liability
to administrators and staff of the Forensic Conditional Release
Program and to employees of the State Department of Mental Health for
any criminal acts committed by persons on parole or judicial
commitment status who receive supervision or treatment.
   This bill would extend that waiver of liability to the Board of
Prison Terms for persons who are considered for placement under a
hold by the board.
   The bill also would provide that any finding that a person is a
sexually violent predator shall not  toll, discharge, or
otherwise  affect that person's period of parole.
   (3) Existing law provides for the civil commitment of sexually
violent predators.  A sexually violent predator is defined as a
person who has been convicted of a sexually violent offense against 2
or more victims for which he or she received a determinate prison
sentence and who has a diagnosed mental disorder that makes the
person a danger to the health or safety of others.
   This bill would  change   revise  the
definition of a sexually violent  offense for purposes of this
definition of sexually violent  predator  to mean a
person who was alleged to have committed a sexually violent offense
in this state, or an offense in another jurisdiction that includes
all of the same elements, against 2 or more victims and who either
(1) was convicted of that offense and is serving a determinate
sentence, or (2) was found not guilty by reason of insanity and
committed to the custody of the State Department of Mental Health
 .
   Existing law defines "predatory," for purposes of the provisions
governing sexually violent predators, as an act directed toward a
stranger or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   This bill would add to that definition an act directed at a person
of casual acquaintance with whom no substantial relationship exists.

   (4) Under existing law, when 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 is
required, at least 6 months prior to the individual's scheduled
release date, to refer the person for an evaluation by the State
Department of Mental Health.
   This bill would authorize the Director of Corrections to refer a
person for this evaluation at a time less than 6 months prior to the
release date if the inmate was received with less than 9 months to
serve or if the release date is modified by judicial or
administrative action.
   (5) Existing law provides for a hearing procedure to determine
whether there is probable cause to believe that a person who is the
subject of a petition for civil commitment as a sexually violent
predator is likely to engage in sexually violent predatory criminal
behavior upon his or her release from prison.
   This bill would provide that, if an inmate's parole or temporary
parole hold will expire before a probable cause hearing is conducted,
the agency bringing the petition may request an urgency review.
   This bill would require the facial validity of the petition to be
reviewed at the probable cause hearing.
   (6) Under existing law, if a court or jury determines that a
person is a sexually violent predator, the person is required to be
placed in a secure facility designated by the Director of Mental
Health, which facility is required to be located on the grounds of an
institution under the jurisdiction of the Department of Corrections.

   This bill would eliminate the requirement that the facility be
located on the grounds of an institution under the jurisdiction of
the department.
   (7) Under existing law, whenever any inmate in a state prison who
is serving a term for committing a violent felony, the paroling
authority is required to notify the sheriff or the chief of police,
or both, and the district attorney who has jurisdiction over the
community into which the person is scheduled to be released.  The
notice is required to be given 15 days prior to release, or, if
release is to a county other than where he or she was committed, at
least 45 days prior to the release.  Those agencies have 15 days from
receipt of notice to provide written comment to the department
regarding the impending release.  Those time limits are not
applicable where the release date is advanced by a judicial or
administrative procedure.
   Existing law also requires the sheriff or chief of police to
notify certain persons, including victims and witnesses, and
authorizes notice to any other appropriate person, upon the pending
release of a violent felon.
   This bill would make all these provisions applicable to 
persons   any person  who  were 
 was  committed as a sexually violent predator, and would
require the State Department of Mental Health to provide certain
identifying information concerning sexually violent predators to
local law enforcement agencies, upon request.  By imposing additional
duties on local law enforcement agencies, this bill would impose a
state-mandated local program.
  (8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   (9) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 1600 of the Penal Code is amended to read:
   1600.  Any person committed to a state hospital or other treatment
facility under the provisions of Section 1026, or Chapter 6
(commencing with Section 1367) of Title 10 of this code, or Section
6316 or 6321 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment subject to the procedures and
provisions of this title, except that a developmentally disabled
person may be placed on outpatient status from that commitment under
the provisions of this title as modified by Section 1370.4.  Any
person committed as a sexually violent predator under the provisions
of Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code may be placed on
outpatient status from that commitment in accordance with the
procedures described in Title 15 (commencing with Section 1600) of
Part 2 of the Penal Code.
  SEC. 2.  Section 1618 of the Penal Code is amended to read:
   1618.  The administrators and the supervision and treatment staff
of the Forensic Conditional Release Program shall not be held
criminally or civilly liable for any criminal acts committed by the
persons on parole or judicial commitment status who receive
supervision or treatment.  This waiver of liability shall apply to
employees of the State Department of Mental Health, the Board of
Prison Terms, and the agencies or persons under contract to those
agencies, who provide screening, clinical evaluation, supervision, or
treatment to mentally ill parolees or persons under judicial
commitment or considered for placement under a hold by the Board of
Prison Terms.
  SEC. 3.  Section 3000 of the Penal Code is amended to read:
   3000.  (a) (1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful
reintegration of the offender into society and to positive
citizenship.  It is in the interest of public safety for the state to
provide for the supervision of and surveillance of parolees,
including the judicious use of revocation actions, and to provide
educational, vocational, family and personal counseling necessary to
assist parolees in the transition between imprisonment and discharge.
  A sentence pursuant to Section 1168 or 1170 shall include a period
of parole, unless waived, as provided in this section.
   (2) The Legislature finds and declares that it is not the intent
of this section to diminish resources allocated to the Department of
Corrections for parole functions for which the department is
responsible.  It is also not the intent of this section to diminish
the resources allocated to the Board of Prison Terms to execute its
duties with respect to parole functions for which the board is
responsible.
   (3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their
criminal behavior, including, but not limited to, the satisfaction of
restitution fines and orders.
   (4)  Any finding made pursuant to Article 4 (commencing with
Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and
Institutions Code, that a person is a sexually violent predator
shall not  toll, discharge, or otherwise  affect that person'
s period of parole.
   (b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall
apply:
   (1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170
or at the expiration of a term reduced pursuant to Section 2931, if
applicable, the inmate shall be released on parole for a period not
exceeding three years, unless the parole authority for good cause
waives parole and discharges the inmate from custody of the
department.
   (2) In the case of any inmate sentenced under Section 1168, the
period of parole shall not exceed five years in the case of an inmate
imprisoned for any offense other than first or second degree murder
for which the inmate has received a life sentence, and shall not
exceed three years in the case of any other inmate, unless in either
case the parole authority for good cause waives parole and discharges
the inmate from custody of the department.  This subdivision shall
be also applicable to inmates who committed crimes prior to July 1,
1977, to the extent specified in Section 1170.2.
   (3) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.

   (4) Upon successful completion of parole, or at the end of the
maximum statutory period of parole specified for the inmate under
paragraph (1) or (2), as the case may be, whichever is earlier, the
inmate shall be discharged from custody.  The date of the maximum
statutory period of parole under this subdivision and paragraphs (1)
and (2) shall be computed from the date of initial parole and shall
be a period chronologically determined.  Time during which parole is
suspended because the prisoner has absconded or has been returned to
custody as a parole violator shall not be credited toward any period
of parole unless the prisoner is found not guilty of the parole
violation.  However, in no case, except as provided in Section 3064,
may a prisoner subject to three years on parole be retained under
parole supervision or in custody for a period longer than four years
from the date of his or her initial parole, and, except as provided
in Section 3064, in no case may a prisoner subject to five years on
parole be retained under parole supervision or in custody for a
period longer than seven years from the date of his or her initial
parole.
   (5) The Department of Corrections shall meet with each inmate at
least 30 days prior to his or her good time release date and shall
provide, under guidelines specified by the parole authority, the
conditions of parole and the length of parole up to the maximum
period of time provided by law.  The inmate has the right to
reconsideration of the length of parole and conditions thereof by the
parole authority.  The Department of Corrections or the Board of
Prison Terms may impose as a condition of parole that a prisoner make
payments on the prisoner's outstanding restitution fines or orders
imposed pursuant to subdivision (a) or (c) of Section 13967 of the
Government Code, as operative prior to September 28, 1994, or
subdivision (b) or (f) of Section 1202.4.
   (6) For purposes of this chapter, the Board of Prison Terms shall
be considered the parole authority.
   (7) The sole authority to issue warrants for the return to actual
custody of any state prisoner released on parole rests with the Board
of Prison Terms, except for any escaped state prisoner or any state
prisoner released prior to his or her scheduled release date who
should be returned to custody, and Section 3060 shall apply.
  SEC. 4.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:  
   (a) "Sexually violent predator" means a person who was alleged to
have committed a sexually violent offense in this state, or an
offense in another jurisdiction that includes all of the same
elements, against two or more victims and who either (1) was
convicted of that offense and is serving a determinate sentence, or
(2) was found not guilty by reason of insanity and committed to the
custody of the State Department of Mental Health, and  
   (a)  "Sexually violent predator" means 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 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.  
   For purposes of this subdivision, a prior finding of not guilty by
reason of insanity for an offense described in subdivision (b), a
conviction prior to July 1, 1977, for an offense described in
subdivision (b), a conviction resulting in a finding that the person
was a mentally disordered sex offender, or a conviction in another
state for an offense that includes all the elements of an offense
described in subdivision (b), shall also be deemed to be a sexually
violent offense even if the offender did not receive a determinate
sentence for that prior offense. 
   Conviction of one or more of the crimes enumerated in this section
shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination.  The existence of any
prior convictions may be shown with documentary evidence.  The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health.  Jurors shall be admonished that they may not find a person
a sexually violent predator based on prior offenses absent relevant
evidence of a currently 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.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, or fear of immediate
and unlawful bodily injury on the victim or another person, and that
are committed on, before, or after the effective date of this article
and result in a conviction  and a determinate sentence:
  or a finding of not guilty by reason of insanity, as
provided in subdivision (a):   a felony violation of paragraph
(2) of subdivision (a) of Section 261, paragraph (1) of subdivision
(a) of Section 262, Section 264.1, subdivision (a) or (b) of Section
288, or subdivision (a) of Section 289 of the Penal Code, or sodomy
or oral copulation in violation of Section 286 or 288a of the Penal
Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
  SEC. 5.  Section 6601 of the Welfare and Institutions Code, as
amended by Chapter 4 of the Statutes of 1996, 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.  However, if
the inmate was received by the department with less than nine months
of his or her sentence to serve, or if the inmate's release date is
modified by judicial or administrative action, the director may refer
the person for evaluation in accordance with this section at a date
that is less than six months prior to the inmate's scheduled release
date.
   (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 was committed to 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.
   (k) If the person is otherwise subject to parole 
supervision  , a finding or placement made pursuant to this
 article shall not affect the terms of parole supervision
unless there is a finding by the Board of Prison Terms or unless
otherwise specified in Section 3001 of the Penal  
article shall not toll, discharge, or otherwise affect the term of
parole pursuant to Article 1 (commencing with Section 3000) of
Chapter 8 of Title 1 of Part 3 of the Penal  Code.
  SEC. 6.  Section 6601.5 of the Welfare and Institutions Code, as
added by Chapter 4 of the Statutes of 1996, is amended to read:
   6601.5.  (a)  In cases where an inmate's parole or temporary
parole hold  pursuant to Section 6601.3  will expire before
a probable cause hearing is conducted pursuant to Section 6602, the
agency bringing the petition may request an urgency review pursuant
to this section.  Upon that request, 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. 7.  Section 6602 of the Welfare and Institutions Code, as
amended by Chapter 4 of the Statutes of 1996, 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  , during which the
court shall review the facial validity of the petition  .
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. 8.  Section 6604 of the Welfare and Institutions Code is
amended to read:
   6604.  The court or jury shall determine whether, beyond a
reasonable doubt, the person is a sexually violent predator.  If the
court or jury is not satisfied beyond a reasonable doubt that the
person is a sexually violent predator, the court shall direct that
the person be released at the conclusion of the term for which he or
she was initially sentenced, or that the person be unconditionally
released at the end of parole, whichever is applicable.  If the court
or jury determines that the person is a sexually violent predator,
the person shall be committed for two years to the custody of the
State Department of Mental Health for appropriate treatment and
confinement in a secure facility designated by the Director of Mental
Health, and 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 filing of a new petition for
commitment under this article or unless the term of commitment
changes pursuant to subdivision (e) of Section 6605.   Time
 
   Time  spent on conditional release shall not count toward the
two-year term of commitment, unless the person is placed in a locked
facility by the conditional release program, in which case the time
in a locked facility shall count toward the two-year term of
commitment.  
   To protect the safety of other patients being treated in the
facility, a person committed under this article to a secure facility
under the jurisdiction of the State Department of Mental Health shall
not have unsupervised contact with persons receiving treatment
pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with
Section 5000) of Division 5) as gravely disabled, as defined in
subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008.

  SEC. 9.  Section 6609 is added to the Welfare and Institutions
Code, to read:
   6609.  Within 10 days of a request made by the chief of police of
a city or the sheriff of a county, the State Department of Mental
Health shall provide the following information concerning each person
committed as a sexually violent predator who is receiving outpatient
care in a conditional release program in that city or county:  name,
address, date of commitment, county from which committed, date of
placement in the conditional release program, fingerprints, and a
glossy photograph no smaller than 31/8 X 31/8 inches in size, or
clear copies of the fingerprints and photograph.
  SEC. 10.  Section 6609.1 is added to the Welfare and Institutions
Code, to read:
   6609.1.  (a) When any person committed as a sexually violent
predator is going to be  released, conditionally or otherwise
  unconditionally released  , the State Department
of Mental Health shall notify the sheriff or chief of police, or
both, and the district attorney, who has jurisdiction over the
community in which the person is scheduled to be released.  Except as
provided in subdivision (b), the notice shall be given at least 15
days prior to the scheduled release date and shall include the name
of the person who is scheduled to be released, whether or not the
person is required to register with law enforcement, and the
community in which the person will reside.
   (b) When a person committed as a sexually violent predator is
scheduled to be released to a county other than the county from which
he or she was committed, the State Department of Mental Health shall
provide written notice of that release to the sheriff or police
chief, or both, and to the district attorney, who has jurisdiction
over the community in which the inmate is scheduled to be released.
The notice shall be made at least 45 days prior to the scheduled
release date and shall include the name of the person who is
scheduled to be released, whether or not the person is required to
register with local law enforcement, and the community in which the
person will reside.
   Those agencies receiving the notice referred to in this
subdivision shall have 15 days from receipt of the notice to provide
written comment to the department regarding the impending release.
Those comments shall be considered by the department, which may
modify its decision regarding the community in which the person is
scheduled to be released, based on those comments.
   (c) If the court orders the immediate release of a sexually
violent predator, the department shall notify the sheriff or chief of
police, or both, and the district attorney, who has jurisdiction
over the community in which the person is scheduled to be released at
the time of release.
   (d) The notice required by this section shall be made whether or
not a request has been made pursuant to Section 6609.
   (e) The time limits imposed by this section are not applicable
where the release date of a sexually violent predator has been
advanced by a judicial or administrative process or procedure that
could not have reasonably been anticipated by the State Department of
Mental Health and where, as the result of the time adjustments,
there is less than 30 days remaining on the commitment before the
inmate's release, but notice shall be given as soon as practicable.
In no case shall notice required by this section to the appropriate
agency be later than the day of release.  If, after the 45-day notice
is given to law enforcement and to the district attorney relating to
an out-of-county placement, there is change of county placement,
notice to the ultimate county of placement shall be made upon the
determination of the county of placement.
  SEC. 11.  Section 6609.2 is added to the Welfare and Institutions
Code, to read:
   6609.2.  (a) When any sheriff or chief of police is notified of
the pending release of a person committed as a sexually violent
predator, that sheriff or chief of police may notify any person
designated by the sheriff or chief of police as an appropriate
recipient of the notice.
   (b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.
  SEC. 12.  Section 6609.3 is added to the Welfare and Institutions
Code, to read:
   6609.3.  At the time a notice is sent pursuant to subdivision (a)
of Section 6609.1, the sheriff, chief of police, or district attorney
notified of the release shall also send
                a notice to persons described in Section 679.03 of
the Penal Code who have requested a notice, informing those persons
of the fact that the person who committed the sexually violent
offense is scheduled to be released and specifying the proposed date
of release.  Notice of the community in which the person is scheduled
to reside shall also be given only if it is (1) in the county of
residence of a witness, victim, or family member of a victim who has
requested notice, or (2) within 25 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notice.  If, after providing the witness, victim, or next of kin with
the notice, there is any change in the release date or the community
in which the person is to reside, the board shall provide the
witness, victim, or next of kin with the revised information.
   In order to be entitled to receive the notice set forth in this
section, the requesting party shall keep the sheriff, chief of
police, and district attorney who were notified under Section 679.03
of the Penal Code, informed of his or her current mailing address.
  SEC. 13.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
  SEC. 14.  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
persons who may be sexually violent predators and may be subject to
commitment in the near future, it is necessary that this act take
effect immediately.