BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 3130
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Date of Hearing:  April 23, 1996
Counsel:          Martin Gonzalez


                ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                      Paula L. Boland, Chair

     AB 3130 (Boland) - As Proposed To Be Amended In Committee


Urgency statite.  2/3 vote required. 

 SUMMARY:  Addresses outstanding issues with respect to the civil  
commitment of sexually violent predators.  Specifically,  this  
bill:

 1) Broadens the definition of a "sexually violent offense" for  
    purposes of the civil commitment of sexually violent predators  
    by eliminating the requirement that the acts against children  
    be committed by force, violence, duress, menace, or fear of  
    immediate and unlawful bodily injury on the victim or another  
    person and by including specified sexual acts committed by a  
    caretaker on a dependent adult.

 2) If the Department of Mental Health determines that a person is  
    a sexually violent predator pursuant to its evaluation, the  
    Director of Corrections shall transfer the person to a secure  
    facility designated by the Director of Mental Health. 

 3) If a judge determines that probable cause exists for a trial  
    pursuant to the petition for commitment, the judge shall order  
    that the person to be tried be held in a secure facility  
    designated by the Director of Mental Health until the trial is  
    completed. 

 4) Modifies the definition of a "sexually violent predator" to  
    mean a person who is presently serving a determinate sentence  
    and who has been convicted or found not guilty by reason of  
    insanity in this State of a sexually violent offense or of any  
    offense committed in this State or in another jurisdiction  
    which includes all the elements of any sexually violent  
    offense against two or more victims 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 he or she will again  
    engage in sexually violent criminal behavior.

 5) Provides that proof of prior convictions may be shown by  
    documentary evidence.  The details underlying their  
    commission, including the predatory relationship, may be shown  
    by documentary evidence including, but not limited to,  
    preliminary hearing transcripts, trial transcripts, probation  
    and sentencing reports and Department of Mental Health  
    evaluations. 

 6) Provides that in instances in which an inmate who may be a  
    sexually violent predator is received with less than nine  







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    months to serve or when the individual'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 time less than six months prior to the scheduled  
    date for release from prison.

 7) Provides that if the person is otherwise subject to parole  
    supervision, no finding or placement made pursuant to this  
    article shall affect parole supervision except upon a finding  
    by the Board of Prison Terms or as other specified.

 8) Provides that in cases when an inmate's parole or temporary  
    parole hold will expire before a probable cause hearing can be  
    conducted the agency bringing the petition may request an  
    urgency review pursuant to this section.

 9) Provides that within 10 days of a request made by the chief of  
    police of a city or the sheriff of a county, the Department of  
    Mental Health shall provide specified information concerning  
    persons committed as sexually violent predators.

10) Provides that the Department of Mental Health shall notify the  
    sheriff or chief of police, or both, and the district attorney  
    having jurisdiction over the community in which the person is  
    scheduled to be released shall be made within a specified  
    period of time.  The notice shall contain specified  
    information.

11) Provides that a sheriff or chief of police so notified may in  
    turn notify any person designated by the sheriff or chief of  
    police as an appropriate recipient of this notice.  A law  
    enforcement official is not liable for providing or failing to  
    provide the above notice.

12) Provides that the sheriff, chief of police or district  
    attorney shall notify various others, including witnesses,  
    victims, next of kin, and the community, as specified.

13) Provides that any finding that a person is a sexually violent  
    predator shall not effect the period that the person is on  
    parole.

14) States that this measure shall go into effect immediately.

15) Makes technical and conforming changes.

 FISCAL EFFECT:  Unknown

 EXISTING LAW: 

 1) Provides for the civil commitment of sexually violent  
    predators.  A sexually violent predator is defined as a person  
    who has been convicted of a specified sexually violent offense  
    against two 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  







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    safety of others.  A sexually violent offense includes  
    specified sexual acts committed against children by force,  
    violence, duress, menace, or fear of immediate and unlawful  
    bodily injury on the victim or another person.  (Penal Code  
    Section 6600.)
   
 2) 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 six  
    months prior to the individual's scheduled release date, to  
    refer the person to the State Department of Mental Health for  
    evaluation.  
(Penal Code Section 6601.)

 3) 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.  (Penal Code  
    Section 6602.)

 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 Mental Health finds that the person's mental  
    abnormality is so changed that he or she is not likely to  
    commit a sexual violent offense.  The committed person has the  
    right to a review after one year.  This process may be  
    repeated every two years.  (Penal Code Section 6603 et seq.)

 BACKGROUND:  

 1)  According to the author, "Last year, the Governor signed into  
    law AB 888 (Rogan), which allowed for the civil commitment of  
    sexually violent predators.  However, there are several issues  
    which need to be clarified regarding the operation of the new  
    law.  This bill serves that purpose by proposing several  
    clean-up provisions."

 2)  Definitions.  This bill redefines "sexually violent offense"  
    to mean any of the following acts that are committed on,  
    before, or after the effective date of this article and result  
    in a conviction and a determinate sentence:  
     
    a) A violation of Section 288 of the Penal Code (lewd and  
       lascivious act with a child under 14 years of age).

    b) Any of the following acts when committed by force,  
       violence, duress, menace, or fear of immediate and unlawful  
       bodily injury on the victim or another person: 
   
          i. Rape.








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         ii.  Rape of spouse.

        iii.  Rape in concert. 

         iv.  Rape by foreign object.

          v.  Sodomy. 

         vi.  Oral copulation.   

 3)   Referral for Evaluation.  This bill provides that in  
instances in which the inmate is received with less than nine  
months to serve or when the individual'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 time  
less than six months prior to the scheduled date for release from  
prison. 

 4)  Immediate Transfer.  This bill provides that if the State  
    Department of Mental Health determines that a person is a  
    sexually violent predator, as 
defined, the Director of Corrections shall promptly transfer the  
person to a secure facility designated by the Director of Mental  
Health. 

 5)  Probable Cause Determination.  This bill provides when a judge  
    determines probable cause exists for a trial, he or she shall  
    order that the person to be tried be held in a secure facility  
    designated by the Director of Mental Health until the trial is  
    completed. 

 6)  Prior Legislation.  AB 888 (Rogan) Chapter 763, Statutes of  
    1995, created a civil commitment process for sexually violent  
    predators.

 ARGUMENTS IN SUPPORT:  Proponents argue that this bill is  
necessary to clarify a few unclear provisions governing the civil  
commitment of sexually violent predators. 

 ARGUMENTS IN OPPOSITION:  Opponents believe the civil commitment  
process created last year is unconstitutional and now argue  
against its expansion.

 REGISTERED SUPPORT/OPPOSITION:

 Support

Doris Tate Crime Victims Bureau

 Opposition

American Civil Liberties Union
California Attorneys for Criminal Justice

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








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