BILL ANALYSIS AB 3130 Page 1 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 AB 3130 Page 2 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 AB 3130 Page 3 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. AB 3130 Page 4 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 AB 3130 Page 5