BILL ANALYSIS                                                                                                                                                                                                    




SENATE RULES COMMITTEE                           AB 3130
Office of Senate Floor Analyses
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                       THIRD READING
                                                              
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Bill No:  AB 3130
Author:   Boland (R)
Amended:  7/15/96 in Senate
Vote:     27 - Urgency
                                                              
                                                             
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 SENATE CRIMINAL PROCEDURE COMMITTEE:  4-2, 7/9/96
AYES:  Johnson, Kopp, Polanco, Watson
NOES:  Boatwright, Marks

 SENATE APPROPRIATIONS COMMITTEE:  13-0, 8/13/96
AYES:  Johnston, Alquist, Dills, Hughes, Kelley, Killea,  
  Leonard, Leslie, Lewis, Mello, Mountjoy, Peace, Polanco

 ASSEMBLY FLOOR:  69-0, 5/30/96
                                                              
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SUBJECT:    Sexually violent predators

 SOURCE:     Youth and Adult Correctional Agency
                                                              
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DIGEST:    This bill makes a number of additional  
modifications to the sexually violent predator law.

 ANALYSIS:    Existing law, enacted last year, provides for  
the civil commitment of sexually violent predators.  (AB  
888, Rogan, Chapter 763; SB 1143, Mountjoy, Chapter 762).   
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  
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determinate prison sentence and who has a diagnosed mental  
disorder that makes the person a danger to the health and  
safety of others.  A sexually violent offense includes  
specified sexual acts committed by force, violence, duress,  
menace, or fear of immediate and unlawful bodily injury on  
the victim or another person.  (Penal Code Section 6600.)

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  
Department of Mental Health (DMH) for evaluation.  (Penal  
Code Section 6601.)

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.  (Penal Code Section 6602.)

Existing law provides for a jury trial, 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 without limit.  (Penal Code Section 6603 et.  
seq.)

This bill would increase the definition of a "sexually  
violent predator" to include persons who have a prior  
finding not guilty by reason of insanity, who were  
convicted under indeterminate sentencing law, or who have  
an out-of-state conviction, for one of the specified  
offenses, or who were designated as Mentally Disordered Sex  
Offenders under that program.

Existing law defines "predatory," for purposes of the  
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provisions defining 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.

The bill would provide for persons committed as sexually  
violent predators to be placed on outpatient status under  
the same procedures as for mentally disordered offenders.

The bill would provide an exemption from criminal and civil  
liability for employees of the Board of Prison Terms (BPT)  
for any criminal acts committed by the mentally disordered  
offenders or sexually violent predators on parole or  
judicial commitment status who receive supervision or  
treatment.  This waiver of liability would also apply to  
employees or persons under contract to the BPT or DMH who  
provide screening, clinical evaluation, supervision or  
treatment to mentally ill parolees or persons under  
judicial commitment or considered for placement by the BPT.

This bill would provide that a finding that a person is a  
sexually violent predator would not affect the person's  
period of parole.

The bill would provide that in instances in which an inmate  
who may be a sexually violent predator 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 at  
a time less than the required six months prior to the  
scheduled date for release from prison.

The bill would also clarify that until January 1, 1998, 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.

This bill would allow the existence of prior convictions  
and details underlying the commission of an offense that  
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led to a prior conviction to be shown by documentary  
evidence.

The bill would require specified notification procedure  
when a sexually violent predator is to be released.

 FISCAL EFFECT:   Appropriation:  No   Fiscal Com.:  Yes    
Local:  Yes

 SUPPORT:   (Verified  8/14/96)

Youth and Adult Correctional Agency (source)
Attorney General
California District Attorneys Association
San Bernardino Sheriff
Kids Safe
Doris Tate Crime Victims Bureau

 OPPOSITION:    (Verified  8/14/96)

American Civil Liberties Union
California Attorneys for Criminal Justice

 ARGUMENTS IN SUPPORT:    According to the author's office,  
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.

 ARGUMENTS IN OPPOSITION:    The American Civil Liberties  
Union states, "ACLU opposed the enactment of the so-called  
sexually violent predator law last year for a variety of  
reasons, including the fact that it violated substantive  
due process and the ex-post facto clause of the  
Constitution.  The statue's constitutionality is presently  
being litigated.  We are opposed to any expansion of the  
law." 

RJG:lm  8/14/96  Senate Floor Analyses
              SUPPORT/OPPOSITION:  SEE ABOVE
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