BILL ANALYSIS SENATE RULES COMMITTEE AB 3130 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . THIRD READING . Bill No: AB 3130 Author: Boland (R) Amended: 7/15/96 in Senate Vote: 27 - Urgency . 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 . SUBJECT: Sexually violent predators SOURCE: Youth and Adult Correctional Agency . 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 ?1 CONTINUED AB 3130 Page 2 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of the Department of Corrections, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the director is required, at least six months prior to the individual's scheduled release date, to refer the person to the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 ?2 ? AB 3130 Page 3 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 ?3 ? AB 3130 Page 4 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 **** END **** ?4 ?