BILL ANALYSIS                                                                                                                                                                                                    



                                                                    
   SB 1143
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                       SENATE THIRD READING

       SB 1143 (Mountjoy) - As Amended:  September 12, 1995

 SENATE VOTE:  32-0

ASSEMBLY ACTIONS:

 COMMITTEE:  PUB. S.  VOTE:  5-3   COMMITTEE:  APPR.     VOTE:  10-9

Ayes: Setencich, Rogan, Boland, Ayes: Poochigian, Aguiar,  
Bordonaro,
       Bowler, Rainey                 Brewer, Conroy, Frusetta,     
      Goldsmith, Olberg, Rogan,                          Takasugi

Nays: Villaraigosa, Kuehl,      Nays: V. Brown, Baca, Bates,  
Burton, 
      K. Murray                       Bustamante, Friedman, Lee, 
                                      K. Murray, Villaraigosa

 DIGEST

 Existing law provides for the continued treatment of mentally  
disordered prisoners when they are released to parole.  

 This bill:

1) Deletes the provisions of this bill, and instead inserts the  
   language of AB 888 (Rogan), pending in the Senate. 

2) Creates a civil commitment process for sexually violent  
   predators, as defined.

3) Defines a sexually violent predator as 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.  Conviction of one or more of the crimes enumerated,  











                                                                    
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   shall constitute evidence that may support a court or jury  
   determination that the person is a sexually violent predator,  
   but shall not be the sole basis for the determination.

4) Defines sexually violent offense to mean the following offenses  
   when committed by force, violence, duress, menace or fear of  
   immediate and unlawful bodily injury:  Penal Code Sections  
   261(a)(2) (forcible rape); 262(a)(1) (forcible spousal rape);  
   264.1 (rape in concert); 286 (sodomy); 288(a) or (b) (lewd or  
   lascivious act with a child under age 14, with or without  
   force); 288a (oral copulation), which results in conviction and  
   a determinate sentence.

5) Provides that whenever the Director of Corrections determines  
   that an individual, who is under the jurisdiction of the  
   California Department of Corrections (CDC), may be a sexually  
   violent predator, the director shall, at least six-months prior  
   to that individual's scheduled date of release from prison or  
   termination of parole, refer that person for evaluation, as  
   specified.

6) Provides that the potential sexually violent predator shall be  
   screened by the CDC and the Board of Prison Terms (BPT) 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.  The screening shall be in  
   accordance with a structured screening instrument.  If, as a  
   result of this screening, it is determined that the person is  
   likely to be a sexually violent predator, the CDC shall refer  
   the person to the Department of Mental Health (DMH) for a full  
   evaluation.

7) Provides that the DMH shall evaluate the person in accordance  
   with a standardized assessment protocol, which shall be  
   developed and updated by the DMH.  This protocol shall require  
   assessment of mental abnormalities and personality disorders,  
   as well as other factors associated with the risk of re-offense  
   among sex offenders.  Specifies evaluation procedure.  Where  
   the DMH determines that the person is a sexually violent  
   predator, the Director of DMH shall initiate the commitment  











                                                                    
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   process.  Copies of the evaluation reports and any other  
   supporting documents shall be made available to the attorney  
   designated by the county who may file a petition for  
   commitment.

8) Provides that the 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 is under CDC's jurisdiction.  
    The petition shall be filed, and the proceedings shall be  
   handled, by either the district attorney or the county counsel.

9) Provides that the time limits set forth in Welfare and  
   Institutions Code Section 6601 shall not apply during the first  
   year that this article is operative.  

10)Provides that a Superior Court judge shall review the petition  
   and shall determine whether there is probable cause to believe  
   the individual is likely to engage in sexual violent predatory  
   criminal behavior upon his or her release.  If probable cause  
   exists, then the judge shall order that a trial be conducted.

11)Provides that persons subject to this provision shall be  
   entitled to a trial by jury, the assistance of counsel, the  
   right to retain experts or professional persons to perform an  
   examination on his or her behalf, and have access to all  
   relevant medical and psychological records and reports.   
   Indigents shall have counsel appointed for them, and upon the  
   person's request, be given assistance in obtaining experts.  

12)Provides that the attorney petitioning for commitment shall  
   have the right to demand a jury trial.  If no demand is made by  
   either party, the trial shall be before the court without a  
   jury.  In any jury trial, a unanimous verdict is required.

13)Provides for the commitment of a sexually violent predator for  
   two years.  The sexually violent predator is committed to a  
   secure mental state hospital only after a court or jury has  
   found, beyond a reasonable doubt, that he or she is a sexually  
   violent predator.  The sexually violent predator shall be  
   committed to the custody of the DMH.  The person shall not be  











                                                                    
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   kept in actual custody longer than two years unless a  
   subsequent extended commitment is obtained from the court  
   incident to the filling of a new petition for commitment.  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.  The  
   facility shall be located on the grounds of an institution  
   under the jurisdiction of the CDC.

14)Provides that a person found to be a sexually violent predator  
   and committed to the custody of the DMH shall have a current  
   examination of his or her mental condition made at least once  
   every year.  The person may retain, or the court may appoint a  
   qualified expert to examine him or her.  
15)Provides that the committed person shall receive an annual  
   written notice of his or her right to petition the court for  
   conditional release.  If the person does not affirmatively  
   waive his or her right to petition the court, the court shall  
   set a show cause hearing to determine whether facts exist that  
   warrant a hearing on whether the person's condition has so  
   changed that he or she would not be a danger to the health and  
   safety of others if discharged.  The committed person has a  
   right to be present and to have an attorney represent him or  
   her at the show cause hearing.  Where the court or jury rules  
   against the committed person at the show cause hearing, the  
   term of commitment of the person shall run for a period of two  
   years from the date of the ruling.  If the court or the jury  
   rules for the committed person, he or she shall be  
   unconditionally released and unconditionally discharged.

16)Requires that the person who is committed be provided with  
   programming by the DMH.  The DMH shall provide the person with  
   treatment for his or her diagnosed disorder.  The programming  
   provided by the DMH shall be consistent with current  
   institutional standards for the treatment of sex offenders, and  
   shall be based on a structured treatment protocol developed by  
   the DMH.  

17)Provides that the Director of DMH can recommend conditional  
   release upon determination that the person's diagnosed mental  











                                                                    
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   disorder has so changed that he or she is not likely to commit  
   acts of predatory sexual violence.  Also, persons who have been  
   committed as a sexually violent predator may petition the court  
   for conditional release and subsequent unconditional discharge  
   without the recommendation or concurrence of the the Director  
   of DMH.  Review of petition shall be undertaken by the court.

18)Sets forth legislative findings, as specified.

19)Amends the 1995 Budget Bill to restore the Assembly and Senate  
   budgets to the levels approved by the conference committee on  
   the budget.







































                                                                    
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 FISCAL EFFECT

According to the Assembly Appropriations Committee analysis,  
undeterminable major General Fund costs for CDC and BPT to perform  
evaluations and to the DMH for commitment.  Unknown cost to local  
government for district attorneys or county counsel to file and  
handle proceedings relating to commitment.  Since this bill  
provides no new or expanded crime, costs incurred by local  
government would be reimbursable from the State Mandate Claims  
Fund as determined by the Commission on State Mandates.

 COMMENTS

Under current law, there is no legal authority to detain and treat  
sexually violent offenders who are likely to commit new offenses  
because of their mental abnormality and defects.  There is no  
procedure to prevent the release into unsuspecting communities of  
sexually violent offenders who have completed their prison  
sentences.  This bill establishes civil commitment procedures for  
the placement and treatment of sexually violent offenders in a  
secure mental health facility following their release from prison.  


According to CDC, there are approximately 11,000 sex offenders  
currently in prison.  Approximately 3,000 of these offenders are  
released per year; and under current law, there is no legal  
authority to postpone these releases when there is a likelihood  
that the offender will commit another violent crime.  

As amended, this bill is identical to AB 888.

For the analysis of the substantive issues raised by this civil  
commitment process see the Assembly Public Safety Committee  
analysis on AB 888.


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


                                                                    











                                                                    
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