SB 536 Senate Bill - INTRODUCED

BILL NUMBER: SB 536	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Mountjoy

                        FEBRUARY 24, 1997

   An act to amend Sections 6609.1, 6609.2, and 6609.3 of the Welfare
and Institutions Code, relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 536, as introduced, Mountjoy.  Juveniles: sexually violent
predators.
   Existing law requires the State Department of Mental Health to
notify local law enforcement officials 15 days prior to the scheduled
release of a sexually violent predator.
   This bill instead would require the department to notify local law
enforcement officials 15 days prior to the submission to a court of
its recommendation for community outpatient treatment for any person
committed as a sexually violent predator or its recommendation not to
pursue recommitment of any such person.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6609.1 of the Welfare and Institutions Code is
amended to read:
   6609.1.  (a) When  any person committed as a sexually
violent predator is going to be unconditionally released, 
the State Department of Mental Health  is considering a
recommendation to the court for community outpatient treatment for
any person committed as a sexually violent predator, it  shall
notify the sheriff or chief of police, or both, and the district
attorney, who has jurisdiction over the community in which the person
 is scheduled to   may  be released.
 Except as provided in subdivision (b), the  
The  notice shall be given at least 15 days prior to the
 scheduled release date   department's
submission of that recommendation to the court  and shall
include the name of the person who is scheduled to be released
 , whether or not the person is required to register with law
enforcement,  and the community in which  the
person will reside   civil commitment was established
 .
   (b) When  a person committed as a sexually violent
predator is scheduled to be released to a county other than the
county from which he or she was committed,  the State
Department of Mental Health  is considering a recommendation not
to pursue recommitment of any person committed as a sexually violent
predator, it  shall provide written notice of that release to
the sheriff or police chief, or both, and to the district attorney,
who has jurisdiction over the community in which  the inmate
is scheduled to be released   civil commitment was
established  .  The notice shall be made at least  45
  15  days prior to the  scheduled release
 date  and shall include the name of the person who
is scheduled to be released, whether or not the person is required to
register with local law enforcement, and the community in which the
person will reside   on which the notification is to be
forwarded from the department to the court that will consider the
department's recommendation not to pursue the extension of the civil
commitment  .
   Those agencies receiving the notice referred to in this
subdivision shall have 15 days from receipt of the notice to provide
written comment to the department regarding the impending release.
Those comments shall be considered by the department, which may
modify its decision regarding the community in which the person is
scheduled to be released, based on those comments.
   (c) If the court orders the immediate release of a sexually
violent predator, the department shall notify the sheriff or chief of
police, or both, and the district attorney, who has jurisdiction
over the community in which the person is scheduled to be released at
the time of release.
   (d) The notice required by this section shall be made whether or
not a request has been made pursuant to Section 6609.
   (e) The time limits imposed by this section are not applicable
where the release date of a sexually violent predator has been
advanced by a judicial or administrative process or procedure that
could not have reasonably been anticipated by the State Department of
Mental Health and where, as the result of the time adjustments,
there is less than 30 days remaining on the commitment before the
inmate's release, but notice shall be given as soon as practicable.
In no case shall notice required by this section to the appropriate
agency be later than the day of release.  If, after the 45-day notice
is given to law enforcement and to the district attorney relating to
an out-of-county placement, there is change of county placement,
notice to the ultimate county of placement shall be made upon the
determination of the county of placement.
  SEC. 2.  Section 6609.2 of the Welfare and Institutions Code is
amended to read:
   6609.2.  (a) When any sheriff or chief of police is notified
 of the pending release of a person committed as a sexually
violent predator   by the State Department of Mental
Health of its intention to make a recommendation to the court
concerning the disposition of a sexually violent predator pursuant to
subdivision (a) or (b) of Section 6609.1  , that sheriff or
chief of police may notify any person designated by the sheriff or
chief of police as an appropriate recipient of the notice.
   (b) A law enforcement official authorized to provide notice
pursuant to this section, and the public agency or entity employing
the law enforcement official, shall not be liable for providing or
failing to provide notice pursuant to this section.
  SEC. 3.  Section 6609.3 of the Welfare and Institutions Code is
amended to read:
   6609.3.  At the time a notice is sent pursuant to subdivision (a)
of Section 6609.1, the sheriff, chief of police, or district attorney
notified of the release shall also send a notice to persons
described in Section 679.03 of the Penal Code who have requested a
notice, informing those persons of the fact that the person who
committed the sexually violent offense  is scheduled to
  may  be released  and specifying the
proposed date of   together with information identifying
the court that will consider the conditional or unconditional 
release.  Notice of the community in which the person is scheduled to
reside shall also be given only if it is (1) in the county of
residence of a witness, victim, or family member of a victim who has
requested notice, or (2) within 25 miles of the actual residence of a
witness, victim, or family member of a victim who has requested
notice.  If, after providing the witness, victim, or next of kin with
the notice, there is any change in the release  date
  status  or the community in which the person is
to reside, the board shall provide the witness, victim, or next of
kin with the revised information.
   In order to be entitled to receive the notice set forth in this
section, the requesting party shall keep the sheriff, chief of
police, and district attorney who were notified under Section 679.03
of the Penal Code, informed of his or her current mailing address.