BILL NUMBER: SB 536 AMENDED BILL TEXT AMENDED IN SENATE MARCH 31, 1997 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 amended, Mountjoy.Juveniles: sexuallySexually 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 ofany suchthe 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 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 may be released. The notice shall be given at least 15 days prior to the department's submission of that recommendation to the court and shall include the name of the person who is scheduled to be released and the community in which civil commitment was established. (b) When 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 civil commitment was established. The notice shall be made at least 15 days prior to the date 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 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) or (b) of Section 6609.1, the sheriff, chief of police, or district attorneynotified of the releaseso notified 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 may be released , together with information identifying the court that will consider the conditional or unconditional release.NoticeWhen a person is approved by the court to be conditionally released, 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 status or the community in which the person is to reside, theboardsheriff, chief of police, or district attorney 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. ____ CORRECTIONS Text -- Page 4. ____