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:  sexually
  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   the 
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 attorney  notified of the release   so
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.   Notice   When 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, the  board   sheriff,
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.
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