BILL NUMBER: SB 536 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 10, 1997
AMENDED IN SENATE MARCH 31, 1997
INTRODUCED BY Senator Mountjoy
FEBRUARY 24, 1997
An act to amend Sections 6601.3, 6601.5, 6604, 6609.1,
6609.2, and 6609.3 of , and to add Section 6602.5 to, the
Welfare and Institutions Code, relating to sexually violent
predators.
LEGISLATIVE COUNSEL'S DIGEST
SB 536, as amended, Mountjoy. Sexually violent predators.
(1) Under existing law, in effect until January 1, 1998, the Board
of Prison Terms may order that a person who is screened as a
sexually violent predator and referred to the State Department of
Mental Health for full evaluation remain in custody for no more than
45 days.
This bill would delete the repeal date of this provision and would
authorize the Director of Corrections to refer the person to the
State Department of Mental Health for evaluation at a date that is
less than 6 months prior to the inmate's scheduled release date, and
the Board of Prison Terms to order imposition of a temporary hold on
the inmate for up to 3 working days pending a probable cause hearing
by the board, under specified circumstances. If probable cause is
found at the hearing, the bill would authorize the board to order
that the person remain in custody for full evaluation by the State
Department of Mental Health, as described above, for evaluation of
the case by the county's designated counsel, and for a court hold, as
specified. The bill would provide that no person may be placed in a
state hospital pursuant to these provisions until there has been a
determination that there is probable cause to believe that the person
is likely to engage in sexually violent predatory criminal behavior.
The bill also would provide that the term of commitment of any
person committed to the State Department of Mental Health as a
sexually violent predator commences on the date upon which the court
issues the order of the commitment and shall not be reduced by any
time spent in custody prior to the order of commitment, nor shall any
credits be applicable. The bill would specify that this provision
does not constitute a change in, but is declaratory of, existing law.
(2) 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 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 6601.3 of the Welfare and Institutions
Code is amended to read:
6601.3. (a) The Board of Prison Terms If
the inmate was received by the Department of Corrections with less
than nine months of his or her sentence to serve, or if the inmate's
release date is modified by judicial or administrative action, the
director may refer the person to the State Department of Mental
Health for evaluation in accordance with this section at a date that
is less than six months prior to the inmate's scheduled release date,
and the Board of Prison Terms may order imposition of a temporary
hold on the inmate for up to three working days pending a probable
cause hearing by the board. If probable cause is found at the
hearing, the board may order that a person referred to the
State Department of Mental Health pursuant to subdivision (b) of
Section 6601 remain in custody for no more than 45 days for full
evaluation pursuant to subdivisions (c) to (h)
(i) , inclusive, of Section 6601, for evaluation of
the case by the county's designated counsel, and for the court hold
imposed pursuant to Sections 6601.5 and 6602, unless his or her
scheduled date of release falls more than 45 days after referral.
(b) This section shall remain in effect only until January 1,
1998, and as of that date is repealed.
SEC. 2. Section 6601.5 of the Welfare and Institutions Code is
amended to read:
6601.5. (a) In cases where an inmate's
parole prison term, return to custody,
or temporary parole hold pursuant to Section
6601.3 will expire before a probable cause hearing is conducted
pursuant to Section 6602, the agency bringing the petition may
request an urgency review pursuant to this section. Upon that
request, a judge of the superior court shall review the petition and
determine whether the petition states or contains sufficient facts
that, if true, would constitute probable cause to believe that the
individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release. If the
judge determines that the petition, on its face, supports a finding
of probable cause, the judge shall order that the person be detained
in a secure facility until a hearing can be held pursuant to Section
6602. The probable cause hearing provided for in Section 6602 shall
be held within 10 calendar days of the date of the order issued by
the judge pursuant to this section.
(b) This section shall remain in effect only until January 1,
1998, and as of that date is repealed.
SEC. 3. Section 6602.5 is added to the Welfare and Institutions
Code, to read:
6602.5. No person may be placed in a state hospital pursuant to
the provisions of this article until there has been a determination
pursuant to Section 6602 that there is probable cause to believe that
the individual named in the petition is likely to engage in sexually
violent predatory criminal behavior.
SEC. 4. Section 6604 of the Welfare and Institutions Code is
amended to read:
6604. The court or jury shall determine whether, beyond a
reasonable doubt, the person is a sexually violent predator. If the
court or jury is not satisfied beyond a reasonable doubt that the
person is a sexually violent predator, the court shall direct that
the person be released at the conclusion of the term for which he or
she was initially sentenced, or that the person be unconditionally
released at the end of parole, whichever is applicable. If the court
or jury determines that the person is a sexually violent predator,
the person shall be committed for a period of two years to
the custody of the State Department of Mental
Health for appropriate treatment and confinement in a secure facility
designated by the Director of Mental Health, and the person shall
not be kept in actual custody longer than two years unless a
subsequent extended commitment is obtained from the court incident to
the filing of a new petition for commitment under this article or
unless the term of commitment changes pursuant to subdivision (e) of
Section 6605. The two-year period of commitment shall commence
on the date upon which the court issues the order of the commitment
pursuant to Section 6604. The two-year period shall not be reduced
by any time spent in custody prior to the order of commitment, nor
shall any credits be applicable to reduce the two-year period.
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, in which case the time in a
locked facility shall count toward the two-year term of commitment.
The facility shall be located on the grounds of an institution under
the jurisdiction of the Department of Corrections.
SEC. 5. 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.
SEC. 6. 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.
SEC. 7. 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 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. 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 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.
SEC. 8. The Legislature finds and declares that the provisions of
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code establish a civil
mental health commitment for a period of two years for persons found
to be sexually violent predators and that, consistent with a civil
mental health commitment, the period of commitment begins when the
order of commitment is made and credits that may reduce a term of
imprisonment are not applicable. Accordingly, the Legislature finds
and declares that Section 4 of this act, which amends Section 6604 of
the Welfare and Institutions Code, does not constitute a change in,
but is declaratory of, existing law.