BILL NUMBER: SB 536	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY   AUGUST 11, 1997
	AMENDED IN ASSEMBLY   JULY 10, 1997
	AMENDED IN SENATE   MARCH 31, 1997

INTRODUCED BY  Senator Mountjoy
    (Coauthor:  Senator Polanco) 

                        FEBRUARY 24, 1997

   An act to amend Sections 6601.3, 6601.5,  6604 
 6602  , 6609.1, 6609.2, and 6609.3 of,  to amend,
repeal, and add Section 6604 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  that the inmate is a sexually violent
predator  , 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   a sexually violent predator  .  

   The bill also  
   (2) Existing law requires a judge of the superior court to review
any petition for commitment of a person determined to be a sexually
violent predator by the State Department of Mental Health pursuant to
the provisions in (1) above, and to determine whether there is
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.
   This bill instead would require the judge to determine whether
there is probable cause to believe that the individual named in the
petition is a sexually violent predator.  The bill would specify that
this provision does not constitute a change in, but is declaratory
of, existing law and consistent with current practice.
   (3) Existing law requires a person who is determined to be a
sexually violent predator to be committed for 2 years to the custody
of the State Department of Mental Health for appropriate treatment
and confinement in a secure facility, as specified.
   This bill  would provide  , until January 1, 1999, 
that the  term   2-year period  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  initial  order
of  the commitment and shall not be reduced by any
time spent in  custody   a secure facility 
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)  
   (4)  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.   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   that the inmate is a
sexually violent predator, the board may order the person to 
remain in custody for no more than 45 days for full evaluation
pursuant to subdivisions (c) to (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.
  SEC. 2.  Section 6601.5 of the Welfare and Institutions Code is
amended to read:
   6601.5.  In cases where an inmate's prison term, return to
custody, or temporary 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.
  SEC. 3.   Section 6602 of the Welfare and Institutions Code is
amended to read: 
   6602.  A judge of the superior court shall review the petition and
shall determine whether there is 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
  a sexually violent predator  .  The person named
in the petition shall be entitled to assistance of counsel at the
probable cause hearing.  If the judge determines there is not
probable cause, he or she shall dismiss the petition and any person
subject to parole shall report to parole.  If the judge determines
that there is probable cause, the judge shall order that the person
remain in custody in a secure facility until a trial is completed and
shall order that a trial be conducted to determine whether the
person is, by reason of a diagnosed mental disorder, a danger to the
health and safety of others in that the person is likely to engage in
acts of sexual violence upon his or her release from the
jurisdiction of the Department of Corrections or other secure
facility.   
  SEC. 4.   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  6601.3 or  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.
  is a sexually violent predator.  
  SEC. 4.  
  SEC. 5.   Section 6604 of the Welfare and Institutions Code is
amended to read:
   6604.   (a)  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 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  initial  order of  the
 commitment pursuant to  Section 6604  
this section  .  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   in a secure facility prior to the order of
commitment.  For subsequent extended commitments, the term of
commitment shall be from the date of the termination of the previous
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, 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.  
  (b) This section shall remain in effect only until January 1, 1999,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 1999, deletes or extends that date.
   
  SEC. 5.  
  SEC. 6.  Section 6604 is added to the Welfare and Institutions
Code, to read:
   6604.  (a) 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 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.  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.
   (b) This section shall become operative on January 1, 1999.
  SEC. 7.   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. 6.  
  SEC. 8.   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. 7.  
  SEC. 9.   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.  
  SEC. 10.  The Legislature finds and declares that Section 3 of this
act, which amends Section 6602 of the Welfare and Institutions Code,
does not constitute a change in, but is declaratory of, existing law
and consistent with current practice.
  SEC. 11.   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   5  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.