BILL NUMBER: SB 536	CHAPTERED
	BILL TEXT

	CHAPTER   19
	FILED WITH SECRETARY OF STATE   APRIL 14, 1998
	APPROVED BY GOVERNOR   APRIL 14, 1998
	PASSED THE SENATE   APRIL 2, 1998
	PASSED THE ASSEMBLY   MARCH 26, 1998
	AMENDED IN ASSEMBLY   MARCH 19, 1998
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1997
	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 6602, 6609.1, 6609.2, and 6609.3 of, to
add Sections 6601.3, 6601.5, and 6602.5 to, and to add and repeal
Section 6604.1 of, the Welfare and Institutions Code, relating to
sexually violent predators, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 536, Mountjoy.  Sexually violent predators.
   (1) Existing law, repealed by its own terms as of January 1, 1998,
authorized the Board of Prison Terms to 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 reenact this provision.  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 named in the petition filed
pursuant to these provisions is likely to engage in sexually violent
predatory criminal behavior.  The bill also would require the State
Department of Mental Health to identify each person for whom a
petition has been filed who has not had a probable cause hearing and
to notify the court that the person has not had a hearing.
   (2) Existing law, repealed by its own terms as of January 1, 1998,
required a judge of the superior court to review any petition
submitted by an agency requesting an urgency review in cases where an
inmate's parole or temporary parole hold will expire before a
probable cause hearing is conducted 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 would reenact this provision.
   (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 2-year
term of commitment as a sexually violent predator commences on the
date upon which the court issues the initial order of commitment and
shall not be reduced by any time spent in a secure facility prior to
the order of commitment.  The bill would specify that this provision
does not constitute a change in, but is declaratory of, existing law.

   (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.
  (5) This bill would declare that it is to take effect immediately
as an urgency statute.


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


  SECTION 1.  Section 6601.3 is added to the Welfare and Institutions
Code, to read:
   6601.3.  The Board of Prison Terms 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),
inclusive, of Section 6601, unless his or her scheduled date of
release falls more than 45 days after referral.
  SEC. 2.  Section 6601.5 is added to the Welfare and Institutions
Code, to read:
   6601.5.  In cases where an inmate's parole 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.
  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.  The
person named in the petition shall be entitled to assistance of
counsel at the probable cause hearing.  If the judge determines that
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.
   The State Department of Mental Health shall identify each person
for whom a petition pursuant to this article has been filed who is in
a state hospital on or after January 1, 1998, and who has not had a
probable cause hearing pursuant to Section 6602.  The State
Department of Mental Health shall notify the court in which the
petition was filed that the person has not had a probable cause
hearing.  Copies of the notice shall be provided by the court to the
attorneys of record in the case.  Within 30 days of notice by the
State Department of Mental Health, the court shall either order the
person removed from the state hospital and returned to local custody
or hold a probable cause hearing pursuant to Section 6602.
  SEC. 5.  Section 6604.1 is added to the Welfare and Institutions
Code, to read:
   6604.1.  (a) The two-year term of commitment provided for in
Section 6604 shall commence on the date upon which the court issues
the initial order of commitment pursuant to that section.  The
two-year term shall not be reduced by any time spent 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.
   (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. 6.  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. 7.  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. 8.  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. 9.  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. 10.  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, credits that may reduce a term of
imprisonment are not applicable.  Accordingly, the Legislature finds
and declares that Section 5 of this act, which adds Section 6604.1 to
the Welfare and Institutions Code, does not constitute a change in,
but is declaratory of, existing law.
  SEC. 11.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to provide immediate protection to the public from
sexually violent predators who will be released in the near future,
it is necessary that this act take effect immediately.