BILL ANALYSIS SENATE RULES COMMITTEE SB 536 Office of Senate Floor Analyses 1020 N Street, Suite 524 (916) 445-6614 Fax: (916) 327-4478 . UNFINISHED BUSINESS . Bill No: SB 536 Author: Mountjoy (R), et al Amended: 3/19/98 Vote: 27 - Urgency . SENATE PUBLIC SAFETY COMMITTEE : 8-0, 4/8/97 AYES: Vasconcellos, Rainey, Burton, Kopp, McPherson, Polanco, Schiff, Watson SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 35-0, 5/1/97 AYES: Alpert, Ayala, Brulte, Costa, Dills, Greene, Haynes, Hughes, Hurtt, Johannessen, Johnson, Johnston, Karnette, Kelley, Knight, Kopp, Lee, Leslie, Lewis, Lockyer, Maddy, McPherson, Monteith, Mountjoy, O'Connell, Peace, Rainey, Rosenthal, Schiff, Sher, Solis, Thompson, Vasconcellos, Watson, Wright NOT VOTING: Burton, Calderon, Craven, Hayden, Polanco ASSEMBLY FLOOR : 70-0, 3/26/98 - See last page for vote . SUBJECT : Sexually violent predators SOURCE : Department of Mental Health . DIGEST : This bill specifies that until January 1, 1999 the two-year civil commitment term for sexually violent predators (SVP) must 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. The bill requires the Department of Mental Health (DMH) to notify local law enforcement officials 15 days prior to a court recommendation for community out-patient treatment or unconditional release of a SVP. Assembly Amendments : 1. Provide that no person may be placed in a state hospital pursuant to provisions of civil commitment statute until there has been a determination that there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior. 2. Require the Department of Mental Health (DMH) to identify each person for whom a petition has been filed who has not had a probable cause hearing and to so notify the court. 3. Specify that until January 1, 1999: A. The two-year term of commitment shall commence on the date upon which the court issues the initial order of the commitment; B. The two-year period shall not be reduced by any time spent in a secure facility prior to the order of commitment; and C. For subsequent extended commitments, the term of commitment shall be from the date of the termination of the previous commitment. 4. Reenacts provisions repealed January 1, 1998 to (a) permit the Board of Prison Terms (BPT) to order a person who has been referred to DMH for evaluation to remain in custody for no more than 45 days for evaluation in those circumstances when the restoration of credits to the person's term of imprisonment renders the normal time frames for SVP commitment impracticable, and (b) require a judge of the superior court to review any petition submitted by an agency requesting 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 is likely to engage in sexually violent predatory behavior upon his or her release. 5. Add an urgency clause. ANALYSIS : 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. Until January 1, 1998, the Board of Prison Terms was permitted 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. Until January 1, 1998 a judge of the superior court was required 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 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 would reenact this provision. 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. Prior legislation : AB 3130 (Boland) Chapter 462, Statutes of 1996 passed the Senate 30-1, 8/26/96; No: Marks FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 3/27/98) Department of Mental Health (source) Attorney General California Peace Officers' Association California Police Chiefs' Association Doris Tate Crime Victims Bureau ARGUMENTS IN SUPPORT : According to the author's office, existing law states that, in cases where a superior court makes a ruling that a Sexually Violent Predator can be unconditionally released, the Department to Mental Health (DMH) is required to notify the sheriff or chief of police, or both, as well as the district attorney who has jurisdiction over the community to which the person will be released, at least 15 days prior to the release. However, when the court makes such a determination neither DMH nor any other agency has the authority to place or direct the unconditionally released individual to a specific community. Therefore, there is no method of determining who should be notified of the unconditional release. This provision mirrors one which was enacted to set forth the notification duties of the Board of Prison Terms and the Department of Corrections when convicted criminals who committed violent felonies are being released on parole. However, Welfare and Institutions Code Section 6600 provides for a civil commitment for individuals who, in all likelihood, will not have any residual parole obligation. Unlike parolees, a person being released from a civil commitment has no special obligations, unless, because of the nature of a prior conviction, he or she must register with local authorities as a sex offender. As a practical matter, it is much more likely that the SVP will be out of the hospital and at court attending the proceedings resulting in unconditional release. In that situation it is predictable that the court would order the individual unconditionally released forthwith from the custody of the county sheriff. In such instances there would be no communication from the court to the hospital. And the hospital, as an entity of DMH, would be in no position to provide the 15 to 45 day notice as required by the statute to any county authority. The intent of this bill is to strengthen the law enforcement and victim notification procedures consistent with the new SVP civil commitment process. The bill would provide for notification procedures, prior to DMH's recommendation to the court, regardless of whether the SVP may ultimately be conditionally or unconditionally released by the courts. ASSEMBLY FLOOR: AYES: Ackerman, Aguiar, Alquist, Ashburn, Baca, Baldwin, Battin, Baugh, Bordonaro, Bowen, Bowler, Brewer, Brown, Bustamante, Cardenas, Cardoza, Cedillo, Cunneen, Davis, Ducheny, Escutia, Figueroa, Firestone, Frusetta, Gallegos, Goldsmith, Granlund, Havice, Hertzberg, Honda, House, Kaloogian, Keeley, Knox, Kuehl, Leach, Lempert, Leonard, Machado, Margett, McClintock, Migden, Miller, Morrissey, Morrow, Napolitano, Olberg, Oller, Ortiz, Pacheco, Papan, Poochigian, Pringle, Richter, Runner, Scott, Shelley, Strom-Martin, Sweeney, Takasugi, Thompson, Thomson, Torlakson, Vincent, Washington, Wayne, Wildman, Woods, Wright, Villaraigosa NOT VOTING: Alby, Aroner, Campbell, Floyd, Kuykendall, Martinez, Mazzoni, Murray, Perata, Prenter RJG:jk 3/27/98 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****