BILL NUMBER: SB 1976 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Mountjoy
FEBRUARY 19, 1998
An act to amend Section 4536 of the Penal Code, and to amend
Sections 6601, 6602, 6603, and 6609.1 of the Welfare and Institutions
Code, relating to sex offenses.
LEGISLATIVE COUNSEL'S DIGEST
SB 1976, as introduced, Mountjoy. Sexually violent predators.
(1) Existing law provides that every person committed to a public
or private mental health facility as a mentally disordered sex
offender, who escapes from or who escapes while being conveyed to or
from that mental health facility, is punishable by imprisonment in
the state prison or in the county jail not to exceed one year.
This bill would make this provision applicable as well to those
persons committed to a mental health facility as a sexually violent
predator. By expanding the scope of an existing crime, this bill
would impose a state-mandated local program.
(2) Under existing law, whenever the Director of Corrections
determines that an individual who is in custody, and who is either
serving a determinate prison sentence or whose parole has been
revoked, may be a sexually violent predator, the director is required
to refer the person for evaluation by the State Department of Mental
Health, as specified. If the State Department of Mental Health
determines that the person is a sexually violent predator, the
Director of Mental Health is required to forward a request for a
petition to be filed for commitment to the county in which the person
was convicted of the offense for which the person was committed to
the jurisdiction of the Department of Corrections. Copies of the
evaluation reports are required to be made available to the
county-designated attorney who may file a petition for commitment.
This bill would provide that the county-designated attorney shall
notify the State Department of Mental Health of its decision
regarding the filing of a petition for commitment within 30 days of
the receipt from the department of the request for a petition for
commitment.
(3) Existing law provides that a judge of the superior court shall
review the petition for commitment and 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 require the court to notify the State Department
of Mental Health of the outcome of the probable cause hearing by
forwarding to the department a copy of the minute order of the court
within 15 days of the decision.
(4) Existing law provides that a person subject to commitment as a
sexually violent predator is entitled to specified rights, including
a trial by jury.
This bill would provide that the court shall notify the State
Department of Mental Health of the outcome of the trial by forwarding
to the department a copy of the minute order of the court within 72
hours of the decision.
(5) Existing law provides that if the court orders the immediate
release of a sexually violent predator, the State Department of
Mental Health 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.
This bill would impose this notification duty on the court instead
of the State Department of Mental Health.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4536 of the Penal Code is amended to read:
4536. (a) Every person committed to a state hospital or other
public or private mental health facility as a mentally disordered sex
offender, or under the provisions of Article 4 (commencing with
Section 6600) of Chapter 2 of Part 2 of the Welfare and Institutions
Code, who escapes from or who escapes while being conveyed to
or from such state hospital or other public or private mental health
facility, is punishable by imprisonment in the state prison or in the
county jail not to exceed one year. The term imposed pursuant to
this section shall be served consecutively to any other sentence or
commitment.
(b) The medical director or person in charge of a state hospital
or other public or private mental health facility to which a person
has been committed as a mentally disordered sex offender shall
promptly notify the chief of police of the city in which the hospital
or facility is located, or the sheriff of the county if the hospital
or facility is located in an unincorporated area, of the escape of
the person, and shall request the assistance of the chief of police
or sheriff in apprehending the person, and shall, within 48 hours of
the escape of the person, orally notify the court that made the
commitment, the prosecutor in the case, and the Department of Justice
of the escape.
SEC. 2. Section 6601 of the Welfare and Institutions Code is
amended to read:
6601. (a) Whenever the Director of Corrections determines that an
individual who is in custody under the jurisdiction of the
Department of Corrections, and who is either serving a determinate
prison sentence or whose parole has been revoked, may be a sexually
violent predator, the director shall, at least six months prior to
that individual's scheduled date for release from prison, refer the
person for evaluation in accordance with this section. However, if
the inmate was received by the department 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 for evaluation in accordance with this section at a date
that is less than six months prior to the inmate's scheduled release
date.
(b) The person shall be screened by the Department of Corrections
and the Board of Prison Terms based on whether the person has
committed a sexually violent predatory offense and on a review of the
person's social, criminal, and institutional history. This
screening shall be conducted in accordance with a structured
screening instrument developed and updated by the State Department of
Mental Health in consultation with the Department of Corrections.
If as a result of this screening it is determined that the person is
likely to be a sexually violent predator, the Department of
Corrections shall refer the person to the State Department of Mental
Health for a full evaluation of whether the person meets the criteria
in Section 6600.
(c) The State Department of Mental Health shall evaluate the
person in accordance with a standardized assessment protocol,
developed and updated by the State Department of Mental Health, to
determine whether the person is a sexually violent predator as
defined in this article. The standardized assessment protocol shall
require assessment of diagnosable mental disorders, as well as
various factors known to be associated with the risk of reoffense
among sex offenders. Risk factors to be considered shall include
criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), the person shall be evaluated by
two practicing psychiatrists or psychologists, or one practicing
psychiatrist and one practicing psychologist, designated by the
Director of Mental Health. If both evaluators concur that the person
has a diagnosed mental disorder such that he or she is likely to
engage in acts of sexual violence without appropriate treatment and
custody, the Director of Mental Health shall forward a request for a
petition for commitment under Section 6602 to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment.
(e) If one of the professionals performing the evaluation pursuant
to subdivision (d) does not concur that the person meets the
criteria specified in subdivision (d), but the other professional
concludes that the person meets those criteria, the Director of
Mental Health shall arrange for further examination of the person by
two independent professionals selected in accordance with subdivision
(g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under
this article shall only be filed if both independent professionals
who evaluate the person pursuant to subdivision (e) concur that the
person meets the criteria for commitment specified in subdivision
(d). The professionals selected to evaluate the person pursuant to
subdivision (g) shall inform the person that the purpose of their
examination is not treatment but to determine if the person meets
certain criteria to be involuntarily committed pursuant to this
article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the Director
of Corrections or the Director of Mental Health for purposes of this
section shall not be a state government employee, shall have at
least five years of experience in the diagnosis and treatment of
mental disorders, and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology. The
requirements set forth in this section also shall apply to any
professionals appointed by the court to evaluate the person for
purposes of any other proceedings under this article.
(h) If the State Department of Mental Health determines that the
person is a sexually violent predator as defined in this article, the
Director of Mental Health shall forward a request for a petition to
be filed for commitment under this article to the county designated
in subdivision (i). Copies of the evaluation reports and any other
supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a
petition for commitment in the superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the
superior court of the county in which the person was convicted of the
offense for which he or she was committed to the jurisdiction of the
Department of Corrections. The petition shall be filed, and the
proceedings shall be handled, by either the district attorney or the
county counsel of that county. The county board of supervisors shall
designate either the district attorney or the county counsel to
assume responsibility for proceedings under this article.
(j) The time limits set forth in this section shall not apply
during the first year that this article is operative.
(k) If the person is otherwise subject to parole, a finding or
placement made pursuant to this article shall not toll, discharge, or
otherwise affect the term of parole pursuant to Article 1
(commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of
the Penal Code.
(l) Pursuant to subdivision (d), the attorney designated by the
county pursuant to subdivision (i) shall notify the State Department
of Mental Health of its decision regarding the filing of a petition
for commitment within 30 days of the receipt from the department of
the request for a petition for commitment.
SEC. 3. Section 6602 of the Welfare and Institutions Code is
amended to read:
6602. (a) 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 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.
(b) The court shall notify the State Department of Mental Health
of the outcome of the probable cause hearing by forwarding to the
department a copy of the minute order of the court within 15 days of
the decision.
SEC. 4. Section 6603 of the Welfare and Institutions Code is
amended to read:
6603. (a) A person subject to this article shall be entitled to a
trial by jury, the assistance of counsel, the right to retain
experts or professional persons to perform an examination on his or
her behalf, and have access to all relevant medical and psychological
records and reports. In the case of a person who is indigent, the
court shall appoint counsel to assist him or her, and, upon the
person's request, assist the person in obtaining an expert or
professional person to perform an examination or participate in the
trial on the person's behalf.
(b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
(c) If no demand is made by the person subject to this article or
the petitioning attorney, the trial shall be before the court without
jury.
(d) A unanimous verdict shall be required in any jury trial.
(e) The court shall notify the State Department of Mental Health
of the outcome of the trial by forwarding to the department a copy of
the minute order of the court within 72 hours of the decision.
SEC. 5. Section 6609.1 of the Welfare and Institutions Code is
amended to read:
6609.1. (a) When any person committed as a sexually violent
predator is going to be unconditionally released, the State
Department of Mental Health 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.
Except as provided in subdivision (b), the notice shall be given at
least 15 days prior to the scheduled release date and shall include
the name of the person who is scheduled to be released, whether or
not the person is required to register with law enforcement, and the
community in which the person will reside.
(b) When a person committed as a sexually violent predator is
scheduled to be released to a county other than the county from which
he or she was committed, the State Department of Mental Health 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 the inmate is scheduled to be released.
The notice shall be made at least 45 days prior to the scheduled
release date and shall include the name of the person who is
scheduled to be released, whether or not the person is required to
register with local law enforcement, and the community in which the
person will reside.
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 court
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. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.