BILL NUMBER: SB 1976 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 6, 1998
AMENDED IN SENATE APRIL 16, 1998
AMENDED IN SENATE APRIL 2, 1998
INTRODUCED BY Senator Mountjoy
FEBRUARY 19, 1998
An act to add Section 4536.5 to the Penal Code, and to amend
Sections 6600.05, 6601, 6602, 6602.5, 6603, 6604.1 ,
6609.1, 6609.2, and 6609.3 of the Welfare and Institutions Code,
relating to sex offenses.
LEGISLATIVE COUNSEL'S DIGEST
SB 1976, as amended, 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 a county jail not to exceed one year.
This bill would create an alternate provision applicable to
persons committed to a mental health facility as a sexually violent
predator and would require the medical director or person in charge
of the facility to promptly notify either the Department of
Corrections Sexually Violent Predator Parole Coordinator or local law
enforcement officials upon the escape. This bill would punish
escapes by sexually violent predators by imprisonment in a county
jail not exceeding one year. By creating a new crime, this bill
would impose a state-mandated local program.
(2) Existing law provides that Atascadero State Hospital shall be
used whenever a person is committed to a secure facility for mental
health treatment as a sex offender and is placed in a state hospital
under the direction of the State Department of Mental Health.
This bill would provide that Atascadero State Hospital shall be
used for this purpose only until a permanent housing and treatment
facility is available, and would require
provide that a permanent facility for the housing and treatment of
persons committed for mental health treatment shall be located on a
site or sites determined by the Director of the State
Department of Mental Health , in conjunction with
and the Director of Corrections, and upon
with subsequent approval by the Legislature
a site for a permanent facility . The bill would
direct the State Department of Mental Health to operate this
facility, and would provide that, absent direct authorization by the
Legislature, only mentally disordered sex offenders shall be treated
therein.
(3) 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 15 days of
making that decision.
(4) 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.
(5) Existing law requires 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 provide that in no event shall more than 10
referrals be made to a superior court in any 30-day period for this
purpose except upon agreement of the presiding judge of the court,
the district attorney, the public defender, the sheriff, and the
Director of Mental Health.
By requiring increased duties and responsibilities of local
officials, this bill would impose a state-mandated local program.
(6) 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.
(7) 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. Existing law
also provides that, until January 1, 1999, this 2-year term of
commitment commences on the date upon which the court issues the
initial order of commitment and is not reduced by any time spent in a
secure facility prior to the order of commitment.
This bill would delete the automatic repeal of these provisions
relating to the date of commencement and term of the 2-year
commitment period.
(8) 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 instead provide that when the department makes any
recommendation to the court concerning either the release or
commitment of a sexually violent predator, it shall, at least 15 days
in advance of making its recommendation, notify specified local law
enforcement officials (1) where the person may be released, (2) where
the person last resided or, (3) in the county which filed for the
person's civil commitment. The bill would also require notification
of the Department of Corrections Sexually Violent Predator Parole
Coordinator, as specified.
(9) Existing law authorizes a sheriff or chief of police to notify
appropriate persons upon the impending release of a sexually violent
predator.
This bill would expand this authorization to allow for
notification to appropriate persons of the disposition of a sexually
violent predator upon notice from the State Department of Mental
Health of its recommendation to the court in connection with a
commitment hearing.
(10) Existing law authorizes requires
a sheriff or chief of police to notify requesting parties of
the impending release of a sexually violent predator, but allows
disclosure of the community in which the person will be placed only
if it is (1) in the county of a requesting witness, victim, or family
member, or (2) within 25 miles of the actual residence of a
requesting witness, victim, or family member.
This bill would provide that any person requesting notice shall be
informed of the identity of the court considering the conditional
release, recommitment hearing, or review of commitment status. The
bill would also allow victims, witnesses, and family members who
request notification to be informed of the community where the person
is scheduled to be placed if their actual residence is within 100
miles of that community.
(11) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, with regard to an identified
mandate, no reimbursement is required by this act for a specified
reason.
With regard to other mandates, this bill would provide that, if
the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 4536.5 is added to the Penal Code, to read:
4536.5. (a) Every person committed to a state hospital or other
public or private mental health facility 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 escapes while
being conveyed to or from, a state hospital or other public or
private mental health facility, is punishable by imprisonment in a
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 under the provisions of Article 4 (commencing with
Section 6600) of Chapter 2 of Part 2 of the Welfare and Institutions
Code, shall promptly notify the Department of Corrections Sexually
Violent Predator parole coordinator Parole
Coordinator , 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 6600.05 of the Welfare and Institutions Code is
amended to read:
6600.05. (a) Until a permanent housing and treatment facility is
available, Atascadero State Hospital shall be used whenever a person
is committed to a secure facility for mental health treatment
pursuant to this article and is placed in a state hospital under the
direction of the State Department of Mental Health unless there are
unique circumstances that would preclude the placement of a person at
that facility. If a state hospital is not used, the facility to be
used shall be located on a site or sites determined by the Director
of Corrections and the Director of Mental Health. In no case shall a
person committed to a secure facility for mental health treatment
pursuant to this article be placed at Metropolitan State Hospital or
Napa State Hospital.
(b) A permanent facility for the housing and treatment of persons
committed pursuant to this article shall be located on a site or
sites determined by the Director of Corrections and the Director of
Mental Health, with approval by the Legislature through a trailer
bill or other legislation. . The State Department
of Mental Health shall be responsible for operation of the facility,
including the provision of treatment. In no event shall any persons
other than those placed pursuant to this article be housed or treated
at a facility established pursuant to this subdivision unless
expressly authorized by the Legislature.
SEC. 3. 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 so 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 15 days of making that decision.
SEC. 4. 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 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 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.
(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. 5. Section 6602.5 of the Welfare and Institutions Code, as
added by Section 4 of Chapter 19 of the Statutes of 1998, is amended
to read:
6602.5. (a) 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.
(b) 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.
(c) In no event shall the number of persons referred pursuant to
subdivision (b) to the superior court of any county exceed 10 in any
30-day period, except upon agreement of the presiding judge of the
superior court, the district attorney, the public defender, the
sheriff, and the Director of Mental Health.
SEC. 6. 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. 7. Section 6604.1 of the Welfare and Institutions Code, as
added by Section 5 of Chapter 19 of the Statutes of 1998, is amended
to read:
6604.1. 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.
SEC. 8. Section 6609.1 of the Welfare and Institutions Code is
amended to read:
6609.1. (a) When the State Department of Mental Health makes 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, the district attorney, or
the county's designated counsel, that have jurisdiction over the
following locations:
(1) The community in which the person may be released for
community outpatient treatment.
(2) The community in which the person maintained their last legal
residence as defined by Section 3003 of the Penal Code.
(3) The county which filed for the person's civil commitment
pursuant to this article.
The department shall also notify the Department of Corrections'
Sexually Violent Predator Parole Coordinator, if the person is
otherwise subject to parole pursuant to Article 1 (commencing with
Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code.
The notice shall be given at least 15 days prior to the department'
s submission of its recommendation to the court.
(b) When the State Department of Mental Health makes a
recommendation to pursue recommitment, a recommendation not to pursue
recommitment, or seeks a judicial review of commitment status
pursuant to subdivision (f) of Section 6605, of any person committed
as a sexually violent predator, it shall provide written notice of
that action to the sheriff or chief of police, or both, and to the
district attorney, that have jurisdiction over the following
locations:
(1) The community in which the person maintained their last legal
residence as defined by Section 3003 of the Penal Code.
(2) The probable community in which the person will be released,
if recommending not to pursue recommitment.
(3) The county which filed for the person's civil commitment
pursuant to this article.
The State Department of Mental Health shall also notify the
Department of Corrections' Sexually Violent Predator Parole
Coordinator, if the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of
the Penal Code. The notice shall be made at least 15 days prior to
the department's submission of its recommendation to the court.
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 release of a sexually violent
predator, the county's designated counsel who filed the commitment
petition shall notify the State Department of Mental Health, and
shall notify the sheriff or chief of police, or both, and the
district attorney, that have jurisdiction over the following
locations:
(1) The community in which the person is to be released.
(2) The community in which the person maintained their last legal
residence as defined in Section 3003 of the Penal Code.
The county's designated counsel shall also notify the Department
of Corrections' Sexually Violent Predator Parole Coordinator, if the
person is otherwise subject to parole pursuant to Article 1
(commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of
the Penal Code.
(d) At least 72 hours prior to any action to otherwise release
from custody any person referred for civil commitment pursuant to
this article, or any person committed as a sexually violent predator
pursuant to this article, notice of this release shall be provided to
the Department of Corrections' Sexually Violent Predator Parole
Coordinator, if the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of
Part 3 of the Penal Code. The notice shall be provided by the county'
s designated counsel.
(e) The notice required by this section shall be made whether or
not a request has been made pursuant to Section 6609.
(f) 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.
SEC. 9. 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 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. 10. Section 6609.3 of the Welfare and Institutions Code is
amended to read:
6609.3. (a) At the time a notice is sent pursuant to subdivisions
(a) and (b) of Section 6609.1, the sheriff, chief of police, or
district attorney notified of the release 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 release, recommendation regarding recommitment, or
review of commitment status pursuant to subdivision (f) of Section
6605. 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 100 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 date or the community
in which the person is to reside, the sheriff, chief of police, or
the district attorney shall provide the witness, victim, or next of
kin with the revised information.
(b) At the time a notice is sent pursuant to subdivision (c) of
Section 6609.1 the 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 the
person who committed the sexually violent offense has been released.
(c) 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. 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 makes 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 or the county's designated counsel,
that have jurisdiction over the following locations:
(1) 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 for community outpatient treatment.
(2) The community in which the person maintained his or
her last legal residence as defined by Section 3003 of the Penal
Code.
(3) The county which filed for the person's civil commitment
was established pursuant to this article.
The department shall also notify the Department of Corrections'
Sexually Violent Predator Parole Coordinator, if the person is
otherwise subject to parole pursuant to Article 1 (commencing with
Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code.
The notice shall be given at least 15 days prior to the department'
s submission of its recommendation to the court.
(b) When the State Department of Mental Health is
considering makes a recommendation to
pursue recommitment, a recommendation not to pursue
recommitment , or seeks a judicial review of commitment status
pursuant to subdivision (f) of Section 6605, of any person
committed as a sexually violent predator, it shall provide written
notice of that release action to the
sheriff or police chief of police , or
both, and to the district attorney, who has
that have jurisdiction over the following locations:
(1) The community in which the person maintained his or
her last legal residence as defined by Section 3003 of the Penal
Code.
(2) The probable community in which the person will be released,
if recommending not to pursue recommitment.
(3) The county which filed for the person's civil commitment
was established pursuant to this article.
The State Department of Mental Health shall also notify the
Department of Corrections' Sexually Violent Predator Parole
Coordinator, if the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of
the Penal Code . 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 submission of its recommendation
not to pursue the extension of the civil commitment
to the court .
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 county's designated counsel who filed the
commitment petition shall notify the State Department of Mental
Health, and shall notify the sheriff or chief of police, or
both, and the district attorney, who has that
have jurisdiction over the following locations:
(1) The community in which the person is scheduled
to be released at the time of release to be released
.
(d)
(2) The community in which the person maintained his or her last
legal residence as defined in Section 3003 of the Penal Code.
The county's designated counsel shall also notify the Department
of Corrections' Sexually Violent Predator Parole Coordinator, if the
person is otherwise subject to parole pursuant to Article 1
(commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of
the Penal Code.
(d) At least 72 hours prior to any action to otherwise release
from custody any person referred for civil commitment pursuant to
this article, or any person committed as a sexually violent predator
pursuant to this article, notice of this release shall be provided to
the Department of Corrections' Sexually Violent Predator Parole
Coordinator, if the person is otherwise subject to parole pursuant to
Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of
Part 3 of the Penal Code. The notice shall be provided by the county'
s designated counsel.
(e) The notice required by this section shall be made
whether or not a request has been made pursuant to Section 6609.
(e)
(f) 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. 9. 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. 10. Section 6609.3 of the Welfare and Institutions Code is
amended to read:
6609.3. (a) At the time a notice is sent pursuant to
subdivision subdivisions (a)
or and (b) of Section 6609.1, the sheriff, chief
of police, or district attorney so notified
of the release 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 ,
recommendation regarding recommitment, or review of commitment status
pursuant to subdivision (f) of Section 6605 . 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 25 100 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 date or the community in which the person
is to reside, the sheriff, chief of police, or the
district attorney shall provide the witness, victim, or next of kin
with the revised information.
(b) At the time a notice is sent pursuant to subdivision (c) of
Section 6609.1 the 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 has been released.
(c) 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. 11. No reimbursement is required by Section 1 of this act
pursuant to Section 6 of Article XIIIB of the California Constitution
for certain costs that may be incurred by a local agency or school
district because in that regard 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.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
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.