BILL ANALYSIS
SENATE RULES COMMITTEE SB 1976
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 445-6614 Fax: (916) 327-4478
.
THIRD READING
.
Bill No: SB 1976
Author: Mountjoy (R)
Amended: 5/6/98
Vote: 21
.
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/21/98
AYES: Vasconcellos, Rainey, Kopp, McPherson, Polanco,
Schiff
NOT VOTING: Burton, Watson
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/26/98
AYES: Johnston, Alpert, Burton, Dills, Hughes, Johnson,
Kelley, Leslie, McPherson, Mountjoy, O'Connell,
Vasconcellos
NOT VOTING: Calderon
.
SUBJECT : Sexually violent predators
SOURCE : Department of Mental Health
.
DIGEST : This bill provides that it be a misdemeanor for
a sexually violent predator to escape from a mental health
facility.
This bill provides that the Atascadero State Hospital be
used to hose sexually violent predators only until a
permanent housing and treatment facility is available.
The bill expands notification requirements relating to
sexually violent predators, as specified.
This bill also limits the Department of Mental Health to
sending 10 referrals for probable cause hearings to any
county in any 30-day period.
ANALYSIS : Existing law makes it an alternative
felony/misdemeanor ("wobbler") for a mentally disordered
sex offender to escape from a mental health facility or
while being moved to or from the facility, and requires
notification of the escape to specified law enforcement
agencies. The punishment for escape is 16 months, two
years, or three years in state prison or not more than one
year in a county jail.
This bill would create a parallel crime, except as a
misdemeanor, for sexually violent predators, 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.
Existing law provides that Atascadero State Hospital must
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 require that Atascadero State Hospital be
used for this purpose only until a permanent housing and
treatment facility is available, and would require the
Director of the Department of Mental Health to locate, in
conjunction with the Director of Corrections and with
approval by the Legislature, a site for a permanent
facility. The bill would direct the Department of Mental
Health to operate this facility and would provide that,
absent direct authorization by the Legislature, only
mentally disordered sex offenders may be treated there.
Under existing law, when the Department of Mental Health
determines that a 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 commitment
offense. 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 require the county-designated attorney to
notify the Department of Mental Health of its decision
regarding the filing of a petition for commitment within 15
days of making its decision.
Existing law requires the superior court judge to 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 forward a copy of the
minute order of the probable cause hearing outcome to the
Department of Mental Health within 15 days of its decision.
Existing law, operative April 14, 1998, requires a judge of
the superior court to review any petition submitted to the
Department of Mental Health in cases where an inmate is at
Atascadero State Hospital and has not yet had a probable
cause hearing. Upon notice by the department, within 30
days the court must either order the person removed from
the state hospital and returned to local custody or must
hold a probable cause hearing.
This bill would provide that no more than 10 referrals may
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.
Existing law, operative April 14, 1998, provides that the
two-year term of commitment under the sexually violent
predator statutes 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. For subsequent commitments, the term
is from the date of termination of the previous commitment.
This provision will sunset January 1, 1999.
This bill would delete the sunset provision.
Existing law provides that if the court orders the
immediate release of a sexually violent predator, the
Department of Mental Health must notify the sheriff or
chief of police, or both, and the district attorney, who
have jurisdiction over the community in which the person is
scheduled to be released at the time of release.
This bill would expand the reporting requirements to
provide that when the department makes any recommendation
to the court concerning either the release or commitment of
a sexually violent predator, at least 15 days in advance of
making its recommendation, it must notify specified local
law enforcement officials (1) where the person may be
released for community outpatient treatment, (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, when appropriate.
The bill provides that 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 of any person committed as a
sexually violent predator, it must provide written notice
of that action to the sheriff or chief of police as well as
the district attorney that have jurisdiction over: (1) the
community in which the person maintained his/her last legal
residence; (2) the community into which the person will be
released; (3) the county which filed for the person's civil
commitment.
In this case the State Department of Mental Health is also
required to notify the State Department of Corrections'
Sexually Violent Predator Parole Coordinator, if the person
is otherwise subject to parole at least 15 days prior to
the department's submission of its recommendation.
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 Department
of Mental Health of its recommendation to the court in
connection with a commitment hearing.
Existing law 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. (Welfare & Institutions Code Section 6609.3)
Penal Code Section 3058.8, containing similar provisions
relating to release on parole of violent offenders, was
amended in 1997 to change the 25 mile limitation to 100
miles.
This bill would provide that any person requesting notice
must 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.
The bill contains a "crimes and infractions" disclaimer
relating to reimbursement to local governmental entities
based on local mandates.
Prior Legislation
SB 536 (Mountjoy), Chapter 19, Statutes of 1998, passed the
Senate 31-0.
AB 3130 (Boland), Chapter 462, Statutes of 1996, passed the
Senate 30-1 (Noes: Marks).
AB 1496 (Sher), Chapter 4, Statutes of 1996, passed the
Senate 38-0.
AB 888 (Rogan), Chapter 763, Statutes of 1995, passed the
Senate 37-0.
SB 1143 (Mountjoy), Chapter 764, Statutes of 1995, passed
the Senate 34-0.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 1998-99 1999-2000
2000-01 Fund
Site surveys $ 5,400 -- --
General
Construction Unknown increased costs, potentiallyGeneral
$298,000, beginning 2000-01
Operations Unknown increased costs, potentiallyGeneral
100,000 annually, beginning 2003-04
Escape Unknown increased mandated, non- Local
reimbursable costs for county jail
and probation
Notification No fiscal impact to the courts
General
requirements No fiscal impact to DMH
General
Unknown, probably not substantial,Local
increased mandated, potentially
reimbursable costs
SUPPORT : (Verified 5/22/98)
Attorney General
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author:
"Current law does not provide for the advance notification
to the Department of Mental Health (DMH) of the results of
the civil commitment proceedings held on Sexually Violent
Predators (SVP). Without advance notification, DMH is
unable to properly plan for sufficient staffing, treatment
and housing needs for individuals ordered by the court to
the state hospital. This bill would require the specified
county attorney to notify DMH of the decision to file a
petition for an SVP commitment within 15 days of the
decision. The designated court shall also notify the
department of the probable cause hearing outcome within 15
days of the decision and of the trial outcome within 72
hours of the outcome. The amendments would provide DMH
with up-to-date information concerning the results of
probable cause deliberations and hearings for SVPs, as well
as related court actions.
"Current law does not require the court to notify DMH of
its action related to the conditional or unconditional
release of a patient on "court leave" while held in the
local jail awaiting court proceedings related to the SVP
civil commitment process. DMH loses physical custody of an
individual on "court leave" and has no reliable means of
obtaining information as to when or what action the court
may take. This bill would require the court, upon its
decision to immediately release an SVP, to notify the
sheriff and/or chief of police, as well as the district
attorney, who have jurisdiction over the
community to which the SVP is to be released. These
amendments were addressed by SB 536 (Mountjoy), but full
clarification was not achieved as late amendments to the
bill were limited to only the most critical, high priority
cases."
RJG:sl 5/22/98 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****