BILL NUMBER: SB 451	CHAPTERED  06/26/00

	CHAPTER   41
	FILED WITH SECRETARY OF STATE   JUNE 26, 2000
	APPROVED BY GOVERNOR   JUNE 26, 2000
	PASSED THE SENATE   JUNE 12, 2000
	PASSED THE ASSEMBLY   MAY 8, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000
	AMENDED IN ASSEMBLY   APRIL 4, 2000
	AMENDED IN ASSEMBLY   MARCH 2, 2000
	AMENDED IN ASSEMBLY   JULY 2, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Schiff

                        FEBRUARY 17, 1999

   An act to amend Sections 6601.3, 6601.5, and 6602 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 451, Schiff.  Sexually violent predators:  commitment
petitions.
   Existing law establishes procedures under which a person under the
jurisdiction of the Department of Corrections may be referred for
evaluation at least 6 months prior to the person's scheduled date for
release from prison if the director determines that the person may
be a sexually violent predator, as defined.  Existing law provides,
under certain circumstances, that this person may be required to
stand trial, be found beyond a reasonable doubt to be a sexually
violent predator, and be committed for 2 years to the custody of the
State Department of Mental Health for treatment and confinement in a
secure facility until his or her diagnosed mental disorder has so
changed that he or she is not likely to commit an act of sexual
violence.
   Existing law authorizes the Board of Prison Terms to order that a
person referred to the State Department of Mental Health remain in
custody for a full evaluation for no more than 45 days, unless his or
her scheduled date of release falls more than 45 days after
referral.  Existing law also provides that in cases where an inmate's
parole or temporary parole hold will expire before a probable cause
hearing is conducted, the agency bringing the petition may request an
urgency review by a judge of a superior court in accordance with
specified procedures.
   This bill instead would authorize the board, upon a showing of
good cause, to order that a person referred to the State Department
of Mental Health remain in custody for a full evaluation for no more
than 45 days beyond the person's scheduled release date, and would
revise procedures relating to probable cause review and hearing,
including that the person remain in custody pending the completion of
the hearing.
   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 of the Welfare and Institutions Code is
amended to read:
   6601.3.  Upon a showing of good cause, 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 beyond the person's scheduled release date
for full evaluation pursuant to subdivisions (c) to (i), inclusive,
of Section 6601.
  SEC. 2.  Section 6601.5 of the Welfare and Institutions Code is
amended to read:
   6601.5.  Upon filing of the petition and a request for review
under this section, 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
completed pursuant to Section 6602.  The probable cause hearing
provided for in Section 6602 shall commence 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) 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.  Upon the commencement of the
probable cause hearing, the person shall remain in custody pending
the completion of 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 probable cause hearing shall not be continued except upon
a showing of good cause by the party requesting the continuance.
   (c) 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.  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 protect public safety by preventing the immediate
release of convicted violent sex offenders while the court determines
their eligibility for intensive inpatient treatment, it is necessary
that this act take effect immediately.