BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
564 (Hollingsworth)
Hearing Date: 05/26/2009 Amended: 05/20/2009
Consultant: Dan Troy Policy Vote: Public Safety 6-0
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BILL SUMMARY: SB 564 would require sexually violent predators
who are released into a forensic conditional release program to
be placed in a reentry facility administered by the Department
of Mental Health, which may include a new or an existing
facility, until suitable housing is found. The bill would
preclude failure to be placed in a reentry facility from being
grounds for preventing conditional release.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
SVP temporary housing Unknown, potentially millions
General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Current law defines a sexually violent predator (SVP) as an
inmate who has been convicted of a sexually violent offense
against one or more victims and who has a diagnosed mental
disorder that makes the person a danger to the health and safety
of others, in that it is likely that he or she will engage in
sexually violent criminal behavior. Current law permits
committed SVPs to petition the court for conditional release
without the recommendation or concurrence of the Director of the
Department of Mental Health (DMH).
When a committed SVP petitions for conditional release, current
law mandates that the court shall hold a hearing to determine
whether the individual would be a danger to the health and
safety of others due to his or her diagnosed mental disorder if
under supervision and treatment in the community. If the court
determines that the committed person would not be a danger to
others while under supervision and treatment in the community,
the court shall order the individual placed with an appropriate
state-operated forensic conditional release program, which
includes outpatient supervision and treatment, for one year. At
the end of one year, the court shall hold a hearing to determine
if the person should be unconditionally released from commitment
on the basis that, by reason of a diagnosed mental disorder, he
or she is not a danger to the health and safety of others in
that it is not likely that he or she will engage in sexually
violent criminal behavior. The court shall not make this
determination until the person has completed at least one year
in the state-operated forensic conditional release program.
This bill would require SVPs who are released into a forensic
conditional release program to be placed in a reentry facility
administered by the Department of Mental Health until suitable
housing is found. Currently, when a SVP is granted conditional
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SB 564 (Hollingsworth)
release, the individual must be suitably housed within 30 days.
If housing is not found in that time, the court can order a
homeless release and the SVP would register as a
transient. This bill seeks to prevent a homeless release by
having DMH administer and house conditionally housed SVPs in
temporary reentry facilities.
According to DMH, there are nearly 770 SVPs in state mental
facilities. In recent years, there has been an average of about
4 conditional releases per year. DMH estimates that the annual
rate will increase to 16 or 20 in three or four years time given
the progression of SVPs under current treatment. It should be
noted, however, that current law allows SVPs to petition for
conditional release after one year of commitment. As 410 SVPs
meet that threshold, it is at least possible that the rates of
release could be significantly higher. Currently, it takes an
average of 9 months to find suitable placement for a
conditionally released SVP, and it has taken as many 34 months
to do so.
Due to safety concerns and statutory housing restrictions, it is
extremely difficult to find community housing for SVPs. The
challenges of temporary placement would largely mirror the
problems of permanent placement. The bill is not clear as to
whether or not the reentry facilities would be required to be
located in the SVP's home county. It may not be legal to place
them anywhere else.
Given the uncertain variables, a precise fiscal estimate is not
possible, but clearly costs for this bill would be significant.
DMH may be required to establish or retrofit housing in 58
counties and staff them. Even if the placement, housing, and
staffing costs were for only 4 individuals a year, the costs
would likely be in the millions, annually.