BILL ANALYSIS �
SB 179
Page 1
REPLACE : 09/02/11 Changes per consultant.
SENATE THIRD READING
SB 179 (Pavley)
As Amended August 26, 2011
2/3 vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, |
| |Hagman, Hill, Mitchell, | |Blumenfield, Bradford, |
| |Skinner | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Tolls the period of parole for any person subject to a
sexually violent predator (SVP) proceeding upon a finding of
probable cause rather than when the person is actually found to
be a SVP. Specifically, this bill :
1) Provides that an order finding that the petition on its
face, supports a finding of probable cause, and that the
individual is likely a SVP shall toll the period of parole
of that person, from the date that person is released by the
California Department of Corrections and Rehabilitation
(CDCR) until the judge enters the order unconditionally
discharging that person.
2) If the person is not committed to the Department of Mental
Health as a sexual violent predator, the tolling of the
parole period is abrogated and the parole period will be
deemed to have commenced on the date of release from the
Department of Corrections and Rehabilitation.
3) Amends the SVP parole tolling provisions in the Welfare
and Institution Code (WIC) as follows: an order issued by a
judge pursuant to WIC Section 6601.5, finding that the
petition, on its face, supports a finding of probable cause
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to believe that the individual named in the petition is
likely to engage in sexually violent predatory criminal
behavior upon his or her release, shall toll that person's
parole pursuant to Penal Code Section 3000.
4) Specifies that the tolling shall only apply to those
individuals who are later determined to be SVPs.
EXISTING LAW :
1)Provides for the civil commitment for psychiatric and
psychological treatment of a prison inmate found to be a
sexually violent predator after the person has served his or
her prison commitment.
2)Defines a sexually violent predator 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."
3)Defines a "diagnosed mental disorder" as one that includes "a
congenital or acquired condition affecting the emotional or
volitional capacity that predisposes the person to the
commission of criminal sexual acts in a degree constituting
the person a menace to the health and safety of others."
4)Provides that where, pursuant to a screening process by the
CDCR or Board of Parole Hearings, an inmate fits the criteria
for evaluation as a SVP, the inmate shall be referred for
evaluation to DMH.
5)Provides that the inmate "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
meets the criteria for SVP commitment, DMH shall request a
prosecutor to file a commitment petition.
6)Provides that if the prosecutor concurs with the
recommendation of DMH, the prosecutor shall file a petition
for commitment. In an initial hearing on the petition, the
court determines whether or not there is probable cause that
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the inmate is a SVP.
7)Provides that where the court finds probable cause that the
person is a SVP, a formal trial upon proof beyond a reasonable
doubt is held. If the state prevails, the SVP is committed to
DMH for treatment for an indeterminate period of time.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, potentially significant, in the low hundreds
of thousands of dollars, out-year annual General Fund costs for
more costly parole supervision.
Costs would depend on a number of factors, including when the
offender was convicted, which determines the length of the
parole period. Many sex offenders now face 10-year or even
lifetime parole supervision, due to statutory changes in the
past several years, while many current offenders were sentenced
under statute that provides for a three-year parole period.
For purpose of illustration, if two SVPs were released per year
and as a result of the parole tolling proposed by this bill, had
to serve an additional three years on parole, with a
differential of about $25,000 between a banked parole caseload
while in a state mental hospital, and a full services sex
offender parole caseload, the increase would be in the range of
$150,000 after three years with continuing increases thereafter.
COMMENTS : According to the author, "SB 179 closes a loophole in
the law to ensure that sex offenders serve their court-ordered
parole time. It does not expand or extend parole - it simply
corrects the timing of the parole.
"Due to an inconsistency in the law, the parole time for these
offenders begins as soon as they are released from prison, and
continues while the offender is being assessed in the state
hospital under full security - thus receiving overlapping
supervision services. As a consequence, some offenders run out
the clock on their three year court-ordered parole time and are
released into the community with no supervision - contrary to
the intent of the law.
"SB 179 would instead require that the parole time occur after
the offender is released from hospital custody.
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"This is not only a better use of scarce parole resources, but
it will also make communities safer as these violent sex
offenders will be subject to supervision upon release from
custody.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002663