BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 179|
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UNFINISHED BUSINESS
Bill No: SB 179
Author: Pavley (D)
Amended: 8/26/11
Vote: 27
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/22/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SENATE FLOOR : 39-0, 6/ 2/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 78-0, 09/07/11 - See last page for vote
SUBJECT : Tolling of Parole: sexually violent predator
patients and
defendants
SOURCE : Los Angeles County District Attorney
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DIGEST : This bill tolls the parole period of any person
subject to commitment as a sexually violent predator from
the initial finding of probable cause through release from
dismissal of proceeding or release from confinement.
Assembly Amendments (1) provide that for an individual
committed to the State Department of Health as a sexually
violent predator, the toll is from the date the prisoner is
released until a court order is entered; and (2) add
double-jointing language to AB 117 (Assembly Budget
Committee).
ANALYSIS : The Sexually Violent Predator (SVP) law
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/her prison commitment. (Welfare and Institutions Code
Section 6600, et seq.)
Existing law 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/she will engage in sexually violent criminal behavior."
(Welfare and Institutions Code Section 6600, subd. (a).)
Existing law 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." (Welfare and Institutions Code Section
6600, subd. (c).)
Existing law provides that where, pursuant to a screening
process by the Department of Corrections and Rehabilitation
or Board (CDCR) of Parole Hearings, an inmate fits the
criteria for evaluation as an SVP, and the inmate shall be
referred for evaluation to the Department of Mental Health
(DMH). (Welfare and Institutions Code Section 6601, subd.
(b).)
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Existing law 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. (Welfare and Institutions Code
Section 6601, subd. (d) and (h).)
Existing law 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 the inmate is an SVP. (Welfare and
Institutions Code Sections 6601, subd. (i) and 6601.5.)
Existing law provides that where the court finds probable
cause that the person is an 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. (Welfare and Institutions
Code Section 6603.)
Existing law in the Penal Code provides, "The parole period
of any person found to be a sexually violent predator shall
be tolled until that person is found to no longer be a
sexually violent predator, at which time the period of
parole, or any remaining portion thereof, shall begin to
run." (Penal Code Section 3000, subd. (a)(4)a.)
Existing law in the Welfare and Institutions Code provides,
"(k) If the person is otherwise subject to parole, a
finding or placement made pursuant to this article shall
toll the term of parole pursuant to �Section 3000 of the
Penal Code]" (Welfare and Institutions Code Section 6601,
subd. (k).)
This bill 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
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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 CDCR until the judge enters the order
unconditionally discharging that person.
2.If the person is not committed to the DMH 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 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.
AB 117 (Assembly Budget Committee), 2011-12 Session, which
has been chaptered but is not yet operative, to become
operative if both this bill and AB 117 become operative.
This bill is double jointed with AB 117 (Assembly Budget
Committee).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Increased parole Unknown;
likely significant costs; General
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supervision annual costs ranging from $25 to
$25 to $250, beginning 2016-17
SUPPORT : (Verified 5/31/11)
Los Angeles County District Attorney (source)
California Coalition Against Sexual Assault
California District Attorneys Association
California State Sheriffs' Association
OPPOSITION : (Verified 5/31/11)
California Public Defenders Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill closes a loophole in California law to ensure
that current sex offenders serve their court-ordered parole
time, after their release from state hospitals into
society. The period immediately following release from
incarceration and a state hospital is critical to
successful reintegration of the offender into society.
Public protection requires the state to effectively
supervision and monitor parolees, including the judicious
revocation actions, and to provide educational, vocational,
and counseling necessary to assist parolees in the
transition between imprisonment and discharge.
Under current law, sex offenders who have completed their
prison sentence must be evaluated by California's Sexually
Violent Predator Review Program under the jurisdiction of
the DMH. If a SVP petition is filed, the respondent
remains in a state hospital until the proceedings are
complete and it is determined whether or not the offender
is fit for release into society.
Given an inconsistency in California law, the parole time
(three to five years) for a sex offender who meets the SVP
criteria and has now become a respondent in an SVP
proceeding, does not stop (toll) immediate upon his
"release" from prison, but continues while the offender is
still confined in a state hospital until he has had a SVP
trial or his case is dismissed by the court. Because many
of these proceedings are subject to delay, offenders can
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literally "run out the clock" on their parole sentence
(from three to five years) and have little or no remaining
parole time after release into the community.
Sexually violent predators are among the most dangerous
groups of offenders. As an SVP must have been convicted of
and imprisoned for a forcible sex crime (usually more than
one and almost always violent) and two psychiatrists must
have found that the individual has a mental condition that
makes it likely that this person will commit a similar
offense in the future. We create a great risk to public
safety to release these individuals from custody without
parole supervision.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association argues that, "We are opposed to this measure
because implementation will waste scarce parole resources
on the least dangerous of sex offenders-those who have been
found to be SVPs. Further, the bill will ensure that sex
offenders who are not found to be SVPs will be caught up in
repeated technical parole violations leading to more SVP
evaluations and repeated SVP proceedings. We fear that the
bill will have the unintended consequence of preventing
SVPs from successfully reintegrating into society. We are
concerned that this bill gives CDCR yet another chance to
violate the person for perhaps a non-criminal violation and
put them back in prison to face a new round of SVP
proceedings. This proposed legislation strips sex
offenders of any hope of rehabilitation."
ASSEMBLY FLOOR : 78-0, 09/07/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
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Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Furutani, Gorell
RJG:do 9/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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