California Legislature—2013–14 Regular Session

Assembly Bill No. 768

Introduced by Assembly Member Achadjian

February 21, 2013

An act to amend Section 6600 of the Welfare and Institutions Code, relating to sexually violent predators.

LEGISLATIVE COUNSEL’S DIGEST

AB 768, as introduced, Achadjian. Sexually violent predators: civil commitment.

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, either by a 2⁄3 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 6600 of the Welfare and Institutions Code
is amended to read:

6600.  

As used in this article, the following terms have the
following meanings:

(a) (1) “Sexually violent predator” means a person 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.

(2) For purposes of this subdivision any of the following shall
be considered a conviction for a sexually violent offense:

(A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).

(B) A conviction for an offense described in subdivision (b)
that was committed prior to July 1, 1977, and that resulted in an
indeterminate prison sentence.

(C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).

(D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).

(E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).

(F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).

(G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.

(H) A prior conviction for an offense described in subdivision
(b) for which the person was committed to the Department of begin delete the
Youth Authority end delete begin insert Corrections and Rehabilitation, Division of
Juvenile Facilities, end insert pursuant to Section 1731.5.

(I) A prior conviction for an offense described in subdivision
(b) that resulted in an indeterminate prison sentence.

(3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination. The existence of begin delete any end delete
prior convictions may be shown with documentary evidence. The
details underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of
begin delete Mental Health end delete begin insert State Hospitals end insert . Jurors shall be admonished that
they may not find a person begin insert to be end insert a sexually violent predator based
on prior offenses absent relevant evidence of a currently 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.

(4) The provisions of this section shall apply to begin delete any end delete begin insert a end insert person
against whom proceedings were initiated for commitment as a
sexually violent predator on or after January 1, 1996.

(b) “Sexually violent offense” means the following acts when
committed by force, violence, duress, menace, fear of immediate
and unlawful bodily injury on the victim or another person, or
threatening to retaliate in the future against the victim or any other
person, and that are committed on, before, or after the effective
date of this article and result in a conviction or a finding of not
guilty by reason of insanity, as defined in subdivision (a): a felony
violation of Section 261, 262, 264.1, 269, 286, 288, 288a, 288.5,
or 289 of the Penal Code, or begin delete any end delete begin insert a end insert felony violation of Section 207,
209, or 220 of the Penal Code, committed with the intent to commit
a violation of Section 261, 262, 264.1, 286, 288, 288a, or 289 of
the Penal Code.

(c) “Diagnosed mental disorder” 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.

(d) “Danger to the health and safety of others” does not require
proof of a recent overt act while the offender is in custody.

(e) “Predatory” means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial
relationship exists, or an individual with whom a relationship has
been established or promoted for the primary purpose of
victimization.

(f) “Recent overt act” means begin delete any end delete begin insert a end insert criminal act that manifests
a likelihood that the actor may engage in sexually violent predatory
criminal behavior.

(g) Notwithstanding any other begin delete provision of end delete law and for purposes
of this section, a prior juvenile adjudication of a sexually violent
offense may constitute a prior conviction for which the person
received a determinate term if all of the following apply:

(1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.

(2) The prior offense is a sexually violent offense as specified
in subdivision (b).

(3) The juvenile was adjudged a ward of the juvenile court
within the meaning of Section 602 because of the person’s
commission of the offense giving rise to the juvenile court
adjudication.

(4) The juvenile was committed to the Department of begin delete the Youth
Authority end delete begin insert Corrections and Rehabilitation, Division of Juvenile
Facilities, end insert for the sexually violent offense.

(h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be entitled
to specific treatment as a sexual offender. The failure of a minor
to receive that treatment shall not constitute a defense or bar to a
determination that begin delete any end delete begin insert a end insert person is a sexually violent predator within
the meaning of this article.