Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 768

Introduced by Assembly Member Achadjian

February 21, 2013

An act to amend Section begin delete 6600 end delete begin insert 6608.5 end insert of the Welfare and Institutions Code, relating to sexually violent predators.

LEGISLATIVE COUNSEL’S DIGEST

AB 768, as amended, Achadjian. Sexually violent predators: begin delete civil commitment. end delete begin insert conditional release. end insert

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. begin insert Existing law authorizes the conditional release of a sexually violent predator under specified circumstances. end insert 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 begin delete make technical, nonsubstantive changes to these provisions end delete begin insert prohibit a sexually violent predator who has been granted conditional release from being released as a transient in any county end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 6608.5 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

6608.5.  

(a) A person who is conditionally released pursuant
to this article shall be placed in the county of the domicile of the
person prior to the person’s incarceration, unless the court finds
that extraordinary circumstances require placement outside the
county of domicile. begin insert Under no circumstances shall a person who
is granted conditional release be released as a transient in any
county. end insert

(b) (1) For the purposes of this section, “county of domicile”
means the county where the person has his or her true, fixed, and
permanent home and principal residence and to which he or she
has manifested the intention of returning whenever he or she is
absent. For the purposes of determining the county of domicile,
the court may consider information found on a California driver’s
license, California identification card, recent rent or utility receipt,
printed personalized checks or other recent banking documents
showing that person’s name and address, or information contained
in an arrest record, probation officer’s report, trial transcript, or
other court document. If no information can be identified or
verified, the county of domicile of the individual shall be
considered to be the county in which the person was arrested for
the crime for which he or she was last incarcerated in the state
prison or from which he or she was last returned from parole.

(2) In a case where the person committed a crime while being
held for treatment in a state hospital, or while being confined in a
state prison or local jail facility, the county wherein that facility
was located shall not be considered the county of domicile unless
the person resided in that county prior to being housed in the
hospital, prison, or jail.

(c) For the purposes of this section, “extraordinary
circumstances” means circumstances that would inordinately limit
the department’s ability to effect conditional release of the person
in the county of domicile in accordance with Section 6608 or any
other provision of this article, and the procedures described in
Sections 1605 to 1610, inclusive, of the Penal Code.

(d) The county of domicile shall designate a county agency or
program that will provide assistance and consultation in the process
of locating and securing housing within the county for persons
committed as sexually violent predators who are about to be
conditionally released under Section 6608. Upon notification by
the department of a person’s potential or expected conditional
release under Section 6608, the county of domicile shall notify the
department of the name of the designated agency or program, at
least 60 days before the date of the potential or expected release.

(e) In recommending a specific placement for community
outpatient treatment, the department or its designee shall consider
all of the following:

(1) The concerns and proximity of the victim or the victim’s
next of kin.

(2) The age and profile of the victim or victims in the sexually
violent offenses committed by the person subject to placement.
For purposes of this subdivision, the “profile” of a victim includes,
but is not limited to, gender, physical appearance, economic
background, profession, and other social or personal characteristics.

(f) Notwithstanding any other provision of law, a person released
under this section shall not be placed within one-quarter mile of
any public or private school providing instruction in kindergarten
or any of grades 1 to 12, inclusive, if either of the following
conditions exist:

(1) The person has previously been convicted of a violation of
Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 of, the Penal Code.

(2) The court finds that the person has a history of improper
sexual conduct with children.

begin delete

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
Corrections and Rehabilitation, Division of Juvenile Facilities,
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 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
State Hospitals. Jurors shall be admonished that they may not find
a person to be 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 a 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 a 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 a criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.

(g) Notwithstanding any other 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
Corrections and Rehabilitation, Division of Juvenile Facilities, 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 a person is a sexually violent predator within
the meaning of this article.

end delete