AB 768, as amended, Achadjian. Sexually violent predators: conditional release.
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. Existing law authorizes the conditional release of a sexually violent predator under specified circumstances.begin insert Existing law requires that a person who is conditionally released must be released to his or her county of domicile unless extraordinary circumstances, as defined, are present.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 prohibit a sexually violent predator who has been granted conditional release from being released as a transient in anybegin delete county.end deletebegin insert county or being placed in housing that consists of a recreational or other vehicle. The bill would also declare that extraordinary circumstances justifying the placement of a person who has been granted conditional release in a county other than his or her county of domicile are present when housing, as
specified, cannot be located within the county of domicile within 180 days of a court ordering that the person be conditionally released.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6608.5 of the Welfare and Institutions
2Code is amended to read:
(a) A person who is conditionally released pursuant
4to this article shall be placed in the county of the domicile of the
5person prior to the person’s incarceration, unless the court finds
6that extraordinary circumstances require placement outside the
7county of domicile. Under no circumstances shall a person who
8is granted conditional release be released as a transient in any
9begin deletecounty.end deletebegin insert county or end insertbegin insertplaced in housing that consists of a recreational
10or other vehicle.end insert
11(b) (1) For the purposes of this section, “county of domicile”
12means the county where the person has his or her true, fixed, and
13permanent home and principal residence and to which he or she
14has manifested the intention of returning whenever he or she is
15absent. For the purposes of determining the county of domicile,
16the court may consider information found on a California driver’s
17license, California identification card, recent rent or utility receipt,
18printed personalized checks or other recent banking documents
19showing that person’s name and address, or information contained
20in an arrest record, probation officer’s report, trial transcript, or
21other court document. If no information can be identified or
22verified, the county of domicile of the individual shall be
23considered to be the county in which the person was
arrested for
24the crime for which he or she was last incarcerated in the state
25prison or from which he or she was last returned from parole.
26(2) In a case where the person committed a crime while being
27held for treatment in a state hospital, or while being confined in a
28state prison or local jail facility, the county wherein that facility
P3 1
was located shall not be considered the county of domicile unless
2the person resided in that county prior to being housed in the
3hospital, prison, or jail.
4(c) For the purposes of this section, “extraordinary
5circumstances” means circumstances that would inordinately limit
6the department’s ability to effect conditional release of the person
7in the county of domicile in accordance with Section 6608 or any
8other provision of this article, and the procedures described in
9Sections 1605 to 1610, inclusive, of the Penal Code.begin insert Extraordinary
10circumstances shall be deemed present when fixed, permanent
11housing that does not consist of a recreational or other vehicle
12cannot be located within the county of domicile within 180 days
13of a court ordering that the person be conditionally released.end insert
14(d) The county of domicile shall designate a county agency or
15program that will provide assistance and consultation in the process
16of locating and securing housing within the county for persons
17committed as sexually violent predators who are about to be
18conditionally released under Section 6608. Upon notification by
19the department of a person’s potential or expected conditional
20release under Section 6608, the county of domicile shall notify the
21department of the name of the designated agency or program, at
22least 60 days before the date of the potential or expected release.
23(e) In recommending a specific placement for community
24outpatient treatment, the department or its designee shall consider
25all of the following:
26(1) The concerns and proximity of the victim or the victim’s
27next of kin.
28(2) The age and profile of the victim or victims in the sexually
29violent offenses committed by the person subject to placement.
30For purposes of this subdivision, the “profile” of a victim includes,
31but is not limited to, gender, physical appearance, economic
32background, profession, and other social or personal characteristics.
33(f) Notwithstanding any other provision of law, a person released
34under this section shall not be placed within one-quarter mile of
35any public or private school providing instruction in kindergarten
36or any of grades 1 to 12, inclusive, if either of the following
37conditions exist:
38(1) The person has previously been
convicted of a violation of
39Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
40subdivision (c) of Section 288 of, the Penal Code.
P4 1(2) The court finds that the person has a history of improper
2sexual conduct with children.
O
97