AB 1607, as introduced, Fox. Sexually violent predators.
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 requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of State Hospitals when the secretary determines that the person may be a sexually violent predator and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. Existing law establishes provisions by which a committed person may petition for conditional release. Existing law requires the court, if it decides a petition for conditional release is not frivolous, to give notice, as specified, at least 30 court days prior to the hearing date for the petition.
This bill would instead require the court to give notice of the petition hearing at least 35 court days prior to the hearing date.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 6608 of the Welfare and Institutions Code
2 is amended to read:
(a) A person who has been committed as a sexually
4violent predatorbegin delete shall be permitted toend deletebegin insert mayend insert petition the court for
5conditional release with or without the recommendation or
6concurrence of the Director of State Hospitals. If a person has
7previously filed a petition for conditional release without the
8concurrence of the director and the court determined, either upon
9review of the petition or following a hearing, that the petition was
10frivolous or that the committed person’s condition had not so
11changed that he or she would not be a danger to others in that it is
12not likely that he or she will engage in sexually violent criminal
13behavior if
placed under supervision and treatment in the
14community,begin delete thenend delete the court shall deny the subsequent petition unless
15it contains facts upon which a court could find that the condition
16of the committed person had so changed that a hearing was
17warranted. Upon receipt of a first or subsequent petition from a
18committed person without the concurrence of the director, the
19court shall endeavor whenever possible to review the petition and
20determine if it is based upon frivolous grounds and, if so, shall
21deny the petition without a hearing. The person petitioning for
22conditional release under this subdivision shall be entitled to
23assistance of counsel. The person petitioning for conditional release
24shall serve a copy of the petition on the State Department of State
25Hospitals at the time the petition is filed with the court.
26(b) If the court deems the petition not frivolous
pursuant to
27subdivision (a), the court shall give notice of the hearing date to
28the attorney designated in subdivision (i) of Section 6601, the
29retained or appointed attorney for the committed person, and the
30Director of State Hospitals at leastbegin delete 30end deletebegin insert
35end insert court days before the
31hearing date.
32(c) If the petition for conditional release is made without the
33consent of the director of the treatment facility, no action shall be
34taken on the petition by the court without first obtaining the written
35recommendation of the director of the treatment facility.
36(d) No hearing upon the petition shall be held until the person
37who is committed has been under commitment for confinement
38and care in a facility designated by the Director of State Hospitals
P3 1for not less than one year from the date of the order of commitment.
2No hearing upon the petition shall be held until the community
3program director designated by the State Department of State
4Hospitals submits a report to the court that makes a
5recommendation as to the appropriateness of placing the person
6in a state-operated forensic conditional release
program.
7(e) The court shall hold a hearing to determine whether the
8person committed would be a danger to the health and safety of
9others in that it is likely that he or she will engage in sexually
10violent criminal behavior due to his or her diagnosed mental
11disorder if under supervision and treatment in the community. The
12attorney designated pursuant to subdivision (i) of Section 6601
13shall represent the state and shall have the committed person
14evaluated by experts chosen by the state. The committed person
15shall have the right to the appointment of experts, if he or she so
16requests. If the court at the hearing determines that the committed
17person would not be a danger to others due to his or her diagnosed
18mental disorder while under supervision and treatment in the
19community, the court shall order the committed person placed with
20an appropriate forensic conditional release program operated by
21the state for one year. A substantial portion of
the state-operated
22forensic conditional release program shall include outpatient
23supervision and treatment. The court shall retain jurisdiction of
24the person throughout the course of the program.
25(f) Before placing a committed person in a state-operated
26forensic conditional release program, the community program
27director designated by the State Department of State Hospitals
28shall submit a written recommendation to the court stating which
29forensic conditional release program is most appropriate for
30supervising and treating the committed person. If the court does
31not accept the community program director’s recommendation,
32the court shall specify the reason or reasons for its order on the
33record. The procedures described in Sections 1605 to 1610,
34inclusive, of the Penal Code shall apply to the person placed in
35the forensic conditional release program.
36(g) If the court determines that
the person should be transferred
37to a state-operated forensic conditional release program, the
38community program director, or his or her designee, shall make
39the necessary placement arrangements and, within 30 days after
40receiving notice of the court’s finding, the person shall be placed
P4 1in the community in accordance with the treatment and supervision
2plan unless good cause for not doing so is presented to the court.
3(h) If the court denies the petition to place the person in an
4appropriate forensic conditional release program, the person may
5not file a new application until one year has elapsed from the date
6of the denial.
7(i) In a hearing authorized by this section, the committed person
8shall have the burden of proof by a preponderance of the evidence,
9unless the report required by Section 6604.9 determines that
10conditional release to a less restrictive alternative is in the
best
11interest of the person and that conditions can be imposed that would
12adequately protect the community, in which case the burden of
13proof shall be on the state to show, by a preponderance of the
14evidence, that conditional release is not appropriate.
15(j) Time spent in a conditional release program pursuant to this
16section shall not count toward the term of commitment under this
17article unless the person is confined in a locked facility by the
18conditional release program, in which case the time spent in a
19locked facility shall count toward the term of commitment.
20(k) After a minimum of one year on conditional release, the
21committed person, with or without the recommendation or
22concurrence of the Director of State Hospitals, may petition the
23court for unconditional discharge. The court shall use the
24procedures described in subdivisions (a) and (b) of Section 6605
25to determine if
the person should be unconditionally discharged
26from commitment on the basis that, by reason of a diagnosed
27mental disorder, he or she is no longer a danger to the health and
28safety of others in that it is not likely that he or she will engage in
29sexually violent criminal behavior.
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