AB 1607, as amended, 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. Existing law requires a person who is conditionally released pursuant these provisions to 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.
This bill wouldbegin insert, commencing January 1, 2016,end insert recast these provisions to require the court, if it determines that the petition is not frivolous, to give notice of the court’s intention to conduct a conditional release hearing. The bill would require the person petitioning for conditional release, the Director of State Hospitals, and the designated attorney of the county of commitment to notify the court within 30 court days of receipt of this notice if it appears that a county other than the county of commitment may be the county of domicile. The bill would provide that the court’s determination of the county of domicile would govern the current petition for conditional release, and would apply to any subsequent petitions for conditional release. The bill would require that after determining the county of domicile, the court set a date for the conditional release hearing and provide notice, as specified. The bill would authorize the designated attorney for the county of domicile and the designated attorney for the county of commitment, as defined, to mutually agree that the designated attorney for the county of domicile will represent the state at the conditional release hearing if the county of domicile is different than the county of commitment. If the designated attorneys do not make that agreement, the bill would provide that the designated attorney for the county of commitment will represent the state at the conditional release hearing, as specified. The bill would provide that if the committed person has been conditionally released in a county other than the county of commitment, the jurisdiction of the person would, upon request of the designated attorney of the county of placement, be transferred to the court of the county of placement. The bill would additionally require that a person who is conditionally released pursuantbegin insert toend insert these provisions be placed in the county of the domicile of the person prior to the person’s incarceration, unless the designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, as specified.
By imposing additional duties on counties in regard to conditional releases of committed persons, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
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 predator shall be permitted to 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, the court shall deny the subsequent petition unless it
15contains
facts upon which a court could find that the condition of
16the committed person had so changed that a hearing was warranted.
17Upon receipt of a first or subsequent petition from a committed
18person without the concurrence of the director, the court shall
19endeavor whenever possible to review the petition and determine
20if it is based upon frivolous grounds and, if so, shall deny the
21petition without a hearing. The person petitioning for conditional
22release under this subdivision shall be entitled to assistance of
23counsel in all hearings under this section. The person petitioning
24for conditional release shall serve a copy of the petition on the
25State Department of State Hospitals at the time the petition is filed
26with the court.
27(b) The procedure for a conditional release hearing in a case
28where the county of domicile has not yet been determined
shall
29be as follows:
30(1) If the court deems the petition not frivolous pursuant to
31subdivision (a), the court shall give notice to the attorney
P4 1designated in subdivision (i) of Section 6601, the retained or
2appointed attorney for the committed person, and the Director of
3State Hospitals of its intention to set a conditional release hearing.
4The person petitioning for conditional release, the Director of State
5Hospitals, and the designated attorney of the county of commitment
6shall notify the court within 30 court days of receipt of this notice
7if it appears that a county other than the county of commitment
8may be the county of domicile.
9(2) If no county other than the county of commitment appears
10to be the county of domicile, the court shall determine, consistent
11with
Section 6608.5, that the county of commitment is the county
12of domicile.
13(3) If it appears or there are allegations that one or more
14counties, other than the county of commitment, may be the county
15of domicile, the court shall set a hearing to determine the county
16of domicile, consistent with the provisions of Section 6608.5. The
17court shall, at least 30 court days prior to the hearing, give notice
18of the domicile hearing to the persons listed in paragraph (1) and
19to the designated attorney for any county that is alleged to be the
20county of domicile. Persons listed in this paragraph and paragraph
21(1) may, at least 10 court days prior to the hearing, file and serve
22declarations, documentary evidence, and other pleadings, that are
23specific only to the issue of domicile. The court may, consistent
24with Section 6608.5, decide the issue of
domicile solely on the
25pleadings, or additionally permit, in the interests of justice,
26argument and testimony.
27(4) After determining the county of domicile pursuant to
28paragraph (2) or (3), the court shall set a date for a conditional
29release hearing and shall give notice of the hearing at least 30 court
30days before the hearing to the persons described in paragraph (1)
31and the designated attorney for the county of domicile.
32(5) (A) If the county of domicile is different than the county
33of commitment, the designated attorney for the county of domicile
34and the designated attorney for the county of commitment may
35mutually agree that the designated attorney for the county of
36domicile will represent the state at the conditional release hearing.
37If the designated
attorneys do not make this agreement, the
38designated attorney for the county of commitment will represent
39the state at the conditional release hearing.
P5 1(B) At least 20 court days before the conditional release hearing,
2the designated attorney for the county of commitment shall give
3notice to the parties listed in paragraph (1) and to the court whether
4the state will be represented by the designated attorney of the
5county of domicile or the designated attorney of the county of
6commitment.
7(C) The designated attorney for the county of domicile and the
8designated attorney for the county of commitment should cooperate
9with each other to ensure that all relevant evidence is submitted
10on behalf of the state. No attorney other than the designated
11attorney for the county representing
the state shall appear on behalf
12of the state at the conditional release hearing.
13(6) The court’s determination of a county of domicile shall
14
govern the current and any subsequent petition for conditional
15release under this section.
16(7) For the purpose of this subdivision, the term “county of
17domicile” shall have the same meaning as defined in Section
186608.5.
19(8) For purposes of this section, the term “designated attorney
20of the county of commitment” means the attorney designated in
21subdivision (i) of Section 6601 in the county of commitment.
22(9) For purposes of this section, the term “designated attorney
23for the county of domicile” means the attorney designated in
24subdivision (i) of Section 6601 in the county of domicile.
25(c) The proceedings for a conditional release
hearing in a case
26where the court has previously determined the county of domicile
27shall be as follows:
28(1) If the court determines, pursuant to subdivision (a), that the
29petition is not frivolous, the court shall give notice of the hearing
30date at least 30 days prior to the hearing to the designated attorneys
31for the county of domicile and the county of commitment, the
32retained or appointed attorney for the petitioner, and the Director
33of State Hospitals.
34(2) Representation of the state at the conditional release hearing
35shall be pursuant to paragraph (5) of subdivision (b).
36(d) (1) If a committed person has been conditionally released
37by a court to a county other than the county of domicile, and the
38jurisdiction
of the person has been transferred to that county,
39pursuant to subdivision (g) of Section 6608.5, the notice specified
40in paragraph (1) of subdivision (c) shall be given to the designated
P6 1attorney of the county of placement who shall represent the state
2in any further proceedings.
3(2) The term “county of placement” means the county where
4the court has placed a person who is granted conditional release.
5(e) If the petition for conditional release is made without the
6consent of the director of the treatment facility, no action shall be
7taken on the petition by the court without first obtaining the written
8recommendation of the director of the treatment facility.
9(f) A hearing upon the petition shall not be held until the person
10who
is committed has been under commitment for confinement
11and care in a facility designated by the Director of State Hospitals
12for not less than one year from the date of the order of commitment.
13A hearing upon the petition shall not be held until the community
14program director designated by the State Department of State
15Hospitals submits a report to the court that makes a
16recommendation as to the appropriateness of placing the person
17in a state-operated forensic conditional release program.
18(g) The court shall hold a hearing to determine whether the
19person committed would be a danger to the health and safety of
20others in that it is likely that he or she will engage in sexually
21violent criminal behavior due to his or her diagnosed mental
22disorder if under supervision and treatment in the community. The
23attorney designated pursuant to paragraph
(5) of subdivision (b)
24shall represent the state and shall have the committed person
25evaluated by experts chosen by the state. The committed person
26shall have the right to the appointment of experts, if he or she so
27requests. If the court at the hearing determines that the committed
28person would not be a danger to others due to his or her diagnosed
29mental disorder while under supervision and treatment in the
30community, the court shall order the committed person placed with
31an appropriate forensic conditional release program operated by
32the state for one year. A substantial portion of the state-operated
33forensic conditional release program shall include outpatient
34supervision and treatment. The court shall retain jurisdiction of
35the person throughout the course of the program, except as
36provided in subdivision (g) of Section 6608.5.
37(h) Before placing a committed person in a state-operated
38forensic conditional release program, the community program
39director designated by the State Department of State Hospitals
40shall submit a written recommendation to the court stating which
P7 1forensic conditional release program is most appropriate for
2supervising and treating the committed person. If the court does
3not accept the community program director’s recommendation,
4the court shall specify the reason or reasons for its order on the
5record. The procedures described in Sections 1605 to 1610,
6inclusive, of the Penal Code shall apply to the person placed in
7the forensic conditional release program.
8(i) If the court determines that the person should be transferred
9to a state-operated forensic conditional release program, the
10
community program director, or his or her designee, shall make
11the necessary placement arrangements and, within 30 days after
12receiving notice of the court’s finding, the person shall be placed
13in the community in accordance with the treatment and supervision
14plan unless good cause for not doing so is presented to the court.
15(j) If the court denies the petition to place the person in an
16appropriate forensic conditional release program, the person may
17not file a new application until one year has elapsed from the date
18of the denial.
19(k) In a hearing authorized by this section, the committed person
20shall have the burden of proof by a preponderance of the evidence,
21unless the report required by Section 6604.9 determines that
22conditional release to a less restrictive
alternative is in the best
23interest of the person and that conditions can be imposed that would
24adequately protect the community, in which case the burden of
25proof shall be on the state to show, by a preponderance of the
26evidence, that conditional release is not appropriate.
27(l) Time spent in a conditional release program pursuant to this
28section shall not count toward the term of commitment under this
29article unless the person is confined in a locked facility by the
30conditional release program, in which case the time spent in a
31locked facility shall count toward the term of commitment.
32(m) After a minimum of one year on conditional release, the
33committed person, with or without the recommendation or
34concurrence of the Director of State Hospitals, may petition the
35court for
unconditional discharge. The court shall use the
36procedures described in subdivisions (a) and (b) of Section 6605
37to determine if the person should be unconditionally discharged
38from commitment on the basis that, by reason of a diagnosed
39mental disorder, he or she is no longer a danger to the health and
P8 1safety of others in that it is not likely that he or she will engage in
2sexually violent criminal behavior.
Section 6608.5 of the Welfare and Institutions Code
4 is amended to read:
(a) A person who is conditionally released pursuant
6to this article shall be placed in the county of the domicile of the
7person prior to the person’s incarceration, unless both of the
8following conditions are satisfied:
9(1) The court finds that extraordinary circumstances require
10placement outside the county of domicile.
11(2) The designated county of placement was given prior notice
12and an opportunity to comment on the proposed placement of the
13committed person in the county, according to procedures set forth
14in Section 6609.1.
15(b) (1) For the purposes of this section, “county of domicile”
16means the county where the person has his or her true, fixed, and
17permanent home and principal residence and to which he or she
18has manifested the intention of returning whenever he or she is
19absent. For the purposes of determining the county of domicile,
20the court may consider information found on a California driver’s
21license, California identification card, recent rent or utility receipt,
22printed personalized checks or other recent banking documents
23showing that person’s name and address, or information contained
24in an arrest record, probation officer’s report, trial transcript, or
25other court document. If no information can be identified or
26verified, the county of domicile of the individual shall be
27considered to be the county in which the person was arrested for
28the crime for which he or she was last
incarcerated in the state
29prison or from which he or she was last returned from parole.
30(2) In a case where the person committed a crime while being
31held for treatment in a state hospital, or while being confined in a
32state prison or local jail facility, the county wherein that facility
33was located shall not be considered the county of domicile unless
34the person resided in that county prior to being housed in the
35hospital, prison, or jail.
36(c) For the purposes of this section, “extraordinary
37circumstances” means circumstances that would inordinately limit
38the department’s ability to effect conditional release of the person
39in the county of domicile in accordance with Section 6608 or any
P9 1other provision of this article, and the procedures described in
2Sections 1605 to 1610, inclusive,
of the Penal Code.
3(d) The county of domicile shall designate a county agency or
4program that will provide assistance and consultation in the process
5of locating and securing housing within the county for persons
6committed as sexually violent predators who are about to be
7conditionally released under Section 6608. Upon notification by
8the department of a person’s potential or expected conditional
9release under Section 6608, the county of domicile shall notify the
10department of the name of the designated agency or program, at
11least 60 days before the date of the potential or expected release.
12(e) In recommending a specific placement for community
13outpatient treatment, the department or its designee shall consider
14all of the following:
15(1) The concerns and proximity of the victim or the victim’s
16next of kin.
17(2) The age and profile of the victim or victims in the sexually
18violent offenses committed by the person subject to placement.
19For purposes of this subdivision, the “profile” of a victim includes,
20but is not limited to, gender, physical appearance, economic
21background, profession, and other social or personal characteristics.
22(f) Notwithstanding any other provision of law, a person released
23under this section shall not be placed within one-quarter mile of
24any public or private school providing instruction in kindergarten
25or any of grades 1 to 12, inclusive, if either of the following
26conditions exist:
27(1) The person has
previously been convicted of a violation of
28
Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
29subdivision (c) of Section 288 of, the Penal Code.
30(2) The court finds that the person has a history of improper
31sexual conduct with children.
32(g) If the committed person has been conditionally released in
33a county other than the county of commitment, the jurisdiction of
34the person shall, upon request of the designated attorney of the
35county of placement, be transferred to the court of the county of
36placement.
begin insertSection 6608 of the end insertbegin insertWelfare and Institutions Codeend insert
38begin insert is amended to read:end insert
(a) A person who has been committed as a sexually
40violent predator shall be permitted to petition the court for
P10 1conditional release with or without the recommendation or
2concurrence of the Director of State Hospitals. If a person has
3previously filed a petition for conditional release without the
4concurrence of the director and the court determined, either upon
5review of the petition or following a hearing, that the petition was
6frivolous or that the committed person’s condition had not so
7changed that he or she would not be a danger to others in that it is
8not likely that he or she will engage in sexually violent criminal
9behavior if placed under supervision and treatment in the
10community, then the court shall deny the subsequent petition unless
11it contains facts upon which a court could find that the condition
12of the
committed person had so changed that a hearing was
13warranted. Upon receipt of a first or subsequent petition from a
14committed person without the concurrence of the director, the
15court shall endeavor whenever possible to review the petition and
16determine if it is based upon frivolous grounds and, if so, shall
17deny the petition without a hearing. The person petitioning for
18conditional release under this subdivision shall be entitled to
19assistance of counsel. The person petitioning for conditional release
20shall serve a copy of the petition on the State Department of State
21Hospitals at the time the petition is filed with the court.
22(b) If the court deems the petition not frivolous pursuant to
23subdivision (a), the court shall give notice of the hearing date to
24the attorney designated in subdivision (i) of Section 6601, the
25retained or appointed attorney for the committed person, and the
26Director of State Hospitals at least 30 court days before the
hearing
27date.
28(c) If the petition for conditional release is made without the
29consent of the director of the treatment facility, no action shall be
30taken on the petition by the court without first obtaining the written
31recommendation of the director of the treatment facility.
32(d) No hearing upon the petition shall be held until the person
33who is committed has been under commitment for confinement
34and care in a facility designated by the Director of State Hospitals
35for not less than one year from the date of the order of commitment.
36No hearing upon the petition shall be held until the community
37program director designated by the State Department of State
38Hospitals submits a report to the court that makes a
39recommendation as to the appropriateness of placing the person
40in a state-operated forensic conditional release program.
P11 1(e) The court shall hold a hearing to determine whether the
2person committed would be a danger to the health and safety of
3others in that it is likely that he or she will engage in sexually
4violent criminal behavior due to his or her diagnosed mental
5disorder if under supervision and treatment in the community. The
6attorney designated pursuant to subdivision (i) of Section 6601
7shall represent the state and shall have the committed person
8evaluated by experts chosen by the state. The committed person
9shall have the right to the appointment of experts, if he or she so
10requests. If the court at the hearing determines that the committed
11person would not be a danger to others due to his or her diagnosed
12mental disorder while under supervision and treatment in the
13community, the court shall order the committed person placed with
14an appropriate forensic conditional release program operated by
15the state for one year. A substantial portion of the
state-operated
16forensic conditional release program shall include outpatient
17supervision and treatment. The court shall retain jurisdiction of
18the person throughout the course of the program.
19(f) Before placing a committed person in a state-operated
20forensic conditional release program, the community program
21director designated by the State Department of State Hospitals
22shall submit a written recommendation to the court stating which
23forensic conditional release program is most appropriate for
24supervising and treating the committed person. If the court does
25not accept the community program director’s recommendation,
26the court shall specify the reason or reasons for its order on the
27record. The procedures described in Sections 1605 to 1610,
28inclusive, of the Penal Code shall apply to the person placed in
29the forensic conditional release program.
30(g) If the court determines that the
person should be transferred
31to a state-operated forensic conditional release program, the
32community program director, or his or her designee, shall make
33the necessary placement arrangements and, within 30 days after
34receiving notice of the court’s finding, the person shall be placed
35in the community in accordance with the treatment and supervision
36plan unless good cause for not doing so is presented to the court.
37(h) If the court denies the petition to place the person in an
38appropriate forensic conditional release program, the person may
39not file a new application until one year has elapsed from the date
40of the denial.
P12 1(i) In a hearing authorized by this section, the committed person
2shall have the burden of proof by a preponderance of the evidence,
3unless the report required by Section 6604.9 determines that
4conditional release to a less restrictive alternative is in the best
5
interest of the person and that conditions can be imposed that would
6adequately protect the community, in which case the burden of
7proof shall be on the state to show, by a preponderance of the
8evidence, that conditional release is not appropriate.
9(j) Time spent in a conditional release program pursuant to this
10section shall not count toward the term of commitment under this
11article unless the person is confined in a locked facility by the
12conditional release program, in which case the time spent in a
13locked facility shall count toward the term of commitment.
14(k) After a minimum of one year on conditional release, the
15committed person, with or without the recommendation or
16concurrence of the Director of State Hospitals, may petition the
17court for unconditional discharge. The court shall use the
18procedures described in subdivisions (a) and (b) of Section 6605
19to determine if the
person should be unconditionally discharged
20from commitment on the basis that, by reason of a diagnosed
21mental disorder, he or she is no longer a danger to the health and
22safety of others in that it is not likely that he or she will engage in
23sexually violent criminal behavior.
24(l) This section shall remain in effect only until January 1, 2016,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 6608 is added to the end insertbegin insertWelfare and Institutions
28Codeend insertbegin insert, to read:end insert
(a) A person who has been committed as a sexually
30violent predator shall be permitted to petition the court for
31conditional release with or without the recommendation or
32concurrence of the Director of State Hospitals. If a person has
33previously filed a petition for conditional release without the
34concurrence of the director and the court determined, either upon
35review of the petition or following a hearing, that the petition was
36frivolous or that the committed person’s condition had not so
37changed that he or she would not be a danger to others in that it
38is not likely that he or she will engage in sexually violent criminal
39behavior if placed under supervision and treatment in the
40community, the court shall deny the subsequent petition unless it
P13 1contains facts upon which a court could find that the condition of
2the committed
person had so changed that a hearing was
3warranted. Upon receipt of a first or subsequent petition from a
4committed person without the concurrence of the director, the
5court shall endeavor whenever possible to review the petition and
6determine if it is based upon frivolous grounds and, if so, shall
7deny the petition without a hearing. The person petitioning for
8conditional release under this subdivision shall be entitled to
9assistance of counsel in all hearings under this section. The person
10petitioning for conditional release shall serve a copy of the petition
11on the State Department of State Hospitals at the time the petition
12is filed with the court.
13(b) The procedure for a conditional release hearing in a case
14where the county of domicile has not yet been determined shall be
15as follows:
16(1) If the court deems the petition not frivolous pursuant to
17subdivision (a), the court
shall give notice to the attorney
18designated in subdivision (i) of Section 6601, the retained or
19appointed attorney for the committed person, and the Director of
20State Hospitals of its intention to set a conditional release hearing.
21The person petitioning for conditional release, the Director of
22State Hospitals, and the designated attorney of the county of
23commitment shall notify the court within 30 court days of receipt
24of this notice if it appears that a county other than the county of
25commitment may be the county of domicile.
26(2) If no county other than the county of commitment appears
27to be the county of domicile, the court shall determine, consistent
28with Section 6608.5, that the county of commitment is the county
29of domicile.
30(3) If it appears or there are allegations that one or more
31counties, other than the county of commitment, may be the county
32of domicile, the court
shall set a hearing to determine the county
33of domicile, consistent with the provisions of Section 6608.5. The
34court shall, at least 30 court days prior to the hearing, give notice
35of the domicile hearing to the persons listed in paragraph (1) and
36to the designated attorney for any county that is alleged to be the
37county of domicile. Persons listed in this paragraph and paragraph
38(1) may, at least 10 court days prior to the hearing, file and serve
39declarations, documentary evidence, and other pleadings, that are
40specific only to the issue of domicile. The court may, consistent
P14 1with Section 6608.5, decide the issue of domicile solely on the
2pleadings, or additionally permit, in the interests of justice,
3argument and testimony.
4(4) After determining the county of domicile pursuant to
5paragraph (2) or (3), the court shall set a date for a conditional
6release hearing and shall give notice of the hearing at least 30
7court days before the hearing to
the persons described in
8paragraph (1) and the designated attorney for the county of
9domicile.
10(5) (A) If the county of domicile is different than the county of
11commitment, the designated attorney for the county of domicile
12and the designated attorney for the county of commitment may
13mutually agree that the designated attorney for the county of
14domicile will represent the state at the conditional release hearing.
15If the designated attorneys do not make this agreement, the
16designated attorney for the county of commitment will represent
17the state at the conditional release hearing.
18(B) At least 20 court days before the conditional release hearing,
19the designated attorney for the county of commitment shall give
20notice to the parties listed in paragraph (1) and to the court
21whether the state will be represented by the designated attorney
22of the county of domicile or the designated
attorney of the county
23of commitment.
24(C) The designated attorney for the county of domicile and the
25designated attorney for the county of commitment should cooperate
26with each other to ensure that all relevant evidence is submitted
27on behalf of the state. No attorney other than the designated
28attorney for the county representing the state shall appear on
29behalf of the state at the conditional release hearing.
30(6) The court’s determination of a county of domicile shall
31govern the current and any subsequent petition for conditional
32release under this section.
33(7) For the purpose of this subdivision, the term “county of
34domicile” shall have the same meaning as defined in Section
356608.5.
36(8) For purposes of this section, the term “designated attorney
37of
the county of commitment” means the attorney designated in
38subdivision (i) of Section 6601 in the county of commitment.
P15 1(9) For purposes of this section, the term “designated attorney
2for the county of domicile” means the attorney designated in
3subdivision (i) of Section 6601 in the county of domicile.
4(c) The proceedings for a conditional release hearing in a case
5where the court has previously determined the county of domicile
6shall be as follows:
7(1) If the court determines, pursuant to subdivision (a), that the
8petition is not frivolous, the court shall give notice of the hearing
9date at least 30 days prior to the hearing to the designated
10attorneys for the county of domicile and the county of commitment,
11the retained or appointed attorney for the petitioner, and the
12Director of State Hospitals.
13(2) Representation of the state at the conditional release hearing
14shall be pursuant to paragraph (5) of subdivision (b).
15(d) (1) If a committed person has been conditionally released
16by a court to a county other than the county of domicile, and the
17jurisdiction of the person has been transferred to that county,
18pursuant to subdivision (g) of Section 6608.5, the notice specified
19in paragraph (1) of subdivision (c) shall be given to the designated
20attorney of the county of placement who shall represent the state
21in any further proceedings.
22(2) The term “county of placement” means the county where
23the court has placed a person who is granted conditional release.
24(e) If the petition for conditional release is made without the
25consent of the director of the
treatment facility, no action shall be
26taken on the petition by the court without first obtaining the written
27recommendation of the director of the treatment facility.
28(f) A hearing upon the petition shall not be held until the person
29who is committed has been under commitment for confinement
30and care in a facility designated by the Director of State Hospitals
31for not less than one year from the date of the order of commitment.
32A hearing upon the petition shall not be held until the community
33program director designated by the State Department of State
34Hospitals submits a report to the court that makes a
35recommendation as to the appropriateness of placing the person
36in a state-operated forensic conditional release program.
37(g) The court shall hold a hearing to determine whether the
38person committed would be a danger to the health and safety of
39others in that it is likely that he
or she will engage in sexually
40violent criminal behavior due to his or her diagnosed mental
P16 1disorder if under supervision and treatment in the community. The
2attorney designated pursuant to paragraph (5) of subdivision (b)
3shall represent the state and shall have the committed person
4evaluated by experts chosen by the state. The committed person
5shall have the right to the appointment of experts, if he or she so
6requests. If the court at the hearing determines that the committed
7person would not be a danger to others due to his or her diagnosed
8mental disorder while under supervision and treatment in the
9community, the court shall order the committed person placed
10with an appropriate forensic conditional release program operated
11by the state for one year. A substantial portion of the state-operated
12forensic conditional release program shall include outpatient
13supervision and treatment. The court shall retain jurisdiction of
14the person throughout the course of the program, except as
15provided in subdivision
(g) of Section 6608.5.
16(h) Before placing a committed person in a state-operated
17forensic conditional release program, the community program
18director designated by the State Department of State Hospitals
19shall submit a written recommendation to the court stating which
20forensic conditional release program is most appropriate for
21supervising and treating the committed person. If the court does
22not accept the community program director’s recommendation,
23the court shall specify the reason or reasons for its order on the
24record. The procedures described in Sections 1605 to 1610,
25inclusive, of the Penal Code shall apply to the person placed in
26the forensic conditional release program.
27(i) If the court determines that the person should be transferred
28to a state-operated forensic conditional release program, the
29community program director, or his or her designee, shall make
30the necessary
placement arrangements and, within 30 days after
31receiving notice of the court’s finding, the person shall be placed
32in the community in accordance with the treatment and supervision
33plan unless good cause for not doing so is presented to the court.
34(j) If the court denies the petition to place the person in an
35appropriate forensic conditional release program, the person may
36not file a new application until one year has elapsed from the date
37of the denial.
38(k) In a hearing authorized by this section, the committed person
39shall have the burden of proof by a preponderance of the evidence,
40unless the report required by Section 6604.9 determines that
P17 1conditional release to a less restrictive alternative is in the best
2interest of the person and that conditions can be imposed that
3would adequately protect the community, in which case the burden
4of proof shall be on the state to show,
by a preponderance of the
5evidence, that conditional release is not appropriate.
6(l) Time spent in a conditional release program pursuant to this
7section shall not count toward the term of commitment under this
8article unless the person is confined in a locked facility by the
9conditional release program, in which case the time spent in a
10locked facility shall count toward the term of commitment.
11(m) After a minimum of one year on conditional release, the
12committed person, with or without the recommendation or
13concurrence of the Director of State Hospitals, may petition the
14court for unconditional discharge. The court shall use the
15procedures described in subdivisions (a) and (b) of Section 6605
16to determine if the person should be unconditionally discharged
17from commitment on the basis that, by reason of a diagnosed
18mental disorder, he or she is no longer a danger to the health
and
19safety of others in that it is not likely that he or she will engage in
20sexually violent criminal behavior.
21(n) This section shall become operative on January 1, 2016.
begin insertSection 6608.5 of the end insertbegin insertWelfare and Institutions Codeend insert
23begin insert is amended to read:end insert
(a) A person who is conditionally released pursuant
25to this article shall be placed in the county of the domicile of the
26person prior to the person’s incarceration, unless the court finds
27that extraordinary circumstances require placement outside the
28county of domicile.
29(b) (1) For the purposes of this section, “county of domicile”
30means the county where the person has his or her true, fixed, and
31permanent home and principal residence and to which he or she
32has manifested the intention of returning whenever he or she is
33absent. For the purposes of determining the county of domicile,
34the court may consider information found on a California driver’s
35license, California identification card, recent rent
or utility receipt,
36printed personalized checks or other recent banking documents
37showing that person’s name and address, or information contained
38in an arrest record, probation officer’s report, trial transcript, or
39other court document. If no information can be identified or
40verified, the county of domicile of the individual shall be
P18 1considered to be the county in which the person was arrested for
2the crime for which he or she was last incarcerated in the state
3prison or from which he or she was last returned from parole.
4(2) In a case where the person committed a crime while being
5held for treatment in a state hospital, or while being confined in a
6state prison or local jail facility, the county wherein that facility
7was located shall not be considered the county of domicile unless
8the person resided in that county prior to being housed in the
9hospital, prison, or jail.
10(c) For
the purposes of this section, “extraordinary
11circumstances” means circumstances that would inordinately limit
12the department’s ability to effect conditional release of the person
13in the county of domicile in accordance with Section 6608 or any
14other provision of this article, and the procedures described in
15Sections 1605 to 1610, inclusive, of the Penal Code.
16(d) The county of domicile shall designate a county agency or
17program that will provide assistance and consultation in the process
18of locating and securing housing within the county for persons
19committed as sexually violent predators who are about to be
20conditionally released under Section 6608. Upon notification by
21the department of a person’s potential or expected conditional
22release under Section 6608, the county of domicile shall notify the
23department of the name of the designated agency or program, at
24least 60 days before the date of the potential or expected release.
25(e) In recommending a specific placement for community
26outpatient treatment, the department or its designee shall consider
27all of the following:
28(1) The concerns and proximity of the victim or the victim’s
29next of kin.
30(2) The age and profile of the victim or victims in the sexually
31violent offenses committed by the person subject to placement.
32For purposes of this subdivision, the “profile” of a victim includes,
33but is not limited to, gender, physical appearance, economic
34background, profession, and other social or personal characteristics.
35(f) Notwithstanding any other provision of law, a person released
36under this section shall not be placed within one-quarter mile of
37any public or private school providing instruction in kindergarten
38or any of grades 1
to 12, inclusive, if either of the following
39conditions exist:
P19 1(1) The person has previously been convicted of a violation of
2Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
3subdivision (c) of Section 288 of, the Penal Code.
4(2) The court finds that the person has a history of improper
5sexual conduct with children.
6(g) This section shall remain in effect only until January 1, 2016,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2016, deletes or extends that date.
begin insertSection 6608.5 is added to the end insertbegin insertWelfare and Institutions
10Codeend insertbegin insert, to read:end insert
(a) A person who is conditionally released pursuant
12to this article shall be placed in the county of the domicile of the
13person prior to the person’s incarceration, unless both of the
14following conditions are satisfied:
15(1) The court finds that extraordinary circumstances require
16placement outside the county of domicile.
17(2) The designated county of placement was given prior notice
18and an opportunity to comment on the proposed placement of the
19committed person in the county, according to procedures set forth
20in Section 6609.1.
21(b) (1) For the purposes of this section, “county of domicile”
22
means the county where the person has his or her true, fixed, and
23permanent home and principal residence and to which he or she
24has manifested the intention of returning whenever he or she is
25absent. For the purposes of determining the county of domicile,
26the court may consider information found on a California driver’s
27license, California identification card, recent rent or utility receipt,
28printed personalized checks or other recent banking documents
29showing that person’s name and address, or information contained
30in an arrest record, probation officer’s report, trial transcript, or
31other court document. If no information can be identified or
32verified, the county of domicile of the individual shall be considered
33to be the county in which the person was arrested for the crime
34for which he or she was last incarcerated in the state prison or
35from which he or she was last returned from parole.
36(2) In a case where the person committed a crime
while being
37held for treatment in a state hospital, or while being confined in
38a state prison or local jail facility, the county wherein that facility
39was located shall not be considered the county of domicile unless
P20 1the person resided in that county prior to being housed in the
2hospital, prison, or jail.
3(c) For the purposes of this section, “extraordinary
4circumstances” means circumstances that would inordinately limit
5the department’s ability to effect conditional release of the person
6in the county of domicile in accordance with Section 6608 or any
7other provision of this article, and the procedures described in
8Sections 1605 to 1610, inclusive, of the Penal Code.
9(d) The county of domicile shall designate a county agency or
10program that will provide assistance and consultation in the
11process of locating and securing housing within the county for
12persons committed as sexually
violent predators who are about to
13be conditionally released under Section 6608. Upon notification
14by the department of a person’s potential or expected conditional
15release under Section 6608, the county of domicile shall notify the
16department of the name of the designated agency or program, at
17least 60 days before the date of the potential or expected release.
18(e) In recommending a specific placement for community
19outpatient treatment, the department or its designee shall consider
20all of the following:
21(1) The concerns and proximity of the victim or the victim’s next
22of kin.
23(2) The age and profile of the victim or victims in the sexually
24violent offenses committed by the person subject to placement. For
25purposes of this subdivision, the “profile” of a victim includes,
26but is not limited to, gender, physical
appearance, economic
27background, profession, and other social or personal
28characteristics.
29(f) Notwithstanding any other provision of law, a person
30released under this section shall not be placed within one-quarter
31mile of any public or private school providing instruction in
32kindergarten or any of grades 1 to 12, inclusive, if either of the
33following conditions exist:
34(1) The person has previously been convicted of a violation of
35Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
36subdivision (c) of Section 288 of, the Penal Code.
37(2) The court finds that the person has a history of improper
38sexual conduct with children.
39(g) If the committed person has been conditionally released in
40a county other than the county of commitment, the
jurisdiction of
P21 1the person shall, upon request of the designated attorney of the
2county of placement, be transferred to the court of the county of
3placement.
4(h) This section shall become operative on January 1, 2016.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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95