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 billbegin delete would, commencing January 1, 2016,end deletebegin insert wouldend 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 personbegin delete would, upon request of the designated attorney of the county of placement,end deletebegin insert wouldend insert be transferred to the court of the county of placementbegin insert, unless the designated attorney in the county of placement objects, as providedend insert. The bill would additionally require that a person who is conditionally released pursuant to 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,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 counselbegin insert in all hearings under this sectionend insert. The person
24petitioning for conditional release shall serve a copy of the petition
P4 1on the State Department of State Hospitals at the time the petition
2is filed with the court.
3(b) The procedure for a conditional release hearing in a case
4where the county of domicile has not yet been determined shall be
5as follows:
6(b)
end delete
7begin insert(1)end insert If the court deems the petition not frivolous pursuant to
8subdivision (a), the court shall give noticebegin delete of the hearing dateend delete to
9the attorney designated in subdivision (i) of Section 6601, the
10retained or appointed attorney for the committed person, and the
11Director of State Hospitalsbegin delete at leastend deletebegin insert
of its intention to set a
12conditional release hearing. The person petitioning for conditional
13release, the Director of State Hospitals, and the designated
14attorney of the county of commitment shall notify the court withinend insert
15 30 court daysbegin delete before the
hearing date.end delete
16appears that a county other than the county of commitment may
17be the county of domicile.end insert
18(2) If no county other than the county of commitment appears
19to be the county of domicile, the court shall determine, consistent
20with Section 6608.5, that the county of commitment is the county
21of domicile.
22(3) If it appears or there are allegations that one or more
23counties, other than the county of commitment, may be the county
24of domicile, the court shall set a hearing to determine the county
25of domicile, consistent with the provisions of Section 6608.5. The
26court shall, at least 30 court days prior to the hearing, give notice
27of the
domicile hearing to the persons listed in paragraph (1) and
28to the designated attorney for any county that is alleged to be the
29county of domicile. Persons listed in this paragraph and paragraph
30(1) may, at least 10 court days prior to the hearing, file and serve
31declarations, documentary evidence, and other pleadings, that are
32specific only to the issue of domicile. The court may, consistent
33with Section 6608.5, decide the issue of domicile solely on the
34pleadings, or additionally permit, in the interests of justice,
35argument and testimony.
36(4) After determining the county of domicile pursuant to
37paragraph (2) or (3), the court shall set a date for a conditional
38release hearing and shall give notice of the hearing at least 30
39court days before the hearing to the persons described in
P5 1paragraph (1) and the designated attorney for the county of
2domicile.
3(5) (A) If the county of domicile is different than the county of
4commitment, the designated attorney for the county of domicile
5and the designated attorney for the county of commitment may
6mutually agree that the designated attorney for the county of
7domicile will represent the state at the conditional release hearing.
8If the designated attorneys do not make this agreement, the
9designated attorney for the county of commitment will represent
10the state at the conditional release hearing.
11(B) At least 20 court days before the conditional release hearing,
12the designated attorney for the county of commitment shall give
13notice to the parties listed in paragraph (1) and to the court
14whether the state will be represented by the designated attorney
15of the county of domicile or the designated attorney of the county
16of commitment.
17(C) The designated attorney for the county of
domicile and the
18designated attorney for the county of commitment should cooperate
19with each other to ensure that all relevant evidence is submitted
20on behalf of the state. No attorney other than the designated
21attorney for the county representing the state shall appear on
22behalf of the state at the conditional release hearing.
23(6) The court’s determination of a county of domicile shall
24govern the current and any subsequent petition for conditional
25release under this section.
26(7) For the purpose of this subdivision, the term “county of
27domicile” shall have the same meaning as defined in Section
286608.5.
29(8) For purposes of this section, the term “designated attorney
30of the county of commitment” means the attorney designated in
31subdivision (i) of Section 6601 in the county of commitment.
32(9) For purposes of this section, the term “designated attorney
33for the county of domicile” means the attorney designated in
34subdivision (i) of Section 6601 in the county of domicile.
35(c) The proceedings for a conditional release hearing in a case
36where the court has previously determined the county of domicile
37shall be as follows:
38(1) If the court determines, pursuant to subdivision (a), that the
39petition is not frivolous, the court shall give notice of the hearing
40date at least 30 days prior to the hearing to the designated
P6 1attorneys for the county of domicile and the county of commitment,
2the retained or appointed attorney for the petitioner, and the
3Director of State Hospitals.
4(2) Representation of the state at the conditional release hearing
5shall be
pursuant to paragraph (5) of subdivision (b).
6(d) (1) If a committed person has been conditionally released
7by a court to a county other than the county of domicile, and the
8jurisdiction of the person has been transferred to that county,
9pursuant to subdivision (g) of Section 6608.5, the notice specified
10in paragraph (1) of subdivision (c) shall be given to the designated
11attorney of the county of placement, who shall represent the state
12in any further proceedings.
13(2) The term “county of placement” means the county where
14the court has placed a person who is granted conditional release.
15(c)
end delete
16begin insert(e)end insert If the petition for conditional release is made without the
17consent of the director of the treatment facility, no action shall be
18taken on the petition by the court without first obtaining the written
19recommendation of the director of the treatment facility.
20(d) No
end delete
21begin insert(f)end insertbegin insert end insertbegin insertAend insert hearing upon the petition shallbegin insert notend insert be held until the person
22who is committed has been under commitment for confinement
23and
care in a facility designated by the Director of State Hospitals
24for not less than one year from the date of the order of commitment.
25begin delete Noend deletebegin insert Aend insert hearing upon the petition shallbegin insert notend insert be held until the
26community program director designated by the State Department
27of State Hospitals submits a report to the court that makes a
28recommendation as to the appropriateness of placing the person
29in a state-operated forensic conditional release program.
30(e)
end delete
31begin insert(g)end insert The court shall hold a hearing to determine whether the
32person committed would be a danger to the health and safety of
33others in that it is likely that he or she will engage in sexually
34violent criminal behavior due to his or her diagnosed mental
35disorder if under supervision and treatment in the community. The
36attorney designated pursuant tobegin delete subdivision (i) of Section 6601end delete
37begin insert
paragraph (5) of subdivision (b)end insert shall represent the state andbegin delete shallend delete
38begin insert mayend insert have the committed person evaluated by experts chosen by
39the state. The committed person shall have the right to the
40appointment of experts, if he or she so requests. If the court at the
P7 1hearing determines that the committed person would not be a
2danger to others due to his or her diagnosed mental disorder while
3under supervision and treatment in the community, the court shall
4order the committed person placed with an appropriate forensic
5conditional release program operated by the state for one year. A
6substantial portion of the state-operated forensic conditional release
7program shall include outpatient supervision and
treatment. The
8court shall retain jurisdiction of the person throughout the course
9of the programbegin insert, except as provided in subdivision (g) of Section
106608.5end insert.
11(f)
end delete
12begin insert(h)end insert Before placing a committed person in a state-operated
13forensic conditional release program, the community program
14director designated by the State Department of State Hospitals
15shall submit a written recommendation to the court stating which
16forensic conditional release program is most appropriate for
17supervising and treating the committed person.
If the court does
18not accept the community program director’s recommendation,
19the court shall specify the reason or reasons for its order on the
20record. The procedures described in Sections 1605 to 1610,
21inclusive, of the Penal Code shall apply to the person placed in
22the forensic conditional release program.
23(g)
end delete
24begin insert(i)end insert If the court determines that the person should be transferred
25to a state-operated forensic conditional release program, the
26community program director, or his or her designee, shall make
27the necessary placement arrangements and, within 30 days after
28receiving notice of the
court’s finding, the person shall be placed
29in the community in accordance with the treatment and supervision
30plan unless good cause for not doing so is presented to the court.
31(h)
end delete
32begin insert(j)end insert If the court denies the petition to place the person in an
33appropriate forensic conditional release program, the person may
34not file a new application until one year has elapsed from the date
35of the denial.
36(i)
end delete
37begin insert(k)end insert In a hearing authorized by this section, the committed person
38shall have the burden of proof by a preponderance of the evidence,
39unless the report required by Section 6604.9 determines that
40conditional release to a less restrictive alternative is in the best
P8 1
interest of the person and that conditions can be imposed that would
2adequately protect the community, in which case the burden of
3proof shall be on the state to show, by a preponderance of the
4evidence, that conditional release is not appropriate.
5(j)
end delete
6begin insert(end insertbegin insertlend insertbegin insert)end insert 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(k)
end delete
12begin insert(m)end insert After a minimum of one year on conditional release, the
13committed person, with or without the recommendation or
14concurrence of the Director of State Hospitals, may petition the
15court for unconditional discharge. The court shall use the
16procedures described in subdivisions (a) and (b) of Section 6605
17to determine if the person should be unconditionally discharged
18from commitment on the basis that, by reason of a diagnosed
19mental disorder, he or she is no longer a danger to the health and
20safety of others in that it is not likely that he or she will engage in
21sexually violent criminal behavior.
22(l) This section shall remain in effect only until January 1, 2016,
23and as of that date is repealed, unless a later enacted statute, that
24is enacted before January 1, 2016, deletes or extends that date.
Section 6608 is added to the Welfare and Institutions
26Code, to read:
(a) A person who has been committed as a sexually
28violent predator shall be permitted to petition the court for
29conditional release with or without the recommendation or
30concurrence of the Director of State Hospitals. If a person has
31previously filed a petition for conditional release without the
32concurrence of the director and the court determined, either upon
33review of the petition or following a hearing, that the petition was
34frivolous or that the committed person’s condition had not so
35changed that he or she would not be a danger to others in that it is
36not likely that he or she will engage in sexually violent criminal
37behavior if placed under supervision and treatment in the
38community, the court shall deny the subsequent petition unless it
39contains facts upon which a court could find that the condition of
40the committed
person had so changed that a hearing was warranted.
P9 1Upon receipt of a first or subsequent petition from a committed
2person without the concurrence of the director, the court shall
3endeavor whenever possible to review the petition and determine
4if it is based upon frivolous grounds and, if so, shall deny the
5petition without a hearing. The person petitioning for conditional
6release under this subdivision shall be entitled to assistance of
7counsel in all hearings under this section. The person petitioning
8for conditional release shall serve a copy of the petition on the
9State Department of State Hospitals at the time the petition is filed
10with the court.
11(b) The procedure for a conditional release hearing in a case
12where the county of domicile has not yet been determined shall
13be as follows:
14(1) If the court deems the petition not frivolous pursuant to
15subdivision (a), the court
shall give notice to the attorney
16designated in subdivision (i) of Section 6601, the retained or
17appointed attorney for the committed person, and the Director of
18State Hospitals of its intention to set a conditional release hearing.
19The person petitioning for conditional release, the Director of State
20Hospitals, and the designated attorney of the county of commitment
21shall notify the court within 30 court days of receipt of this notice
22if it appears that a county other than the county of commitment
23may be the county of domicile.
24(2) If no county other than the county of commitment appears
25to be the county of domicile, the court shall determine, consistent
26with Section 6608.5, that the county of commitment is the county
27of domicile.
28(3) If it appears or there are allegations that one or more
29counties, other than the county of commitment, may be the county
30of domicile, the court
shall set a hearing to determine the county
31of domicile, consistent with the provisions of Section 6608.5. The
32court shall, at least 30 court days prior to the hearing, give notice
33of the domicile hearing to the persons listed in paragraph (1) and
34to the designated attorney for any county that is alleged to be the
35county of domicile. Persons listed in this paragraph and paragraph
36(1) may, at least 10 court days prior to the hearing, file and serve
37declarations, documentary evidence, and other pleadings, that are
38specific only to the issue of domicile. The court may, consistent
39with Section 6608.5, decide the issue of domicile solely on the
P10 1pleadings, or additionally permit, in the interests of justice,
2argument and testimony.
3(4) After determining the county of domicile pursuant to
4paragraph (2) or (3), the court shall set a date for a conditional
5release hearing and shall give notice of the hearing at least 30 court
6days before the hearing to
the persons described in paragraph (1)
7and the designated attorney for the county of domicile.
8(5) (A) If the county of domicile is different than the county of
9commitment, the designated attorney for the county of domicile
10and the designated attorney for the county of commitment may
11mutually agree that the designated attorney for the county of
12domicile will represent the state at the conditional release hearing.
13If the designated attorneys do not make this agreement, the
14designated attorney for the county of commitment will represent
15the state at the conditional release hearing.
16(B) At least 20 court days before the conditional release hearing,
17the designated attorney for the county of commitment shall give
18notice to the parties listed in paragraph (1) and to the court whether
19the state will be represented by the designated attorney of the
20county of domicile or the designated
attorney of the county of
21commitment.
22(C) The designated attorney for the county of domicile and the
23designated attorney for the county of commitment should cooperate
24with each other to ensure that all relevant evidence is submitted
25on behalf of the state. No attorney other than the designated
26attorney for the county representing the state shall appear on behalf
27of the state at the conditional release hearing.
28(6) The court’s determination of a county of domicile shall
29govern the current and any subsequent petition for conditional
30release under this section.
31(7) For the purpose of this subdivision, the term “county of
32domicile” shall have the same meaning as defined in Section
336608.5.
34(8) For purposes of this section, the term “designated attorney
35of
the county of commitment” means the attorney designated in
36subdivision (i) of Section 6601 in the county of commitment.
37(9) For purposes of this section, the term “designated attorney
38for the county of domicile” means the attorney designated in
39subdivision (i) of Section 6601 in the county of domicile.
P11 1(c) The proceedings for a conditional release hearing in a case
2where the court has previously determined the county of domicile
3shall be as follows:
4(1) If the court determines, pursuant to subdivision (a), that the
5petition is not frivolous, the court shall give notice of the hearing
6date at least 30 days prior to the hearing to the designated attorneys
7for the county of domicile and the county of commitment, the
8retained or appointed attorney for the petitioner, and the Director
9of State Hospitals.
10(2) Representation of the state at the conditional release hearing
11shall be pursuant to paragraph (5) of subdivision (b).
12(d) (1) If a committed person has been conditionally released
13by a court to a county other than the county of domicile, and the
14jurisdiction of the person has been transferred to that county,
15pursuant to subdivision (g) of Section 6608.5, the notice specified
16in paragraph (1) of subdivision (c) shall be given to the designated
17attorney of the county of placement who shall represent the state
18in any further proceedings.
19(2) The term “county of placement” means the county where
20the court has placed a person who is granted conditional release.
21(e) If the petition for conditional release is made without the
22consent of the director of the
treatment facility, no action shall be
23taken on the petition by the court without first obtaining the written
24recommendation of the director of the treatment facility.
25(f) A hearing upon the petition shall not be held until the person
26who is committed has been under commitment for confinement
27and care in a facility designated by the Director of State Hospitals
28for not less than one year from the date of the order of commitment.
29A hearing upon the petition shall not be held until the community
30program director designated by the State Department of State
31Hospitals submits a report to the court that makes a
32recommendation as to the appropriateness of placing the person
33in a state-operated forensic conditional release program.
34(g) The court shall hold a hearing to determine whether the
35person committed would be a danger to the health and safety of
36others in that it is likely that he
or she will engage in sexually
37violent criminal behavior due to his or her diagnosed mental
38disorder if under supervision and treatment in the community. The
39attorney designated pursuant to paragraph (5) of subdivision (b)
40shall represent the state and shall have the committed person
P12 1evaluated by experts chosen by the state. The committed person
2shall have the right to the appointment of experts, if he or she so
3requests. If the court at the hearing determines that the committed
4person would not be a danger to others due to his or her diagnosed
5mental disorder while under supervision and treatment in the
6community, the court shall order the committed person placed with
7an appropriate forensic conditional release program operated by
8the state for one year. A substantial portion of the state-operated
9forensic conditional release program shall include outpatient
10supervision and treatment. The court shall retain jurisdiction of
11the person throughout the course of the program, except as
12provided in subdivision
(g) of Section 6608.5.
13(h) Before placing a committed person in a state-operated
14forensic conditional release program, the community program
15director designated by the State Department of State Hospitals
16shall submit a written recommendation to the court stating which
17forensic conditional release program is most appropriate for
18supervising and treating the committed person. If the court does
19not accept the community program director’s recommendation,
20the court shall specify the reason or reasons for its order on the
21record. The procedures described in Sections 1605 to 1610,
22inclusive, of the Penal Code shall apply to the person placed in
23the forensic conditional release program.
24(i) If the court determines that the person should be transferred
25to a state-operated forensic conditional release program, the
26community program director, or his or her designee, shall make
27the necessary
placement arrangements and, within 30 days after
28receiving notice of the court’s finding, the person shall be placed
29in the community in accordance with the treatment and supervision
30plan unless good cause for not doing so is presented to the court.
31(j) If the court denies the petition to place the person in an
32appropriate forensic conditional release program, the person may
33not file a new application until one year has elapsed from the date
34of the denial.
35(k) In a hearing authorized by this section, the committed person
36shall have the burden of proof by a preponderance of the evidence,
37unless the report required by Section 6604.9 determines that
38conditional release to a less restrictive alternative is in the best
39interest of the person and that conditions can be imposed that would
40adequately protect the community, in which case the burden of
P13 1proof shall be on the state to show,
by a preponderance of the
2evidence, that conditional release is not appropriate.
3(l) Time spent in a conditional release program pursuant to this
4section shall not count toward the term of commitment under this
5article unless the person is confined in a locked facility by the
6conditional release program, in which case the time spent in a
7locked facility shall count toward the term of commitment.
8(m) After a minimum of one year on conditional release, the
9committed person, with or without the recommendation or
10concurrence of the Director of State Hospitals, may petition the
11court for unconditional discharge. The court shall use the
12procedures described in subdivisions (a) and (b) of Section 6605
13to determine if the person should be unconditionally discharged
14from commitment on the basis that, by reason of a diagnosed
15mental disorder, he or she is no longer a danger to the health
and
16safety of others in that it is not likely that he or she will engage in
17sexually violent criminal behavior.
18(n) This section shall become operative on January 1, 2016.
Section 6608.5 of the Welfare and Institutions Code
21 is amended to read:
(a) A person who is conditionally released pursuant
23to this article shall be placed in the county of the domicile of the
24person prior to the person’s incarceration, unlessbegin delete the court finds begin insert both of the following conditions are satisfied:end insert
25that extraordinary circumstances require placement outside the
26county of domicile.end delete
27(1) The court finds that extraordinary circumstances require
28placement outside the county of
domicile.
29(2) The designated county of placement was given prior notice
30and an opportunity to comment on the proposed placement of the
31committed person in the county, according to procedures set forth
32in Section 6609.1.
33(b) (1) For the purposes of this section, “county of domicile”
34means the county where the person has his or her true, fixed, and
35permanent home and principal residence and to which he or she
36has manifested the intention of returning whenever he or she is
37absent. For the purposes of determining the county of domicile,
38the court may consider information found on a California driver’s
39license, California identification card, recent rent or utility receipt,
40printed personalized checks or other recent banking documents
P14 1showing that person’s name and
address, or information contained
2in an arrest record, probation officer’s report, trial transcript, or
3other court document. If no information can be identified or
4verified, the county of domicile of the individual shall be
5considered to be the county in which the person was arrested for
6the crime for which he or she was last incarcerated in the state
7prison or from which he or she was last returned from parole.
8(2) In a case where the person committed a crime while being
9held for treatment in a state hospital, or while being confined in a
10state prison or local jail facility, the county wherein that facility
11was located shall not be considered the county of domicile unless
12the person resided in that county prior to being housed in the
13hospital, prison, or jail.
14(c) For the
purposes of this section, “extraordinary
15circumstances” means circumstances that would inordinately limit
16the department’s ability to effect conditional release of the person
17in the county of domicile in accordance with Section 6608 or any
18other provision of this article, and the procedures described in
19Sections 1605 to 1610, inclusive, of the Penal Code.
20(d) The county of domicile shall designate a county agency or
21program that will provide assistance and consultation in the process
22of locating and securing housing within the county for persons
23committed as sexually violent predators who are about to be
24conditionally released under Section 6608. Upon notification by
25the department of a person’s potential or expected conditional
26release under Section 6608, the county of domicile shall notify the
27department of the name of the designated agency
or program, at
28least 60 days before the date of the potential or expected release.
29(e) In recommending a specific placement for community
30outpatient treatment, the department or its designee shall consider
31all of the following:
32(1) The concerns and proximity of the victim or the victim’s
33next of kin.
34(2) The age and profile of the victim or victims in the sexually
35violent offenses committed by the person subject to placement.
36For purposes of this subdivision, the “profile” of a victim includes,
37but is not limited to, gender, physical appearance, economic
38background, profession, and other social or personal characteristics.
39(f) Notwithstanding any other
provision of law, a person released
40under this section shall not be placed within one-quarter mile of
P15 1any public or private school providing instruction in kindergarten
2or any of grades 1 to 12, inclusive, if either of the following
3conditions exist:
4(1) The person has previously been convicted of a violation of
5Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
6subdivision (c) of Section 288 of, the Penal Code.
7(2) The court finds that the person has a history of improper
8sexual conduct with children.
9(g) This section shall remain in effect only until January 1, 2016,
10and as of that date is repealed, unless a later enacted statute, that
11is enacted before January 1, 2016, deletes or extends that date.
12(g) (1) Except as provided in paragraph (2), if the committed
13person is ordered to be conditionally released in a county other
14than the county of commitment, the court shall order that
15jurisdiction of the person and all records related to the case be
16transferred to the court of the county of placement. Upon transfer
17of jurisdiction to the county of placement, the designated attorney
18of the county of placement shall represent the state in all further
19proceedings.
20(2) The designated attorney of the county of commitment shall
21serve written notice upon the designated attorney for the county
22of placement within 15 court days of an order to place a committed
23person in the county of placement. The designated attorney of the
24county of placement may file an affidavit with the court in the
25county of commitment objecting to the transfer of jurisdiction
26within 15 court days
after receiving the notice. If the affidavit
27objecting to the transfer of jurisdiction is timely filed, the court
28shall not transfer jurisdiction. If an affidavit objecting to the
29transfer of jurisdiction is not timely filed, paragraph (1) shall
30apply.
31(3) For the purpose of this section, “county of placement” means
32the county where the court orders the committed person to be
33placed for conditional release.
34(4) For the purpose of this section, “designated attorney of the
35county of placement” means the attorney designated in subdivision
36(l) of Section 6601 in the county of placement.
37(5) This section shall not be construed to negate or in any way
38affect the decision of the court of the county of commitment to
39
conditionally release the committed person in the county of
40placement.
Section 6608.5 is added to the Welfare and Institutions
2Code, 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 both of the
6following conditions are satisfied:
7(1) The court finds that extraordinary circumstances require
8placement outside the county of domicile.
9(2) The designated county of placement was given prior notice
10and an opportunity to comment on the proposed placement of the
11committed person in the county, according to procedures set forth
12in Section 6609.1.
13(b) (1) For the purposes of this section, “county of domicile”
14
means the county where the person has his or her true, fixed, and
15permanent home and principal residence and to which he or she
16has manifested the intention of returning whenever he or she is
17absent. For the purposes of determining the county of domicile,
18the court may consider information found on a California driver’s
19license, California identification card, recent rent or utility receipt,
20printed personalized checks or other recent banking documents
21showing that person’s name and address, or information contained
22in an arrest record, probation officer’s report, trial transcript, or
23other court document. If no information can be identified or
24verified, the county of domicile of the individual shall be
25considered to be the county in which the person was arrested for
26the crime for which he or she was last incarcerated in the state
27prison or from which he or she was last returned from parole.
28(2) In a case where the person committed a crime
while being
29held for treatment in a state hospital, or while being confined in a
30state prison or local jail facility, the county wherein that facility
31was located shall not be considered the county of domicile unless
32the person resided in that county prior to being housed in the
33hospital, prison, or jail.
34(c) For the purposes of this section, “extraordinary
35circumstances” means circumstances that would inordinately limit
36the department’s ability to effect conditional release of the person
37in the county of domicile in accordance with Section 6608 or any
38other provision of this article, and the procedures described in
39Sections 1605 to 1610, inclusive, of the Penal Code.
P17 1(d) The county of domicile shall designate a county agency or
2program that will provide assistance and consultation in the process
3of locating and securing housing within the county for persons
4committed as sexually
violent predators who are about to be
5conditionally released under Section 6608. Upon notification by
6the department of a person’s potential or expected conditional
7release under Section 6608, the county of domicile shall notify the
8department of the name of the designated agency or program, at
9least 60 days before the date of the potential or expected release.
10(e) In recommending a specific placement for community
11outpatient treatment, the department or its designee shall consider
12all of the following:
13(1) The concerns and proximity of the victim or the victim’s
14next of kin.
15(2) The age and profile of the victim or victims in the sexually
16violent offenses committed by the person subject to placement.
17For purposes of this subdivision, the “profile” of a victim includes,
18but is not limited to, gender, physical
appearance, economic
19background, profession, and other social or personal characteristics.
20(f) Notwithstanding any other provision of law, a person released
21under this section shall not be placed within one-quarter mile of
22any public or private school providing instruction in kindergarten
23or any of grades 1 to 12, inclusive, if either of the following
24conditions exist:
25(1) The person has previously been convicted of a violation of
26Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of
27subdivision (c) of Section 288 of, the Penal Code.
28(2) The court finds that the person has a history of improper
29sexual conduct with children.
30(g) If the committed person has been conditionally released in
31a county other than the county of commitment, the
jurisdiction of
32the person shall, upon request of the designated attorney of the
33county of placement, be transferred to the court of the county of
34placement.
35(h) This section shall become operative on January 1, 2016.
If the Commission on State Mandates determines that
38this act contains costs mandated by the state, reimbursement to
39local agencies and school districts for those costs shall be made
P18 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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