BILL ANALYSIS �
AB 1607
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Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1607 (Fox) - As Amended: May 7, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill provides for procedures for a conditional release
hearing for a person committed to the Department of State
Hospitals (DSH) as a sexually-violent predator (SVP) in a case
in which the county of domicile has not yet been determined.
Specifically, this bill:
1)Requires the court to provide notice to the attorney for the
committed person, the designated attorney for the county of
commitment, and the Director of State Hospitals of its intent
to set a conditional release hearing, and requires these
entities to notify the court within 30 court days of receiving
the notice of intent if it appears a county other than the
county of commitment may be the domicile county.
2)Requires the court to deem the county of commitment the county
of domicile and set a date for the conditional release
hearing, with at least 30 days notice, if no county, other
than the county of commitment, is alleged to be the county of
domicile.
3)Requires the court to hold a hearing to determine county of
domicile if one or more counties is alleged to be the county
of domicile. Allows the designated attorney for any alleged
county of domicile, the attorney for the county of commitment,
the attorney for the petitioner, and the Director of State
Hospitals to file and serve declarations, documentary
evidence, and other pleadings, specific to the issue of
domicile only.
4)Requires the court, after determining county of domicile, to
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set a date for a conditional release hearing and give notice
of the hearing, as specified, at least 30 court days before
the date of the hearing.
5)Provides the court's determination of county of domicile is
final and applies to future proceedings relative to the
commitment or release of an SVP.
6)Provides if the committed person has been placed on
conditional release in a county other than the county of
commitment, jurisdiction of the person shall, upon the request
of the designated attorney of the county of placement, be
transferred to that county.
FISCAL EFFECT
Minor state trial court costs.
COMMENTS
1)Rationale . The author and sponsors, the L.A. District Attorney
and the L.A. Board of Supervisors, contend it is appropriate
to provide a hearing to determine county of domicile.
According to the author, "Nearly a year ago a Judge in Santa
Clara County determined that a sexually violent predator be
conditionally released from the Department of State Hospitals
to Los Angeles County. The offender has not lived in Los
Angeles County in over 40 years. His last crimes were
committed in Santa Clara County. Santa Clara County is now
overseeing his placement in unincorporated Los Angeles County.
"It is politically expedient for one county to send high-risk
individuals to another county under the Sexual Violent
Predator Act. No community wants them. However, when your
community is receiving the individual, it's unconscionable.
Santa Clara County should have told Los Angeles County what
was going on. The Department of State Hospitals should have
told Los Angeles what was going on. But they didn't. They
don't have to under current law."
2)Support . According to the L.A. District Attorney's Office,
"AB 1607 corrects the above [Santa Clara case cited by author]
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problem by providing for a hearing by declaration to determine
the county of domicile. Any county alleged to be the county of
domicile would be given notice and an opportunity to
participate in the proceeding. Under the bill, the designated
attorney of the county held to be the county of domicile may
later elect to represent the state at the conditional release
hearing?.
"Sexually violent predators are among the most dangerous
offenders. AB 1607 will promote public safety and help to
prevent future victimization by assuring district attorneys
receive notice and an opportunity to be heard regarding the
pending release of these offenders and that local courts be
granted jurisdiction of an SVP placed in their communities."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081