BILL ANALYSIS �
AB 1607
Page 1
ASSEMBLY THIRD READING
AB 1607 (Fox)
As Amended May 6, 2014
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Bigelow, |
| |Jones-Sawyer, Quirk, | |Bocanegra, Bradford, Ian |
| |Skinner, Stone, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Jones, Linder, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, |
| | | |Wagner, Weber |
| | | | |
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SUMMARY : Requires, prior to the court holding a conditional release
hearing for a person committed to the Department of State Hospitals
(DSH) as a sexually-violent predator (SVP), the court to determine
the SVP's county of domicile, as specified, and allows the
designated attorney of the determined county of domicile to elect to
represent the state at the conditional release hearing.
Specifically, this bill :
1)Provides that a person petitioning for conditional release is
entitled to assistance of counsel in the conditional release and
county of domicile hearings.
2)Provides that the procedure for a conditional release hearing in a
case in which the county of domicile has not yet been determined
by the court to proceed as follows:
a) Requires the court, upon deeming that a conditional release
petition is not frivolous, 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 is alleged that a county
other than the county of commitment is the domicile county.
b) Requires the court to deem the county of commitment as the
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county of domicile and set a date for the conditional release
hearing, with at least 30 court days notice, as specified, if
no county, other than the county of commitment, is alleged to
be the county of domicile.
c) Requires the court to hold a hearing to determine the county
of domicile if one or more county, other than the county of
commitment, 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, at least 10 court days
prior to the hearing. Allows the court, in its discretion, to
decide the issue of domicile based upon the pleadings alone or
permit such additional argument and testimony as is in the
interest of justice.
d) Requires the court, after determining county of domicile, to
set a date for a conditional release hearing and give notice of
the hearing, as specified, including to the designated attorney
for the county of domicile at least 30 court days before the
date of the hearing.
e) Provides that the designated attorney of the domicile county
has the right to represent the state at the conditional release
hearing, and to provide notice to parties, as specified, if he
or she elects to do so. Requires the designated attorney for
the commitment county to cooperate with the designated attorney
for the domicile county if this election is made.
f) Provides that the court's determination of a county of
domicile is final and applies to future proceedings relative to
the commitment or release of a SVP.
3)Provides that the procedure for a conditional release hearing in a
case in which the county of domicile has not yet been determined
by the court to proceed as follows:
a) Requires the court, upon deeming that a conditional release
petition is not frivolous, 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
the date of the conditional release hearing at least 30 court
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days prior to the hearing.
b) Provides that representation of the state at the conditional
release hearing is by the designated attorney for the domicile
county, if he or she so elects; otherwise the designated
attorney for the commitment county will represent the state.
4)Provides, if a committed person has been conditionally released by
a court to a county other than the county of domicile and the
jurisdiction of the person has been transferred to that county,
the notice required for a subsequent conditional release hearing
is to be given to the designated attorney of the county of
placement, who will represent the state in any further
proceedings.
5)Provides that 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.
6)Defines specified terms.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor state trial court costs.
COMMENTS : 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.
"AB 1607 will help to rectify current law so that what is happening
in my community does not happen in others."
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Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003476