BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
AB 1607 (Fox) - Sexually violent predators.
Amended: July 2, 2014 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: August 14, 2014
Consultant: Jolie Onodera
SUSPENSE FILE. AS AMENDED.
Bill Summary: AB 1607 would provide that the county of domicile
of a conditionally released sexually violent predator (SVP)
patient - the county to which the SVP will be released - shall
be determined by a newly defined process involving the court,
the county of commitment, and each county that could potentially
be determined to be the county of domicile.
Fiscal Impact (as approved on August 14, 2014):
Potentially significant state-reimbursable costs (General
Fund) for placing additional duties on counties, including a
county's designated counsel, with regard to conditional
releases of SVPs, including additional noticing requirements
to the court and specified parties, participation in newly
established domicile hearings, when required, and additional
costs for designated attorneys of the county of domicile to
participate in conditional release hearings in the county of
commitment.
Potential future cost savings to local agencies and the
courts to the extent the formal and final court
determination of the county of domicile precludes attorneys
from the county of commitment and the county of domicile
from filing additional motions to appeal.
Background: Existing law provides for the civil commitment for
psychiatric and psychological treatment of a prison inmate found
to be a sexually violent predator (SVP) after the person has
served his or her prison commitment. Under existing law, a SVP
is defined as a person who has been convicted of a sexually
violent offense against at least one victim, and who has a
diagnosed mental disorder that makes the person a danger to the
health and safety of others in that it is likely that he or she
will engage in sexually violent criminal behavior. (Welfare and
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Institutions Code (WIC) � 6600(a)(1).)
Existing law provides that a person committed as a SVP to the
Department of State Hospitals (DSH) shall be held for an
indeterminate term upon commitment and requires that a SVP have
an annual examination on his or her mental condition, including
consideration of whether or not conditional release to a less
restrictive alternative or unconditional release is in the SVP's
best interest and what conditions would adequately protect the
community. (WIC �� 6604.1, 6604.9.)
Existing law establishes provisions by which a committed SVP may
petition the court for conditional or unconditional release. If
the court decides a petition for conditional release is not
frivolous, the court is required to give notice at least 30 days
prior to the hearing date for the petition. Under existing law,
a person who is conditionally released is to be placed in the
county of domicile of the person prior to the person's
incarceration unless the court finds that extraordinary
circumstances require placement outside the county of domicile.
(WIC � 6608.)
This bill would create a new process involving the court, the
petitioner, the DSH, the designated attorney of the county of
commitment, and the designated attorney of the potential county
of domicile, to determine the county of domicile prior to the
conditional release hearing.
Proposed Law: This bill would provide that the county of
domicile of a conditionally released sexually violent predator
(SVP) patient - the county to which the SVP will be released -
shall be determined by a newly defined process involving the
court, the county of commitment, and each county that could
potentially be determined to be the county of domicile, as
follows:
Requires the petitioner, DSH, and the attorney of the
county of commitment to notify the court within 30 days of
receipt of a notice of a conditional release hearing if it
appears that a county other that the county of commitment
may be the county of domicile.
Requires the court to set a hearing to determine the
county of domicile if there are allegations that one or
more counties, other than the county of commitment, may be
the county of commitment.
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Requires the court to give notice of the domicile
hearing to the designated attorney of the county of
commitment, the retained or appointed attorney for the
committed person, the DSH, and the designated attorneys for
any alleged county of domicile.
Authorizes the parties noted above to file and serve
declarations, documentary evidence, and other pleadings,
that are specific only to the issue of domicile, and
authorizes the court to decide the issue of domicile solely
on the pleadings, or additionally permit in the interests
of justice, argument and testimony.
After determining the county of domicile, requires the
court to set a date for a conditional release hearing and
requires the court to give notice of the hearing at least
30 days before the hearing, as specified.
Provides that the designated attorney for the county of
domicile will represent the state at the conditional
release hearing if the designated attorney for the county
of domicile and the designated attorney for the county of
commitment mutually agree. If the designated attorneys do
not make this agreement, the designated attorney for the
county of commitment is required to represent the state at
the hearing.
Requires the designated attorney for the county of
commitment to give notice to the court, the DSH, the
retained or appointed attorney for he committed person, and
the petitioner, at least 20 court days before the
conditional release hearing whether the state will be
represented by the designated attorney of the county of
domicile or the designated attorney of the county of
commitment.
Provides that the designated attorneys should cooperate
with each other to ensure that all relevant evidence is
submitted on behalf of the state, and requires that no
attorney other than the designated attorney for the county
representing the state shall appear on behalf of the state
at the conditional release hearing.
Provides that the court's determination of a county of
domicile shall govern the current and any subsequent
petitions for conditional release.
Provides that a person who is conditionally released
shall be placed in the county of domicile of the person
prior to the person's incarceration unless both of the
following conditions are satisfied:
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o The court finds that extraordinary
circumstances require placement outside the county of
domicile.
o 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.
Provides that if the committed person has been
conditionally released in a county other than the county of
commitment, the jurisdiction of the person shall, upon
request of the designated attorney of the county of
placement, be transferred to the court of the county of
placement.
Staff Comments: This bill requires coordination and cooperation
among counties involved in the conditional release of an SVP,
specifically when the county of domicile into which the SVP is
to be released is not the county of commitment.
Under current law, there is no requirement for the court or the
county of commitment of an SVP to notify a county, or to allow
for input from a county, into which an SVP is being
conditionally released. By creating a process by which the
determination of the county of domicile is to be decided by the
court could result in potentially significant state-reimbursable
costs (General Fund) for placing additional duties on counties,
including public defenders and district attorneys, with regard
to conditional releases of SVPs. These additional duties include
mandated noticing requirements to the court and specified
parties, participation in newly established domicile hearings,
when required, and additional costs for designated attorneys of
the county of domicile to participate in conditional release
hearings in the county of commitment. To the extent the
determination of the county of domicile is decided by the court
solely on the pleadings would mitigate potential costs to some
degree, however, it is unknown with certainty how many SVP cases
will require domicile hearings.
The Commission on State Mandates (CSM) previously approved a
claim (CSM-4509) for reimbursement to local agencies for the
preparation and attendance by the county's designated counsel at
the probable cause hearing, trial, and further hearings, and
related activities, including housing and transportation of
potential SVPs while awaiting trial. Although a new test claim
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decision was adopted in 2013 to provide continuing reimbursement
only for preparation and attendance by the county's designated
counsel and indigent defense counsel at the probable cause
hearing, and for transportation between a courthouse and a
secure facility for purposes of the hearing, the other
activities previously approved as reimbursable mandates were
determined non-reimbursable due to an intervening voter-enacted
ballot measure. The State Controller's Office made a $20.9
million payment in FY 2011-12 for costs associated with this
mandate for expenditures incurred over several years.
This bill could also result in future cost savings to local
agencies and the courts to the extent the formal and final court
determination of the county of domicile precludes attorneys from
the county of commitment and the county of domicile from filing
additional motions to appeal.
Committee amendments delay implementation of the bill's
provisions one year to January 1, 2016.