BILL ANALYSIS �
AB 1607
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1607 (Fox)
As Amended August 22, 2014
Majority vote
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|ASSEMBLY: |75-0 |(May 23, 2014) |SENATE: |35-0 |(August 26, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
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 county of commitment to choose to have the county of
domicile to represent the state at the conditional release
hearing.
The Senate amendments :
1)Provide that the court's determination of domicile governs the
current and subsequent petitions for conditional release;
2)Allow the designated attorney for the determined county of
domicile to represent the state at conditional release
hearings upon the approval of the designated attorney for the
county of commitment;
3)Allow, instead of require, the designated attorney
representing the state to have the committed person evaluated
by the state's chosen experts;
4)Prohibit a person from being conditionally released outside
the county of domicile unless the proposed county of placement
was given prior notice and an opportunity to comment on the
proposed placement, as specified;
5)Require the court to order, upon conditional release to a
county other than the county of commitment, that jurisdiction
of the person and all case records be transferred to the court
of the county of placement and that the designated attorney
for the county of placement to represent the state in all
future proceedings, unless the designated attorney of the
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county of placement objects to the transfer of jurisdiction,
as specified; and,
6)Provide that provisions of law regarding placement of an SVP
are not to be construed to negate or in any way affect the
court's decision on whether to conditionally release a
committed person.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that a person petitioning for conditional release is
entitled to assistance of counsel in the conditional release
and county of domicile hearings.
2)Provided 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) Required 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 DSH 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) Required the court to deem the county of commitment as
the 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) Required the court to hold a hearing to determine the
county of domicile if one or more counties, 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 DSH 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
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argument and testimony as is in the interest of justice.
d) Required 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) Provided 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; and,
f) Provided 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)Provided 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) Required 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 DSH of the date of
the conditional release hearing at least 30 court days
prior to the hearing; and,
b) Provided 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)Provided, 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.
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5)Provided 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)Defined specified terms.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)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.
2)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.
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
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happening in my community does not happen in others."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0005454