AB 421

Bill Subjects

Abstract

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 Mental Health when he or she 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, as amended by Proposition 83 of the November 7, 2006, statewide general election, requires an indeterminate civil commitment for persons who have been determined to be sexually violent predators, requires the Department of Mental Health to file an annual report for a person who has been civilly committed as a sexually violent predator, and sets forth who may receive copies of the report. Proposition 83 permits the Legislature to amend the initiative, either by a 23 vote of the membership of each house, or by majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would allow each side in the jury trial to use 10 peremptory challenges in selecting the jury. The bill would give the county's designated attorney in related proceedings access to all records concerning the person that is the subject of the proceeding, without the necessity of a court order. The bill would make findings regarding the necessity for indeterminate terms for sexually violent predator civil commitment.