SB 492

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. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, 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. Existing law requires the Secretary of the Department of Corrections and Rehabilitation (CDCR) to refer a person who is in custody under that department's jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of Mental Health when he or she determines that the person may be a sexually violent predator. Existing law requires that this referral be made at least 6 months before the prisoner's release date from prison. This bill would require the Secretary of the Department of Corrections and Rehabilitation instead to refer to the State Department of Mental Health (DMH) for assessment any person in the custody of the CDCR, including the Division of Juvenile Facilities and persons on parole or for whom a warrant of arrest is outstanding, who has committed a sexually violent offense, as defined. The bill would also require the Director of Mental Health to identify and evaluate individuals who are in custody under the jurisdiction of the DMH and who have convictions for sexually violent offenses at least 6 months prior to their release. By increasing the responsibilities of local officials, this bill would impose a state-mandated local program. Existing law establishes a screening process for the CDCR and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the DMH for a full evaluation. This bill would, instead, require the agency with jurisdiction over the confined person to determine whether that person has committed a sexually violent offense and to give notice to the designated county attorney, as provided. The bill would require the DMH to request the designated county attorney determine whether any of the sexually violent offenses are predatory, as defined, and, if the offenses are determined to be predatory, to complete a full evaluation, as specified. The bill would also set forth additional processes for information exchange between the designated county attorney and the DMH and its evaluators. By giving county attorneys additional duties, this bill would impose a state-mandated local program. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 independent professionals. If the evaluators agree, then a petition for civil commitment may be filed. If the evaluators do not agree, but one evaluator thinks that the person is eligible for commitment, then 2 new evaluations are arranged and a petition may not be filed unless both evaluators agree that the person meets the criteria. This bill would require, instead, that the reports of the 2 independent professionals be forwarded to the designated county attorney and would remove the requirement of evaluator agreement for the filing of the petition. The bill would require the designated county attorney to review the evaluations and, if he or she determines that the evaluation was based on omitted material information, to request that the DMH provide the evaluators with the information needed to determine if the conclusion of the report would be changed. The bill would require the DMH to comply with this request within a specified time period. Existing law provides for a procedure for petition for conditional release from civil commitment for a person who has been determined to be a sexually violent predator, including a court hearing. This bill would add requirements to this hearing process, including the right to be present, the right to a jury trial, the right of victims to testify, a requirement that the court or jury review all prior findings and orders in the case as part of the evidence, and a burden of proof on the state to prove beyond a reasonable doubt that the committed person's diagnosed mental disorder remains such that he or she is a danger to the health and safety of others and is likely to engage in sexually violent criminal behavior if discharged. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.