AB 768

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 authorizes the conditional release of a sexually violent predator under specified circumstances. Existing law requires that a person who is conditionally released must be released to his or her county of domicile unless extraordinary circumstances, as defined, are present. 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. This bill would prohibit a sexually violent predator who has been granted conditional release from being released as a transient in any county or being placed in housing that consists of a recreational or other vehicle. The bill would also declare that extraordinary circumstances justifying the placement of a person who has been granted conditional release in a county other than his or her county of domicile are present when housing, as specified, cannot be located within the county of domicile within 180 days of a court ordering that the person be conditionally released.