AB 1983

Bill Subjects

Abstract

Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator, as defined. Existing law requires the Secretary of the Department of Corrections and Rehabilitation 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who is in custody under that department's jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department 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 State Department of State Hospitals for a full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment. Existing law requires a judge of the superior court to review the petition and to determine whether there is probable cause to believe that the individual is likely to engage in sexually violent predatory criminal behavior upon release. This bill would authorize, at the probable cause hearing, the existence of evidence of any prior conviction of another sexual offense or offenses and the details underlying the commission of another sexual offense that led to a prior conviction to be shown by documentary evidence.