SB 841

Bill Subjects

Abstract

Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the county's designated counsel, as specified, when the department makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator has petitioned a court for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court for subsequent unconditional discharge, and a community placement is recommended or proposed. Existing law requires a sexually violent predator who is conditionally released to be placed in the county that was the person's county of domicile prior to the person's incarceration, unless extraordinary circumstances exist requiring placement outside the county, as specified. This act, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the county's executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified. This bill would declare that it is to take effect immediately as an urgency statute.