Bill Text: CA AB421 | 2011-2012 | Regular Session | Introduced
Bill Title: Mental health: sexually violent predators: civil
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB421 Detail]
Download: California-2011-AB421-Introduced.html
BILL NUMBER: AB 421 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Smyth
FEBRUARY 14, 2011
An act to amend Sections 6603 and 6604 of, and to add Section
6609.4 to, the Welfare and Institutions Code, relating to sexually
violent predators.
LEGISLATIVE COUNSEL'S DIGEST
AB 421, as introduced, Smyth. Mental health: sexually violent
predators: civil commitment proceedings.
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 2/3 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.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6603 of the Welfare and Institutions Code is
amended to read:
6603. (a) A person subject to this article shall be entitled to a
trial by jury, to the assistance of counsel, to the right to retain
experts or professional persons to perform an examination on his or
her behalf, and to have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent, the court shall appoint counsel to assist him or her, and,
upon the person's request, assist the person in obtaining an expert
or professional person to perform an examination or participate in
the trial on the person's behalf. Any right that may exist under this
section to request DNA testing on prior cases shall be made in
conformity with Section 1405 of the Penal Code.
(b) The attorney petitioning for commitment under this article
shall have the right to demand that the trial be before a jury.
(c) (1) If the attorney petitioning for commitment under this
article determines that updated evaluations are necessary in order to
properly present the case for commitment, the attorney may request
the State Department of Mental Health to perform updated evaluations.
If one or more of the original evaluators is no longer available to
testify for the petitioner in court proceedings, the attorney
petitioning for commitment under this article may request the State
Department of Mental Health to perform replacement evaluations. When
a request is made for updated or replacement evaluations, the State
Department of Mental Health shall perform the requested evaluations
and forward them to the petitioning attorney and to the counsel for
the person subject to this article. However, updated or replacement
evaluations shall not be performed except as necessary to update one
or more of the original evaluations or to replace the evaluation of
an evaluator who is no longer available to testify for the petitioner
in court proceedings. These updated or replacement evaluations shall
include review of available medical and psychological records,
including treatment records, consultation with current treating
clinicians, and interviews of the person being evaluated, either
voluntarily or by court order. If an updated or replacement
evaluation results in a split opinion as to whether the person
subject to this article meets the criteria for commitment, the State
Department of Mental Health shall conduct two additional evaluations
in accordance with subdivision (f) of Section 6601.
(2) For purposes of this subdivision, "no longer available to
testify for the petitioner in court proceedings" means that the
evaluator is no longer authorized by the Director of Mental Health to
perform evaluations regarding sexually violent predators as a result
of any of the following:
(A) The evaluator has failed to adhere to the protocol of the
State Department of Mental Health.
(B) The evaluator's license has been suspended or revoked.
(C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
(d) Nothing in this section shall prevent the defense from
presenting otherwise relevant and admissible evidence.
(e) If the person subject to this article or the petitioning
attorney does not demand a jury trial, the trial shall be before the
court without a jury.
(f) A unanimous verdict shall be required in any jury trial.
(g) The court shall notify the State Department of Mental Health
of the outcome of the trial by forwarding to the department a copy of
the minute order of the court within 72 hours of the decision.
(h) Nothing in this section shall limit any legal or equitable
right that a person may have to request DNA testing.
(i) In a jury trial pursuant to this section, each side shall have
the use of 10 peremptory challenges in selecting the jury.
SEC. 2. Section 6604 of the Welfare and Institutions Code is
amended to read:
6604. (a) The court or jury shall determine
whether, beyond a reasonable doubt, the person is a sexually violent
predator. If the court or jury is not satisfied beyond a reasonable
doubt that the person is a sexually violent predator, the court shall
direct that the person be released at the conclusion of the term for
which he or she was initially sentenced, or that the person be
unconditionally released at the end of parole, whichever is
applicable. If the court or jury determines that the person is a
sexually violent predator, the person shall be committed for an
indeterminate term to the custody of the State Department of Mental
Health for appropriate treatment and confinement in a secure facility
designated by the Director of Mental Health. The facility shall be
located on the grounds of an institution under the jurisdiction of
the Department of Corrections and Rehabilitation .
(b) An indeterminate term is necessary to address these offenders'
particular risk of reoffending, in that the prognosis for curing
sexually violent predators is poor, the treatment needs of this
population are very long term, and the treatment modalities for this
population are very different than the traditional treatment
modalities under Article 4 (commencing with Section 2960) of Chapter
7 of Title 1 of Part 3 of the Penal Code and the
Lanterman-Petris-Short Act (Chapter 1 (commencing with Section 5000)
of Part 1 of Division 5 of this code and for persons pleading not
guilty by reason of insanity, as provided for in Sections 1026 to
1027, inclusive, of the Penal Code.
SEC. 3. Section 6609.4 is added to the Welfare and Institutions
Code, to read:
6609.4. Notwithstanding other provisions of law, for purposes of
the proceedings required in Sections 6601, 6603, 6605, and 6608, the
attorney designated pursuant to subdivision (i) of Section 6601 shall
have access to all records concerning the person that is the subject
of these proceedings upon written request to the agency or
institution having custody, control, or possession of the records,
without the necessity of a court order.
