Bill Text: CA SB760 | 2011-2012 | Regular Session | Chaptered
Bill Title: Sexually violent predators: evaluations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2012-09-29 - Chaptered by Secretary of State. Chapter 790, Statutes of 2012. [SB760 Detail]
Download: California-2011-SB760-Chaptered.html
BILL NUMBER: SB 760 CHAPTERED
BILL TEXT
CHAPTER 790
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2012
APPROVED BY GOVERNOR SEPTEMBER 29, 2012
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 20, 2012
AMENDED IN ASSEMBLY JUNE 28, 2012
AMENDED IN ASSEMBLY JUNE 18, 2012
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY JUNE 28, 2011
AMENDED IN SENATE MAY 25, 2011
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senators Alquist and Pavley
(Coauthor: Assembly Member Galgiani)
FEBRUARY 18, 2011
An act to amend Section 6603 of the Welfare and Institutions Code,
relating to mental health, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 760, Alquist. Sexually violent predators: evaluations.
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.
Under existing law, persons to be evaluated for civil commitment are
evaluated by 2 practicing psychiatrists or psychologists, or one
practicing psychiatrist and one practicing psychologist, designated
by the Director of State Hospitals. If the evaluators agree, then a
petition for civil commitment may be filed.
Existing law specifies the judicial processes necessary for civil
commitment as a sexually violent predator, including, but not
limited to, the right by the attorney petitioning for commitment to
demand a jury trial and request the State Department of State
Hospitals to perform updated evaluations. If one or more of the
original evaluators is no longer available to testify for the
petitioner in court proceedings, existing law authorizes this
attorney to request the State Department of State Hospitals to
perform replacement evaluations. Existing law defines when an
evaluator is no longer available to testify for this purpose.
This bill would include, with a specified exception, an
independent professional or state employee who has served as the
evaluator who has resigned or retired and has not entered into a new
contract to continue as an evaluator in the case within the
definition of an evaluator who is no longer available to testify.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 State Hospitals 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 State Hospitals to perform replacement
evaluations. When a request is made for updated or replacement
evaluations, the State Department of State Hospitals 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 State Hospitals 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 State Hospitals
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 State Hospitals.
(B) The evaluator's license has been suspended or revoked.
(C) The evaluator is unavailable pursuant to Section 240 of the
Evidence Code.
(D) The independent professional or state employee who has served
as the evaluator has resigned or retired and has not entered into a
new contract to continue as an evaluator in the case, unless this
evaluator, in his or her most recent evaluation of the person subject
to this article, opined that the person subject to this article does
not meet the criteria for commitment.
(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 State Hospitals
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) Nothing in subparagraph (D) of paragraph (2) of subdivision
(c) shall be construed to affect the authority of the State
Department of State Hospitals to conduct two additional evaluations
when an updated or replacement evaluation results in a split opinion.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect communities from a public safety threat, it is
necessary that this act take effect immediately.
