Bill Text: CA SB787 | 2011-2012 | Regular Session | Introduced

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Bill Title: Mental health: sexually violent predators.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB787 Detail]

Download: California-2011-SB787-Introduced.html

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BILL NUMBER: SB 787	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Dutton

                        FEBRUARY 18, 2011

   An act to amend Section 6602 of the Welfare and Institutions Code,
relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 787, as introduced, Dutton. Mental health: sexually violent
predators.
   Existing law provides a process for the civil commitment of a
person who is determined by a court to be a sexually violent
predator, prior to his or her release from the custody of the
Department of Corrections and Rehabilitation.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6602 of the Welfare and Institutions Code is
amended to read:
   6602.  (a) A judge of the superior court shall review the petition
and shall determine whether there is probable cause to believe that
the individual named in the petition is likely to engage in sexually
violent predatory criminal behavior upon his or her release. The
person named in the petition shall be entitled to assistance of
counsel at the probable cause hearing. Upon the commencement of the
probable cause hearing, the person shall remain in custody pending
the completion of the probable cause hearing. If the judge determines
there is not probable cause, he or she shall dismiss the petition
and any person subject to parole shall report to parole. If the judge
determines that there is probable cause, the judge shall order that
the person remain in custody in a secure facility until a trial is
completed and shall order that a trial be conducted to determine
whether the person is, by reason of a diagnosed mental disorder, a
danger to the health and safety of others in that the person is
likely to engage in acts of sexual violence upon his or her release
from the jurisdiction of the Department of Corrections  and
Rehabilitation  or other secure facility.
   (b) The probable cause hearing shall not be continued except upon
a showing of good cause by the party requesting the continuance.
   (c) The court shall notify the State Department of Mental Health
of the outcome of the probable cause hearing by forwarding to the
department a copy of the minute order of the court within 15 days of
the decision.