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AB 1641

Title: Sexually violent predators.
Author: Brian K. Maienschein

Summary
AB 1641, as introduced, Maienschein. Sexually violent predators. Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer certain people for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law requires, if the State Department of State Hospitals determines that a person is a sexually violent predator, 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 the use of documentary evidence of the commission of another sexual offense or offenses and the details underlying the commission of another sexual offense at the probable cause hearing and would prohibit that documentary evidence from being excluded on the basis that it is hearsay evidence.Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release for one year. Existing law authorizes the committed person, after a minimum of one year on conditional release, to petition the court for unconditional release, with or without the recommendation or concurrence of the Director of State Hospitals.This bill would instead require the court, if it makes that determination, to place the person on conditional release for a minimum of one year. The bill would authorize the person to petition for unconditional discharge after a minimum of one year on conditional release, but prior to the expiration of the term of conditional release ordered by the court, only with the recommendation or concurrence of the Director of State Hospitals, but would authorize the person to petition for unconditional discharge with or without the recommendation or concurrence of the Director of State Hospitals after the expiration of the term of conditional release ordered by the court. The bill would also require the State Department of State Hospitals to solicit input from local law enforcement agencies prior to submitting to the court a recommendation for, or proposing, a community placement location for a person and would require a person on conditional release or outpatient status to be monitored by a global positioning system until the person is unconditionally discharged.Existing law prohibits a committed person on conditional release from being placed within one-quarter mile of any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if the person is been convicted of certain sexual offenses or if the court finds that the committed person has a history of improper sexual conduct with children.This bill would instead prohibit all committed persons on conditional release from being placed within one-quarter mile of those schools, or within one-quarter mile of any public or private park that hosts youth activities, any public or private daycare center, or any community recreational center that hosts youth activities.Existing law authorizes a person committed to a state hospital or other treatment facility pursuant to certain provisions, including pursuant to the above-described provisions, to be placed on outpatient status for a term of one year or less.This bill would instead specify that, for a person committed as a sexually violent predator, the term of outpatient status shall be at least one year.

Status
Read first time. To print. 01/12/2022
From printer. May be heard in committee February 12. 01/13/2022

Bill Documents
AB 1641 - Introduced
01/12/22 - AB 1641 (Introduced)