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AB-768 Sexually violent predators: conditional release.(2013-2014)

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Amended  IN  Assembly  April 16, 2013
Amended  IN  Assembly  March 19, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 768


Introduced by Assembly Member Achadjian

February 21, 2013


An act to amend Section 6608.5 of the Welfare and Institutions Code, relating to sexually violent predators.


LEGISLATIVE COUNSEL'S DIGEST


AB 768, as amended, Achadjian. Sexually violent predators: conditional release.
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 authorizes the conditional release of a sexually violent predator under specified circumstances. Existing law requires that a person who is conditionally released must be released to his or her county of domicile unless extraordinary circumstances, as defined, are present. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, 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 prohibit a sexually violent predator who has been granted conditional release from being released as a transient in any county. county or being placed in housing that consists of a recreational or other vehicle. The bill would also declare that extraordinary circumstances justifying the placement of a person who has been granted conditional release in a county other than his or her county of domicile are present when housing, as specified, cannot be located within the county of domicile within 180 days of a court ordering that the person be conditionally released.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6608.5 of the Welfare and Institutions Code is amended to read:

6608.5.
 (a) A person who is conditionally released pursuant to this article shall be placed in the county of the domicile of the person prior to the person’s incarceration, unless the court finds that extraordinary circumstances require placement outside the county of domicile. Under no circumstances shall a person who is granted conditional release be released as a transient in any county. county or placed in housing that consists of a recreational or other vehicle.
(b) (1) For the purposes of this section, “county of domicile” means the county where the person has his or her true, fixed, and permanent home and principal residence and to which he or she has manifested the intention of returning whenever he or she is absent. For the purposes of determining the county of domicile, the court may consider information found on a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or information contained in an arrest record, probation officer’s report, trial transcript, or other court document. If no information can be identified or verified, the county of domicile of the individual shall be considered to be the county in which the person was arrested for the crime for which he or she was last incarcerated in the state prison or from which he or she was last returned from parole.
(2) In a case where the person committed a crime while being held for treatment in a state hospital, or while being confined in a state prison or local jail facility, the county wherein that facility was located shall not be considered the county of domicile unless the person resided in that county prior to being housed in the hospital, prison, or jail.
(c) For the purposes of this section, “extraordinary circumstances” means circumstances that would inordinately limit the department’s ability to effect conditional release of the person in the county of domicile in accordance with Section 6608 or any other provision of this article, and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code. Extraordinary circumstances shall be deemed present when fixed, permanent housing that does not consist of a recreational or other vehicle cannot be located within the county of domicile within 180 days of a court ordering that the person be conditionally released.
(d) The county of domicile shall designate a county agency or program that will provide assistance and consultation in the process of locating and securing housing within the county for persons committed as sexually violent predators who are about to be conditionally released under Section 6608. Upon notification by the department of a person’s potential or expected conditional release under Section 6608, the county of domicile shall notify the department of the name of the designated agency or program, at least 60 days before the date of the potential or expected release.
(e) In recommending a specific placement for community outpatient treatment, the department or its designee shall consider all of the following:
(1) The concerns and proximity of the victim or the victim’s next of kin.
(2) The age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement. For purposes of this subdivision, the “profile” of a victim includes, but is not limited to, gender, physical appearance, economic background, profession, and other social or personal characteristics.
(f) Notwithstanding any other provision of law, a person released under this section shall not be placed within one-quarter mile of any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if either of the following conditions exist:
(1) The person has previously been convicted of a violation of Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, the Penal Code.
(2) The court finds that the person has a history of improper sexual conduct with children.