CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 832Introduced by Senator Jones(Coauthors: Senators Alvarado-Gil and Grove)(Coauthors: Assembly Members Megan Dahle and Gallagher)February 17, 2023An act to amend Section 6608.5 of, and to add Section 6609.4 to, the Welfare and Institutions Code, relating to sexually violent predators, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 832, as introduced, Jones. Sexually violent predators.Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. 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. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the persons county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.This bill would prohibit the placement of a person released on conditional release within 5 miles of federal land, as defined.Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the countys designated counsel under specific circumstances, including when it makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator.This bill, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the countys executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.SEC. 2. Section 6609.4 is added to the Welfare and Institutions Code, to read:6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.SEC. 3. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect the public and ensure greater transparency in the placement of sexually violent predators in communities at the earliest possible time, it is necessary for this act to take effect immediately.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 832Introduced by Senator Jones(Coauthors: Senators Alvarado-Gil and Grove)(Coauthors: Assembly Members Megan Dahle and Gallagher)February 17, 2023An act to amend Section 6608.5 of, and to add Section 6609.4 to, the Welfare and Institutions Code, relating to sexually violent predators, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 832, as introduced, Jones. Sexually violent predators.Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. 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. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the persons county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.This bill would prohibit the placement of a person released on conditional release within 5 miles of federal land, as defined.Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the countys designated counsel under specific circumstances, including when it makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator.This bill, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the countys executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 832
Introduced by Senator Jones(Coauthors: Senators Alvarado-Gil and Grove)(Coauthors: Assembly Members Megan Dahle and Gallagher)February 17, 2023
Introduced by Senator Jones(Coauthors: Senators Alvarado-Gil and Grove)(Coauthors: Assembly Members Megan Dahle and Gallagher)
February 17, 2023
An act to amend Section 6608.5 of, and to add Section 6609.4 to, the Welfare and Institutions Code, relating to sexually violent predators, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 832, as introduced, Jones. Sexually violent predators.
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. 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. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the persons county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.This bill would prohibit the placement of a person released on conditional release within 5 miles of federal land, as defined.Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the countys designated counsel under specific circumstances, including when it makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator.This bill, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the countys executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified.This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. 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. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the persons county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1/4 mile of any public or private school, as specified.
This bill would prohibit the placement of a person released on conditional release within 5 miles of federal land, as defined.
Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law requires the State Department of State Hospitals to notify the sheriff or chief of police, or both, the district attorney, or the countys designated counsel under specific circumstances, including when it makes a recommendation to the court for community outpatient treatment for a person committed as a sexually violent predator.
This bill, the Sexually Violent Predator Accountability, Fairness, and Enforcement Act, would require the State Department of State Hospitals to take specified actions regarding the placement of sexually violent predators in communities, including notifying the countys executive officer of the placement location, as specified, and preparing an annual report on, among other things, the number and location of sexually violent predators under department supervision. The bill would require the State Department of State Hospitals, the Department of Corrections and Rehabilitation, and the Department of Forestry and Fire Protection to report to the Governor and the Legislature the status of quarters available for placement of sexually violent predators, as specified.
This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
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) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.SEC. 2. Section 6609.4 is added to the Welfare and Institutions Code, to read:6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.SEC. 3. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect the public and ensure greater transparency in the placement of sexually violent predators in communities at the earliest possible time, it is necessary for this act to take effect immediately.
The people of the State of California do enact as follows:
## 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) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.
SECTION 1. Section 6608.5 of the Welfare and Institutions Code is amended to read:
### SECTION 1.
6608.5. (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.
6608.5. (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.
6608.5. (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.(2) The court finds that the person has a history of improper sexual conduct with children.(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.
6608.5. (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the persons diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the their county of domicile of the person prior to the persons incarceration, prior to their incarceration unless both of the following conditions are satisfied:
(1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6.
(2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, county according to procedures set forth in Section 6609.1.
(b) (1) For the purposes of this section, county of domicile means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California drivers license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that persons name and address, or information contained in an arrest record, probation officers 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 the person was last incarcerated in the state prison or from which the person was last returned from parole.
(2) In a case where When 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 in which 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 departments 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, article and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code.
(d) (1) The counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide assistance and consultation in the departments 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 persons potential or expected conditional release under Section 6608, the counsel for the committed individual, the sheriff or the chief of police of the locality for placement, and the county counsel and the district attorney of the county of domicile, or their designees, shall provide appropriate contact information for their respective office to the department, department at least 60 days before the date of the potential or expected release.
(2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released.
(3) The court may order a status conference to evaluate the departments progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear.
(4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment.
(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 victims 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 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 law, a person released under this section shall not be placed within one-quarter mile of any a 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, of the Penal Code or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, of the Penal Code.
(2) The court finds that the person has a history of improper sexual conduct with children.
(g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to an extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings.
(2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply.
(3) For the purpose of this section, county of placement means the county where the court orders the committed person to be placed for conditional release.
(4) For the purpose of this section, designated attorney of the county of placement means the attorney designated in subdivision (l) (i) of Section 6601 in the county of placement.
(5) This section shall not be construed to does not negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement.
(h) (1) Notwithstanding any other law, a person released under this section shall not be placed within five miles of federal land.
(2) As used in this subdivision, federal land has the same meaning as Indian country as defined Section 1151 of Title 18 of the United States Code.
SEC. 2. Section 6609.4 is added to the Welfare and Institutions Code, to read:6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.
SEC. 2. Section 6609.4 is added to the Welfare and Institutions Code, to read:
### SEC. 2.
6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.
6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.
6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.
6609.4. (a) This act shall be known, and may be cited, as the Sexually Violent Predator Accountability, Fairness, and Enforcement Act.
(b) (1) The Legislature finds and declares that the placement of sexually violent predators has historically been done in secret and deceptive ways by the state. Sexually violent predators have been dumped in residential neighborhoods, which has caused numerous problems for these neighborhoods and wasted tax dollars. Additionally, the state has often placed far too many sexually violent predators in the same areas, overburdening specific communities.
(2) It is the intent of the Legislature, in enacting this measure, that the placement of sexually violent predators be more equitable and transparent.
(c) Notwithstanding any other law, the State Department of State Hospitals shall do all of the following:
(1) Prior to any action by the department or a vendor regarding the placement of a sexually violent predator in a specific location in a county, the Director of State Hospitals shall verify with the countys executive officer the supervisorial district in which placement is proposed.
(2) The Director of State Hospitals shall prepare an annual report on the number of sexually violent predators under department supervision and specify in which counties and supervisorial districts the sexually violent predators are located. The department shall post the annual report on its internet website and make the report available to the public by March 15 of each year.
(3) The Director of State Hospitals is responsible for ensuring that department vendors consider public safety as the overriding consideration in the placement of a sexually violent predator.
(4) The Director of State Hospitals shall approve a potential placement before a department employee or vendor signs a lease or rental agreement regarding the placement of a sexually violent predator.
(d) The Director of State Hospitals, the Secretary of the Department of Corrections and Rehabilitation, and the Director of Forestry and Fire Protection shall report to the Governor and the Legislature, by December 31, 2023, the status of trailers or other suitable placement quarters available at their properties for potential placement of sexually violent predators.
SEC. 3. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect the public and ensure greater transparency in the placement of sexually violent predators in communities at the earliest possible time, it is necessary for this act to take effect immediately.
SEC. 3. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to protect the public and ensure greater transparency in the placement of sexually violent predators in communities at the earliest possible time, it is necessary for this act to take effect immediately.
SEC. 3. 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 3.
In order to protect the public and ensure greater transparency in the placement of sexually violent predators in communities at the earliest possible time, it is necessary for this act to take effect immediately.