Sexually violent predators.

Existing law provides that the Director of Mental Health shall provide each person who is committed as a sexually violent predator with an annual written report which shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional or unconditional release is in the best interests of the committed person and the community, as specified. Existing law also provides that if the department determines that the person is no longer a sexually violent predator or conditional release is in the best interests of the person and that conditions can be imposed to adequately protect the community, the director shall authorize the committed person to petition the court for conditional release or unconditional discharge, as specified. Existing law further provides that, upon receipt of a petition for conditional release or unconditional discharge, the court shall hold a show cause hearing to determine that probable cause exists to believe that the person's diagnosed mental disorder has so changed that he or she is not a danger or likely to engage in sexually violent criminal behavior if discharged. If probable cause is found, then the court shall set a hearing on the issue. This bill would require that, at the hearing on the issue of whether the committed person should be conditionally released or unconditionally discharged, where the person's failure to participate in or complete treatment is relied upon as proof that the person's condition has not changed, and there is evidence that supports that reliance, the jury be instructed that the committed person's failure to participate in or complete the State Department of Mental Health Sex Offender Commitment Program may, if proved, be considered evidence that his or her condition has not changed.