Mental health: sexually violent predators.

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department's jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator.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 a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. This bill would additionally provide that if the person who is the subject of the petition for commitment is convicted of an offense that is not a sexually violent offense while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals prior to resolution of the commitment petition, the jurisdiction for the petition for commitment would remain with the county in which the person was convicted of the offense for which he or she was committed to the jurisdiction of the department. The bill would provide that if the person who is the subject of the petition for commitment is convicted of a subsequent sexually violent offense while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals prior to the resolution of the first commitment petition, the jurisdiction for the subsequent petition for commitment would be the county in which the subsequent sexually violent offense occurred. By imposing additional duties on counties regarding commitment of persons as sexually violent predators who have committed additional offenses while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.