Sexually violent predators.
What changed between versions
The bill now amends Welfare and Institutions Code Sections 6600 and 6601, adding an entirely new sexually violent predator component alongside the existing journalist protection provisions.
Coauthors Assembly Member Hoover and Senator Niello are added, and the legislative digest is updated to cover both the journalist protection and sexually violent predator subjects.
Section 6601 is amended so that the Executive Officer of the Board of Parole Hearings can now make SVP evaluation referrals in addition to the CDCR Secretary, and the referral criteria are expanded to cover persons serving indeterminate prison sentences (previously only determinate sentences or parole revocations qualified).
Section 6600 is amended to expand what counts as a qualifying prior conviction for SVP purposes: adds convictions that resulted in an indeterminate prison sentence, convictions where the person received probation, prior NGRI findings, mentally disordered sex offender findings, and juvenile commitments to the Division of Juvenile Facilities.
A new provision allows a prior juvenile adjudication (age 16 or older, committed to DJF) to count as a prior conviction for SVP purposes, and specifies that failure to provide specific treatment to a minor adjudged a ward of the court shall not bar an SVP determination.
New procedural requirements are added for SVP referrals: structured screening instruments, standardized assessment protocols, independent professional evaluations when evaluators disagree, 20-day advance notice for petition filing, and 15-day notification to State Hospitals of county decisions on whether to file petitions.
A new provision states that a probable cause finding under Section 6601.5 shall toll the person's parole if they are determined to be an SVP.
The bill now includes a state mandate reimbursement provision for the SVP-related local program costs, replacing the original no-reimbursement clause that only applied to the journalist protection section.