Summary
(1) Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. Existing law exempts a person convicted of certain offenses involving a minor from mandatory registration under the act if, at the time of the offense, the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. This bill would repeal that exemption. (2) Existing law, as amended by Proposition 57, an initiative measure approved by the voters at the November 8, 2016, statewide general election, removed the requirement that a person 14 years of age or older who commits certain severe crimes be automatically tried in adult court and requires that specified youth have a transfer hearing in juvenile court before they can be transferred to adult court. Proposition 57 also limited the criteria for which a juvenile transfer hearing may occur, including a youth committing specified crimes when they were 14 or 15 years of age or a felony when they were 16 or 17 years of age. This bill would repeal the changes enacted by Proposition 57. The bill would also make technical and conforming changes. (3) 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 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 person's 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 14 mile of any public or private school, as specified. The bill would require the State Department of State Hospitals to ensure department vendors consider public safety as the overriding consideration in the placement of a conditionally released sexually violent predator and approve a potential placement before a department employee or vendor signs a lease or rental agreement for the placement of a sexually violent predator, as specified. The bill would prohibit the placement of a person released on conditional release within an area zoned for residential use in the general plan of a city or county and within 3 miles of tribal land, except as specified. The bill would require the department to have proof of housing before conditionally releasing a sexually violent predator. (4) This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the next statewide primary election.
