BILL ANALYSIS SENATE COMMITTEE ON CRIMINAL PROCEDURE Senator Milton Marks, Chair S 1995-96 Regular Session B 2 1 SB 2161 (Leslie) 6 As amended August 28, 1996 1 Hearing date: August 31, 1996 Welfare & Institutions Code LK:ll SEXUALLY VIOLENT PREDATORS HISTORY Source: Governor Prior Legislation: AB 3130 (1996) -- In Assembly. for concurrence AB 1496 (1996) -- Chaptered SB 1143 (1995) -- Chaptered AB 888 (1995) -- Chaptered Support: Unknown Opposition: California Attorneys for Criminal Justice Assembly Floor Vote: Ayes 62 - Noes 0 NOTE: THIS BILL IS BEFORE THE COMMITTEE PURSUANT TO SENATE RULE 29.10 BECAUSE THE ASSEMBLY AMENDMENTS CREATED A NEW BILL. THE COMMITTEE BY A MAJORITY VOTE OF THE MEMBERSHIP MAY EITHER (1) HOLD THE BILL, OR (2) RETURN THE BILL TO THE SENATE FLOOR - WITH A RECOMMENDATION TO CONCUR OR NOT CONCUR - FOR CONSIDERATION OF THE ASSEMBLY AMENDMENTS. THIS ANALYSIS REFLECTS ONLY THE AMENDMENTS TO THIS BILL TAKEN IN THE ASSEMBLY. (More) SB 2161 (Leslie) Page 2 (More) SB 2161 (Leslie) Page 3 KEY ISSUE SHOULD THE DEFINITION OF "SEXUALLY VIOLENT PREDATOR" BE EXPANDED TO INCLUDE SPECIFIED NONVIOLENT SEXUAL OFFENSES ON A VICTIM UNDER THE AGE OF 14? PURPOSE Existing law, enacted last year, provides for the civil commitment of sexually violent predators. (AB 888, Rogan, Chapter 763; SB 1143, Mountjoy, Chapter 762.) A sexually violent predator is defined as a person who has been convicted of a specified sexually violent offense against two or more victims for which he or she received a determinate prison sentence and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others. A sexually violent offense includes specified sexual acts committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. (Penal Code Section 6600.) When the Director of Corrections determines that an individual who is in custody under the jurisdiction of the Department of Corrections, and who is either serving a determinate prison sentence or whose parole has been revoked, may be a sexually violent predator, the director is required, at least six months prior to the individual's scheduled release date, to refer the person to the Department of Mental Health (DMH) for evaluation. (Penal Code Section 6601.) Existing law provides for a hearing procedure to determine whether there is probable cause to believe that a person who is the subject of a petition for civil commitment as a sexually violent predator is likely to engage in sexually violent predatory criminal behavior upon his or her release from prison. (Penal Code Section 6602.) (More) SB 2161 (Leslie) Page 4 Existing law provides for a jury trial, with a determination beyond a reasonable doubt that the person is a sexually violent predator. Upon such a finding, the person will be held for two years or until the Director of Mental Health finds that the person's mental abnormality is so changed that he or she is not likely to commit a sexual violent offense. The committed person has the right to a review after one year. This process may be repeated every two years without limit. (Penal Code Section 6603 et. seq.) (More) Assembly Bill 3130 (Boland) would expand the definition of a "sexually violent predator" to include persons who have a prior finding of not guilty by reason of insanity, who were convicted under indeterminate sentencing law, or who have an out-of-state conviction, for one of the specified offenses, or who were designated as Mentally Disordered Sex Offenders under that program. That bill is currently in the Assembly for concurrence in Senate amendments. This bill would additionally expand the definition of a "sexually violent predator" to include any offense listed in the existing definition, whether or not violent, when the victim is a child under the age of 14 and the act or acts involve substantial sexual conduct. The purpose of this bill is to include specified nonviolent sexual offenses against children in the list of offenses actionable under the sexually violent predator civil commitment statutes. COMMENTS 1. Purpose of the Bill. This bill is the result of a case in Contra Costa County in which a judge determined that the sexually violent predator statute did not apply to a three-time convicted child molester who committed nonviolent offenses. The statute specifically applies to violent offenses. 2. Substantial Sexual Conduct. "Substantial sexual conduct" is defined in the bill as: [P]enetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object, oral copulation, or masturbation of either the victim or the offender. (More) SB 2161 (Leslie) Page 6 This definition is taken from existing Penal Code Section 1203.066. 3. Expansion of Civil Commitment Law to Nonviolent Felonies. In opposition to this bill, California Attorneys for Criminal Justice is concerned that the civil commitment procedure for sexually violent predators was carefully crafted to be as narrow as possible and to apply only to the most violent predators. It notes that there was agreement between the various parties that the statute would only apply to violent offenses. SHOULD THE CIVIL COMMITMENT PROCESS FOR SEXUALLY VIOLENT PREDATORS BE EXPANDED TO INCLUDE NONVIOLENT OFFENSES? IF SO, SHOULD THE STATUTE REFER TO "SEXUAL PREDATORS" RATHER THAN TO "SEXUALLY VIOLENT PREDATORS"? ***************