BILL NUMBER: AB 1176	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Spitzer

                        FEBRUARY 23, 2007

   An act relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1176, as introduced, Spitzer. Sexually violent predators.
   Existing law requires, prior to release from the custody of the
Department of Corrections and Rehabilitation of a person who has been
convicted of certain crimes of a sexual nature, the director to
refer that person to the State Department of Mental Health for
evaluation if the director determines that person may be a sexually
violent predator.
   Under existing law, if the evaluation by the State Department of
Mental Health determines that the person is a sexually violent
predator, the department is required to forward a request for the
filing of a petition to the counsel designated by the county in which
the person was convicted. The law authorizes civil commitment of the
person to the State Department of Mental Health as a sexually
violent predator, for treatment in a secure facility, if the person
is adjudicated to be likely to engage in sexually violent criminal
behavior if discharged.
   Existing law, as an initiative measure, may not be amended by the
Legislature, except by a 2/3 vote bill, or by a majority vote bill to
expand the scope of application of its provision or to increase the
punishment or penalties.
   This bill would declare the intent of the Legislature to
subsequently amend this bill to include provisions that would enact
the recommendations of the Governor's High Risk Sex Offender Task
Force relating to jurisdiction over conditional release petitions in
cases where the county of commitment and the county of domicile of a
sexually violent predator are different.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to subsequently
amend this measure to include provisions that would enact the
recommendations of the Governor's High Risk Sex Offender Task Force
relating to jurisdiction over conditional release petitions in cases
where the county of commitment and the county of domicile of a
sexually violent predator are different.