HomeMy Public PortalAboutResolution 95-34131
1
1
RESOLUTION NO. 95 -3413
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY CALLING ON THE STATE LEGISLATURE TO AMEND
SECTION 6250 OF THE WELFARE AND INSTITUTIONS CODE TO
PROVIDE A NEW CIVIL COMMITMENT AND COMMITMENT
PROCEDURE RELATIVE TO SEXUALLY VIOLENT FELONS
WHEREAS, there exists an extremely dangerous group of sexually violent predators in the State
prison population; and
WHEREAS, these sexual predators have personality disorders which can be identified while they
are incarcerated; and
WHEREAS, these persons are not safe to be at large; and
WHEREAS, these persons represent a serious danger to the health and safety of others if
released; and
WHEREAS, these persons are likely to engage in acts of sexual violence; and
' WHEREAS, current State law does not provide sufficient safeguards to protect Society from
sexual predators; and
WHEREAS, current State law mandates the release of sexual predators into communities even
though they pose an identifiable and serious danger to society.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY AS FOLLOWS:
SECTION 1. It is in the best interests of society to identify those individuals who pose an
unreasonable risk due to their personality disorders prior to the expiration of their terms of imprisonment,
and once identified, to be confined and treated until such time that it can be determined that they no
longer pose a threat to society.
SECTION 2. Support of an amendment to the Welfare and Institutions Code by creating an
Article relative to Civil Commitment and Civil Commitment Procedure of Sexually Violent Predators,
submitted as Exhibit "A" and made a part thereof.
SECTION 3. All local agencies are urged to take appropriate action to notify their State
legislative representatives and Governor that they are in support of this California Welfare and Institutions
Code amendment.
SECTION 4. The City Clerk is authorized and directed to transmit a copy of this resolution to
the Governor of California, local State representatives, the clerk of the Board of Supervisors, the League
of California Cities and cities in the San Gabriel Valley.
SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and the
same shall thereupon take effect and be in force.
Resolution No. 95 -3413
Page 2
APPROVED AND ADOPTED THIS 18th day of April, 1995.
r`.
MAYOR
ATTEST:
I hereby certify that the foregoing resolution, Resolution No. 95 -3413 was duly adopted by the City
Council of the City of Temple City at a regular meeting held on the 18th day of April, 1995, by the
following vote:
AYES: Councilman- Budds, Gillanders, Souder, Wilson, Breazeal
NOES: Councilman -None
ABSENT: Councilman-None
1
1
1
1
1
Sexually Violent Predator Civil Commitment Bill
THE PEOPLE OF THE STATE OF CALIFORNIA 00 ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that a small out
extremely dangerous group of sexually violent predators that generally nave
personality disorders can be identified while they are incarcerated. These
persons are not safe to be at large and. if released. represent a danger
the nealtn and safety of others, in that they are likely to engage in acts of
sexual violence.
The Legislature finds and declares that it iS in the
interest of society to identify these individuals prior to the expiration of
their terms of imprisonment. It is the intent of the Legislature tnat once
identified. these individuals. if found to be likely to commit acts of
sexually violent criminal behavior by clear and convincing. evidence. be
confined and treated until Such time that it can be determined they no longer
present a threat to society.
The Legislature further finds and declares that the
treatment needs of this population are very long term. and tne treatment
modalities tnat are appropriate for this population are substantially
different from those persons currently receiving mental health treatment under
tne Lanterman•Petris-Short Act (Part 1. commencing with Section 5000 of
Division 5 of the Welfare and Institutions Code) and. accordingly. a new civil
commitment needs to be established to address the treatment needs of this
population.
SECTION 2. Section 6250 of the Welfare and Institutions Code is amended
to read:
56250 As used in this part. "persons subject to judicial
commitment" means persons who may be judicially committed under
this part as mentally disordered sex offenders pursuant to Article
1 (commencing with Section 6300). sexually violent predators
pursuant to Article 4 (commencing with Section 6600). or mentally
retarded persons pursuant to Article 2 (commencing with Section
6500 of Chapter 2 of this part.
Nothing in this part shall be held to change or
interfere with the provisions of the Penal Code and other laws
relating to mentally disordered persons cnarged with crimes or to
the criminally insane.
This part shall be liberally construed so tnat. as far
as possible and consistent with the rights of persons subject to
commitment. those persons shall be treated. not as criminals. out
as Sick persons.
SECTION 3. Article 4 (commencing with Section 6600) is added to Chapter
2 of Part 2 of Division 6 of the Welfare and Institutions Code to read:
Article 4 Sexually Violent Predators
S6600 As used in this article; the following terms have the
following meanings:
(a) "Sexually violent predator" means a person who nas
been convicted of a sexually violent offense and rho nas a mental
abnormality or personality disorder that makes the person a danger
to the health and safety of others In that it is likely that he or
she will engage in sexually violent criminal behavior upon release
from State prison.
(b) "Sexually violent offense" means the following acts
committed on. before or after the effective date of this article:
a felony violation of Section 261. 262 or 264.1: subdivision (c).
(d). (f). (g). (i). (j). or (k) of Section 286: subdivision (c.
(d). (f). (g). (i). (j), or (k) of Section 288a: Section 288.5:
Subdivision (a). (b). (d). (e). (f), (g). or (j) of Section 289:
or Section 289.5 of the Penal Code where the violation s
accomplished against a person's will by means of force. violence.
duress. menace. or fear of immediate and unlawful bodily Injury =
the :erson of another, or where tne victim is under yaw s
age. Or a felony violation of Section 288 of tee ."e^ai Coce.
wnenever one or more of the following circumstances ,s true:
(1) The Derson nas been previously convicted of any felony
offense specified in Section 261. 252. 254.1. 286.
288a. 288.5. 289 or 289.5 of the Penal C :ce. •^cluoing
any conviction tnat qualifies under Section 668 of the
Penal Code. where the violation is accomplisned
against a person's will by means of force. violence.
duress. menace or fear of immediate and jnlawfu1
bodily injury on the person or anotner. or where t ^e
victim is under 14 years of age, or a felony violation
of Section 288 of the Penal Code.
(2) The person kidnapped the victim in violation of
Section 207. 208. or 209 of the Penal Code.
(3) The person inflicted great bodily injury on the victim
or another person during the commission of tne offense
in violation of Section 12022.7 or 12022.8 of the
Penal Code.
(4) The person committed the offense during the commission
of a burglary in violation of Section 459 of the Penal
Code.
(5) The person used a deadly or dangerous weapon or
firearm in the commission of the offense.
(6) The person is convicted of committing any offense
specified in this subdivision against more than one
victim of committing more than one of the offenses
specified in this subdivision against a victim who is
under 14 years of age. or of committing a felony
violation of Section 288 of the Penal Code.
(c) "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity tnat
predisposes the person to the commission of criminal sexual acts
in a degree constituting the person a menace to the Health and
safety of others.
(d) As used in this article. "danger to the health and
safety of others ". does not require proof of a recent overt act.
S6601 (a) Whenever the Director of Corrections determines that
an individual who is under the jurisdiction of the Department of
Corrections may be a sexually violent predator. the Director
Shall. at least six months prior to that individual's scheduled
date for release from prison or termination of parole. wnichever
Is applicable. refer the person for evaluation in accordance witn
this section.
(b) The person shall be evaluated by two practicing
psychiatrists or psychologists or one practicing psychiatrist and
one practicing psychologist designated by the Director of Mental
Health. If both evaluators concur that the person has a mental
abnormality or personality disorder such as .he or she is likely to
engage in acts of sexual violence without appropriate treatment
and custody. the Director of Mental Health shall forward a request
for a petition for commitment under Section 6602 of the county
designated in subdivision (1). Copies of the evaluation reports
and any other supporting documents shall be made available to tne
attorney designated by the county pursuant to subdivision (g) who
may file a petition fdr commitment.
(c) If one of the professional performing tne evaluation
Pursuant to subdivision (b) does not concur that the person meets
the criteria specified in subdivision (h) but the otner
professional concludes that the person meets those criteria. tne
Director of Mental Health shall arrange for further examination of
the person by two independent professionals selected in accordance
with subdivision (h).
(d) If an examination by independent professionals
Pursuant to subdivision (c) is concluded. a petition to request_
commitment under this article shall only be filed If Dot^
1
1
1
1
":epenoent proTessionals wno evaluate the person pursuant
suodivision (c) Concur tnat the person meets the criteria
commitment specified In SuDdivtsion (h). The professionals
selectea to evaluate the person pursuant to subdivision 'h) sna!i
inform the person that the purpose or tnelr examination '5 no*
treatment but to determine if tne person meets certain criteria to
:e involuntarily committed pursuant to tnis article. It is not
reautred that the. person appreciate or understand that
Information.
(e) If the person being evaluated for commitment unaer
this article is not currently in custody, the Director of
Corrections may cause the person to be brought into custody and
placed in a facility designated by the Director of Mental ,4eaith
to facilitate evaluation and treatment. and to ensure puolic
safety. The facility shall be located on tne grounds of an
institution under the jurisdiction of tne Department of
Corrections.
(f)
Superior Court of the county in0a hitch ntheSpersonb was ,convicted tof
the offens. for wnicn he or sne is under the jurisdiction of the
Department of Corrections. The petition shall be filed. and the
proceedings shall be handled. by either the district attorney or
the county counsel of that county. The county board of
supervisors shall designate either the district attorney or the
county counsel to assume responsibility for proceedings under this
article.
(g) The time limits set forth in subdivision (a) and
Section 6602 shall not apply during the first year that this
article is operative.
(h) Any independent professional who is designated by the
Director of Corrections or the Director of Mental Health for
purposes of this section 'shall have at least five (5) years of
experience in the diagnosis and treatment at mental disorders. and
shall include psychiatrists and licensed psychologists who have a
doctoral degree in psychology. The requirements set forth in this
section also shall apply to any professionals appointed by tne
court to evaluate the person for purposes of any other proceedings
under this article.
56602 A judge of the superior court shall review the
petition and shall determine whether there is probable cause to
believe that the individual named to the petition is likely to
engage in Sexually violent criminal behavior upon his or her
release if the judge determines there is not probable cause. he or
she shall dismiss the petition. If the judge determines that
there Is probable cause. the judge shall order that a trial be
conducted to determine whether the person is. by reason of mental
abnormality or personality disorder. a danger to the Health and
safety of others in that the person is likely to engage in acts of
Sexual violence upon his or her release from the jurisdiction of
the Department of Corrections.
S6603 (a) A person subject to this article shall be entitled to
a trial by court. the assistance of counsel. the right to retain
experts or professional persons to perform an examination on his
or her behalf. and have access to all relevant medical and
psychological records and reports. In the case of a person who is
indigent. the court shall appoint counsel to assist him or net-.
and upon the person's request. assist the person in obtaining an
expert or professional person to perform an • examination or
participate in the trial on the person's behalf.
(b) The State shall have the right to present as evidence.
the facts of the crimes committed by the person. except tnat any
crimes the State presents, that have not resulted in a conviction.
shall first be proved to be true by clear and convincing evidence.
(c) The State shall have the right to present as evidence.
lack of remorse. denial and failure to accept responsioiiity for
the crimes. and any acts of violence or any anti-social Denavior
committed by the person.
S6604. The court shall determine whether. oy clear
convincing evidence. the person is a sexually violent predator,
3
If the Court is not satisfied by clear and convincing evlcence
that the person is a sexually violent predator, the Court Snd;1
direct that tne person be released at the conclusion of the term
for which me or sne was initially sentenced. or tnat the person De
unconditionally released at the end of parole. wnicnever Is
applicable. If the court determines tnat tne person is a sexually
violent predator, the person Shall be committed to tne custody cf
the State Department of Mental Mealtn for appropriate treatment
and confinement in a secure facility designated Dy the Director Of
Mental Health until his or her mental abnormality or personality
disorder has so changed that he or she .is not likely to commit an
act of sexual violence. The facility shall be located on the
grounds of an institution under the jurisdiction of the Department
of Corrections.
S6605 (a) A person found to be a sexual violent predator and
committed to the custody of the State Department of Mental Health
shall have a current examination of his or her mental condition
made at least once every two years. The person may retain, or if
he or sne is indigent and so.requests. the court may appoint a
Qualified expert or professional person to examine him or her, and
the expert or professional person shall have access to all records
concerning the person.
(b) The director shall at least once every two years
provide the committed person with a written notice of his or ner
right to petition the court for conditional release under section
6608. The notice shalt contain a waiver of rights. The director
shall forward the notice and waiver form to the court with the
biannual report. If the person does not affirmatively waive his
or her right to petitio the court for conditional release. tne
court shall set a show cause hearing to determine whether facts
exist that warrant a hearing :n whether the person's condition has
so changed that he or She wou.d not be a danger to the health and
safety of others if discharges. The committed person shall have
the right to be present and to have avt attorney represent him or
her at the show cause hearing.
(c) At the hearing. the committed person shall have the
right to be present and shall be entitled to the benefit of all
constitutional protections that were afforded to him or her at the
initial commitment proceeding. The attorney designated by the
county pursuant to subdivision (f) of Section 6601 shall represent
the state and shall have the right to demand that the committed
person be evaluated by experts chosen by the state. The committed
person also shall have the right to have experts evaluate him or
her on his or her behalf. The court shall appoint an expert if
the person is indigent and requests an appointment. The burden of
proof at the hearing shall be on the state to prove by clear and
convincing evidence that the committed person's mental abnormality
or personality disorder remains such that he or she 1s a danger to
the health and safety of others and is likely to engage in
sexually violent criminal behavior if discharged.
56606 (a) A person who is committed under this article shall be
provided with programming by the State Department of Mental Health
which shall afford the person with treatment for the underlying
causes of his or her mental abnormality or personality disorder.
(b). Amenability to treatment is not required for a finding
that any - person -is a person described in Section 6600. nor is it
required for treatment of that person. Treatment does not mean
that the treatment be successful or potentially successful, nor
does it mean that the person must recognize h1S or her problem and
willingly participate in the treatment program.
S6607 (a) If the Oirector of Mental Health determines that tne
Person's mental abnormality or personality disorder has so changed
that the person is not likely to comfit acts of sexual violence
while under supervision and treatment in the community.
director shall forward to the county attorney designated
subdivision (f) of Section 6601 a request for the attorney :-
petition the court for conditional release.
(b) When a petition for conditional release IS filed :-
tne request of the Director Of Mental health. the court Snail -e:'
tne petition in accordance with the procedures set forth "
Section 6808.
1
1
S6608 (a) Nctn,ng this article small pronioit tme person .no
has been committed as a sexually violent predator from petitioning
the court for conditional release and suDsequent unconditional
discharge without the recommendation cr concurrence rf t-e
Director of Mental health. if a person nos previously filed a
petition for conditional release without the concurrence of the
director and the Court aeterminea. either upon review of tne
petition or following a nearing. that the petition was frivolous
or that the petitioner's condition had not so cnangea that me or
she would not De a danger to otners if placed unaer supervisicn
and treatment in the community. then the court shall deny the
subsequent petition unless it contains facts upon which a court
could find that the condition of the petitioner had so changes
that a hearing was warranted. Upon receipt of a first or
subsequent petition from a committed person without the
concurrence of the director. the court shall endeavor whenever
possible to review the petition and determine if it is based upon
frivolous ground sand if so. shall deny the petition without a
hearing.
(b) in no event snall a person who is committed pursuant
to this article be unconditionally released from commitment
until he or she has been placed in the community under supervision
and observation pursuant to this section for at least one-year.
(c) The court shall give notice of the hearing date to the
attorney designated in subdivision (f) of Section 6601. the
retained or appointed attorney for the committed person. and the
Director of Mental Health at least 15 court days before the
hearing date.
(d) No hearing upon the petition shall be held until the
person who is committed has been under commitment for confinement
and care in a facility designated by the Director of Mental Health
for not less than two years from the date of the order of
commitment.
(e) The court shall hold a hearing to determine whether
the person petitioning for conditional release would be a danger
to the health and safety of Others due to his or her mental
abnormality or personality disorder if under supervision and
treatment in the community. If the court at the hearing
determines that the petitioner would not be a danger to others due
to his or her mental abnormality or personality disorder while
under supervision and treatment In the community, the court shall
order the petitioner placed with an appropriate forensic
conditional release program operated by the state for one year. A
substantial portion of the state-operated forensic conditional
release program shall include out-patient supervision and
treatment. The court shall retain jurisdiction of the person
throughout the course of the program. At the end of one year. the
court.shall hold a hearing to determine if the person should be
unconditionally released from commitment on the basis that. by
reason of a mental abnormality or personality disorder. he or she
is not a danger to the health and safety of others. The court
shall not make this determination until the person has completed
at least one year in the state_ operated forensic conditional
release program. The court shall notify the director of Mental
Health of the hearing date.
(f) Before placing a petitioner in a . state operated
forensic conditional release program. the community program
director designated by the State Department of Mental Health ;h :11
submit a written recommendation to the court stating wricn
forensic conditional release program is most appropriate for
supervising and treating the petitioner. If the court does not
accept the community program director's recommendation, the Court
shall specify the reason or reasons for its order on the record.
The procedures described in Sections 1605 to 1610. inclusive. of
the Penal Code shall apply to tne person placed in the forensic
conditional release program.
(g) If the court determines that the person should :e
transferred to a state operated forensic conditional release
program. the community program director. or his or her designee.
shall make the necessary placement arrangements and. within 2:
days after receiving notice of tne court's finding. the oerscn
5
shall oe paces In the community in accordance with the treatment
ana supervision plan unless good cause for not Going so 's
presented to :ne court.
the court rules against tne petitioner at the tr•
a:
r unconaltional release from commitment. the court may place the
petitioner on outpatient Status in accordance with the proceaures
descripee in Title 15 (commencing with Section 1600) of part 2 of
:me Penal Coce.
(i) If the court Genies the petition to place tne oerson
in a appropriate forensic conditional release program or if tne
petition for unconaltlonal discharge is denied. the person may not
file a new application Jnttl two years nave elapsed from the gate
of the denial.
(j) In any hearing authorized by this section. the
Petitioner shall have the burden of proof by clear and convincing
evidence.
(k) ;f the netition for conditional release is net mace by
the medical director of the state nospitai or other treatment
facility to which.. the person is committed. no action on the
petition shall be taken by the court without first obtaining tne
written recommendation of the medical director of the state
hospital or otner treatment facility.
(1) Time spent in a community release program pursuant to
this section shall not count toward the term of commitment under
this article unless the person is confined in a locked facility
during a portion of the conditional release program. in which case
the time spent in a locked facility shall count toward tne term of
commitment.
SECTION 4. Notwithstanding Section 1761 of the Government Code. if the
Commission on State Mandates determines tnat : s act contains costs mandated
by the state reimbursement to local agencies and school districts for those
costs small be mace nurstio nt to part 7 (commencing with Section 17500) cf
division 4 of Title 2 of the Government Code. If the statewide cost of the
claim for reimbursement does not exceed one million dollars (21.000.000)
reimbursement shall be made form the State Mandates Claims Fund.
Notwithstanding Section 17530 of the Government Code. unless otherwise
specified in this act. the provisions of this act shall become operative on
the same date that the act takes effect pursuant to the California
Constitution.
:e..i2 /20/91
6
1
1