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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