California 2013-2014 Regular Session Status: Enacted

SB 295 — Sexually violent predators: civil commitment.

Last action — Chaptered by Secretary of State. Chapter 182, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of State Hospitals when the secretary determines that the person may be a sexually violent predator and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. Existing law establishes provisions by which a committed person is annually reviewed to determine his or her status and by which the committed person may petition for conditional release or unconditional discharge. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, either by a 23 vote of the membership of each house, or by a majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would clarify which provisions are to be used when a committed person petitions for conditional release and which provisions are to be used when a committed person petitions for unconditional discharge and would make nonsubstantive, organizational changes to the provisions. The bill would also require the community program director designated by the State Department of State Hospitals to submit a report to the court in response to the petition that makes a recommendation as to the appropriateness of placement of the person in a state-operated forensic conditional release program before a hearing can be held. The bill would require, as part of the conditional release hearing, that a designated attorney represent the state and have the committed person evaluated by experts chosen by the state, and would give the committed person the right to the appointment of experts, if he or she so requests. The bill would also prohibit, if unconditional discharge is denied, the committed person from petitioning for unconditional discharge for one year. Existing law places the burden of proof in a hearing for conditional release on the petitioner, by a preponderance of the evidence. This bill, when the annual report determines that conditional release to a less restrictive alternative is in the best interest of the person and that conditions can be imposed that would adequately protect the community, would shift the burden of proof to the state to show, by a preponderance of the evidence, that conditional release is not appropriate. Existing law prohibits action on a petition for conditional release that was not made by the director of the treatment facility to which the person is committed without first obtaining the written recommendation of the director of the treatment facility. This bill would, instead, prohibit action on a petition for conditional release that was not made with the consent of the director of the treatment facility without first obtaining the written recommendation of the director of the treatment facility.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 182, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:30 p.m.

  4. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 1849.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 2483.) Ordered to the Senate.

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (July 3).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  11. Referred to Com. on PUB. S.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 39. Noes 0. Page 1093.) Ordered to the Assembly.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Do pass as amended. (Ayes 6. Noes 0. Page 989.) (May 20).

  16. Set for hearing May 20.

  17. Read second time and amended. Re-referred to Com. on APPR.

  18. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 756.) (April 30).

  19. Set for hearing April 30.

  20. Re-referred to Com. on PUB. S.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  22. Referred to Com. on RLS.

  23. From printer. May be acted upon on or after March 21.

  24. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Emmerson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Emmerson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB295 Emmerson Concurrence

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Lara — Yea
Monning — Yea
Steinberg — Yea
Wolk — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Hancock — Yea
De León — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Nielsen — Yea
Torres — Yea
Walters — Yea
Wright — Yea
Wyland — Yea
Hill — Yea
Knight — Yea
Corbett — Yea
Correa — Not Voting
Pavley — Yea
Roth — Yea
Vidak — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 295 Emmerson Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 66001
Democratic 7000
Republican 4000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mullin — Yea
Perea — Yea
Rendon — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Stone — Yea
Campos — Yea
Mansoor — Yea
Nazarian — Yea
Daly — Yea
Dickinson — Yea
Ting — Yea
Wagner — Yea
Chau — Yea
Chesbro — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
Gray — Yea
Mitchell — Yea
Holden — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Lowenthal — Yea
Atkins — Yea
Levine — Yea
Chávez — Not Voting
Medina — Yea
Ammiano — Yea
Bigelow — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Melendez — Yea
Morrell — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gonzalez — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Linder — Yea
Wagner — Yea
Campos — Yea
Donnelly — Yea
Gomez — Yea
Hall — Yea
Harkey — Yea
Holden — Yea
Bocanegra — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Eggman — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Knight — Yea
Lara — Yea
Lieu — Yea
Price — Yea
Emmerson — Yea
Correa — Yea
Galgiani — Yea
DeSaulnier — Yea
Hernandez — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Nielsen — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Beall — Yea
Cannella — Yea
Corbett — Yea
Evans — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
De León — Yea
Wright — Yea
Wyland — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Anderson — Yea
Block — Yea
Fuller — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Steinberg — Yea
De León — Yea
Lara — Not Voting
Walters — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 295 do?
Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a prisoner for evaluation by the State Department of State Hospitals when the secretary determines that the person may be a sexually violent predator and specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right to a jury trial. Existing law establishes provisions by which a committed person is annually reviewed to determine his or her status and by which the committed person may petition for conditional release or unconditional discharge. Proposition 83 of the November 7, 2006, statewide general election, made various changes to the sexually violent predator civil commitment process. Proposition 83 permits the Legislature to amend its provisions, either by a 23 vote of the membership of each house, or by a majority vote of the membership of each house if the amendments expand the scope of the application of the provisions of the proposition or increase the punishments or penalties provided in the proposition. This bill would clarify which provisions are to be used when a committed person petitions for conditional release and which provisions are to be used when a committed person petitions for unconditional discharge and would make nonsubstantive, organizational changes to the provisions. The bill would also require the community program director designated by the State Department of State Hospitals to submit a report to the court in response to the petition that makes a recommendation as to the appropriateness of placement of the person in a state-operated forensic conditional release program before a hearing can be held. The bill would require, as part of the conditional release hearing, that a designated attorney represent the state and have the committed person evaluated by experts chosen by the state, and would give the committed person the right to the appointment of experts, if he or she so requests. The bill would also prohibit, if unconditional discharge is denied, the committed person from petitioning for unconditional discharge for one year. Existing law places the burden of proof in a hearing for conditional release on the petitioner, by a preponderance of the evidence. This bill, when the annual report determines that conditional release to a less restrictive alternative is in the best interest of the person and that conditions can be imposed that would adequately protect the community, would shift the burden of proof to the state to show, by a preponderance of the evidence, that conditional release is not appropriate. Existing law prohibits action on a petition for conditional release that was not made by the director of the treatment facility to which the person is committed without first obtaining the written recommendation of the director of the treatment facility. This bill would, instead, prohibit action on a petition for conditional release that was not made with the consent of the director of the treatment facility without first obtaining the written recommendation of the director of the treatment facility.
Who sponsors SB 295?
SB 295 is sponsored by Emmerson.
What is the current status of SB 295?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track SB 295?
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