California 2013-2014 Regular Session Status: Enacted

AB 1607 — Sexually violent predators.

Last action — Chaptered by Secretary of State - Chapter 877, Statutes of 2014.

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

This bill has been enacted into law. Introduced February 05, 2014. 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 8 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 may petition for conditional release. Existing law requires the court, if it decides a petition for conditional release is not frivolous, to give notice, as specified, at least 30 court days prior to the hearing date for the petition. Existing law requires a person who is conditionally released pursuant these provisions to be placed in the county of the domicile of the person prior to the person's incarceration, unless the court finds that extraordinary circumstances require placement outside the county of domicile. This bill would recast these provisions to require the court, if it determines that the petition is not frivolous, to give notice of the court's intention to conduct a conditional release hearing. The bill would require the person petitioning for conditional release, the Director of State Hospitals, and the designated attorney of the county of commitment to notify the court within 30 court days of receipt of this notice if it appears that a county other than the county of commitment may be the county of domicile. The bill would provide that the court's determination of the county of domicile would govern the current petition for conditional release, and would apply to any subsequent petitions for conditional release. The bill would require that after determining the county of domicile, the court set a date for the conditional release hearing and provide notice, as specified. The bill would authorize the designated attorney for the county of domicile and the designated attorney for the county of commitment, as defined, to mutually agree that the designated attorney for the county of domicile will represent the state at the conditional release hearing if the county of domicile is different than the county of commitment. If the designated attorneys do not make that agreement, the bill would provide that the designated attorney for the county of commitment will represent the state at the conditional release hearing, as specified. The bill would provide that if the committed person has been conditionally released in a county other than the county of commitment, the jurisdiction of the person would be transferred to the court of the county of placement, unless the designated attorney in the county of placement objects, as provided. The bill would additionally require that a person who is conditionally released pursuant to these provisions be placed in the county of the domicile of the person prior to the person's incarceration, unless the designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, as specified. By imposing additional duties on counties in regard to conditional releases of committed persons, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 877, Statutes of 2014.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6561.).

  5. Assembly Rule 77 suspended. (Page 6550.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4858.).

  8. Read second time. Ordered to third reading.

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

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

  11. From committee: Do pass as amended. (Ayes 5. Noes 0.) (August 14).

  12. In committee: Placed on APPR. suspense file.

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

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 24).

  15. Referred to Com. on PUB. S.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 5100.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 17. Noes 0.) (May 14).

  20. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  21. Read second time. Ordered to third reading.

  22. Measure version as amended on May 6 corrected.

  23. Read second time and amended. Ordered to second reading.

  24. From committee: Do pass as amended. (Ayes 7. Noes 0.) (April 29).

  25. In committee: Hearing postponed by committee.

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  29. Referred to Com. on PUB. S.

  30. From printer. May be heard in committee March 8.

  31. Read first time. To print.

Sponsors

  • Fox · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Fox

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

AB 1607 FOX Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70002
Democratic 4000
Republican 3000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Not Voting
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Ridley-Thomas — Yea
Wagner — Yea
Conway — Yea
Gomez — Yea
Campos — Yea
Gordon — Yea
Gorell — Yea
Chau — Yea
Hagman — Yea
Hall — Yea
Holden — Yea
Chesbro — Yea
Allen — Yea
Bonilla — Yea
Logue — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Gray — Yea
Pan — Yea
Quirk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Rendon — Yea
Lowenthal — Yea
Alejo — Yea
Bloom — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Rodriguez — Yea
Skinner — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Gatto — Yea
Bigelow — Yea
Jones-Sawyer — Yea
Levine — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Dababneh — Yea
Dickinson — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1607 Fox By Lieu

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Block — Yea
Lieu — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Evans — Yea
Wright — Not Voting
Wyland — Yea
Galgiani — Yea
Hancock — Not Voting
Mitchell — Yea
De León — Yea
Hernandez — Yea
Cannella — Yea
Hill — Yea
Hueso — Not Voting
Huff — Yea
Corbett — Yea
Correa — Yea
Knight — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4002
Democratic 1000
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Hill — Yea
Walters — Not Voting
De León — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Not Voting
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1607 FOX Assembly Third Reading

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 68004
Democratic 4000
Republican 3000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Skinner — Yea
Waldron — Yea
Williams — Yea
Allen — Yea
Lowenthal — Yea
Frazier — Yea
Gatto — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Hall — Yea
Holden — Yea
Levine — Yea
Logue — Yea
Medina — Yea
Bocanegra — Yea
Melendez — Yea
Mullin — Yea
John A. Pérez — Yea
Salas — Yea
Nazarian — Yea
Nestande — Yea
Chesbro — Yea
Pan — Yea
Bonilla — Not Voting
Alejo — Yea
Bigelow — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Quirk — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Wilk — Yea
Harkey — Not Voting
Dickinson — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Republican 1000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bradford — Yea
Linder — Yea
Wagner — Yea
Bocanegra — Yea
Campos — Yea
Gomez — Yea
Holden — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Ammiano — Yea
Skinner — Yea
Jones-Sawyer — Yea
Melendez — Yea
Quirk — Yea
Waldron — Yea
Mark Stone — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1607 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 may petition for conditional release. Existing law requires the court, if it decides a petition for conditional release is not frivolous, to give notice, as specified, at least 30 court days prior to the hearing date for the petition. Existing law requires a person who is conditionally released pursuant these provisions to be placed in the county of the domicile of the person prior to the person's incarceration, unless the court finds that extraordinary circumstances require placement outside the county of domicile. This bill would recast these provisions to require the court, if it determines that the petition is not frivolous, to give notice of the court's intention to conduct a conditional release hearing. The bill would require the person petitioning for conditional release, the Director of State Hospitals, and the designated attorney of the county of commitment to notify the court within 30 court days of receipt of this notice if it appears that a county other than the county of commitment may be the county of domicile. The bill would provide that the court's determination of the county of domicile would govern the current petition for conditional release, and would apply to any subsequent petitions for conditional release. The bill would require that after determining the county of domicile, the court set a date for the conditional release hearing and provide notice, as specified. The bill would authorize the designated attorney for the county of domicile and the designated attorney for the county of commitment, as defined, to mutually agree that the designated attorney for the county of domicile will represent the state at the conditional release hearing if the county of domicile is different than the county of commitment. If the designated attorneys do not make that agreement, the bill would provide that the designated attorney for the county of commitment will represent the state at the conditional release hearing, as specified. The bill would provide that if the committed person has been conditionally released in a county other than the county of commitment, the jurisdiction of the person would be transferred to the court of the county of placement, unless the designated attorney in the county of placement objects, as provided. The bill would additionally require that a person who is conditionally released pursuant to these provisions be placed in the county of the domicile of the person prior to the person's incarceration, unless the designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, as specified. By imposing additional duties on counties in regard to conditional releases of committed persons, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1607?
AB 1607 is sponsored by Fox.
What is the current status of AB 1607?
This bill has been enacted into law. Introduced February 05, 2014. Enacted.
Where can I track AB 1607?
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