AB 1906: Mental health: sexually violent predators.

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that departments jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the State Department of State Hospitals for a full evaluation. Existing law authorizes the board, upon a showing of good cause, as defined, to order that the person referred to the State Department of State Hospitals remain in custody for no more than 45 days beyond the persons scheduled release date for full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment.

This bill would require the Director of State Hospitals to forward the request no less than 20 calendar days prior to the scheduled release date of the person or, if the person is ordered by the board to remain in custody beyond the persons scheduled release date, no less than 20 calendar days prior to the end of that hold. The bill would modify the definition of good cause in the above provision. The bill would also make technical, nonsubstantive changes to these provisions.