HomeMy WebLinkAbout06 - Proposition 83 - Jessica's LawCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 24, 2006
TO:. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Manager
Homer L. Bludau, City Manager
949 -644 -3000, hbludau @city.newport- beach.ca.us
SUBJECT: ADOPTION OF A RESOLUTION BY THE CITY COUNCIL OF
NEWPORT BEACH, CALIFORNIA IN SUPPORT OF PROPOSITION 83,
KNOWN AS "JESSICA'S LAW', DEALING WITH THE TREATMENT OF
SEX OFFENDERS
ISSUE:
Does the .City Council want to go on record as adopting a resolution in support of
Proposition 83, know as "Jessica's Law ", dealing with the treatment of sex offenders?
RECOMMENDATION:
Adopt Resolution No. 2006 -_ in support of Proposition 83.
BACKGROUND:
Proposition 83, also known as "Jessica's Law," increases penalties for violent and
habitual sex offenders and child molesters; prohibits registered sex offenders from
residing within 2,000 feet of a school or park, requires lifetime GPS monitoring of felony
registered sex offenders; expands the definition of a sexually violent predator; and
changes current laws regarding the length of commitment of a sexually violent predator
to a state prison.
ANALYSIS:
Council Member Daigle requested this item be placed on the agenda for Council action.
Proposition 83 will be on the November Statewide ballot for voter determination.
Proposition 83 has received support from numerous organizations including the
following; the League of California Cities, the California Organization of Police and
Sheriffs; California Police Chiefs' Association; California State Sheriffs' Association; the
Resolution in Support of Proposition 83
October 24, 2006
Page 2
Association of Deputy District Attorneys and numerous cities and counties throughout
California. Newport Beach Police Chief Bob McDonell is in support of this Proposition.
HOW PROPOSITION 83 DEALS WITH SEX OFFENDERS: .
➢ It broadens the definition of certain sex offenses.
➢ It provides for longer penalties for specified sex offenses.
➢ It prohibits probation in lieu of prison for some sex offenses, including spousal
rape and lewd or lascivious acts.
➢ It eliminates early release credits for some inmates convicted of certain sex
offenses.
➢ It extends parole for specified sex offenders, including habitual sex offenders.
➢ It prohibits registered sex offenders from living within 2,000 feet of a school or
park or other sites designated by local governments for the duration of their
registration.
➢ It allows for an offender to be evaluated and committed to a state hospital as a
sexually violent predator, rather than the current two, and requires an
indeterminate commitment period.
➢ It allows District Attorneys to charge possession of child pornography as a felony.
➢ It provides improved law enforcement tools to deal with Internet predators.
➢ It imposes an additional 5 year prison term for persons who use "date rape"
drugs in the commission of committing a crime.
➢ It provides for parole terms of up to 10 years and increases various fines and
penalties.
Submitted by
1-16mer L. Bluday/
City Manager
Attachments: Draft Resolution
Proposition 83 Election Material
RESOLUTION NO. 2006 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY, OF NEWPORT BEACH, CALIFORINIA,
SUPPORTING PROPOSITION 83 ON THE
NOVEMBER 2006 BALLOT
WHEREAS an initiative measure, Proposition 83 titled "Sex Offenders,
Sexually Violent Predators, Punishment, Residence Restrictions and Monitoring"
has qualified for placement on the November 2006 Ballot; and
WHEREAS Proposition 83 will enhance public safety by increasing
penalties for violent and habitual sex offenders and child molesters; and
WHEREAS Proposition 83 will provide additional protection for children by
prohibiting sex offenders from residing within 2,000 feet of schools, parks and
other designated locations; and
WHEREAS Proposition 83 will require felony sex offenders to submit to
lifetime GPS monitoring to reduce the potential for future criminal conduct; and
WHEREAS Proposition 83 will close loopholes in sentencing laws and
provides for indeterminate commitment of sexually violent predator to a state
mental hospital; and
WHEREAS the citizens of Newport Beach will benefit from the enhanced
public safety and the additional protection for children that will result from the
passage of Proposition 83; and
WHEREAS numerous statewide . organizations have indicated their
support of Proposition 83, including the League of California Cities; California
Organization of Police and Sheriffs; California Police Chiefs Association;
California State Firefighter's Association; California State Sheriffs Association;
Association of Deputy District Attorneys; and many other cities and counties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach, California, hereby resolves as follows:
Section 1. The Newport Beach City Council expresses strong support
for Proposition 83 on the November 2006 ballot.
1
I
Section 2. Staff is authorized to send a copy of this resolution to the
Executive Director of the League of California Cities, and
others as necessary to indicate support of this Proposition.
ADOPTED this day of , 2006.
Don Webb, Mayor
ATTEST:
LaVonne Harkless, City Clerk
2
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PROPOSITION SEX OFFENDERS. SEXUALLYVIOLENT PREDATORS.
8 2 PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING.
J INITIATIVE STATUTE.
OFFICIAL TITLE AND SUMMARY * * * Prepared by the AttorneyBeneral
SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS.
PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING.
INITIATIVE STATUTE.
• Increases penalties for violent and habitual sex offenders and child molesters.
• Prohibits registered sex offenders from residing within 2,000 feet of any school or park.
• Requires lifetime Global Positioning System monitoring of felony registered sex offenders.
• Expands definition of a sexually violent predator.
• Changes current two -year involuntary civil commitment for a sexually violent predator to an
indeterminate commitment, subject to annual review by the Director of Mental Health and subsequent
ability of sexually violent predator to petition court for sexually violent predator's conditional release
or unconditional discharge.
Summary of Legislative Analyst's Estimate of Net State and Local Government Fiscal Impact:
• Net state prison, parole, and mental health program costs of several tens of millions of dollars initially,
growing to a couple hundred million dollars annually within ten years.
• Potential one -time state mental hospital and prison capital outlay costs eventually reaching several
hundred million dollars.
• Net state and local costs for court and jail operations are unknown.
ANALYSIS BY THE LEGISLATIVE ANALYST
BACKGROUND
Definition of Sex Offenses. Sex offenses are crimes
of a sexual nature. They vary in type and can be
misdemeanors or felonies. For example, distribution of
obscene material is a misdemeanor and rape is a felony
sex offense. Felony offenses are more serious crimes
than misdemeanors.
Punishment for Committing Sex Offenses. Current
law defines the penalties for conviction of sex - related
crimes. The punishment depends primarily on the type
and severity of the specific offense. Conviction of a
misdemeanor sex offense is punishable by up to a year
in county jail, probation, fines, or a combination of the
three. Conviction of a felony sex offense can result in
the same penalties as a misdemeanor or a sentence to
state prison for up to a life term. The penalty assigned
by the court for a felony conviction depends on the
specific crime committed, as well as other factors such as
the specific circumstances ofthe offense and the criminal
42 1 Title and SummarytAnalysis * * *
history of the offender. There are about 8,000 persons .
convicted of a felony sex offense in California each year.
Of these, about 39 percent are sent to state prison. Most
of the rest are supervised on probation in the community
(5 percent), sentenced to county jail (1 percent), or both
(53 percent).
Sex Offender Registration, Residency
Requirements, and Monitoring. Current law
requires offenders convicted of specified felony or
misdemeanor sex crimes to register with local law
enforcement officials. There are approximately 90,000
registered sex offenders in California.
Current law bars parolees convicted of specified sex
offenses against a child from residing within one - quarter
or one -half mile (1,320 or 2,640 feet, respectively)
of a school. The longer distance is for those parolees
identified as high risk to reoffend by the California
Department of Corrections and Rehabilitation (CDCR).
SEX OFFENDERS. SEXUALLYVIOLENT PREDATORS. PROP
PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING. 83
I1�m/l"VIIJAW1.� Itsm
* * * ANALYSIS BY THE LEGISLATIVE ANALYST (CONTINUED)
The CDCR utilizes Global Positioning System
(GPS) monitoring devices to track the location of some
sex offenders on parole. Currently, this monitoring
is limited to about 1,000 sex offenders who have
been identified as high risk to reoffend. Some county
probation departments also use GPS to monitor some
sex offenders on probation.
SaxuaUy Violent Predators (SVP). Specified sex
offenders who are completing their prison sentences are
referred by CDCR to the Department of Mental Health
(DMH) for screening and evaluation to determine
whether they meet the criteria for an SVP. Under current
law, an SVP is defined as "a person who has been
convicted of a sexually violent offense against two or
more victims and who has a diagnosed mental 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." Those offenders
who are found to meet the criteria are referred to district
attorneys. District attorneys then determine whether to
pursue their commitment by the courts to treatment in a
state mental hospital as an SVP.
Offenders subject to SVP proceedings are often
represented by public defenders. While these court
proceedings are pending, offenders who have not
completed their prison sentences continue to be held
in prison. However, if an offender's prison sentence
has been completed, he or she may be held either in
county custody or in a state mental hospital. Offenders
designated as SVPs by the courts are committed to a
state mental hospital for up to two years. An offender
can be recommitted by the courts in subsequent court
proceedings.
As noted above, state mental hospitals hold sex
offenders who have been committed as SVPs. State
mental hospitals also hold some sex offenders who have
completed their prison sentences, but are still undergoing
SVP evaluations or commitment proceedings. As of
June 2006, 456 sex offenders were being held in state
hospitals with a commitment by a court as an SVP. In
addition, 188 sex offenders were being held in state
mental hospitals, and 81 were in county custody pending
the completion of commitment proceedings.
For text of Proposition 83 seepage 127.
PROPOSAL
Increase Penalties for Sex Offenses. This measure
increases the penalties for specified sex offenses. It does
this in several ways. In some cases:
• It broadens the definition of certain sex offenses.
For example, the measure expands the definition
of aggravated sexual assault of a child to include
offenders who are at least seven years older than
the victim, rather than the ten years required under
current law.
• It provides for longer penalties for specified sex
offenses. For example, it expands the list of crimes that
qualify for life sentences in prison to include assault to
commit rape during the commission of a first degree
burglary.
• It prohibits probation in lieu of prison for some sex
offenses, including spousal rape and lewd or lascivious
ads.
• It eliminates early release credits for some inmates
convicted of certain sex offenses (for example,
habitual sex offenders who have multiple convictions
for specified felony sex offenses such as rape).
• It extends parole for specified sex offenders,
including habitual sex offenders.
These changes would result in longer prison and
parole terms for the affected offenders.
Finally, this measure increases court- imposed fees
currently charged to offenders who are required to
register as sex offenders.
Require GPS Devices for Registered Sex Offenders
Generally under this measure, individuals who have been
convicted of a felony sex offense that requires registration
and have been sent to prison would be monitored by GPS
devices while on parole and for the remainder of their
lives.
The CDCR would be authorized to collect fees
from affected sex offenders to cover the costs of
GPS monitoring. The amount of fees collected from
individual offenders would vary depending on their
ability to pay.
***Analysis 143
PROP SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS.
83 PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING.
INITIATIVE STATUTE.
ANALYSIS BY THE LEGISLATIVE ANALYST (CONTINUED)
Limit Where Registered Sex Offenders May Live.
This measure bars any person required to register as a
sex offender from living within 2,000 feet (about two -
fifths of a mile) of any school or park. A violation of this
provision would be a misdemeanor offense, as well as
a parole violation for parolees. The longer current law
restriction of one -half mile (2,640 feet) for specified
high -risk sex offenders on parole would remain in effect.
In addition, the measure authorizes local governments
to further expand these residency restrictions.
Change SVP Law. This measure generally makes
more sex offenders eligible for an SVP commitment. It
does this by (1) reducing from two to one the number
of prior victims of sexually violent offenses that qualify
an offender for an SVP commitment and (2) making
additional prior offenses —such as certain crimes
committed by a person while a juvenile — "countable"
for purposes of an SVP commitment. The measure
also requires that SVPs be committed by the court to
a state mental hospital for an undetermined period of
time rather than the renewable two -year commitment
provided for under existing law. As under current law,
once an offender had received a commitment as an SVP,
he or she could later be released from a state hospital by
the courts if (1) DMH determined the individual should
no longer be held or (2) the offender successfiilly
petitioned a court for release.
The measure also changes the standard for release
of SVPs from a state mental hospital. For example,
current law generally requires DMH to examine the
mental condition of a sex offender each year. This
measure specifically requires DMH, as part of this
annual review, to examine whether a person being held
in a state hospital as an SVP still meets the definition
of an SVP, whether release is in the best interest of the
person, and whether conditions could be imposed at time
of release that would adequately protect the community.
The impact of these changes on the number of SVPs is
unknown.
FISCAL EFFECTS
This measure would have a number of significant
fiscal effects on state and local agencies. The major
fiscal effects are discussed below.
441 Analysis * * *
State Prison Costs. This measure would increase the
prison population, resulting in a significant increase
in prison operating costs. In particular, increasing
sentences for sex offenders would result in some
sex offenders being sentenced to and remaining in
prison for longer periods, resulting in a larger prison
population over time. This would result in costs of
unknown magnitude, but likely to be in the tens of
millions of dollars annually once fully implemented in
less than ten years. It is also possible that this measure
could eventually result in significant additional capital
outlay costs to accommodate the increase in the inmate
population.
The impact.on the prison population of requiring sex
offenders to wear GPS devices is unclear. On the one
hand, GPS monitoring could increase the number of
offenders who are identified and returned to prison for
violating the conditions of their parole or committing
new crimes. On the other hand, GPS monitoring could
act as a deterrent for some offenders from committing
new violations or crimes, hence reducing the likelihood
that they return to prison. Whatever net impact GPS does
have on returns to prison will also affect parole, court,
and local law enforcement workloads and associated
costs.
State Parole and CPS Monitoring Costs. The
initiative's provisions requiring specified registered sex
offenders to wear GPS devices while on parole and for the
remainder of their lives would result in additional costs
for GPS equipment, as well as for supervision staff to
track offenders in the community. These costs are likely
to be in the several tens of millions of dollars annually
within a few years. These costs would grow to about $100
million annually after ten years, with costs continuing to
increase significantly in subsequent years.
Because the measure does not specify whether the
state or local governments would be responsible for
monitoring sex offenders who have been discharged
from state parole supervision, it is unclear whether local
governments would bear some of these long -term costs.
These costs likely would be partially offset by several
million dollars annually in court and parolee fees
authorized by the measure, though the exact amount
would largely depend on offenders' ability to pay.
'1
SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS. PROP
PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING. 83
INITIATIVE STATUTE.
* * * ANALYSIS BY THE LEGISLATIVE ANALYST (CONTINUED)
State SVP Program Costs. By making more sex
offenders eligible for SVP commitments, this measure
would result in increased state costs generally in the
following categories:
• Referral and Commitment Costs. These costs are
mainly associated with screening sex offenders
referred by CDCR to DMH to determine if they
merit a full evaluation, performing such evaluations,
and providing expert testimony at court commitment
hearings. This measure would increase these state
costs probably by the low tens of millions of dollars
annually. These costs would begin to occur in the
initial year of implementation.
• State Hospital Costs. State costs to staff, maintain,
and operate the mental hospitals could reach
$100 million annually within a decade and would
continue to grow significantly thereafter. These costs
would result from additional SVP commitments
to state mental hospitals, as well as holding some
sex offenders —who have completed their prison
sentences —in state mental hospitals while they are
being evaluated to determine whether they should
receive an SVP commitment. (Some of the sex
offenders undergoing evaluation as SVPs might also
be held in county jails.)
Additional SVP commitments could eventually
result in one -time capital outlay costs of up to
several hundred million dollars for the construction
of additional state hospital beds.
The additional operational and capital outlay costs
would be partly offset in the long term. This is
because the longer prison sentences for certain sex
crimes required by this measure would delay SVP
referrals and commitments to state mental hospitals.
These costs would also be partly offset because the
change from two -year commitments to commitments
for an undetermined period of time is likely to
reduce DMH's costs for SVP evaluations and court
testimony. However, our analysis indicates that on
balance the operating and capital outlay costs to the
For text of Proposition 83 seepage 127.
state are likely to be substantially greater than the
savings.
Court and Jail Fiscal Impacts. This measure would
also affect state and local costs associated with court
and jail operations. For example, the additional SVP
commitment petitions resulting from this measure
would increase court costs for hearing these civil cases.
Also, county jail operating costs would increase to the
extent that offenders who have court decisions pending
on their SVP cases were held in county jail facilities.
The provision making it unlawful for sex offenders to
reside within 2,000 feet of a school or park could result
in additional court and jail costs to prosecute violations
of this provision.
Other provisions of this measure could result
in savings for court and jail operations. The
measure's provisions providing for the indeterminate
commitment of SVPs, instead of the current two -year
recommitment process, would reduce county costs
for SVP commitment proceedings. Provisions of this
measure would increase the length of time that some
sex offenders spend in prison or mental hospitals. To
the extent that this occurs, these offenders would likely
commit fewer crimes in the community, resulting in
some court and local criminal justice savings.
Given the potential for the factors identified above to
offset each other, the net fiscal impact of this measure
on state and local costs for the court and jail operations
cannot be determined at this time.
Other Impacts on State and Local Governments.
There could be other savings to the extent that offenders
imprisoned for longer periods require fewer government
services, or commit fewer crimes that result in victim -
related government costs. Alternatively, there could be
an offsetting loss of revenue to the extent that offenders
serving longer prison terms would have become
taxpaying citizens under current law. The extent and
magnitude of these impacts is unknown.
* * * Analysis 145
S
PROP SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS.
83 PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING.
INITIATIVE STATUTE. * * *
Proposition 83— JESSICA'S LAW —will protect our
children by keeping child molesters in prison longer; keeping
them away from schools and parks; and monitoring their
movements after they are released.
A rape or sexual assault occurs every two minutes. A child
is abused or neglected every 35 seconds.
Over 85,000 registered sex offenders live in California.
Current law does not provide Law Enforcement with the tools
they need to keep track of these dangerous criminals. Secrecy
is the child molester's biggest tool. How can we protect our
children if we don't even know where the sex offenders are?
Proposition 83 is named after Jessica Longford, a 9 -year-
old girl who was kidnapped, assaulted, and buried alive by a
convicted sex offender who had failed to report where he lived.
Proposition 83 will:
Electronically monitor, through GPS tracking, dangerous
sex offenders for life once they finish their prison terms.
Require dangerous sex offenders to serve their entire
sentence and not be released early for any reason.
Create PREDATOR FREE ZONES around schools and
parks to prevent sex offenders from living near where our
children learn and play.
Protect children from INTERNET PREDATORS by
cracking down on people who use the Internet to sexually
victimize children.
Require MANDATORY MINIMUM PRISON
SENTENCES for dangerous child molesters and sex
criminals.
Allow prosecutors to charge criminals who possess child
pornography with a felony. (Current law treats child porn like
trespassing or driving on a suspended license!)
Crime Victims and Law Enforcement leaders urge you to
pass this much needed reform. Jessica's Law is supported by:
The argument in favor of Proposition 83 ignores the sad
lessons learned by other states. For example, the leading
prosecutors' association in Iowa, which once urged the
adoption of laws similar to Proposition 83, now argues
that those laws be repealed because they have proven to be
ineffective, a drain on crucial law enforcement resources,
and far too costly to taxpayers. California cannot afford to
repeat that mistake.
The Proponents claim that the law is directed at `child
molesters" and "dangerous sex offenders," but its most punitive
and restrictive measures would apply far more broadly: even
to those convicted ofmisdemeanor, nonviolent offenses. They
would also apply to people who have long led law - abiding lives
for years after completing their sentences. More specifically,
the Proposition would:
—Prohibit thousands of misdemeanor offenders from living
near a school or park for the rest of their lives.
• California State Sheriffs Association • California District
Attorneys Association • California Organization of Police
and Sheriffs • California Police Chiefs Association • Crime
Victims United of California • California Women's Leadership
Association California Sexual Assault Investigators
Association • Women Prosecutors of California • Mothers
Against Predators • Mark Lumford, father ofJessica Lunsford
• Numerous cities, counties, and local sheriffs, police chiefs,
and elected officials.
Law enforcement professionals know there is a high risk
that a sexual predator will commit additional sex crimes after
being released from prison. Prop. 83 peps these dangerous
criminals in prison longer and keeps track of them once they
are released.
Proposition 83 means safer schools, safer parks, and safer
neighborhoods.
Proposition 83 means dangerous child molesters will be
kept away from our children and monitored for life.
Proposition 83 means predatory sex criminals will be
punished and serve their full sentence in every case.
Our families deserve the protection of a tough sex offender
punishment and control law. The State Legislature has failed
to pass Jessica's Law time and time again. WE CANNOT
WAIT ANOTHER DAY TO PROTECT OUR KIDS.
Vote YES on Proposition 83— JESSICA'S LAW —to protect
our families and make California a safer place for all of us.
For more information, please visit www_ks%casLaw1006,com.
GOVERNOR ARNOLD
DISTRICT ATTORNEY BONNIE DUMANIS
San Diego County
HARRIET SALARNO, President
Crime Victims United of California
— Impose lifetime GPS monitoring on first -time offenders
. convicted of nonviolent offenses. For example, a
19-year-old boy could be subjected to lifetime monitoring
after a conviction for having sexual contact with his
77 -year -odd girlfriend.
— Impose both lifetime residence restrictions and lifetime
GPS monitoring on thousands of people who have lived
law abiding lives for years or even decades.
These results are simply wrong.
Here's the bottom line. California has laws that protect us
from Sexually Violent Predators, and this Initiative could have
focused on such dangerous persons. But, it does not! Don't be
fooled. VOTE NO ON PROPOSITION 83.
CARLEEN R. ARLIDGE, President
California Attorneys for Criminal Justice
461 Arguments it it it Arguments printed on this page are the opinions of the authors and have not been checkedforaccuracy by any official agency.
SEX OFFENDERS. SEXUALLY VIOLENT PREDATORS. PROP
PUNISHMENT, RESIDENCE RESTRICTIONS AND MONITORING. 83
* * * INITIATIVE STATUTE. v
Proposition 83 would cost taxpayers an estimated 5500
million but would not increase our children's safety. Instead,
by diluting law enforcement resources, the initiative would
actually reduce most children's security while increasing the
danger for those most at risk:
— First, the initiative proposes to "monitor" every
registered sex offender, on the misguided theory that each is
likely to reoffend against "strangers." But law enforcement
experience shows that when sex registrants reoffend, their
targets are usually members of their own household. This
Proposition would do nothing to safeguard children in their
own homes, even though they are most at risk.
— Second, the Proposition would not focus on the real
problem— dangerous sex offenders —but would instead waste
limited resources tracking persons who pose no risk. The new
lawwouldcreate an expensive trackingsystemforthousands of
registrants who were convicted of minor, nonviolent offenses,
perhaps years or decades ago. Law enforcement's resources
should be directed toward high risk individuals living in our
neighborhoods.
Proposition 83 would have other dangerous, unintended
consequences. The Proposition's monitoring provisions
would be least effective against those posing the greatest
danger. Obviously, dangerous offenders would be the least
likely to comply, so the proposed law would push the more
serious offenders underground, where they would be less
effectively monitored by police. In addition, by prohibiting
sex offenders from living within 2,000 feet of a park or
school, the initiative would force many offenders from
urban to rural areas with smaller police forces. A high
concentration ofsex offenders in rural neighborhoods will
not serve public safety.
Don't be fooled by the false arguments the group of lawyers
against Proposition 83 is making. They represent criminal
defense attorneys who make their living defending criminals.
Of course they don't want tougher laws!
Let's consider the FACTS:
• EVERY major POLICE, SHERIFF, and DISTRICT
ATTORNEY organization in California strongly supports
Jessica's Law.
• EVERY major CRIME VICTIM organization in
California strongly supports Jessica's Law.
• Thousands of dangerous sexual predators are living in
our communities and neighborhoods, and police do not
have the tools they need to track them down.
• Jessica's Law will KEEP TRACK OF FELONY SEX
OFFENDERS after their release from prison by requiring
them to wear a GPS tracking device at all times.
• Jessica's Law will STOP dangerous sex offenders from
living near schools and parks where they can stalk and
prey on our children.
Your YES vote on Proposition 83— Jessica's Law —will
Prosecutors in the State of Iowa know from sad
experience that this type of residency restriction does
not work. In 2001, Iowa adopted a similar law, but the
association of county prosecutors that once advocated for
that law now say that it "does not provide the protection that
was originally intended and that the cast of enforcing the
requirement and unintended effects on families of offenders
warrant replacing the restriction with more effective
protective measures." (February 14, 2006, "Statement on
Sex Offender Residency Restrictions in Iowa," Iowa County
Attorneys Association.) (To see the full Statement, go to:
www.iowa- icaa.com /index.htm or wwwcacj.org.)
A summary of the Iowa prosecutors' findings shows why
the Iowa law was a disaster and why Proposition 83 must be
rejected:
• Residency restrictions do not reduce sex offenses against
children or improve children's safety.
• Residency restrictions will not be effective against 80 to
90% of sex crimes against children, because those crimes
are committed by a relative or acquaintance of the child.
• Residency restrictions cause sex registrants to disappear
from the registration system, harming the interest of
public safety.
• Enforcing the residency restrictions is expensive and
ineffective.
• The law also caused unwarranted disruption to the
innocent families of ex- offenders.
For all of these reasons, vote "No" on Proposition 83!
CARLEEN R. ARLIDGE, President
California Attorneys for Criminal Justice
give law enforcement the tools they need to stop sexual
predators before they strike again.
The man who confessed to murdering nine -year-
old Jessica Lunsford was a convicted sex offender who
failed to register with local police. He took Jessica
from her bedroom window, assaulted her for three
days, and buried her alive only a few doors from
her home.
GPS MONITORING COULD HAVE SAVED JESSICA'S
LIFE! Tragically, it's too late to save Jessica Lunsford. But
it's not too late to prevent countless other children from being
attacked and murdered by sexual predators.
Vote YES on 83— Jessica's Law.
MONTY HOLDEN, Executive Director
California Organization of Police and Sheriffs (COPS)
STEVE IPSEN, President
California Deputy District Attorneys Association
SHERIFF GARY PENROD, President
California State Sheriffs Association
Arguments printed on this page are the opinions ofthe authors and have not been checked for accuracy by any official agency.
* * * Arguments 147
rN
(PROPOSITION IE CONTINUED)
include a bond counsel opinion to the effect that the interest on the bonds
is excluded from gross income for federal tax purposes under designated
conditions, the Treasurer may maintain separate accounts for the bond
proceeds invested andfor the investment earnings on thoseproeeedr, and
may use or direct the use of those proceeds or earnings w pay any rebate,
penalty, or other payment required under federal law or take any other
action with respect to the investment and use of those bond proceeds, as
may be required or desirable under federal law in order to maintain the
tax - exempt status of those bonds and to obtain any other advantage under
federal law on behalf of thefunds of this state.
5096.963. For the purposes of carrying out this chapter, the
Director of Finance may authorize the withdrawal from the General Fund
of an amount or amounts not ro exceed the amount of the unsold bonds
that have been authorized by the committee to be sold for the purpose of
carrying out this chapter. Any amounts withdrawn shall be deposited in the
fund. Any money made available under this section shall be returned to the
General Fund, with interest at the rate earned by the money in the Pooled
Money Investment Account. from proceeds receivedfrom the sale of bonds
for the purpose of carrying out this chapter.
5096.964. All money deposited in the fund that is derived from
premium and accrued interest on bonds soldpursuant to this chapter shall
be reserved in the fund and shall be available for transfer to the General
Fund as a credit to expenditures for bond interest.
5096.965. Pursuant to Chapter 4(commencing with Section 16710)
of Part 3 of Division 4 of Title 1 of the Government Code, the cost of bond
issuanceshaUb epaidoutofthebondpmc eds. Thesecosis shatibe shared
proportionally by each program funded through this bond act.
5096.966. The bonds issuedandso ldpursuam to this chaptermay be
refunded in accordance with Article 6 (commencing with Section 16780) of
Chapter4 ofPart 3 ofDivision 4 of title 2 ofthe Government Code, which is
a part of the State General Obligation Bond Law. Approval by the electors
of the state for the issuance of the bonds under this chapter shall include
approval ofthe issuanceofany bonds issued to refund any bonds originally
issued under this chapter or anypreviousty issued refunding bonds.
5096.967 The Legislature herebyfrnds anddeclares that inasmuch
as the proceeds firm the sale of bonds authorized by this chapter are not
'proceeds of taxes "as that term is used in Article XIII B of the California
Constitution, the disbursement of these proceeds is not subject to the
limitations imposed by that article.
PROPOSITION 83
This initiative measure is submitted to the people in accordance with
the provisions of Section 8 of Article II of the California Constitution.
This initiative measure amends and adds sections to the Penal Code
and amends sections of the Welfare and Institutions Code; therefore,
existing provisions proposed to be deleted are printed in st wkeout type and
new provisions proposed to be added are printed in italic type to indicate
that they are new.
PROPOSED LAW
SECTIONI. SHORTTITLE
This Act shall he known and may be cited as "The Sexual Predator
Punishment and Control Act: Jessica's Law."
SEC. 2. FINDINGS AND DECLARATIONS
The People find and declare each of the following:
(a) The State of California currently places a high priority on
maintaining public safety through a highly skilled and trained law
enforcement as well as laws that deter and punish criminal behavior.
(b) Sex offenders have very high recidivism rates. According to a
1998 report by the U.S. Depamnem of Justice, sex offenders are the least
likely to be cared and the most likely to reoffend, and they prey on the
most innocent members of our society. More than two - thirds of the victims
of rape and sexual assault are under the age of 18. Sex offenders have a
dramatically higher recidivism rate for their crimes than any other type
of violent felon.
(c) Child pornography exploits children and robs them of their
innocence. FBI studies have shown that pornography is very influential
in the actions of sex offenders. Statistics show that 90% of the predators
* * * TEXT OF PROPOSED LAWS
who molest children have had same type of involvement with pornography.
Predators often use child pornography to aid in their molestation.
(d) The universal use of the Internet has also ushered in an em of
increased risk to our children by predators using this technology as a tool
to lure children away from their homes and into dangerous situations.
Therefore, to reflect society's disapproval of this type of activity, adequate
penalties must be enacted to ensure predators cannot escape prosecution.
(e) With these changes, Californians will be in a better position to
keep themselves, their children, and theircommunifies safe from the threat
posed by sex offenders.
(f) It is the intent of the People in enacting this measure to
help Californians better protect themselves, their children, and their
communities; it is not the intent of the People to embarrass or harass
persons convicted of sex offenses.
(g) Californians have a right to know about the presence of sex
offenders in their communities, . new their schools, and around their
children.
(h) California must also take additional steps to monitor sex
offenders, to protect the public from them, and to provide adequate
penalties for and safeguards against sex offenders, particularly those who
prey on children. Existing laws that punish aggravated sexual assault,
habitual sexual offenders, and child molesters most be strengthened and
improved. In addition, existing laws that provide for the commitment and
control of sexually violent predators must be strengthened and improved.
(i) Additional resources are necessary to adequately monitor and
supervise sexual predators and offenders. It is vital that the lasting effects
of the assault do not further victimize victims of sexual assault.
(j) Global Positioning System technology is an useful tool for
monitoring sexual predators and other sex offenders and is a cost effective
measure for parole supervision. It is critical to have close supervision of
this class of criminals to monitor these offenders and prevent them from
committing other crimes.
(k) California is the only state, of the number of states that have
enacted laws allowing involuntary civil commitments forpersons identified
as sexually violent predators, which does not provide for indeterminate
commitments. California smomatically allows for a jury trial every two
years irrespective of whether them is any evidence to suggest or prove that
the committed person is no longer a sexually violent predator. As such, this
act allows California to protect the civil rights of those persons committed
as a sexually violent predator while at the same ti me protect society and the
system from unnecessary or frivolous jury trial actions where there is no
competent evidence to suggest a change in the committed person.
SEC. 3. Section 209 of the Penal Code is amended to read:
209. (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by any
means whatsoever with intent to hold or detain, or who holds or detains,
that person for ransom, reward or to commit extortion or to exam from
another person any money or valuable thing, or any person who aids or
abets any such act is guilty of a felony, and upon conviction thereof,
shall he punished by imprisonment in the state prison for life without
possibility of parole in cases in which my person subjected to any such
act suffers death or bodily harm, or is intentionally confined in a mariner
which exposes that person to a substantial likelihood of death, or shall he
punished by imprisonment in the state prison for life with the possibility of
parole in cases where no such person suffers death or bodily harm.
(b)(1) Any person who kiduaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or screed
perm atientia any violation of Section 264.1, 288, or 289, shall he punished
by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim
is beyond that merely incidental to the commission of, and increases the
risk of harm to the victim over and above that necessarily present in, the
intended underlying offense.
(c) In all cases in which probation is granted, the court shall, except
in unusual cases where the interests of justice would best he served by a
lesser penalty, require as a condition of the probation that the person he
confined in the county jail for 12 months. If the court grants probation
without requiring the defendant to he confined in the county jail for 12
months, it shall specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) shall not be construed to supersede or affect
* * * Text of Proposed Laws 1 127
�k
TEXT OF PROPOSED LAWS * * *
Section 667.61. A person may be charged with a violation of subdivision
(b) and Section 667.61. However, a person may not be punished under
subdivision (b) and Section 667.61 for the same act that constitutes a
violation of both subdivision (b) and Section 667.61.
SEC. 4. Section 220 of the Penal Code is amended to read:
220. Every (a) Except as provided in subdivision (b), any person
who assaults another with intent to commit mayhem, rape, sodomy, oral
copulation, or any violation of Section 264.1, 288, or 289 isptmisltable-shall
be punished by imprisonment in the state prison for two, four, or six years.
(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460. assaults another with
intent to commit rape, sodomy, oral copulation, or any violation of Section
264.1.288. or 289 shag bepunished by imprisonment in the state prisonfor
life with the possibility ofparole.
SEC. 5. Section 269 of the Penal Code is amended to read:
269. (a) Any person who commits any of the following acts upon a
child who is under 14 years of age and i0 seven or more years younger than
the person is guilty of aggravated sexual assault of a child:
(1) k Rape, in violation of paragraph (2) or (6) of subdivision (a) of
Section 261.
(2) k Rape or sexual penetration. in concert, in violation of Section
264.1.
(3) Sodomy, in violation of paragraph (2) or (3) ofsubdivision (c),
or subdivision (d), of Section 28 ,
mi.
(4) Oral copulation, in violation of paragraph (2) or (3) of
subdivision (c), or subdivision (d), of Section 288awheaeo an"ned -by
(5) ASexual penetration. in violation of subdivision (a) of Section 289.
(b) Any person who violates this section is guilty of a felony and
sball be punished by imprisonment in the state prison for 15 years to life.
(c) The court shall impose a consecutive sentencefor each offense
that results in a conviction under this section ifthe crimes involve separate
victims or involve the same victim on separate occasions as defined in
subdivision (d) of Section 6626.
SEC. 6. Section 288.3 is added to the Penal Code, to read:
2883. (a) Every person who contacts or communicates with a
minor, or attempts ro contact or communicate with a minor, who )mows
or reasonably should know that the person is a minor, with intent to
commit an offense specifiedin Section 107, 209, 261,164.1, 273a. 286. 288.
288a, 288.2, 289, 311.1, 31LZ 311.4 or 311.11 involving the mirror shall be
punishedby imprisonmentin the stateprison for the term prescribedfor an
atempt to commit the intended offense.
(b) As used in this section. 'contacts or communicates with'
shall include direct and indirect contact or communication that may be
achieved personally or by use of an agent or agency, any print medium,
any postal service, a common carrier or communication common carrier,
any electronic communications system, or any telecommunications, wire,
computer, or radio communications device orsystem.
(c) A person convicted of a violation of subdivision (a) who has
previously been convicted of a violation of subdivision (a) shall be
punished by an additional and consecutive term of imprisonment in the
stateprison for five years.
SEC. 7. Section 290.3 of the Penal Code is amended to read:
2903. (a) Every person who is convicted of any offense specified
in subdivision (a) of Section 290 shall, in addition to any imprisonment or
fine, or both, imposed for violation commission of the underlying offense,
be punished by a fine oftwe three hundred dollars (W" ($300) upon the
first conviction or a fine ofthrcefrve hundred dollars ($3" ($500) upon
the second and each subsequent conviction, unless the court determines
that the defendant does not have the ability to pay the fine.
An amount equal to all fines collected pursuant to this subdivision
during the preceding month upon conviction of, or upon the forfeiture of
bail by, any person arrested for, or convicted of, committing an offense
specified in subdivision (a) of Section 290, shall be transferred once a
month by the county treasurer to the Controller for deposit in the General
Fund. Moneys deposited in the General Fund pursuant to this subdivision
128 1 Text of Proposed Laws * * *
shall be ttansf rrred by the Controller as provided in subdivision (b).
(b) Out Except as provided in subdivision (d), our of the moneys
deposited pursuant to subdivision (a) as a result of second and subsequent
convictions of Section 290, one -third shall first be transferred to the
Department of Justice Sexual Habitual Offender Fund, as provided in
paragraph (1) of this subdivision. Out of the remainder of all moneys
deposited pursuant to subdivision (a), 50 percent shall be transferred to
the Department of Justice Sexual Habitual Offender Pand, as provided in
paragraph (1), 25 percent shall be transferred to the Department of Justice
DNA Testing Fund, as provided in paragraph (2), and 25 percent shall be
allocated equally to counties that maintain a local DNA testing laboratory,
as provided in paragraph (3).
(1) Those moneys so designated shall be transferred to the
Department of Justice Sexual Habitual Offender Fund created pursuant to
pamgmph (5) ofmbdivision (b) ofSection 11170 and, whenappropriatedby
the Legislature, shall be used for the purposes of Chapter 9.5 (commencing
with Section 13885) and Chapter 10 (commencing with Section 13890)
of Title 6 of Part 4 for the purpose of monitoring, apprehending, and
prosecuting sexual habitual offenders.
(2) Those moneys so designated shall be directed to the Department
of Justice and transferred to the Department of Justice DNA Testing
Fund, which is hereby created, for the exclusive purpose of testing
deoxyribonucleic acid (DNA) samples for law enforcement purposes. The
moneys in that fund .shall be available for expenditure upon appropriation
by the Legislature.
(3) Those moneys so designated shall be allocated equally and
distributed quarterly to counties that maintain a local DNA testing
laboratory. Before making any allocations under this paragraph, the
Controllershall deductthe estimated costs thatwill be incurred to setup and
administer the payment of these funds to the counties. Any funds allocated
to a county pursuant to this paragraph shall be used by that county for the
exclusive purpose of testing DNA samples for law enforcement purposes.
(c) Notwithstanding any other provision of this section, the
Department of Corrections or the Department of the Youth Authority may
collect a fine imposed pursuant to this section from a person convicted ofa
violation ofany offense listed in subdivision (a) of Section 290, that results
in incarceration in a facility under the jurisdiction of the Department
of Corrections or the Department of the Youth Authority. All moneys
collected by the Department ofCorrections or the Department ofthe Youth
Authority under this subdivision shall be transferred, once a month, to the
Controller for deposit in the General Fund, as provided in subdivision (a),
for transfer by the Controller, as provided in subdivision (b).
(d) An amount equal to one hundred dollars for every fine imposed
pursuant to subdivision (a) in excess of one hundred dollars shall be
transferred to the DepartmentofCorreetions and Rehabilitation to defray
the cost of the global positioning system used to monitor sex offender
parolees.
SEC. B. Section 311.11 of the Penal Code is amended to read:
311.11. (a) Every person who knowingly possesses or controls any
matter, representation of information, data, or image, including, but not
limited to, any film, filmstrip, photograph, negative, slide, photocopy,
videotape, video laser disc, computer hardware, computer software,
computer floppy disc, data storage media, CD -ROM, or computer -
generated equipment or any other computer - generated image that contains
or incorporates in any manner, any film or filmstrip, the production of
which involves the use of a person under the age of 18 years, knowing
that the matter depicts a person under the age of 18 years personalty
engaging in or simulating sexual conduct, as defined in subdivision (d) of
Section 3114, is guilty ofa ire felony and shall be punished by
imprisonment in the smteprison, or a county jail for up to one year, or by a
fine not exceeding two thousand five hundred dollars ($2,500), or by both
the fine and imprisonment.
(b) ifa Every person who commits a violation ofsubdivision(a), and
who has been previously convicted of a violation of this section, or of
311-:, he -ar site an offense described in subparagraph (A) of paragraph
(2) of subdivision (a) of Section 290, or an attempt ro commit any of the
above- mentioned offenses, is guilty of a felony and shall be punished by
imprisonment in the state prison for two, four, or six years.
(c) it is not necessary to prove that the matter is obscene in order to
establish a violation of this section.
1q-
(PROPOSITION 83 CONTINUED)
(d) This section does not apply to drawings, figurines, statues, or any
film rated by the Motion Picture Association of America, nor does it apply
to live or recorded telephone messages when transmitted, disseminated, or
distributed as part of a commercial transaction.
SEC. 9. Section 667.5 of the Penal Cade is amended to read:
667.5.. Enhancement of prison terms for new offenses because of
prior prison terms shall be imposed as follows:
(a) When am of the new offenses is one of the violent felonies
specified in subdivision (c), in addition to and consecutive to any other
prison terms therefor, the court shall impose a three -year term for each
prior separate prison term served by the defendant when the prior offense
was one of the violent felonies specified in subdivision (c). However, no
additional term shall be imposed under this subdivisim for any prison
term served prior to a period of 10 years in which the defendant remained
free of both prison custody and the commission of an offense which results
in a felorry conviction.
(b) Exceptwheresubdivision( a) applies,wherethenewoffenseis any
felony for which a prison sentence is imposed, in addition and consecutive
to any other prison terms therefor, the court shall impose a one -year term
for each prior separate prison term served for any felony; provided that
no additional term shall be imposed under this subdivision for any prison
term served prior to a period of five years in which the defendant remained
free of both prism custody and the commission of an offense which results
in a felorry conviction
(c) For the purpose of this section, `violent felony" shall mean any
of the fallowing:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy
as defined in
subdivision (c) or (d) of Section 286.
(5) Oral copulation Las a
as
defined in subdivision (c) or (d) of Section 288a.
(6) Lewd or lascivious act
as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state
prison for life.
(8) Any felony in which the defendant inflicts great bodily injury
on any person other than an accomplice which has been charged and
proved as provided for in Section 12022.7. 11022.8, or 12022.9 on or after
July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and
461, or any felony in which the defendant uses a firearm which use has been
charged and proved as provided in subdivision (a) of Section 12022.3, or
Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation ofsubdivision(a) or (b) of Section 451.
(11) T'heeffe tsc Sexual penetration as defined in subdivision (a) or
6i) of Section 289
(12) Attempted murder.
(13) A violation ofSectim 12308, 12309, or 12310.
(14) Kidnapping.
(15) Assault with the intent to commit
mal copulatio. a spec(fied felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section
288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) A Rape, spousal rape, or sexual penetration, in concert, in
vialatim of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a
felony violation of Section 186.22 of the Penal Cade.
(20) Threats to victims or witnesses, as defined in Section 136.1,
which would constitme a felony violation of Section 186.22 of the Penal
Code.
* * * TEXT OF PROPOSED LAWS
(21) Any burglary of the first degree, as defined in subdivision (a) of
Section 460, wherein it is charged and proved that another person, other
than an accomplice, was present in the residence during the commission
of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418. The
Legislature finds and declares that these specified crimes merit special
consideration when imposing a sentence to display society's condemnation
for these extraordinary crimes of violence against the person. .
(d) For the purposes of this section, the defendant shall be deemed
to remain in prison custody for an offense until the official discharge
from custody or until release on parole, whichever first occurs, including
any time during which the defendant remains subject to reimprisonment
for escape from custody or is reimprisoned on revocation of parole. The
additional penalties provided for prior prison terms shall not be imposed
unless they are charged and admitted or found true in the action for the
new offense.
(e) The additional penalties provided for prior prison terms shall not
be imposed for any felorry for which the defendant did not some a prior
separate term in state prism.
(f) A prior camictionofa felony shall include a conviction in another
jurisdiction for an offense which, if committed in California, is punishable
by imprisonment in the state prison if the defendant served one year or
more in prison for the offense in the otherjurisdicrion. A prior conviction
of a particular felorry shall include a conviction in another jurisdiction for
an offense which includes all of the elements of the particular felony as
defined under California law if the defendant served one year or more in
prison for the offense in the otherjurisdictim.
(g) A prior separate prism term for the purposes of this section shall
mean a continuous completed period ofprison incareerationimposed forthe
particular offense alone or in combination with concurrem or consecutive
sentences for other crimes, including any reimprisanment on revocation
of parole which is not accompanied by a new commitment to prison, and
including any reimprisanment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any stare
prison or federal penal institution as Punishment for commission of an
offense, including confinement in a hospital or other institution or facility
credited as service of prison time in thejurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State
Department of Mental Health as a mentally disordered sex offender
fallowing a conviction of felony, which commitment exceeds one year in
duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the
mstody,contml, anddisciplineofthe DirectmofCorrectiom isinrarcerated
at a facility operated by the Department of the Youth Authority, that
incarceration shall be deemed to be a term served in state prison.
(k) Notwithstanding subdivisions (d) and (g) or any other provision
of law, when me of the new offenses is committed while the defendant is
temporarily removed from prison pursuant to Section 2690 or while the
defendant is transferred to a community facility pursuant to Section 3416,
6253, or 6263, or while the defendant is on furlough pursuant to Section
6254, the defendant shall be subject to the full enhancements provided for
in this section.
This subdivisionshall notapply when a full, separate, and consecutive
term is imposed pursuant to any other provision of law.
SEC. 10. Section 667.51 of the Penal Cade is amended to read:
667.51. (a) Any person who is fotmd-guilep convicted of violating
Sectim 288 or 288.5 shall receive a five -year enhancement for a prior
conviction of an offense listed specified in subdivision (b), provided dut
(b) Section 261, 262. 264.1, 269. 285, 286, 288, 288a, 288.5, or 289,
or any offense committed in mother jurisdiction that includes all of the
elements of any of the offenses act fortlt speclfred in this subdivision
(d) A violatim of Section 288 or 288.5 by a person who has been
* * * Text of Proposed Laws 1 129
r83
TEXT OF PROPOSED LAWS * * *
previously convicted two or more times of an offense )ism specified
in subdivision (b) shall be punished by
imprisonment in the state prison for 15 years to life. �hC, Meer
is applicable wily if ti c cumut Y oiat on — at least me of the pi m
Part 3 shall apply to reduce an7 rniniman ter n in a state prism nwas
parolepriorto that th-
SEC. I1. Section 667.6 of the Penal Code is amended to read:
667.6. (a) Anv person who is
convicted of an offense specified
in subdivision (e) and who has been convicted previously of any of those
offenses shall receive a five-year enhancement for each of those prior
convictions in a o ided that no ctma,roc
to this subdivision shall be deposited in tic Yietin Win_ As.i.tance
(b) Any person who is convicted of an offense specified in
subdivision (a) (e) and who has served two or more prior prison terms
as defined in Section 667.5 for any , of
those offenses shall receive a 10 -year enhancement for each of those prior
terms
enhance mnHaposodamlea fl is subdiumsim, th, mutt also or, impose
sentenced and— this stibili vision. The firm tpanda d collected 'atsuatt
la 19539.
(c) In lieu of the term provided in Section 1170.1, a full, con separate,
and consecutive term may be imposed for each violation of Se-- -- -i!0;
an offense specified in subdivision (e) if the
crimes involve the same victim on the same occasion. A term may be
imposed consecutivelypursuant to this subdivision ifa person is convicted
of at least one offense specified in subdivision (e). If the term is imposed
consecutively pursuant to this subdivision, it shall be served consecutively
to any other term of imprisonment; and shall commence from the time the
person otherwise would have been released from imprisonment. The term
shall not be included in any determination pursuant to Section 1170.1. Any
other term imposed subsequent to that term shall not be merged therein but
1301 Ten of Proposed Laws * * *
shall commence at the time the person otherwise would have been released
from prison.
(d) A full, separate, and consecutive term shall be served imposed
for each violation of
an offense specified
in subdivision (e) if the crimes involve separate victims or involve the
same victim on separate occasions.
In determining whether crimes against a single victim were
committed on separate occasions under this subdivision, the court shall
consider whether, between the commission of one sex crime and another,
the defendant had a reasonable opportunity to reflect upon his or her
actions and nevertheless resumed sexually aseanitive behavior. Neither the
duration of time between crimes, nor whether or not the defendant lost
or abandoned his or her opportunity to attack, shall be, in and of itself,
determinative on the issue of whether the crimes in question occurred on
separate occasions.
The term shall be served consecutively to any other term of
imprisonment and shall commence from the time the person otherwise
would have been released from imprisminent.The term shall rotbe included
in any determination pursuant to Section 1170.1. Any other term imposed
subsequent to that term shall not be merged therein but shall commence at
the time the person otherwise would have been released from prison.
(e) This section shall apply to thefollowing offenses:
(I) Rape, in violation ofparagraph (2), (3), (6), or (7) of subdivision
(a) of Section 261.
(2) Spousal rape, in violation of paragraph (1), (4), or (5) of
subdivision (a) of Section 262.
(3) Rape, spousairape, orsexual penetration, in concert in violation
of Section 2643.
(4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c),
or subdivision (d) or (k), of Section 286.
(5) Lead or lascivious act, in violation of"In ivision (b) of Section
288.
(6) Continuous sexual abuse of a child, in violation of Section
288.5.
(7) Oral copulation, in violation of paragraph (1) or (3) of
subdivision (c), or subdivision (d) or (k), of Section 288a.
(8) Sexual penetration, in violation of subdivision (a) or (g) of
Section 289.
(9) As a present offense under subdivision (c) or (d), assault with
intent to commit a specifredsexual offense, in violation of Section 110.
(10) As a prior conviction under subdivision (a) or (b). an offense
committed in another jurisdiction that includes all of the elements of an
offense specified in this subdivision -
(t) In addition to any enhancement imposedpursuant to subdivision
(a) or (b). the court may also impose a fine not ro exceed twenty thousand
dollars (%70,000) for anyone sentenced under those provisions. The fine
imposed and collected pursuant to this subdivision shall be deposited in
the Victim -fYmes Assistance Fund to be available for appropriation to
fund child sexual exploitation and child sexual abuse victim counseling
centers and prevention programs established pursuant to Section 13837.
If the court orders a fine to be imposed pursuant to this subdivision (a)
orfb), the actual administrative cost of collecting that fine, not to exceed
2 percent of the total amount paid, may be paid into the general fund of the
county treasury for the use and benefit of the county.
SEC. 12. Section 667.61 of the Penal Code is amended to read:
667.61. (a) AAny person who is convicted of an offense specified
in subdivision (c) under one or mote of the circumstances specified in
subdivision (d) or under two or more of the circumstances specified in
subdivision (e) shall be punished by imprisonment in the state prison for
25years to lifr end simil not be eligible lot selvase eft pamic for 25 yeam
1�
(PROPOSITION 83 CONTINUED)
(b) Except as provided in subdivision (a), a any person who is convicted
of an offense specified in subdivision (c) under one of the circumstances
specified in subdivision (e) shall be punished by imprisonment in the state
prison for 15 years to life and shall nat be eligible for release o i pamle let
(c) This section shall apply to any of the following offenses:
(1) A Rape, in violation of paragraph (2) or (6) of subdivision (a) of
Section 261.
(2) ASpousal rope, in violation of paragraph (])or (4) of subdivision
(a) of Section 262.
(3) A Rape, spousal rape. or sexual penetration. to concert. in
violation of Section 264.1.
(4) A Lewd or lascivious act. in violation of subdivision (b) of
Section 288.
(5) ASexual penetration. in violation of subdivision (a) of Section
289.
(6) Sodomy. to violation of paragraph
(2) or (3) of subdivision (c), or subdivision (d). of Section 296 or 288a by nice, 0 force, W
(7) Or Oral copulation. in violation of paragraph (2) or (3) of
subdivision (c). or subdivision (d). of Section 288a.
(8) Lewd or lascivious act. in violation of subdivision (a) of Section
288, ...1-9 6— tiefendaintr,valifics, for peoliatio"unale'"bdi
Seetiorr1463B66.
(9) Continuous sexual abuse of a child, in violation of Section
288.5.
(d) The following circumstances shall apply to the offenses specified
in subdivision (c):
(1) The defendant has been previously convicted of an offense
specifled in subdivision (c), including an offense committed in another
jurisdiction that includes all of the elements of an offense specified in
subdivision (c).
(2) The defendant kidnapped the victim of the present offense and
the movement of the victim substantially increased the risk of harm to
the victim over and above that level of risk necessarily inherent in the
underlying offense in subdivision (c).
(3) The defendant inflicted aggravated mayhem or torture on the
victim or another person in the commission of the present offense in
violation of Section 205 or 206.
(4) The defendant committed the present offense during the
commission ofa burglary ofthefirst degree, as defined in subdivision (a) of
Section 460, with intent to commit an offense specified in subdivision (c).
(5) The defendant committed the present offense in violation of
Section 264. 1. subdivision (d) of Section 186, or subdivision (d) of Section
288a, and in the commission ofthat offense, anyperson committedanyact
described in paragraph (2), (3), or (4) of this subdivision.
(e) The following circumstances shall apply to the offenses specified
in subdivision (c):
(1) Except as provided in paragraph (2) of subdivision (d), the
defendant kidnapped the victim of the present offense in violation of
Section 207, 209, or 209.5.
(2) Except as provided in paragraph (4) of subdivision (d), the
defendant committed the present offense during the commission of a
but&
nes then elased to Elie public; in violation of Section 459.
(3) The defendant personally inflicted great bodily injury on the
victim or another person in the commission of the present offense in
violation of Section 12022.53, 12022.7. or 12022.8.
(4) The defendant personally used a dangerous or deadly weapon or
a firearm in the commission of the present offense in violation of Section
12022, 12022.3, 12022.5, or 12022.53.
(5) The defendant has been convicted in the present case or cases of
committing an offense specified in subdivision (c) against more than one
victim.
(6) The defendant engaged in the tying or binding of the victim or
* * * TEXT OF PROPOSED LAWS
another person in the commission of the present offense.
(7) The defendant administered a controlled substance to the victim
by- force, - violence, m fm in the commission of the present offense in
violation of Seaton 12022.75.
(8) The defendant committed the present offense in violation of
Section 264.1. subdivision (d) of Section 286. orsubdivision (d) of Section
288a, and, in the commission of that offense. any person committed any
act described in paragraph (1), (2), (3), (4). (6). or (7) of this subdivision.
IT) If only the minimum number of circumstances specified
in subdivision (d) or (e) which that are required for the punishment
provided in subdivision (a) or (b) to apply have been pled and proved, that
circumstance or those circumstances shall be used as the basis for imposing
the term provided in subdivision (a) or (b). whichever is greater, rather
than being used to impose the punishment authorized under any other
provision of law, unless another provision of law provides for a greater
penalty or the punishment under another provision of law can be imposed
in addition to the punishment provided by this section. However, if any
additional circumstance or circumstances specified in subdivision (d) or
(e) have been pled and proved, the minimum number of cinumsmnees
shall be used as the basis for imposing the term provided in subdivision
(a), and any other additional circumstance or circumstances shall be used
to impose any punishment or enhancement authorized under any other
provision of law.
(g) Notwithstanding Section 1385 or any other provision of law, the
court shall not strike any allegation, admission. or finding of any of the
circumstances specified in subdivision (d) or (e) for any person who is
subject to punishment under this section.
ocClso." tile tel— (b) shall be Imposed m
the defi: ids it or= trms fog othe offe in.
any othes Ian, i minding Section 664.6, if appliciible.
(h) Piabaten Norwidhstaading any other provision of law, probation
shall not be granted m, nor shall the execution or imposition of sentence be
suspended for, anyperson who is subject to punishment under this sectionfm
() For the any offense specified in paragraphs (I) to (7), inclusive,
ofsubdivision (c), the court shall impose a consecutive sentencefor each
offense that results in a conviction under this section if the crimes involve
separate victims or involve the same victim on separate occasions as
defined in subdivision (d) of Se ction 6676.
Q) The penalties provided in this section to shall apply, only if the
existence of any fsct required under circumstance specified in subdivision
(d) or (e) shall -be is alleged in the accusatory pleading pursuant to this
section. and Is either admitted by the defendant in open court or found to
be taste by the trier of fact
SEC. 13. Section 667.71 of the Penal Code amended to read:
667.71. (a) For the purpose of this section, a habitual sexual
offender is a person who has been previously convicted of one or more of
the offenses listed specified in subdivision (c) and who is convicted in the
present proceeding of one of thou offenses.
(b) A habitual sexual offender is— peniahable shall be punished
by imprisonment in the state prison for 25 years to life. A tieie 2.5
Sectic,2933,4819,ot wry other invy ymuidimllic conduct credit reduction.
on parcle prior to se � ins at least fi5 Force it of the I i i ratin In .1 of 2-5
* * * Text of fYOposed laws 1 131
1S
TEXT OF PROPOSED LAWS it it it
year"n-thelitate pr—
(c) This section shall apply to any of the following offenses:
(1) A Rape, in violation of paragraph (2) or (6) of subdivision (a) of
Section 261.
(2) ASpousal rape, in violation of paragraph (])or (4) of subdivision
(a) of Section 262.
(3) A Rape, spousal rape, or sexual penetration, in concert, in
violation of Section 264.1.
(4) A Lewd or lascivious act, in violation of subdivision (a) or (b)
of Section 288.
(5) A Sexual penetration,. in violation of subdivision (a) or (j) of
Section 289.
(6) 14 Continuous sexual abuse of a child, in violation of Section
288.5.
(7) tk Sodomy, in violation of subdivision (c) or (d) of Section 286 by
(9) A t iohnion of - I - " ' i — ( 1) of Section i86.
f" Oral copulatin in violtion of subdivision (c) or (d) of Section
288a
(il)) -, (9) Kidnapping, in violation of subdivision (b) of Section 207.
fH" (10) Kidnapping, in violation of former subdivision (d) of
Section 208 (kidnapping to commit specified sex offenses).
" (11) Kidnapping, in violation of subdivision (b) of Section 209
with the intent to commit
a speeifiedsexual of)'ense.
(9" (12) Aggravated sen al assault of a child, in violation of
Section 269.
" (13) An offense committed in another jurisdiction that has
includes all of the elements of an offense specified in paragraph. (1) to
(13)rmclasiae, of this subdivision.
(d) Notwithstanding Section 1385 or any other provision of law, the
court shag not strike any allegation, admission, or finding of any prior
conviction specified in subdivision (c) for any person who is subject m
punishment under this section.
(e) Notwithstanding unyotherprovision offawprobaionshallnot be
granted to, nor shall the execution or imposition of sentence be suspended
for, any person who is subject to punishment under this section.
0 This section shall apply only if the defendant's status as a habitual
sexual offender is alleged in the inimination accusatory pleading, and
either admitted by the defendant in open court, or found to be true by the
jo ) t � ing the issue of guilt or by tire Court WhUrt-SUillt IN established by
vier of fact.
SEC. 14. Section 1203.06 of the Penal Code is amended to read:
1203.06.
(a) Probation Notwithstanding any otherproviston oflaw, probation
shall am be granted m, nor shall the execution or imposition of sentence be
suspended for, norshall afindingbringing the defendant within this section
be stricken pursuant m Section 1385 for, any of the following persons:
(1) Any person who personally used a firearm during the commission
or attempted commission of any of the following crimes:
(A) Murder.
(B) Robbery, in violation of Section 211.
(C) Kidnapping, in violation of Section 207, 209, or 209.5.
(D) Lewd or lascivious act,
in violation of Section 288.
(E) Burglary of the first degree, as defined in Section 460.
(F) Rape, in violation
of Section 261, 262, or 264.1.
(G) Assault with intent to commit rape orsodomy a specified sexual
offense, in violation of Section 220.
(H) Escape, in violation of Section 4530 or 4532.
(1) Carjacking, in violation of Section 215.
(.T) Aggravated mayhem, in
132 1 Text of Proposed Laws * * *
violation of Section 205.
(K) Torture, in violation of Section 206.
(L) Continuous sexual
abuse of a child, in violation of Section 288.5.
(M) A felony violation of8ection 136.1 or 137.
(N) Sodomy, in violation ofSectlon 286.
(0) Oral copulation, in violation of Section 288a.
(P) Sexual penetration, in violation ofSectlon 289 or 264.1.
(0) Aggmvatedsexual assauh of a child, in violation of Section 269.
(2) Any person previously convicted of a felony specified in
paragraph (1), orassauh with intent to
commit murder under former Section 217, who is convicted of a subsequent
felony and who was personally armed with a firearm at any time during
its commission or attempted commission or was unlawfully armed with a
firearm at the time of hie or her arrest for the subsequent felony.
(3) Aggravated arson, in violation of Section 451.5.
(b)(1) The existence of any fact which that would make a person
ineligible for probation under subdivision (a) shall be alleged in the
accusatory pleading, and either admitted by the defendant in open court,
or found to be true by the
Saift is established by plea afttrilty or nehi come tdaco a by trial by the
trier offset.
(2)
(3) As used in subdivision (a), "used a firearm" means to display a
firearm in a menacing manner, to intentionally fire it, or to intentionally
strike or hit a human being with it or to use it in any manner that qualfes
under Section 12022.5.
(4) (3) As used in subdivision (a), "armed with a firearm' means to
knowingly carry or have available for use a firearm as a means of offense
or defense.
SEC. 15. Section 1203.065 of the Penal Code Is amended to read:
1203.065. (a) Notwithsmndinganyotherprsvisionoflaw, probation
shall not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person who is convicted of violating paragraph
(2) or (6) of subdivision (a) of Section 261, Section 264.1, 266h, 266L n
266j, or 269, paragraph (2) or (3) ofsubdivision (c), or subdivision (d), of
Section 286, paragraph (2) or (3) ofsubdivision (c), or subdivision (d), of
Section 288x, subdivision (a) of Section 289,
copulation in iolatier, eF Section 266 e 298a by force, iohmec; daress,
mrotherpersot orofdolatit mbdivhdon(c)ofSection311,4.
(b)(1) Except in unusual cases where the interests of justice would
best be served if the person is granted probation, probation shall not
be granted to any person who is convicted of a- xieiation * violating
paragraph (7) of subdivision (a) of Section 261, subdivision (k) of Section
286, subdivision (k) of Section 288x, subdivision (g) of Section 289, or
Section 220 for assault with intent to commit an) aF the Iblio-mr. rape,
., ... aspeeifredsexual offense.
(2) When probation is granted, the court shall specify on the record
and shall enter on the minutes the circumstances indicating that the
interests ofjustice would best be served by the disposition.
SEC. 16. Section 1203.075 of the Penal Code is amended to read:
1203.075. wofSectimi 11@3,
(a) P obatm Notwithstandingany other provision of law, probation
shall not be granted to, nor shall the execution or imposition of sentence
be suspended for, nor shall a finding bringing the defendant within this
section be stricken pursuant to Section 1385 for, any person who-,w-ft
die intent to ittRict the rj..T, personally inflicts great bodily injury, as
defined in Section 12022.7, on the person of another in the commission or
attempted commission ofmy ofthe following crimes:
(1) Murder.
(2) Robbery, in violation of Section 211.
(3) Kidnapping, in violation of Section 207, 209, or 209.5.
(4) Ridi app ill, in Y iolatim. of Sectio 210 Lewd or lascivious act,
in violation of Section 288.
P
(PROPOSITION 83 CONTINUED)
(5) Burglary of the first degree, as defined in Section 460.
(6) Rape, in violation of
Section 261, 262
or 264.1.
(7) Assault with intent to commit tape- ersodamy a specified sexual
offense, in violation of Section M.
(8) Escape, in violation of Section 4530 or 4532.
(9) ASexual penetration, in violation of subdivision -(a)of Section
289 or 164.1.
(10) Sodomy, in violation of Section 286.
(11) Otal copulation, in violation of Section 288a.
(12) Carjacking, in violation of Section 215.
(13) Kidnappi ig, n t Warm t of Sectio t 209.5 Continuous sexual
abuse ofa child, in violation of Section 288.5.
(14) Aggravated sexual assault ofa child, in violation of Section 269.
(b)(i) The existence of any fact whielt that would make a person
ineligible for probation under subdivision (a) shall be alleged in the
accusatory pleading, and either admitted by the defendant in open court,
or found to be true bythe
emartsitting - riehcrtaymp trier offact.
(2) M is subdivisim does net probibit the s4ean —d -F
with Section Meg)er Bit
(3) As need ; sttbdm v ismon (a), 't eat bodily it"Ury" means -grem
bodily irdm5" as defined i t Section 126225L.
SEC. 17. Section 3000 of the Penal Code is amended to read:
3000. (a)(1) The Legislature finds and declares that the period
immediately following incarceration is critical to successful reintegration
of the offender into society and to positive citizenship. It is inthe interest of
public safety for the state to provide for the supervision of and surveillance
of parolees, including the judicious use of revocation actions, and to
provide educational, vocational,, family and personal counseling necessary
to assist parolees in the transition between imprisonment and discharge. A
sentence pursuant to Section 1168 or 1170 shall include a period of parole,
unless waived, as provided in this section.
(2) The Legislature finds and declares that it is not the intent of this
section to diminish resources allocated to the Department of Corrections
for parole functions for which the department is responsible. It is also not
the intent of this section to diminish the resources allocated to the Board
of Prison Terms to execute its duties with respect to parole functions for
which the board is responsible.
(3) The Legislature finds and declares that diligent effort must
be made to ensure that parolees are held accountable for their criminal
behavior, including, but not limited to, the satisfaction of restitution fines
and orders.
(4)
Seat a 6600) of ehapter 2 of Par 6 2 oF Bik isio . 6 eF tire Welfare "
institutions 6ode, that apersort is Theparole period ofanyperson found to
be a sexually violent predator shall
tlmt- person`s be tolled until that person is found to no longer be a sexually
violent predator, at which time the period of parolh% or any remaining
Portion thereof, shall begin to run.
(b) Notwithstanding any provision to the contrary in Article 3
(commencing with Section 3040) of this chapter, the following shall apply.
(1) At the expiration of a term of imprisonment of one year and
one day, or a term of imprisonment imposed pursuant to Section 1170 or
at the expiration of a term reduced pursuant to Section 2931 or 2933, if
applicable, the inmate shall be released on parole fora period not exceeding
three years, except that any inmate sentenced for an offrase specified in
paragraph (3),(4), (5), (6), (11), (16), or (18) of subdivision (c) of Section
667.5 shall be released on parole for a period not exceeding five years,
unless in either case the parole authority for good cause waives parole and
discharges the inmate from the custody of the department.
(2) In the case ofany inmate senteucedunder Sectionll6g ,theperiod
ofparole shall not exceed five years in the case ofan inmate imprisoned for
any offense other than first or second degree murder for which the inmate
has received a life sentence, and shall not exceed three years in the case of
any other inmate, unless in either case the parole authority for good cause
* * * TEXT OF PROPOSED LAWS
waives parole and discharges the inmate from custody of the department.
This subdivision shall also be applicable to inmates who committed crimes
prior to July 1, 1977, to the extent specified in Section 1170.2.
(3) Notwithstanding paragraphs (1) and (2), in the case ofany offense
for which the inmate has received a life sentence pursuant to Section 667.61
or 667.71, the period ofparole shall be five 10years.
Bepar Ernest eFeerfections, dridert the gratm—d- that tire Paroled imnate 12 fl�
conduct a I eating to dem-nine if if e pa alee A all be subject to a s its'
additional five yest petiod oFimmie. TI c bond shall comittet the hen ing
(4) The parole authority shall consider the request of any inmate
regarding the length of his or her parole and the conditions thereof.
(5) Upon successful completion of parole, or at the and of the
maximum statutory period of parole specified for the inmate under
paragraph (1), (2), or (3), m the case may be, whichever is earlier, the
inmate shall be discharged from custody. The date of the maximum
statutory period of parole under this subdivision and paragraphs (1), (2),
and (3) shall be computed from the date of initial parole or fiem the dais
and shall he a period
chronologically determined. Time during which parole is suspended
because the prisoner has absconded or has been returned to custody as a
parole violator shall not be credited toward any period of parole unless the
prisoner is found not guilty of the parole violation. However, irr no case,
exeepe the period ofparole is subject to the following:
(A) Except as provided in Section 3064, in no case may a prisoner
subject to three years on parole be retained under parole supervision or in
custody for a period longer than four years from the date of his or her initial
parole, mid; ezeepeparole.
(B) Except as provided in Section 3064, in no case may a prisoner
subject to five yeas on parole be retained under parole supervision or in
custody fora period longerthan seven yeas from the date ofhis orher initial
parole at fien, the date of extermirri of arad, p.—tit to Mmpaph-(3).
(C) Eweptmpr dedin Secdon3064.innoememayapriso mtbjwt
to 10 years m parole be remind under parole supervision or in custodyfora
periodlonger than 15 yearsfrom the damofhis or her initial parole.
(6) The Department of Corrections shall meet with each inmate at
least 30 days prior to his or her good time release date and shall provide,
under guidelines specified by the parole authority, the conditions of parole
and the length of parole up to the maximum period of time provided by
law. The inmate has the right to reconsideration of the length of parole and
conditions thereof by the parole authority. The Department of Corrections
or the Board of Prison Terms may impose as a condition of parole that a
prisoner make payments on the prisoner's outstanding restitution fines or
orders imposed pursuant to subdivision (a) or (c) of Section 13967 of the
Government Code, as operative prior to September 28,1994, or subdivision
(b) or (f) of Section 1202.4.
(7) For purposes of this chapter, the Board of Prison Terms shall be
considered the parole authority.
(8) The sole authority to issue warrants for the mturn to actual
custody of any state prisoner mica" on parole rests with the Board of
Prison Terms, except for any eacaped state prisoner or any state prisoner
released prior to his or her scheduled release date who should be mturned
to custody, and Section 3060 shall apply.
(9) It is the intent of the Legislature that efforts be made with
respect to persons who are subject to subparagraph (C) of paragraph (1)
of subdivision (a) of Section 290 who are on parole to engage them in
treatment.
SEC. 18. Section 3000.07 is added to the Penal Code, to read:
3000.07 (a) Every inmate who has been convicted for any felony
violation ofa "registerable, sex offense" described in subparagraph (A) of
paragraph (2) ofsubdivision (a) of Section 190 or any attempt to commit
any of the above - mentioned offenses and who is committed to prison and.
released on parole pursuant to Section 3000 or 3000.1 shall be monitored
by a global positioning system for the term of his or her parole or for the
duration or any remainingpart thereof whichever period oftlme is less.
(b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs assoelated with the monitoring by a global
pasitioningsystem. However, the Department ofCorrections shall watveany
* * * Text of Proposed Laws 1 133
n
TEXT OF PROPOSED LAWS * * *
or all of that payment upon a finding ofan inability to pay. The department
shall consider any remaining amounts the inmate has been ordered to pay
in fines, assessments and restitution fines. fees, and orders, and shall give
priority to the payment of those items before requiring that the inmate pay
for the global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to payfor those monitoring costs.
SEC. 19. Section 3001 of the Penal Code is amended to read:
3001. (a) Notwithstanding any other provision of law, when any
person referred to in paragraph (1) of subdivision (b) of Section 3000 who
was not imprisoned for committing a violent felony, as defined in subdivision
(c) of Section 667.5, has been released on parole from the state prison, and
has been on parole continuously for one year since release from confinement,
within 30 days, that person shall be discharged from parole, unless the
Departmentof Corrections recommends to the Board of Prison Terms that the
person be retained on parole and the board, for good cause, determines that
the person will be retained. Notwithstanding my other provision of law, when
any person referred to in paragraph (1) of subdivision (b) of Section 3000 who
was imprisoned for committing a violent felony, as defined in subdivision
(c) of Section 667.5, has been released on parole from the state prison for a
period not exceeding three years and has been on parole continuously for two
years since release from confinement, or has been released on parole from
the state prison for a period not exceeding five years and has been on parole
continuously for three years since release from confinement, the department
shall discharge, within 30 days, that person from parole, unless the department
recarrmends to the board that the person be retained on parole and the board,
for good cause, deterseires that the person will be retained. The board shall
make a written record of its determination and the department shall transmit
a copy thereof to the parolee.
(b) Notwithstanding any other provision of law, when any person
referred to in paragraph (2) er(3) of subdivision (b) of Section 3000 has been
released on parole from the state prison, and has been on parole continuously
for three years since release from confinement or since monsion of ..of
the board shall discharge, within 30 days, the person from parole, unless
the board, for good cause, determines that the person will be retained on
parole. The board shall make a written record of its determination and the
department shall transmit a copy thereof to the parolee.
(c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
rontinuouslyfor six years since release from confinement, the board shall
discharge, within 30 days, the person from parole, unless the board, for
good cause, determines that the person will be retained on parole. The
board shall make a written record of its determination and the department
shall transmit a copy thereof to the parolee.
(d) In the event of a retention on parole, the parolee shall be entitled
to a review by the parole authority each year thereafter mail the maximum
statutory period of parole has expired.
(41) (e) The amendments to this section made during the 198748
Regular Session of the Legislat re.shall only be applied prospectively
and shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
SEC. 20. Section 3003 of the Penal Code is amended to read:
3003. (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county, that was the last
legal residence of the inmate prior to his or her incarceration.
For purposes of this subdivision, "last legal residence" shall not be
constmed to mean the county wherein the inmate committed an offense
while confined in a state prison or local jail facility or while confined for
treatment in a state hospital.
(b) Notwithstanding subdivision (a), an innate may be returned
to another county if that would be in the best interests of the public. If
the Board of Prison Terms setting the conditions of parole for inmates
sentenced pursuant to subdivision (b) of Section 1168, as determined by
the parole consideration panel, or the Department of Corrections setting
the conditions of parole for inmates sentenced pursuant to Section 1170,
decides on a. return to another comty, it shall place its reasons in writing
in the parolee's permanent record and include these reasons in the notice
to the sheriff or chief of police pursuant to Section 3058.6. In making its
decision, the paroling authority shall consider, among others, the following
1341 Text of Proposed laws * * *
factors, giving the greatest weight to the protection of the victim and the
safety of the community:
(1) The need to protect the life or safety of a victim, the parolee, a
witness, or any other person.
(2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
(3) The verified existence of a work offer, or an educational or
vocational training program.
(4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the chance
that the inmate's parole would be successfully completed.
(5) The lack of necessary outpatient treatment programs for parolees
receiving treatment pursuant to Section 2960.
(c) The Department of Corrections, in determining an out -of -county,
commitment, shall give priority to the safety of the community and any
witnesses and victims.
(d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with Section
2717.1) of Chapter 5, the paroling authority shall give serious consideration
to releasing him or her to the county where the joint venture program
employer is located if that employer states to the paroling authority that he
or she intends to employ the inmate uponrelease.
(e)(1) The fallowinginformation, if available, shall bereleasedby the
Department of Corrections to local law enforcement agencies regarding a
paroled inmate who is released in theirjurisdictions:
(A) Last, first, and middle name.
(B) Birth date.
(C) Sex, race, height, weight, and hair and eye color.
(D) Date of parole anddischarge.
(E) Registration status, if the inmate is required m registeras aresult
of a controlled substance, sex, or arson offense.
(F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
(G) County of commitment.
(H) A description of scars, marks, and tattoos on the inmate.
(I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
(J) Address, including all of the following information:
(i) Street name and number. Post office box numbers are not
acceptable for purposes of this subparagraph.
(ii) City and ZIP Code.
(iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
(K) Contact officer and unit, including all of the following
information:
(i) Name and telephone number of each contact officer.
(ii) Contact unit type of each contact officersuchas units responsible
for parole, registration, or county probation.
(L) A digitized image of the photograph and at least a single digit
fingerprint of the parolee.
(Ivf) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (OIS) or comparable
computer program.
(2) The information required by this subdivision shall come from the
statewide parolee database. The information obtained from each source
shall be based on the same timeframe.
(3) All of the information required by this subdivision shall be
provided utilizing a computer-tocomputer transfer in a format usable
by a desktop computer system. The transfer of this information shall be
continually available to local law enforcement agencies upon requesL .
(4) The unauthorized release or receipt of the information described
in this subdivision is a violation of Section 11143.
(f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35 miles of the
actual residence of a victim of� or a witness to, a violent felony as defined
in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 667.5 or a
V�
(PROPOSITION 83 CONTINUED)
felony in which the defendant inflicts great bodily injury on my person other
than an accomplice that has been charged and proved as provided for in
Section 12022.53,12022.7, or 12022.9, ifthe victim or witness has requested
additional distance in the placememof the inmate on parole, and if the Hoard
of Prison Terms or the Department of Corrections finds that there is a need
to protect the life, safety, or well -being of a victim or wimecs.
Notwithstanding any other law, an inmate who is released on parole
fora violation of Section 288 or 288.5 whom the Department of Corrections
and Rehabilitation determines poses a high risk to the public shall not be
placed or reside, for the duration of his or her parole, within one -half mile
of any public or private school including any or all of kindergarten and
grades I to 12, inclusive.
(h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a location
within 35 miles of the victims actual residence or place of employment if
the victim or witness has requested additional distance in the placement of
the inmate on parole, and if the Board of Prison Terms or the Department
of Corrections finds that there is a need to protect the life, safety, or well-
being of the victim.
(i) (h) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out -of- county commitments
from a county compared to the number of commitments from that county
when making parole decisions.
(j) (i) An inmate may be paroled to another state pursuant to any
other law.
fk) Q)(1) Except as provided in paragraph (2), the Department of
Corrections shall be the agency primarily responsible for, and shall have
control over, the program, resources, and staff implementing the Law
Enforcement Automated Data System (LEADS) in conformance with
subdivision (e).
(2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of intbrmation
under LEADS that relates to fingerprint cards.
SEC. 21. Section 3003.5 of the Penal Code is amended to read:
3003.5. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of imprisonment
in state prison for any offense for which registration is required pursuant
to Section 290, that person may not, during the period of pamke reside in
any single family dwelling with any other person also required to register
pursuant to Section 290, unless those persons are legally related by blood,
marriage, oradoption. Forpurposes of this section, "single familydwelling"
shall not include a residential facility which serves six or fewer persons.
(b) Notwithsmndinganyotherprovtsimoflawitisun fawfulforuny
person for whom registrations requtred pursuant to Section 290 to reside
within 2000 feet of any public or private school, or park where children
regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency of any
person for whom registration m required pursuant to Section 290.
SEC. 22. Section 3004 of the Penal Code is amended to read:
3004. (a) Notwithstanding any other law, the parole authority may
require, as a condition of release on parole or reinstatement on parole, or
as an intermediate sanction in lieu of return to prison, that an inmate or
parolee agree in writing to the use of electronic monitoring or supervising
devices for the purpose of helping to verify his or her compliance with all
other conditions of parole. The devices shall not be used to eavesdrop or
record anyconversation, except a conversation between the parolee and the
agent supervising the parolee which is to be used solely for the purposes
of voice identification.
(b) Every inmate who has been convicted for any felony violation of
a "registerable ses offense "described in subparagraph (A) of paragraph
(2) of subdivision (a) of Section 290 or any attempt to commit any of the
above- mentioned offenses and who is committed to prison and released on
parole pursuant to Section 3000 or 3000.1 shall be monitored by a global
positioning system for life.
* * * TEXT OF PROPOSED LAWS
(c) Any inmate released on parole pursuant to this section shall be
required m pay for the costs associated with the monitoring by a global
positioning system. However, the Department of Corrections shall waive
any or all of that payment upon a finding of an inability to pay. The
department shall consider any. remaining amounts the inmate has been
ordered to pay in fines, assessments and restitution fines, fees, and arders,
and shall give priority to the payment of those items before requiring that
the inmate pay for the global positioning monitoring.
SEC. 23. Section 12022.75 of the Penal Code is amended to read:
12022.75. A ny( a) Exceptmpmvidedinsubdivision (b),anyperson
who, for the purpose of committing a felony, administers by injection,
inhalation, ingestion, or any other means, any controlled substance listed
in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety
Code, against the victim's will by means of force, violence, or fear of
immediate and unlawful bodily injury to the victim or another person,
shall, in addition and consecutive to the penalty provided for the felonry or
attempted felony of which he or she bas been convicted, be punished by an
additional term of three years.
(b) (1) Any person who, in the commission or attempted commission
of any offense specified in paragraph (2), administers any controlled
substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the
Health and Safety Code to the victim shall be punished by an additional
and consecutive term of imprisonment in the state prison for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation ofparagraph (3) or (4) of subdivision (a) of
Section 261.
(R) Sodomy, in violation ofsubdivision (J) or (i) of Section 286.
(C) Oral copulation, in violation ofsubdivisum (n or (i) of Section
288x.
(D) Sexual penetration, in violation of subdivision (d) or (e) of
Section 289.
(E) Any offense specified in subdivision (c) of Section 667.61.
SEC. 24. Section 6600 of the Welfare and Institutions Code is
amended to read:
6600. As used in this article, the following terms have the following
meanings:
(a)(1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against two one or more victims
and who has a diagnosed mental 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.
(2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
(A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
(B) A conviction for an offense described in subdivision (b) that
was committed prior to July 1, 1977, and that resulted in an indeterminate
prison sentence.
(C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision (b).
(D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision (b).
(E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
(F) A prior finding of not guilty by reason of insanity for an offense
described in subdivision (b).
(G) A conviction resulting in a finding that the person was a mentally
disordered sex offender.
(H) Aprior convictionfor an offense describedin subdivision(b)for
which the person was committed to the Department of the Youth Authority
pursuant to Section 1731.5.
(1) Apriorconvictionforan offensedescr ibedinsubdivision(b) that
resulted in an indeterminate prison sentence.
(3) Conviction of one or moreof the crimes enumerated in this section
shall constitute evidence that may support a court or jury determination
that a person is a sexually violent predator, but shall not be the sole basis
for the determination. The existence ofany prim convictions maybe shown
with documentary evidence. The details underlying the commission of an
* * * Text of Proposed Laws 1 135
TEXT OF PROPOSED LAWS * * *
offense that led to a prior conviction, including a predatory relationship
with the victim, may be shown by documentary evidence, including, but
not limited to, preliminary hearing transcripts, trial transcripts, probation
andsentencing reports, and evaluations by the State Department of Mental
Health. Jurors shall be admonished that they may not find a person a
sexually violent predator based on prior offenses absent relevant evidence
of a currently diagnosed mental 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.
(4) The provisions of this section shall apply to any person against
whom proceedings were initiated for commitment as a sexually violent
predator on or after January 1, 1996.
(b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, tar fear of immediate and
unlawful bodily injury on the victim or another person, or threatening
to retaliate in the future against the victim or any other person, and that
are committed on, before, or after the effective date of this article and
result in a conviction or a finding of not guilty by reason of insanity, as
pro vided defined in subdivision (a): a felony violation of raph (2) of
subdivision (a) of Section 261,
262, Section 264.1, 269, 186, 288, 188a,
188.5, or sabdivisiem{a}of5cctiom289 of the Penal Code, or sademyor
any
felony violation of Section 207, 109, or 110 of the Penal Code, committed
with the intent to commit a violation of Section 261, 262, 164.1, 186, 188,
288a. or 189 of the Penal Code.
(c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that 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) "Danger tothe health and safety ofotherz?'does not require proof
of a recent overt act while the offender is in custody.
(e) "Predatory" means ad act is directed toward a stranger, a person
of casual acquaintance with whom no substantial relationship exists, or an
individual with whom a relationship has been established or promoted for
the primary purpose of victimization.
(f) "Recent oven act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory criminal
behavior.
(g) Notwithstanding any other provision of law and for purposes of
this section, . mate than — a prior juvenile adjudication of a sexually
violent offense may constitute a prior conviction for which the person
received a determinate term if all of the following appiies apply:
(1) The juvenile was 16 years of age or older at the time he or she
committed the prior offense.
(2) The prior offense is a sexually violent offense as specified in
subdivision (b).
of this subdivision-
(3) Thejuvenile was adjudged a ward ofthejuvemle court within the
meaning of Section 602 because of the person's commission of the offense
giving rise to thejuvenile count adjudication.
(4) The juvenile was committed to the Department of the Youth
Authority for the sexually violent offense.
(h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be entitled to
specific treatment as a sexual offender. The failure of a minor to receive that
treatment shall not constitute a defense or bar to a determination that any
person is a sexually violent predator within the meaning of this article.
SEC. 25. Section 6600.1 of the Welfare and Institutions Code is
amended to read:
6600.1. (a) If the victim of an underlying offense that is specified
in subdivision (b) of Section 6600 is a child under the age of 14 and the
the offense shall
constitute a "sexually violent offense" for purposes of Section 6600.
the-offenden
SEC. 26. Section 6601 of the Welfare and Institutions Code is
136 1 Text of limposed Laws * * *
amended to read:
6601. (a)(1) Whenever the Director of Corrections determines that
an individual who is in custody under the jurisdiction of the Department
of Corrections, and who is either serving a determinate prison sentence
or whose parole has been revoked, may be a sexually violent predator, the
director shall, at least six months prior to that individual's scheduled date
for release from prison, refer the person for evaluation in accordance with
this section. However, if the inmate was received by the department with
less than nine months of his or her sentence to serve, or if the inmate's
release date is modified by judicial or administrative action, the director
may refer the person for evaluation in accordance with this section at a date
that is less than six months prior to the inmate's scheduled release date.
(2) A petition may be filed under this section if the individual
was in custody pursuant to his or her determinate prison term, parole
revocation term, or a hold placed pursuant to Section 6601.3, at the time
the petition is filed. A petition shall not be dismissed on the basis of a later
judicial or administrative determination that the individual's custody was
unlawful, if the unlawful custody was the result of a good faith mistake
of fact or law. This paragraph shall apply to any petition filed on or after
January 1, 1996.
(b) The person shall be screened by the Department of Corrections
and the Board of Prison Terms based on whether the person has committed
a sexually violent predatory offense and on a review of the person's social,
criminal, and institutional history. This screening shall be conducted
in accordance with a structured screening instrument developed and
updated by the State Department of Mental Health in consultation with the
Department of Corrections. If as a result of this screening it is determined
that the person is likely to be a sexually violent predator, the Department
of Corrections shall refer the person to the State Department of Mental
Health for a full evaluation of whether the person meets the criteria in
Section 6600.
(c) The State Department of Mental Health shall evaluate the person
in accordance with a standardized assessment protocol, developed and
updated by the State Department of Mental Health, to determine whether
the person is a sexually violent predator as defined in this article. The
standardized assessment protocol shall require assessment of diagnosable
mental disorders, as well asvarious factors known to be associated with the
risk of moffense among sex offenders. Risk factors to be considered shall
include criminal and psychosexual history, type, degree, and duration of
sexual deviance, and severity of mental disorder.
(d) Pursuant to subdivision (c), 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 diagnosed mental disorder
so that 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 to the
county designated in subdivision (i). Copies of the evaluation reports and
any other supporting documents shall be made available to the attorney
designated by the county pursuant to subdivision (i) who may file a petition
for commitment.
(e) If one of the professionals performing the evaluation pursuant to
subdivision (d) does not concur that the person meets the criteria specified
in subdivision (d), but the other professional concludes that the person
meets those criteria, the Director of Mental Health shall arrange for further
examination of the person by two independent professionals selected in
accordance with subdivision (g).
(f) If an examination by independent professionals pursuant to
subdivision (e) is conducted, a petition to request commitment under this
article shall only be filed ifboth independent professionals who evaluate the
person pursuant to subdivision (e) concur that the person meets the criteria
for commitment specified in subdivision (d): The professionals selected
to evaluate the person pursuant to subdivision (g) shall inform the person
that the purpose of their examination is not treatment but to determine if
the person meets certain criteria to be involuntarily committed pursuant
to this article. It is not required that the person appreciate or understand
that information.
(g) Any independent professional who is designated by the Director
of Corrections or the Director of Mental Health for purposes of this section
shall not be a state government employee, shall have at least five years
of experience in the diagnosis and treatment of mental disorders, and
(PROPOSITION 83 CONTINUED)
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 the court to evaluate the person for
purposes of any other proceedings under this article.
(h) If the State Department of Mental Health determines that the
person is a sexually violent predator as defined in this article, the Director
of Mental Health shall forward a request for a petition to be filed for
commitment under this article to the county designated in subdivision (i).
Copies of the evaluation reports and any other supporting documents shall
be made available to the attorney designated by the county pursuant
to subdivision (i) who may file a petition for commitment in the
superior court.
(i) If the county's designated counsel concurs with the
recommendation, a petition for commitment shall be filed in the superior
court of the county in which the person was convicted of the offense for
which he or she was committed to 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.
(j) The time limits set forth in this section shall not apply during the
first year that this article is operative.
(k) If the person is otherwise subject to parole, a finding or placement
made pursuant to this article shall stet to ll,
the term of parole pursuant to Article 1 (commencing with Section 3000)
of Chapter 8 of Title 1 of Part 3 of the Penal Code.
(I) Pursuant to subdivision (d), the attorney designated by the county
pursuant to subdivision (i) shall notity the State Department of Mental
Health of its decision regarding the filing of a petition for commitment
within 15 days of making that decision.
SEC. 27. Section 6604 of the Welfare and Institutions Code is
amended to read:
6604. Thecourtorjuryshall determine whether, beyondareasonable
doubt, the person is a sexually violent predator. If the court or jury is not
satisfied beyond a reasonable doubt that the person is a sexually violent
predator, the court shall direct that the person be released a[ the conclusion
of the term for which he or she was initially sentenced, or that the person
be unconditionally released at the end of parole, whichever is applicable. If
the court orjury determines that the person is a sexually violent predator,
the person shall be committed for too yew an indeterminate term to
the custody of the State Department of Mental Health for appropriate
treatment and confinement in a secure facility designated by the Director
of Mental Health, and the perso i shall riot be kept in actuad cartoo loose
or count toohnni the two-yeas W. it of versus it—em; u.!--
placed it. a locked fiteility by the co tditiothal mlease
caw the hit to t a locked
corrtmmneat The facility shall be located on the grounds of an institution
under thejurisdiction of the Department of Corrections.
SEC. 28. Section 6604.1 of the Welfare and Institutions Code is
amended to read:
6604.1. (a) The Each )m indeterminate term of commitment
provided for in Section 6604 shall commence on the date upon which the
court issues the initial order of commitment pursuant to that section. The
(b) The person shall be evaluated by two practicing psychologists
or psychiatrists, or by one practicing psychologist and one practicing
psychiatrist, designated by the State Department of Mental Health. The
provisions of subdivisions (c) to (i), inclusive, of Section 6601 shall apply
to evaluations performed for purposes of extended commitments. The
rights, requirements, and procedures set forth in Section 6603 shall apply
to exended all commitment proceedings.
SEC. 29. Section 6605 of the Welfare and Institutions Code is
* * * TEXT OF PROPOSED LAWS
amended to read:
6605. (a) A person found to be a sexually 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 year. The annual report shag include consideration ofwhether
the committed person currently meets the defenttton of a sexually violent
predator and whether conditional release to a less restrictive alternative
or an unconditional release is in the best interest of the person and
conditions can be imposed that would adequately protect the community.
The Department of Mental Health shall file this periodic report with the
court that committed the person under this article. The report shall be
in the form of a declaration and shall be prepared by a professionally
qualified person. A copy of the report shall be served on the prosecuting
agency Involved in the initial commitment and upon the committed person.
The person may retain, or if he or she is indigent and an 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)
uniften tefice oF his or be right to petitim the emint fin conditional
ml... a Lder Section 6608. The notice sl all c
T-he ditectot shall forward the holies and -vai, fin— to the mmt;yi &
ight to petition the cow t fin conditional telease; the con. t shall set a shon
came heat ing to determ it e nbether fibets exist that Narrahat a best it), M
uthether the perBelem eh, n w she would not be
. If the Department of Mental Health
determines that either., (I) the person's condition has so changed that the
person no longermeets the definhlan ofa sexually violent predator, or (2)
conditional release to a less restrictive alternative is In the best Interest
of the person and conditions can be imposed that adequately protect the
community, the director shall authorize the person to petition the courtfor
comditional release to a less restrictive alternative orforan unconditional
discharge. The petition shall be fled with the court and served upon the
prosecuting agency responsible for the initial commitment. The court,
upon receipt of the petition for conditional release to a less restrictive
alternative or unconditional discharge, shall order a show cause hearing
at which the court can consider the petition and any accompanying
documentation provided by the medical director. the prosecuting attorney
or the committed person.
(c) If the court at the show cause hearing determines that probable
cause exists to believe that the committed person's diagnosed mental
disorder has an changed that he or she is not a danger to the health and
safety of others and is not likely to engage in sexually violent criminal
behavior if discharged, Men the court shall set a hearing on the issue.
(d) At the hearing, the committed person shall have the right to be
present and shall be entitled to the benefit of all constitmional protections
that were afforded to him other at the initial commitment proceeding. The
attorney designated by the county pursuant to subdivision (i) of Section
6601 shall represent the state and shall have the right to demand ajury trial
and to have the committed person evaluated by experts chosen by the states
The committed person also shall have the right to demand a jury trial and
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 bearing shall be on the state to prove beyond a
reasonable doubt that the committed Person's diagnosed mental disorder
remains such that he or she is a danger to the health and safety of others and
is likely to engage in sexually violent criminal behavior if discharged.
(e) If the court or jury rules against the committed person at the
hearing conducted pursuant to subdivision (d), the term of commitment
of the person shall run for a an indeterminate period of too -7mrs from the
dam of this ruling. If the court orjury rules for the committed person, he or
she shall be unconditionally released and unconditionally discharged.
(f) In the event that the State Department of Mental Health has reason
to believe that a person committed to it as a sexually violent predator is
no longer a sexually violent predator, it shall seek judicial review of the
person's commitment pursuant to the procedures set forth in Section 7250
in the superior court from which the commitment was made. Ifthe superior
court determines that the person is no longer a sexually violent predator, he
* * * Ton of Proposed. Laws 1 137
TEXT OF PROPOSED LAWS it it it
or she shall be unconditionally released and unconditionally discharged.
SEC. 30. Section 6608 of the Welfare and Institutions Code is
amended to read:
6608. (a) Nothing in this article shall prohibit the person who
has been committed as a sexually violent predator from petitioning the
court for conditional release and subscquen or an unconditional discharge
without the recommendation or concurrence of the Director of Mental
Health. If a person has previously filed a petition for conditional release
without the concurrence of the director and the court determined, either
upon review of the petition or following a hearing, that the petition was
frivolous or that the committed person's condition had not so changed that
he or she would not be a danger to others in that it is not likely that he
or she will engage in sexually violent criminal behavior if placed under
supervision 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 committed person had so changed 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 grounds and, if so, shall deny the petition without a
hearing. The person petitioning for conditional release and unconditional
discharge under this subdivision shall be entitled to assistance of counsel.
(b) The court shall give notice of the hearing date to the attorney
designated in subdivision (i) 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.
(c) 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 one
year from the date of the order of commitment.
(d) The court shall hold a hearing to determine whether the person
committed would be 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
due to his or her diagnosed mental disorder if under supervision and
treatment in the community. If the court at the hearing determines that
the committed person would not be a danger to others due to his or her
diagnosed mental disorder while under supervision and treatment in the
community, the court shall order the committed person 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 outpatient 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 diagnosed mental disorder, he or she is not a
danger to the health and safety of when in that it is not likely that he or she
will engage in sexually violent criminal behavior. 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.
(e) Before placing a committed person in a stawoperated forensic
conditional release program, the community program director designated
by the State Department of Mental Health shall submit a written
recommendation to the court stating which forensic conditional release
program is most appropriate for supervising and treating the committed
person. If the coast 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 the person placed in the forensic
conditional release program.
(f) If the court determines that the person should be transferred to
a state - operated forenstc conditional release program, the community
program director, or his or her designee, shall make the necessary
placement arrangements and, within 21 days after receiving notice of the
court's finding, the person shall be placed in the community in accordance
with the treatment and supervision plan an less good cause for not doing so
is presented to the court.
(g) If the court rules against the committed person at the trial for
unconditional release from commitment, thecourt mayplace the committed
person on outpatient status in accordance with the procedures described to
Title 15 (commencing with Section 1600) of Part 2 of the Penal Code.
138 1 Text of Proposed Laws * * *
(h) Ifthe court denies thepelilionlop lace the person in an appropriate
forensic conditional release program or if the petition for unconditional
discharge is denied, the person may not file a new application until one
year has elapsed from the date of the denial.
(i) In any hearing authorized by this section, the petitioner shall have
the burden of proof by a preponderance of the evidence.
0) If the petition for conditional release is not made by the director
of the treatment facility to which the person is committed, no action oa
the petition shat l be taken by the court without first obtaining the written
recommendation of the director of the treatment facility.
(k) Time spent in a conditional 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 by the conditional release
program, in which case the time spent in a locked facility shall count
toward the term of commitment.
SEC. 31. Intent Clause
It is the intent of the People of the State of California in courting this
measure to strengthen and improve the laws that punish and control sexual
offenders. Il is also the intent of the People of the State of California that
if any provision in this act conflicts with any other provision of law that
provides for a greater penalty or longer period of imprisonment the latter
provision shall apply.
SEC. 32. Severabilily Clause
If any provision of this act, or part thereof, is for any mason held to be
invalid or unconstitutional, the remaining provisions shall not be affected,
but shall remain in full force and effect, and to this end the provisions of
this act are severable.
SEC. 33. Amendment Clause
The provisions of this act shall net be amended by the Legislature
except by a statute passed in each horse by rollcall vote entered in the
journal, two - thirds of the membership of each house concurring, or by a
statute that becomes effective only when approved by the voters. However,
the Legislature may amend the provisions of this act to expand the scope
of their application or to increase the punishments or penalties provided
herein by a statute passed by majority vote of each house thereof.
PROPOSITION 84
This initiative measure is submitted to the people in accordance with
the provisions of Article II, Section 8, of the California Constitution.
This initiative measure adds sections to the Public Resources Code;
therefore, new provistons proposed to be added are printed in italic type to
indicate that they are new.
PROPOSED LAW
SECTION 1. Division 43 is added to the Public Resources Code,
to read:
DI VISION 43. THE SA FE DR INKING WA TER, WATER QUALITY
AND SUPPLY, FLOOD CONTROL, RIVERAND COASTAL
PROTECTION BOND ACT OF 2006
CHAPTER I. GENERAL PROVISIONS
75001. This Division shall be known and maybe cited as the Safe
Drinking Water, Water Quality and Supply. Flood Central River and
Coastal Protection Bond Act of2006.
75002. The people ofCahforn lafmdanddeciarethatprotecting the
stare's drinking water and water resources is vital to the public health, the
state's ecowmy, and the environment.
75002.5. Thepeople of Californiafurtherfmd and declare that the
state's waters are vulnerable to contamination by dangerous bacteria,
polluted runoff; toxic chemicals, damage from catastrophic floods and
the demands of a growing population. Therefore, actions must be taken to
ensure safe drinking water and a reliable supply of water for forms. cities
and businesses, as well as to protect California's rivers, hakes, streams,
beaches, bays and coastal waters, for this amt fauregenerarions.
75003, The people of California further fund and declare that it is
�2