SB 493

Current law provides for committing a person who is found to be a sexually

violent person to the custody of the Department of Health Services (DHS). Upon

initial commitment, a sexually violent person is placed in institutional care and may

subsequently be placed on supervised release or discharged from commitment.

Every 12 months DHS must appoint an examiner to examine the mental condition

of a person who remains in an institution or on supervised release. At the time of the

annual examination, the sexually violent person may retain his or her own examiner

or have the court appoint an examiner. However, the court is not required to appoint

an examiner if the examination conducted by the DHS-appointed examiner

supports supervised release or discharge of the sexually violent person. This bill

eliminates the exception that the court need not appoint an examiner for a sexually

violent person at the time of the required annual examination if the annual

examination conducted by the DHS-appointed examiner supports supervised

release or discharge.

Current law provides that DHS is responsible for the control, care, and

treatment of a sexually violent person committed to DHS and placed on supervised

release. However, current law specifies that during the first year a sexually violent

person is placed on supervised release, he or she must remain at his or her home

unless under the direct supervision of a Department of Corrections escort. This bill

clarifies that a DHS escort, rather than a Department of Corrections escort,

supervises sexually violent persons on supervised release.

For further information, see the

Notes

provided by the Law Revision

Committee of the Joint Legislative Council.