Sexually violent predators: evaluations.

Existing law provides for the civil commitment of criminal offenders who have been determined to be sexually violent predators for treatment in a secure state hospital facility, as specified. Under existing law, persons to be evaluated for civil commitment are evaluated by 2 practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If the evaluators agree, then a petition for civil commitment may be filed. Existing law specifies the judicial processes necessary for civil commitment as a sexually violent predator, including, but not limited to, the right by the attorney petitioning for commitment to demand a jury trial and request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, existing law authorizes this attorney to request the State Department of State Hospitals to perform replacement evaluations. Existing law defines when an evaluator is no longer available to testify for this purpose. This bill would include, with a specified exception, an independent professional or state employee who has served as the evaluator who has resigned or retired and has not entered into a new contract to continue as an evaluator in the case within the definition of an evaluator who is no longer available to testify. This bill would declare that it is to take effect immediately as an urgency statute.