Corrections: parole and prerelease treatment.
What changed between versions
New Penal Code Section 3053.9 requires the Board of Parole Hearings to review a sexual dangerousness screening (conducted by a licensed psychologist) before considering parole suitability for anyone sentenced to an indeterminate term for a sexually violent offense. If the screening indicates the person may qualify as a sexually violent predator and parole is granted, the person must be immediately referred to the State Department of State Hospitals for evaluation.
The sexual dangerousness screening must be jointly created by the Board of Parole Hearings and the State Department of State Hospitals, must consider victim demographics, nature of violence, persistence of offending, and evidence of sexual deviance, and must be reviewed at least every three years.
New Penal Code Section 5075.6 requires all commissioners and deputy commissioners who conduct parole hearings to undergo a minimum of 48 hours of training (increased from 40 hours) within 60 days of appointment and annually thereafter, including a new required topic on sex offender behaviors, risks, and treatment considerations provided by the State Department of State Hospitals.
New subparagraph in Welfare and Institutions Code Section 6601(a)(1) requires immediate referral for SVP evaluation when a person whose sexual dangerousness screening indicates possible SVP qualification is granted parole, with a waiver available if the person is permanently medically incapacitated.
The Elderly Parole Program exclusion for sex offenders was consolidated. Previously, persons sentenced under Sections 667.61 and 667.71 (multiple-victim enhancements) required age 75 and 30 years of continuous incarceration to be eligible, while those under Sections 269 and 288.7 required age 65 and 25 years. The Senate version applies a single threshold of age 65 and 25 years of continuous incarceration to all persons sentenced under Sections 269, 288.7, 667.61, and 667.71, effectively lowering the bar for the multiple-victim enhancement group.
New Welfare and Institutions Code Section 6600 codifies definitions for sexually violent predator proceedings, including definitions of 'sexually violent predator,' 'sexually violent offense,' 'diagnosed mental disorder,' 'predatory,' and 'recent overt act.' It also specifies that prior juvenile adjudications for sexually violent offenses may count as prior convictions if the juvenile was 16 or older and committed to the Division of Juvenile Facilities.
Throughout the bill, the term 'inmate' was replaced with 'incarcerated person' and gendered pronouns 'he or she' were replaced with 'they,' reflecting updated legislative drafting conventions.