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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-01-05</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-09</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Members Krell and Hoover</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Senator Niello)</ns0:AuthorText>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Krell</ns0:Name>
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<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
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<ns0:Name>Hoover</ns0:Name>
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<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Niello</ns0:Name>
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<ns0:Title> An act to amend Sections 6600 and 6601 of the Welfare and Institutions Code, relating to public social services.</ns0:Title>
<ns0:RelatingClause>public social services</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Sexually violent predators.</ns0:Subject>
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<html:p>Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against 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 the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State
Hospitals at least 6 months prior to that individual’s scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation.</html:p>
<html:p>This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person will be scheduled for a parole hearing within the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent
predators, this bill would impose a state-mandated local program.</html:p>
<html:p>The bill would also make conforming changes.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 6600 of the
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is amended to read:
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<ns0:Num>6600.</ns0:Num>
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<html:p>As used in this article, the following terms have the following meanings:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Sexually violent predator” means a person who has been convicted of a sexually violent offense against 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 they will engage in sexually violent criminal behavior.
</html:p>
<html:p>
(2)
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For purposes of this subdivision any of the following shall be considered a conviction for a sexually
violent offense:
</html:p>
<html:p>
(A)
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A prior or current conviction that resulted in a determinate prison sentence for an offense described in subdivision (b).
</html:p>
<html:p>
(B)
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A prior conviction in another jurisdiction for an offense that includes all of the elements of an offense described in subdivision (b).
</html:p>
<html:p>
(C)
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A conviction for an offense under a predecessor statute that includes all of the elements of an offense described in subdivision (b).
</html:p>
<html:p>
(D)
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A prior conviction for which the incarcerated person received a grant of probation for an offense described in subdivision (b).
</html:p>
<html:p>
(E)
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A prior finding of not guilty by reason of insanity for an offense described in subdivision (b).
</html:p>
<html:p>
(F)
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A conviction resulting in a finding that the person was a mentally disordered sex offender.
</html:p>
<html:p>
(G)
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A prior conviction for an offense described in subdivision (b) for which the person was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation pursuant to Section 1731.5.
</html:p>
<html:p>
(H)
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A
conviction for an offense described in subdivision (b) that resulted in an indeterminate prison sentence.
</html:p>
<html:p>
(3)
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Conviction of one or more of 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 of any prior convictions may be shown with documentary evidence. The details underlying the commission of an 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 and sentencing reports, and evaluations by the State Department of State Hospitals. 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 they will engage in sexually violent criminal behavior.
</html:p>
<html:p>
(4)
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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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Sexually violent offense” means the following acts when committed by force, violence, duress, menace, 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 defined in subdivision (a): a felony violation of Section 261, 262, 264.1, 269, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code, or any felony violation of Section 207, 209, or 220 of the Penal Code, committed with the intent to commit a violation of Section 261, 262, 264.1, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Danger to the health and safety of others” does not require proof of a recent overt act while the offender is in custody.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Predatory” means an 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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Recent overt act” means any criminal act that manifests a likelihood that the actor may engage in sexually violent predatory criminal behavior.
</html:p>
<html:p>
(g)
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Notwithstanding any other provision of law and for purposes of this section, 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 apply:
</html:p>
<html:p>
(1)
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The juvenile was 16 years of age or older at the time
they committed the prior offense.
</html:p>
<html:p>
(2)
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The prior offense is a sexually violent offense as specified in subdivision (b).
</html:p>
<html:p>
(3)
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The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 because of the person’s commission of the offense giving rise to the juvenile court adjudication.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The juvenile was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation for the sexually violent offense.
</html:p>
<html:p>
(h)
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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.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 6601 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>6601.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
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When the Secretary of the Department of Corrections and Rehabilitation or the Executive Officer of the Board of Parole Hearings determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, who is either serving a prison sentence or whose parole has been revoked, and who is not in custody for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, may be a sexually violent predator, the secretary
or the Executive Officer of the Board of Parole Hearings 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 incarcerated person was received by the department with less than nine months of their sentence to serve, if the incarcerated person’s release date is modified by judicial or administrative action,
or if the incarcerated person will be scheduled for a parole hearing in the next six months, the secretary or the Executive Officer of the Board of Parole Hearings may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the incarcerated person’s scheduled release date.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When an individual is in custody under the jurisdiction of the Department of Corrections and Rehabilitation for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, the
Secretary of the Department of Corrections and Rehabilitation shall, at least six months prior to the individual’s scheduled date for release from prison, refer the person directly to the State Department of State Hospitals for a full evaluation of whether the person still meets the criteria in Section 6600. However, if the incarcerated person was received by the department with less than nine months of their sentence to serve, or if the incarcerated person’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that
is less than six months prior to the
incarcerated person’s scheduled release date. The evaluation shall be conducted in accordance with subdivisions (c) to (g), inclusive. If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a court order no less than 20 calendar days prior to the scheduled release date of the person to the county designated in subdivision (i) authorizing a transfer of the individual from the Department of Corrections and Rehabilitation to the State Department of State Hospitals to continue serving the remainder of the individual’s original indeterminate commitment as a sexually violent predator if the original petition has not been dismissed. If the petition has previously been dismissed, the Director of State Hospitals shall forward a request for a new petition to be filed for commitment to the
county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person consistent with subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A petition may be filed under this section if the individual was in custody pursuant to a 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 applies to any petition filed on or after January 1, 1996.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings 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 State Hospitals in consultation with the Department of Corrections and Rehabilitation. 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 and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, 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 as various factors known to be associated with the risk of reoffense 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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 State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals 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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
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 State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both 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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals 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 shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the release of the person. 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a hold is placed pursuant to Section 6601.3 and the State
Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the end of the hold.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person shall have no right to enforce the time limit set forth in this subdivision and shall have no remedy for its violation.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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 the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county
counsel of that county. A person’s subsequent conviction for an offense that is not a sexually violent offense committed while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals that occurs prior to the resolution of a petition filed pursuant to this section shall not change jurisdiction for the petition from the county in which the person was convicted of the offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. If a person is convicted of a subsequent sexually violent offense committed while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals that occurs prior to the resolution of a petition filed pursuant to this section a subsequent petition for commitment as a sexually violent predator pursuant to this section shall be filed in the superior court of the county in which the person was convicted of the subsequent sexually violent
offense. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article.
</html:p>
<html:p>
(j)
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An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment pursuant to subdivision (d) within 15 days of making that
decision.
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<ns0:Num>SEC. 3.</ns0:Num>
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<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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