Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law prohibits a person being released under these provisions from being placed within 1 4 mile of any public or private school, as specified, if the person has previously been convicted of specified sexual misconduct of a child or if the court finds that the person has a history of improper sexual conduct with children.

This bill would additionally prohibit a person being released under the above-described provisions from being placed within 1 4 mile of a child daycare facility. The bill would define private school to mean a facility or home that has filed a private school affidavit with the State Department of Education, as specified, that provides private school instruction to any student between 6 to 18 years of age, inclusive, and is publicly listed on the directory maintained by the State Department of Education.