Bill Text: CA AB821 | 2021-2022 | Regular Session | Amended
Bill Title: Sexually violent predators: placement outside county of domicile: notice and hearing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB821 Detail]
Download: California-2021-AB821-Amended.html
Amended
IN
Assembly
March 18, 2021 |
Introduced by Assembly Member Cooper |
February 16, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and an agenda containing a brief general description of each item of business to be transacted. The act also
requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized.
This bill would make nonsubstantive changes to a provision of the Ralph M. Brown Act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 6608.5 of the Welfare and Institutions Code is amended to read:6608.5.
(a) A person who is conditionally released pursuant to this article shall be placed in the county of the domicile of the person prior to the person’s incarceration, unless both of the following conditions are satisfied:SEC. 2.
Section 6609.4 is added to the Welfare and Institutions Code, to read:6609.4.
(a) (1) When the State Department of State Hospitals makes a recommendation to the court for community outpatient treatment for any person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator pursuant to this article has petitioned a court pursuant to Section 6608 for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court pursuant to Section 6608 for subsequent unconditional discharge, and the department is notified, or is aware, of the filing of the petition, and when a community placement location outside of the person’s county of domicile is recommended or proposed, the department shall notify the sheriff or chief of police, or both, the district attorney, and the city attorney or county counsel, that have jurisdiction over any communities where release is proposed, the Department of Justice, and, if the person is subject to parole, the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation.SEC. 3.
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.(a)In enacting this chapter, the Legislature finds and declares that the public commissions, boards, councils, and the other public agencies in this state exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
(b)The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed, so that they may retain control
over the instruments they have created.