The California Constitution, as amended by Proposition 57 at the November 8, 2016, statewide general election, makes a person sentenced to state prison for a conviction of a nonviolent felony offense eligible for parole consideration after completing the full term for their primary offense, as defined.

Existing law provides for the civil commitment of a person who a court determines 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 requires the State Department of State Hospitals, or its designee, to consider specified factors when recommending a specific placement for community outpatient treatment, including the concerns and proximity of the victim or the victim’s next of kin and the age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement.

This bill would state the intent of the Legislature to enact legislation to prohibit the early release of inmates by repealing provisions of Proposition 57 and the placement of sexually violent predators in residential communities.