1. (a) Upon notification from the Division of Adult Institutions, Department of Mental Health, or Board of Parole Hearings (board) staff that either an inmate or parolee in revoked status may or does require a full evaluation pursuant to subdivisions (c) through (i) inclusive of Welfare and Institutions Code section 6601 to determine whether that person may be subject to commitment as a sexually violent predator, the board may order imposition of a temporary hold on the person for up to three (3) working days beyond their scheduled release date pending a good cause determination by the board pursuant to section 6601.3 of the Welfare and Institutions Code where exceptional circumstances preclude an earlier evaluation by the person pursuant to section 6601 of the Welfare and Institutions Code.
2. (b) Staff shall document that either inmates or parolees in revoked status subject to the temporary hold in subdivision (a) of this section either have been screened or are in the process of being screened as a person likely to be a sexually violent predator pursuant to Welfare and Institutions Code section 6601(b). The good cause determination by the board pursuant to subdivisions (c) and (d) of this section must occur within the time period of the temporary hold.
3. (c) Board determinations pursuant to Welfare and Institutions Code section 6601.3 shall be conducted by one commissioner or one deputy commissioner.

4. (d) For purposes of this section, good cause to place a 45-day hold pursuant to Welfare and Institutions Code section 6601.3 exists when either the inmate or parolee in revoked status is found to meet all the following criteria:

   1. (1) Some evidence that the person committed a sexually violent offense by force, violence, duress, menace, or 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 on, before, or after January 1, 1996, which resulted in a conviction or a finding of not guilty by reason of insanity of one or more felony violations of the following Penal Code Sections: 261, 262, 264.1, 269, 286, 288, 288(a), 288.5, 289 or any felony violation of sections 207, 209 or 220, committed with the intent to commit a violation of sections 261, 262, 264.1, 286, 288, 288a, or 289. The preceding felony violations must be against one or more victims.

      If the victim of one of the felony violations listed above is a child under 14, then it is considered a sexually violent offense.

      A prior finding of not guilty by reason of insanity for an offense described in this subdivision, a conviction prior to July 1, 1977 for an offense described in this subdivision, a conviction resulting in a finding that the person was a mentally disordered sex offender, or a conviction in another state for an offense that includes all of the elements of an offense described in this subdivision, shall also be deemed to be a sexually violent offense, even if the offender did not receive a determinate sentence for that prior offense.

   2. (2) Some evidence that the person is likely to engage in sexually violent predatory criminal behavior.
5. (e) Holds imposed under this section shall start the day following the scheduled release date of the inmate or parolee in revoked status and will terminate no later than the 45th day following the scheduled release date. Holds shall terminate sooner if the person is not referred to the Department of Mental Heath as a result of the screening process or upon a determination by the Department of Mental Health that the person is not a sexually violent predator or upon superior court decisions pursuant to Welfare and Institutions Code sections 6601.5 or 6602.
6. (f) The parole period of any person found to be a sexually violent predator shall be tolled until that person is found no longer to be a sexually violent predator, at which time the period of parole or any remaining portion thereof shall begin to run.

Note: Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2 Penal Code. Reference: Sections 6600, 6600.1, 6601 and 6601.3, Welfare and Institutions Code; and Section 3000, Penal Code.

History

1. New section filed 12-26-95 as an emergency; operative 1-1-96 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-30-96 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 12-26-95 order transmitted to OAL 4-24-96 and filed 6-6-96 (Register 96, No. 23).

3. Amendment of subsections (b)-(c)(3) and (e), new subsection (f) and amendment of Note filed 1-24-97 as an emergency; operative 1-24-97 (Register 97, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-26-97 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 1-24-97 order, including further amendment of subsection (c)(1), transmitted to OAL 4-11-97 and filed 5-15-97 (Register 97, No. 20).

5. Amendment of section heading, section and Note filed 4-18-2007 as an emergency; operative 4-18-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2007 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 4-18-2007 order, including amendment of subsections (d) and (d)(1), transmitted to OAL 10-15-2007 and filed 11-29-2007 (Register 2007, No. 48).