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.(2) The notice required in subdivision (a) shall include, without limitation, all of the following:
(A) The name, proposed placement address, date of commitment, county from which committed, proposed date of placement in the conditional release program, fingerprints, and a glossy photograph no smaller than 3 1/8 by 3 1/8 inches in size, or clear copies of the fingerprints and photograph of the person committed as a sexually violent predator.
(B) A detailed statement justifying the extraordinary circumstances that prevent placement of the person in their county of domicile.
(C) A list of the parties that are being provided this notice and the addresses to which the notices
are being sent.
(D) The date, place, and time of the court hearing at which the determination of extraordinary circumstances is to be considered, and a proof of service attesting to the notice’s mailing in accordance with this section.
(3) The notice shall be given at least 90 days prior to the department’s submission of its recommendation to the court.
(4) (A) Upon receipt of the notice, the city attorney or county counsel having jurisdiction over the proposed community of release shall cause public notice to be given of the proposed placement.
(B) The public notice shall invite public comment to be made in writing and at a public meeting.
(C) The public notice shall not include the name, photograph, or other identifying information of the person committed as a sexually violent predator whose release is proposed.
(D) Public notice shall be made in the same manner as public notice is ordinarily given for public meetings.
(E) The city attorney or county counsel shall compile all comments received, both written and those received at the public meeting, and shall forward those comments, in a single affidavit, to the court.
(b) (1) Before a person committed as a sexually violent predator is released to a county other than their county of domicile, the court shall hold an evidentiary hearing to determine if extraordinary circumstances, as required by Section 6608.5, exist.
(2) The department shall bear the burden of proof by clear and convincing evidence that extraordinary circumstances presently exist to justify placement outside of the county of domicile.
(3) The court shall allow parties to appear via telephone, video conference, or other means of remote appearance. The court
shall also accept written affidavits, including a summary of public comment received pursuant to subdivision (a).
(4) Lack of housing alone shall not justify extraordinary circumstances unless placement in the county of domicile would likely result in the person being forced into homelessness or unstable or unsafe housing.
(5) If lack of housing is alleged in justifying extraordinary circumstances, the department shall present all of the following:
(A) Any report regarding the search for housing made by the department regarding the search for suitable housing.
(B) All records involving any efforts to locate housing, including but not limited to, search logs, addresses searched, methods of search, and dates and times.
(C) Any site assessments, evaluations, or rental or lease documentation for the proposed properties.
(D) The department’s
recommendations regarding the suitability of the proposed placement location.
(E) Any quarterly reports completed by the department’s outpatient treatment designee.
(F) Any presentence reports completed for the original commitment offense.
(6) (A) Any party to the hearing may, except where limited by privilege or order of the court, obtain discovery regarding any matter relevant to the finding of extraordinary circumstances, including any reports or records generated by the department or any doctors or evaluators pursuant to Section 6604.9 or subdivisions (a), (e), (f), or (g) of Section 6608.
(B) Any discovered materials may be subject to a protective order issued by the court.