SAN DIEGO — State lawmakers are attempting to keep communities safer when it comes to releasing and housing sexually violent predators.
Last year, a local community fought back after the state tried to house one repeat offender, who had served his time, into their neighborhood, near schools and child care centers.
Part of this new legislation would crack down on one county having to house a disproportionate number of sexually violent predators who are being granted supervised release.
This past January, according to the San Diego County District Attorney's Office, out of 16 patients being considered for release statewide, five of them were being considered for San Diego County.
In September, a Rancho Bernardo community was blindsided when the state decided to place sexually violent predator Douglas Badger in their neighborhood.
"I don't know what kind of research they did before they made the decision, but it's filled with children," said one resident speaking to CBS 8 last year.
While a judge ultimately ruled against the placement, this process of selecting a new home for a sexually-violent predator, or SVP, received renewed scrutiny.
"There could have been certainly a better process for making sure that the community felt safe, that they were being represented in that room," said Democratic Senate President Pro Tem Toni Atkins, who's from San Diego.
She has proposed legislation, supported on both sides of the aisle, that would change that: mandating that local leaders, including the District Attorney, Sheriff, Public Defender, and Health & Human Services, be part of the process to make the determination, along with the state, as to where to house SVPs.
"If all parties are at the table, then I think there is adequate opportunity for communities to get this right," said Atkins.
This legislation is opposed in part by San Diego County's District Attorney, as well as the California District Attorney's Association, who call it a "conflict" to have the DA play a role in selecting a placement for an SVP: something that County Health & Human Services now does.
"The District Attorney does not have full access to the treatment records, and this is a treatment decision," said San Diego County Chief Deputy District Attorney Pat Espinoza, speaking at Tuesday's Senate Public Safety Committee meeting,
"We don't think there's a conflict," Atkins responded at that meeting.
Atkins also acknowledged that it is not the expertise of the DA's office to select a home for a sexually violent predator.
"But they do their own assessment and investigation to determine, does it meet the existing law, in terms of, for example, radius of location to child care, schools, etc." she said.
This proposed legislation, which still must be approved by the State Senate and Assembly, is one of a number of bills centered on keeping communities safe during the SVP, placement process.
Another one, by Republican State Senator Brian Jones from Santee, would require public safety be the primary consideration by the state in choosing a new home for a sexually violent predator.
For more information on SB 1034, click here. For more information on SB 841, click here.
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