Sexually violent predators: schools.

2025-2026 Regular Session Introduced by Juan Alanis

AB 767 tightens SVP release placements by barring housing within 0.25 miles of child daycares or K–12/private schools for certain offenders, expanding private school definition.

Read second time and amended. Re-referred to Com. on APPR.

#sexuallyviolentpredators #schools

Purpose / intent

AB 767 narrows where persons conditionally released as sexually violent predators (SVPs) may live while under community supervision and treatment. Specifically, it expands existing “proximity exclusion” zones to prohibit SVP conditional placements within one‑quarter mile (0.25 mile) of a child daycare facility in addition to the existing prohibition near public and private K–12 schools in certain cases. The amendment also clarifies the meaning of “private school” for the prohibition.

Key provisions

Amends Welfare & Institutions Code § 6608.5.

Maintains baseline rule that a person conditionally released under the SVP statute is to be placed in their county of domicile unless extraordinary circumstances justify placement elsewhere and the county had notice/opportunity to comment.

Adds a placement restriction: a person released under § 6608.5 may not be placed within one‑quarter mile of any child daycare facility or any public or private school (K–12) if either:

The person has a prior conviction under Penal Code § 288.5 or specified subdivisions of § 288 (sexual offenses against children); or
The court finds the person has a history of improper sexual conduct with children.

Defines “private school” to include a facility or home that has filed a private school affidavit with the State Department of Education and provides elementary or high school instruction, explicitly including parents who operate private home schools.

Preserves existing procedural mechanics for placement planning: required consultation among the Department (or its designee), defense counsel, local law enforcement, county counsel, and district attorneys; convening a committee (teleconference permitted with public access); status conferences and possible sanctions for nonappearance; and consideration of victim proximity and victim profile when recommending placements.

Who is affected

Individuals conditionally released under the SVP civil commitment statutes (those found suitable for conditional release).

State Department of State Hospitals (or designated department personnel) and counties responsible for locating housing.

County law enforcement, county counsel, district attorneys, and defense counsel involved in placement planning.

Victims and community members near schools/daycare centers (intended beneficiary: child safety/protection).

Procedural / timeline notes

Introduced Feb 18, 2025. Read first time and printed same day.

Referred to Committee on Public Safety; amended and re‑referred (March 11–12).

Set for first hearing March 19, 2025 — hearing canceled at the author’s request.

Digest flags: Majority vote; no appropriation; referred to fiscal committee.

Potential impacts and considerations

Narrowing allowable placement locations (adding daycare centers) may make it harder for the department to locate compliant housing within a person’s county of domicile, potentially increasing out‑of‑county placements, delays in conditional release, or administrative burdens on placement teams.

Clarifying “private school” to include home schools may broaden exclusion zones around residences that host private home instruction.

The bill focuses on public safety by further insulating children’s environments but may shift resource needs to counties and the Department for placement planning and compliance monitoring.

Bill