Assembly approves AB 767 to require consideration of daycares and homeschool children in certain SVP placements

California State Assembly · January 26, 2026

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Summary

AB 767 passed the Assembly Jan. 20, 2026 after floor debate about the Department of State Hospitals' placement decisions for sexually violent predators (SVPs). Supporters cited public-safety gaps; coauthors urged protections for rural communities such as Alta.

The Assembly on Jan. 20, 2026 approved AB 767, a bill that requires placement decision-makers to consider daycare facilities, homeschool children and other local conditions when determining conditional placements for certain sexually violent predators (SVPs).

Assemblymember Alan East, the bill’s author, described AB 767 as a child-safety measure that clarifies protections for private and home‑based schools and extends similar protections to daycares. Coauthors and floor speakers — including Assemblymembers Hadwick, DeMayo, Carrillo and others — framed the bill as a bipartisan step to address placement decisions they said sometimes fail to account for public-safety impacts on small or rural communities.

Assemblymember Hadwick detailed a recent planned placement in Alta, describing it as a community of roughly 700 residents with limited law enforcement and no specialized mental‑health services; she said the proposed placement was near parks and homeschool facilities and that, in one recent case, a property owner withdrew after learning the nature of the placement. Hadwick and others urged the Legislature to close what they called a gap in placement consideration.

Opponents did not prevail on the floor; members across regions voiced support, describing the measure as a necessary protection and a bipartisan reform. Assemblymember DeMayo and others also used the floor to criticize program design and contractor practices, naming Liberty Healthcare as a contractor whose approach they said was deficient.

The Clerk recorded the final roll call as Ayes 65, No 0; the measure passed the Assembly that day. The bill text directs that placement decisions take specific local factors into account; it does not itself specify how local service capacity will be expanded. The Department of State Hospitals remains the implementing agency for placements, and the floor debate flagged concerns about community capacity, the availability of specialized services, and the need for clearer placement analysis.

What was said (representative quotes):

- Assemblymember Alan East (author): "This is another child safety bill ... it would close a loophole in existing law and allow communities to feel safe when SVPs are placed into conditional ... placement decisions." - Assemblymember Hadwick (coauthor): "Placing a high risk offender into a community with no ability to support or supervise them is irresponsible and sets everyone involved for failure." She added Alta has "roughly 700 residents with limited law enforcement and no specialized mental health services." - Assemblymember DeMayo (floor): Criticized contractor practices and urged broader reform; described earlier placement attempts and taxpayer costs when placements were withdrawn.

What it means: AB 767 changes the factors placement authorities must consider; it does not itself create new local service funding or specify precise placement protocols beyond the required consideration. Implementation will depend on guidance and practice by the Department of State Hospitals and any contractors used in placements.

Next steps: After Assembly passage, AB 767 proceeds through any remaining legislative steps (enrollment, concurrence if required, and to the Governor for signature).