422.865
. (a) In the case of any person who is committed to a state
hospital or other treatment facility under the provisions of Section
1026 for any offense against the person or property of another
individual, private institution, or public agency because of the
victim's actual or perceived race, color, ethnicity, religion,
nationality, country of origin, ancestry, disability, gender, or
sexual orientation, including, but not limited to, offenses defined
in Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court or community program director may order that the defendant be
required as a condition of outpatient status or conditional release
to complete a class or program on racial or ethnic sensitivity, or
other similar training in the area of civil rights, or a one-year
counseling program intended to reduce the tendency toward violent and
antisocial behavior if that class, program, or training is available
and was developed or authorized by the court or local agencies in
cooperation with organizations serving the affected community.
(b) In the case of any person who is committed to a state hospital
or other treatment facility under the provisions of Section 1026 for
any offense against the person or property of another individual,
private institution, or public agency committed because of the victim'
s actual or perceived race, color, ethnicity, religion, nationality,
country of origin, ancestry, disability, gender, or sexual
orientation, including, but not limited to, offenses defined in
Section 302, 423.2, 594.3, 11411, 11412, or 11413, or for any hate
crime, and then is either placed on outpatient status or conditional
release from the state hospital or other treatment facility, the
court, absent compelling circumstances stated on the record, shall
make an order protecting the victim, or known immediate family or
domestic partner of the victim, from further acts of violence,
threats, stalking, or harassment by the defendant, including any
stay-away conditions as the court deems appropriate, and shall make
obedience of that order a condition of the defendant's outpatient
status or conditional release.
(c) It is the intent of the Legislature to encourage state
agencies and treatment facilities to establish education and training
programs to prevent violations of civil rights and hate crimes.