The bill seeks to enhance community safety by revising the procedures for the release of sexually violent predators from total confinement to less restrictive placements. It introduces a new section that mandates courts to consider fair share principles, allowing local jurisdictions to reject placements that do not align with these principles. Key amendments include empowering the secretary of social and health services to authorize petitions for discharge or conditional release based on changes in an individual's condition, while requiring courts to evaluate the individual's expression of remorse and participation in treatment during confinement. Additionally, if a suitable less restrictive placement is not identified within 90 days, the individual may propose one that meets specific criteria.

The legislation also establishes the rights of the prosecuting agency to a jury trial and mandates evaluations by state-chosen experts, including a risk assessment from the department of corrections. It emphasizes the rights of committed individuals to have their own expert evaluations, particularly for those who are indigent, and clarifies that the state bears the burden of proof in demonstrating that an individual still qualifies as a sexually violent predator. New conditions for conditional release include the requirement for individuals to express remorse and participate in treatment, with the court ensuring compliance with safety standards for proposed housing. The bill also outlines the responsibilities of social workers in facilitating the transition to community treatment and establishes a framework for annual court reviews of conditional releases, ensuring both individual rights and community protection are prioritized.

Statutes affected:
Original bill: 71.09.020, 71.09.092, 71.09.094, 71.09.096, 71.09.098