The bill seeks to enhance community safety by revising the procedures for the release of sexually violent predators from total confinement to less restrictive alternatives. 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 stipulations that the secretary of social and health services can authorize conditional release petitions only if it serves the individual's best interest and community safety. Additionally, individuals must express remorse for their offenses and participate in treatment while confined to qualify for less restrictive alternatives. If a suitable placement is not identified within 90 days, the individual may propose one, provided they meet specific criteria.

The bill also outlines the rights of the committed individuals and the responsibilities of the state regarding evaluations and release processes. It establishes that the prosecuting agency has the right to a jury trial and to have the committed person evaluated by state-chosen experts, while also allowing the individual to have their own expert if they are indigent. The burden of proof lies with the state to demonstrate that the individual still meets the definition of a sexually violent predator, focusing on their remorse and treatment participation. Furthermore, the bill mandates social workers to assist individuals in transitioning to community treatment and establishes procedures for revoking or modifying conditional release orders, emphasizing public safety and the need for immediate implementation.

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