The bill seeks to improve 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 emphasizes fair share principles, ensuring that each county has sufficient conditional release housing options based on the number of residents from that county who are subject to total confinement. Local jurisdictions are granted the authority to reject placements that do not comply with these principles, particularly if the county is not the county of commitment. Additionally, the bill modifies definitions and criteria for identifying sexually violent predators, allowing for petitions for unconditional discharge under certain conditions, and requiring courts to consider factors such as remorse and participation in treatment during hearings related to conditional release.
Key amendments include the establishment of the prosecuting agency's right to a jury trial and evaluations by state-chosen experts, along with a department of corrections risk assessment. The bill outlines the evaluation process, ensuring that indigent individuals can have their own expert at state expense, and clarifies the burden of proof for both unconditional discharge and conditional release. It also introduces conditions for release, such as electronic monitoring and compliance with treatment plans, while mandating that social workers assist individuals in transitioning to community care. The court is required to review cases annually, and provisions are included for revoking or modifying conditional releases based on compliance. The act is designed to take effect immediately to ensure public safety and health.
Statutes affected: Original bill: 71.09.020, 71.09.092, 71.09.094, 71.09.096, 71.09.098