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2004 SESSION

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SB 556 Sexually violent predators; notification of state & local authorities of proposed housing facility.

Introduced by: Henry L. Marsh III | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Placement of committed persons and notice to community. Requires the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services, prior to the siting of a new facility or the designation of an existing facility to be operated for the control, care and treatment of persons convicted of a sexually violent offense who have been referred for civil commitment, to notify the state elected officials for and the local governing body of the jurisdiction of the proposed location, designation or expansion of the facility. Upon receiving the notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located may publish a descriptive notice concerning the proposed site in a newspaper of general circulation in the jurisdiction. The Commissioner must also establish an advisory committee relating to any such facility that must consist of state and local elected officials and community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the advisory committee will be notified whenever the Department increases the number of beds in the relevant facility.

SUMMARY AS PASSED SENATE:

Placement of committed persons and notice to community. Requires the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services, prior to the siting of a new facility or the designation of an existing facility to be operated for the control, care and treatment of persons convicted of a sexually violent offense who have been referred for civil commitment, to notify the state elected officials for and the local governing body of the jurisdiction of the proposed location or designation of the facility. Upon receiving the notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located must publish a descriptive notice once a week for two successive weeks concerning the proposed site in a newspaper of general circulation in the jurisdiction. The Commissioner must also establish an advisory committee relating to any such facility that must consist of state and local elected officials and community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the advisory committee will be notified of each admission to the facility in a manner that is in compliance with federal patient privacy regulations.

SUMMARY AS INTRODUCED:

Placement of committed persons and notice to community. Requires the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services to notify the state and local elected official of a jurisdiction, and the community, of the proposed siting of a facility to house sexually violent predators before the placement of the facility and the transfer of such persons to the facility in the jurisdiction.