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2018 SESSION

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SB 267 Sexually violent predators; evidence-based assessment protocol.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Sexually violent predators; assessment protocol. Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an evidence-based assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner. The bill also requires the Commissioner to report to the Chairmen of the House Committees on Appropriations and Courts of Justice, the Senate Committees on Courts of Justice and Finance, and the Crime Commission on (i) the assessment protocol approved by the Director and the Commissioner, including the specific screening instrument adopted and the criteria used to determine whether a prisoner or defendant meets the definition of a sexually violent predator and (ii) the number of prisoners screened and the number of prisoners identified as meeting the definition of a sexually violent predator and referred for assessment. The report shall also include a comparison of the number of defendants identified as appearing to meet the definition of a sexually violent predator and referred for assessment in the previous year and the five years immediately prior thereto.

SUMMARY AS PASSED:

Sexually violent predators; assessment protocol. Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an evidence-based assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner. The bill also requires the Commissioner to report to the Chairmen of the House Committees on Appropriations and Courts of Justice, the Senate Committees on Courts of Justice and Finance, and the Crime Commission on (i) the assessment protocol approved by the Director and the Commissioner, including the specific screening instrument adopted and the criteria used to determine whether a prisoner meets the definition of a sexually violent predator and (ii) the number of prisoners screened and the number of prisoners identified as meeting the definition of a sexually violent predator and referred for assessment. The report shall also include a comparison of the number of prisoners identified as appearing to meet the definition of a sexually violent predator and referred for assessment in the previous year and the five years immediately prior thereto.

SUMMARY AS PASSED SENATE:

Sexually violent predators; assessment protocol. Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an evidence-based assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner.

SUMMARY AS INTRODUCED:

Sexually violent predators; assessment protocol. Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner.