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1998 SESSION

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SB 171 Civil commitment of sexually violent predators.

Introduced by: J. Randy Forbes | all patrons    ...    notes | add to my profiles

SUMMARY:

Civil commitment of sexually violent predators. Authorizes the civil commitment of persons whose mental abnormalities render them so likely to commit sexually violent offenses that they constitute a threat to the health and safety of others. Establishes a procedure authorizing civil commitment of sexually violent offenders following review of the case by a Commitment Review Committee (CRC) (members appointed from DOC, DMHMRSAS and A.G.). Sexually violent offenders are persons convicted of or found to be unrestorably incompetent to stand trial upon being charged with rape, forcible sodomy, object penetration or aggravated sexual battery against a minor, who suffer from an abnormality or disorder which makes them likely to reoffend. DOC will flag inmates who must be assessed before release. The assessments will be conducted by a licensed psychiatrist or licensed clinical psychologist. Conditional release (outpatient treatment and monitoring) may be recommended in lieu of commitment.

The A.G.'s office will review all unrestorably incompetent defendants charged with a sexually violent offense and all CRC recommendations. Based upon his review of the person's institutional history, criminal record and other relevant factors, the A.G. may file a petition seeking civil commitment in the circuit court.

The circuit court will first conducts a probable cause hearing (findings: convicted of/charged with, but incompetent, sexually violent offense plus likelihood of recidivism). At trial on the petition, accused has a right to counsel and experts, and the standard of proof is beyond a reasonable doubt.

If committed, the person is held in a DMHMRSAS facility for "control, care and treatment" until he is determined to be safe to be at large. All committed predators are to be segregated from other patients. Hearings to review the commitment are to be held annually for five years and biennially thereafter, or upon petition of the Commissioner of DMHMRSAS at any time.


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