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2012 SESSION

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HB 1271 Sexually violent predators; Director of DOC shall develop protocol for assessing prisoner, etc.

Introduced by: S. Chris Jones | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Sexually violent predators; civil commitment.  Provides for determination by the Director of the Department of Corrections for referral of certain prisoners for assessment as sexually violent predators if they appear to meet the definition of sexually violent predators and to exclude from referral those who are incapacitated by debilitating illness. The bill also provides that the Director of the Department of Corrections, in coordination with the Department of Behavioral Health and Developmental Services, shall develop assessment protocols to determine whether the prisoner or defendant meets the definition of a sexually violent predator and shall report to the General Assembly by January 1, 2013. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General. The bill has an effective date of January 1, 2013.

SUMMARY AS PASSED:

Sexually violent predators; civil commitment. Provides for determination by the Director of the Department of Corrections for referral of certain prisoners for assessment as sexually violent predators if they appear to meet the definition of sexually violent predators and to exclude from referral those who are incapacitated by debilitating illness. The bill also provides that the Director of the Department of Corrections, in coordination with the Department of Behavioral Health and Developmental Services, shall develop assessment protocols to determine whether the prisoner or defendant meets the definition of a sexually violent predator and shall report to the General Assembly by January 1, 2013. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General. The bill has an effective date of January 1, 2013. This bill is identical to SB 314.

SUMMARY AS PASSED HOUSE:

Punishment and civil commitment of sexually violent predators; penalty. Imposes upon an adult offender a mandatory minimum life sentence for rape, forcible sodomy, and object sexual penetration of a child under the age of 13; and imposes upon a juvenile offender three or more years older than such a victim a mandatory term of 25 years. The bill also provides that the Director of the Department of Corrections, in coordination with the Department of Behavioral Health and Developmental Services, shall develop assessment protocols to determine whether the prisoner or defendant meets the definition of a sexually violent predator and shall report to the General Assembly by December 1, 2013. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General. The bill has an effective date of January 1, 2013. 

SUMMARY AS INTRODUCED:

Punishment and civil commitment of sexually violent predators; penalty.  Imposes a mandatory minimum life sentence for the sexually violent offenses of rape, forcible sodomy, and object sexual penetration of a child under the age of 13. The bill also eliminates the use of the Static-99 assessment instrument for evaluating whether a prisoner convicted of a sexually violent offense or an unrestorably incompetent defendant charged with a sexually violent offense should be civilly committed. Instead, the Director of the Department of Corrections, in coordination with the Attorney General and the Department of Behavioral Health and Developmental Services, shall develop an assessment protocol to determine whether the prisoner or defendant meets the definition of a sexually violent predator. The bill also increases from 120 to 180 days the length of time the Commitment Review Committee has to complete its assessment of the prisoner or defendant for civil commitment and communicate its recommendation to the Attorney General.