SB 409

This bill makes changes to the procedure for releasing certain violent sex

offenders into the community. Under current law, a person who commits certain sex

offenses may be involuntarily committed as a sexually violent person to the

Department of Health Services (DHS) for control, care, and treatment. If a person

is committed and placed in institutional care, the person may periodically petition

the court for supervised release. If a court determines that supervised release is

appropriate, the court authorizes the person, the person's attorney, the district

attorney, any law enforcement agency in the county of intended placement, and any

local governmental unit in the county of intended placement to submit to DHS

prospective residential options for community placement. Current law requires

DHS and the county in which the person is to be placed to prepare a plan that

identifies potential sites for the person to reside, taking into consideration the

options submitted.

This bill requires DHS to consult with a local law enforcement agency that has

jurisdiction over any prospective residential option identified by DHS or the county

and to request the law enforcement agency to submit a written report that provides

information on the prospective residential option. The bill requires DHS to take into

consideration the written report of the law enforcement agency to determine where

the victims of the person live, and to ensure that any potential residential placement

of the person meets certain guidelines.

Under the bill, no sexually violent person generally may be placed in a

residence within 1,500 feet of any school, child care facility, youth center, place of

worship, or public park. If the person committed a sexually violent offense against

a child, he or she may not be placed in a residence in a property adjacent to a property

where a child resides. If the person committed a sexually violent offense against an

elderly or disabled person, he or she may not be placed in a residence within 1,500

feet of a nursing home or other assisted living facility.