SB 446

Under current law, a person who has been found to be a sexually violent person

may be involuntarily committed to the Department of Health Services 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 must select a county to

prepare a report that includes prospective residential options for the person. Unless

good cause exists, the court must select the person's county of residence, and the

county must prepare the report within 60 days. DHS must then prepare for the court

a supervised release plan for the person that identifies the residential option for the

court to approve. Under current law, the plan must be submitted to the court within

90 days of the finding that supervised release is appropriate.

Under this bill, if a court determines that supervised release is appropriate, the

court must order the person's county of residence to prepare a report that identifies

one appropriate residence for the person. The county must create a temporary

committee to prepare the report for the county and, under this bill, the county must

prepare the report within 120 days of the order. A county that does not comply

violates the person's rights as a patient and the county is subject to enforcement and

damages for each violation, and each day beyond the 120 days constitutes a separate

violation. Once DHS receives the report, DHS must submit to the court a supervised

release plan within 30 days.