AB 426

This bill is explained in the

Notes

provided by the Joint Legislative Council in

the bill.

Joint Legislative Council prefatory note:

This bill was prepared for the Joint

Legislative Council's Special Committee on State-Tribal Relations.

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 to the community. If a court

approves the petition, the court must order the person's county of residence to prepare

a report that identifies one appropriate residential option for the person. Among other

requirements, when preparing the report, the county must consult with a local law

enforcement agency having jurisdiction over the residential option and include in its

report any report prepared by the local law enforcement agency.

The bill requires that the court notify the tribal chair of any tribe with tribally

owned lands located within any county that has been ordered to prepare a residential

option report. The bill also requires that the county consult with any tribal law

enforcement agency located within the county and include in its report any report

prepared by the tribal law enforcement agency.

Current law also requires that, before a person is placed on supervised release by

the court, the court notify the municipal police department and county sheriff for the

municipality and county in which the person will be residing unless the municipal police

department or county sheriff waives its notification rights. The bill provides that, unless

waived by a tribal law enforcement agency, the court must also notify any tribal law

enforcement agency located in the county in which the person will be residing of the

placement.