House Bill 2190 introduced for this legislative session will establish procedures for committing violent sexual offenders.
When it appears that a person presently confined may be a sexually violent predator and the prosecutor's review committee has determined that the person meets the definition of a sexually violent predator, the Attorney General, within seventy-five days of the date the Attorney General received the written notice by the agency of jurisdiction may file a petition in the county where the person was convicted or charged with a sexually violent offense alleging that the person is a sexually violent predator and stating sufficient facts to support such allegation.
Upon the filing of a petition a judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made, the judge shall direct that person be taken into custody.
If, at the conclusion of the hearing, a probable cause determination is made, the court shall direct that the person be transferred to an appropriate secure facility including, but not limited to, a county jail for an evaluation as to whether the person is a sexually violent predator. The evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an examination.
Within sixty days after the completion of the probable cause hearing the court shall conduct a trial to determine whether the person is a sexually violent predator.
If the court or jury determines that the person is a sexually violent predator, the person shall be committed to the custody of the Department of Mental Health and Substance Abuse Services for control, care and treatment until such time as the mental abnormality or personality disorder of the person has so changed that the person is safe to be at large. Such control, care and treatment shall be provided at a facility operated by the Department of Mental Health and Substance Abuse Services. If the court or jury is not satisfied by clear and convincing evidence that the person is a sexually violent predator, the court shall direct the release of the person.
Each person committed under this act shall have a current examination of the mental condition of the person made once every year.
Any person for whom a petition, pursuant to this act, has been filed who is in the secure confinement of the state shall not be eligible for bail, bond, house arrest or any other measures releasing the person from the physical, protective custody of the state.