CCS SCS HS HCS HB 852 -- CIVIL COMMITMENT

This bill changes the law on civil commitment of sexual
predators.  In it main provisions, the bill:

(1)  Establishes a procedure whereby a person who has pled
guilty to or been convicted of a sexually violent offense and
who is not currently in the custody of an agency with
jurisdiction and who commits a "recent overt act" as defined in
the bill may be determined to be a sexual predator and civilly
committed, similar to the procedure for civil commitment of
sexual predators currently in custody.  Additionally, until
December 31, 2001, a person who has pled guilty to or been
convicted of a sexually violent offense and who has been in
custody within the preceding 10 years but who no longer is in
custody may be determined to be a sexual predator and civilly
committed even without committing a recent overt act;

(2)  Provides that a person civilly committed as described above
may be entitled to a public defender; and

(3)  Requires the Director of the Department of Mental Health to
determine the appropriate secure facility to house such a person.

HS HCS HB 852 -- CIVIL COMMITMENT (Hosmer)

This substitute makes changes to the civil commitment of sexual
predators laws.  In it main provisions, the substitute:

(1)  Sets up a procedure whereby a person who is not currently
in the custody of an agency with jurisdiction may be determined
to be a sexual predator and civilly committed, similar to the
procedure for civil commitment of sexual predators currently in
custody;

(2)  Provides that a person's successful completion of a
treatment program, including the sexual offender program, does
not preclude a determination that the person may meet the
criteria of a sexually violent predator; and

(3)  Authorizes the Director of the Department of Mental Health
to determine the appropriate secure facility to house such a
person.

FISCAL NOTE:  Estimated Partial Net Cost to General Revenue Fund
of $1,072,968 in FY 2000, $1,127,114 in FY 2001, and $1,182,647
in FY 2002.  Cost does not include unknown costs for clinical
evaluations.

HCS HB 852 -- CIVIL COMMITMENT

SPONSOR or CO-SPONSORS:  Smith (Hosmer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 18 to 0.

This substitute makes changes to the civil commitment of sexual
predators laws.  In it main provisions, the substitute:

(1)  Requires the Attorney General to determine if persons
convicted on or after January 1, 1995, of a sexually violent
offense who are not in custody are sexually violent predators.
The Attorney General is also allowed to make a determination for
persons convicted before January 1, 1995.  If the Attorney
General determines that the person is a sexually violent
predator, then the civil commitment statutes apply to that
person;

(2)  Provides that a person's successful completion of a
treatment program, including the sexual offender program, does
not preclude a determination that the person may meet the
criteria of a sexually violent predator; and

(3)  Sets up a procedure whereby persons who are not in custody
may be determined to be sexual predators and civilly committed,
similar to the procedure for civil commitment of sexual
predators currently in custody.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$1,351,488 in FY 2000, $1,184,489 in FY 2001, and $1,241,743 in
FY 2002.

PROPONENTS:  Supporters say that this bill is necessary to allow
use of the civil commitment of sexual predators laws against
persons convicted of "sodomy" prior to the revision of the
definition of that crime that are now having their sentences
dramatically reduced or who are being released from custody due
to a recent Supreme Court decision.

Testifying for the bill were Representative Hosmer; and Attorney
General's Office.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

HB 852 -- Civil Commitment

Co-Sponsors:  Gaw, May (108), Smith, Hosmer, Clayton, Kissell,
Relford, Crump, Kreider, Foley, Davis (63)

The bill requires the Attorney General to determine if persons
convicted on or after January 1, 1995, of a sexually violent
offense who are not in custody are sexually violent predators.
The Attorney General is also allowed to make a determination for
persons convicted before January 1, 1995.  If the Attorney
General determines that the person is a sexually violent
predator, then the civil commitment statutes apply to that
person.