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Office of the Revisor of Statutes

SF 1875 Senate Long Description

1E Relating to public safety

ARTICLE 1 - SEX OFFENDERS: MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND REPEAT SEX OFENSES; OTHER SENTENCING CHANGES

Modifying certain provisions providing for the sentencing of dangerous sex offenders; requiring sex offenders serving mandatory life sentences to serve the minimum term of imprisonment before supervised release, specifying certain factors to be considered by the commissioner of corrections before granting supervised release; modifying the conditions for mandatory increased sentences for certain patterned and predatory offenders; defining predatory crime for criminal sexual conduct purposes; modifying the conditions for life sentences for certain sex offenses; defining the crime of criminal sexual predatory conduct and providing for sentencing; providing for mandatory life sentences for dangerous sex offenders, specifying a minimum term of imprisonment, providing for conditional release, requiring extended terms under certain conditions

ARTICLE 2 - SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; COMMUNITY NOTIFICATION; NONSENTENCING CHANGES

Requiring and providing for offenders without a primary address to register with local law enforcement authorities under the predatory offender registration law, requiring law enforcement authorities receiving registration information to forward the information to the bureau of criminal apprehension (BCA); strengthening certain registration requirements for offenders assigned to risk levels II or III and clarifying certain information requirements, requiring placement of level III offenders violating the requirements on extended conditional release; specifying the venue for prosecution of violations and providing for the admissibility of certified copies of predatory offender registration records as evidence to prove the commission of violations; requiring the commissioner of corrections to annually report to the legislature on the number, geographic location and aggregate and average caseloads for sex offenders residing in the state for the preceding calendar year; requiring and providing for risk level assessments of sex offenders released in other states intending to reside in the state for community notification purposes; expanding victim notification options to individuals believed by law enforcement officers likely to be victimized by the offender after release; requiring and providing for victim notice of offender release from commitment to a treatment facility upon request and granting victims the right to submit statements relating to decisions of the medical director, the special review board or the commissioner; authorizing the court and the commissioner of corrections to order sex offenders to submit to polygraphic examinations as a condition of release to ensure compliance with the terms of the release, authorizing charging of the cost to the offender, requiring the chief justice of the supreme court by a certain date in consultation with the conference of chief judges to develop a protocol for use of polygraphs for distribution to judges across the state; requesting the state supreme court to study certain issues relating to civil commitment petitions and hearings of sexually dangerous persons and sexual psychopathic personalities and report to the legislature by a certain date; specifying certain reference change instructions to the revisor of statutes

ARTICLE 3 - LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES

Requiring the commissioner of corrections to provide to supervising corrections agencies upon predatory offender release offender prison records relating to psychological assessments, medical and mental health issues and treatment; expanding the requirement for county or private sex offender programs to provide the commissioner with information relating to the effectiveness of the program for funding purposes; extending the community based sex offender program evaluation project; requiring the disclosure of sex offender status to health care facility employees processing admissions and to corrections agents or law enforcement authorities upon admittance to a health care facility and the corrections agent or law enforcement authority to notify the administrator of the facility; requiring corrections agencies supervising predatory offenders classified as public risk monitoring cases to notify other corrections agencies of the intent of the offender to seek housing arrangements in another location for supervision transfer request initiation purposes and to notify appropriate child protection agencies before authorizing offenders to live in households with children; requiring sex offender treatment assessments before sentencing; expanding mandated reporting of the maltreatment of minors to persons engaged in correctional supervision; requiring the commissioner to convene a working group of individuals knowledgeable in the supervision and treatment of sex offenders to study and make recommendations on the management of sex offenders, specifying certain study requirements, requiring a report to the legislature by a certain date and the commissioner after considering the recommendations of the working group to implement policies and standards relating to the issues involved; requiring the commissioner to report to the legislature by a certain date on prison based sex offender treatment programs

ARTICLE 4 - SEX OFFENDERS: TECHNICAL AND CONFORMING CHANGES

Making technical and conforming amendments to certain statutory provisions relating to rules of the commissioner of corrections, to civil commitment determinations and petitions, to the formation and duties of end of confinement review committees, to presumptive and mandatory sentences for repeat sex offenders, to DNA analysis requirements, to evidence in criminal sexual conduct cases, to the confidentiality of victim identity records, to the medical purpose criminal exclusion, to prosecution jurisdiction and to excluding spectators from the courtroom; specifying certain renumbering and cross reference and technical correction instructions to the revisor of statutes
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