An Act To Provide for Civil Commitment for Sexually Violent Predators and To Prohibit Sex Offenders from Residing Together
Maine Legislature, Session 123, LD 1807
Committee: Criminal Justice and Public Safety
Sponsors: PLOWMAN, VAUGHAN, BENOIT, COURTNEY, ROBINSON, THOMAS, TIBBETTS
Amends: 34-A MRSA §1402, 34-B MRSA §1203

Legislative Document 
No. 1807 
S.P.641 
March 30, 2007 
An Act To Provide for Civil Commitment for Sexually Violent 
Predators and To Prohibit Sex Offenders from Residing Together 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Senator PLOWMAN of Penobscot. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative VAUGHAN of Durham and Senators: BENOIT ofSagadahoc, 
COURTNEY of York, Representatives: ROBINSON of Raymond, THOMAS of Ripley, 
TIBBETTS of Columbia. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 34-A MRSA §1402, sub-§12 is enacted to read: 
12. 
Secure facilities for sexually violent predators. 
The commISSIOner, in 
cooperation with the Commissioner of Health and Human Services, shall maintain one or 
more secure facilities for sexually violent predators confined pursuant to Title 34-B, 
chapter 3, subchapter 6. 
Sec. 2. 34-B MRSA §1203, sub-§10 is enacted to read: 
10. 
Secure facilities for sexually violent predators. 
The commISSIoner, in 
cooperation with the Commissioner of Corrections, shall maintain one or more secure 
facilities for sexually violent predators confined pursuant to chapter 3, subchapter 6. 
Sec. 3. 34-B MRSA c. 3, sub-c. 6 is enacted to read: 
SUBCHAPTER 6 
SEXUALLY VIOLENT PREDATORS 
§3921. Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1. Agency with jurisdiction. "Agency with jurisdiction" means the agency with 
authority to direct the release of a person serving a sentence or term of confinement and 
includes the Department of Corrections and the department. 
2. 
Committed person. 
"Committed person" means a person who has been 
committed to confinement as a sexually violent predator under this subchapter. 
3. Corrections supervisor. "Corrections supervisor" means an employee of the 
Department of Corrections assigned to supervise the case of a committed person. 
4. Less restrictive alternative. "Less restrictive alternative" means court-ordered 
treatment in a setting that is less restrictive than total confinement. 
5. Likely to en!!a!!e in predatorv acts of sexual violence. "Likely to engage in 
predatory acts of sexual violence" means it is more probable than not that a person will 
engage in predatory acts of sexual violence. If the person is not confined at the time a 
petition for commitment is filed under this subchapter, likelihood is demonstrated by a 
recent overt act of sexual violence. 
6. Mental abnormality. "Mental abnormality" means a congenital or acquired 
condition affecting emotional or volitional capacity that predisposes a person to the 
commission of criminal sexual acts to the extent that the person is a threat to the health 
and safety of other persons. 
I 
7. 
Predatory. "Predatory" means engaging in acts directed at a p~rson for the 
primary purpose of victimization. 
8. Prosecuting attorney. "Prosecuting attorney" means a district attorney or the 
Attorney General. 
9. Recent overt act. "Recent overt act" means an act that has the elements of a 
sexually violent offense or creates a reasonable fear of a sexually violent offense. 
10. 
Secure facility. 
"Secure facility" means a facility identified by the 
commissioner as being capable of providing secure confinement, care and treatment of 
committed persons. 
11. Sexually violent offense. "Sexually violent offense" means: 
II 
A. Gross sexual assault that is a Class A or Class B offense under Title I7-A, section 
253; 
B. Murder, felony murder, aggravated assault, stalking, kidnapping, burglary of a 
residence or criminal restraint that at the time of sentencing for the offense or during 
proceedings under this subchapter is determined to be sexually motivated; 
C. An attempt, criminal solicitation or criminal conspiracy to commit an offense 
specified in paragraph A or B; or 
D. Any comparable offense under the laws of the United States or another state. 
12. Sexually violent predator. "Sexually violent predator" means a person who has 
been convicted of or charged with a sexually violent offense and who suffers from a 
mental abnormality or personality disorder that makes the person likely to engage in 
predatory acts of sexual violence if not confined in a secure facility. 
§3922. Notice to district attorney 
1. When notice required. When it appears that a person who is in the custody of 
the State may meet the criteria of a sexually violent predator, the agency with jurisdiction 
over the person shall refer the person in writing to the district attorney of the district 
where the person was charged, 3 months before: 
A. 
The anticipated release from total confinement 
convicted of a sexually violent offense; 
B. 
The anticipated release from total confinement 
committed a sexually violent offense as a juvenile; 
of a person who has been 
of a person found to have 
C. The release of a person who has been charged with a sexually violent offense and 
who has been determined to be incompetent to stand trial pursuant to Title 15, chapter 
5; or 
D. 
The release of a person who has been found not guilty of a sexually violent 
offense by reason of mental disease or defect. 
2. 
Information required. 
When providing the notice under subsection 1, the 
agency with jurisdiction shall provide the district attorney with all relevant infonnation, 
including: 
A. 
A complete copy of the institutional records compiled by the Department of 
Corrections relating to the person and any comparable out-of-state records that are 
available; 
B. All records relating to the psychological or psychiatric evaluation and treatment 
of the person; 
C. A current record of all prior arrests and convictions and full police case reports 
relating to those arrests and convictions; and 
D. A current mental health evaluation or mental health records review. 
§3923. Petition 
l3 
A prosecuting attorney may file in the Superior Court a petition for commitment 
alleging that a person is a sexually violent predator and containing sufficient facts to 
support the allegation if it appears that the person may be a sexually violent predator and: 
1. Convicted person. The person was convicted of a sexually vio lent offense and is 
about to be released from confinement; 
2. 
Juvenile. 
The person was adjudicated to have committed a juvenile cnme 
involving a sexually violent offense and is about to be released from confinement; 
3. Incompetent to stand trial. The person was charged with a sexually violent 
offense and was detennined to be incompetent to stand trial and is about to be released or 
has been released from confinement; 
4. Not criminally responsible by reason of insanity. The person was found not 
criminally responsible by reason of insanity of committing a sexually violent offense and 
is about to be released or has been released from confinement; or 
5. Post-conviction release. The person was convicted of a sexually violent offense, 
has been released from total confinement and has committed a recent overt act. 
§3924. Probable cause hearing; evaluation 
1. Determination of probable cause. Upon the filing of a petition for commitment 
under section 3923, the court shall detennine whether probable cause exists to believe 
that the person named in the petition is a sexually violent predator. 
If the court 
detennines that probable cause exists, the court shall direct that the person named in the 
petition be taken into custody by a law enforcement officer or by the department. 
2. Hearing. Within 72 hours after a person is taken into custody under subsection 1, 
the court shall give the person notice of and an opportunity to appear in person at a 
hearing to contest probable cause as to whether the person is a sexually violent predator. 
At the hearing, the court shall verify the person's identity and detennine whether probable 
cause exists to believe that the person is a sexually violent predator. 
3. Evidence. The prosecuting attorney may rely on the petition of commitment filed 
under section 3923 for determination of probable cause at the he'!ring conducted und~'r 
subsection 2. The prosecuting attorney may supplement the information in the petition 
with additional documentary evidence or live testimony. 
4. Rights of person charged. At the hearing required by subsection 2, the person 
alleged to be a sexually violent predator has the right to: 
A. Be represented by counsel; 
B. Present evidence on the person's behalf; 
C. Cross-examine witnesses who testify against the person; and 
D. View and copy all petitions and reports in the court file. 
5. Evaluation. If the court at a hearing under this section makes a detetrilination of 
probable cause, the court shall direct that the person be transferred to an appropriate 
facility for an evaluation of whether the person is a sexually violent predator. 
The 
evaluation must be conducted by a person who is determined to be professionally 
qualified to conduct the evaluation pursuant to rules adopted by the departrtlent. When 
adopting rules regarding professional qualifications, the department shall consult with the 
Department of Corrections. 
Rules adopted pursuant to this subsection· are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
6. Confinement. If probable cause is found under this section, the person alleged to 
be a sexually violent predator may not be released from confinement prior to trial under 
section 3925. 
§3925. Trial 
1. Timing. Within 45 days after a determination of probable cause under section 
3924, the court shall conduct a trial to determine if the person is a sexually violent 
predator. The trial may be continued upon the request of either party with a showing of 
good cause or by the court on its own motion when the person alleged to be a sexually 
violent predator will not be substantially prejudiced. 
2. Right to counsel. A person alleged to be a sexually violent predator is entitled to 
the assistance of counsel at all stages of proceedings under this subchapter. If the person 
is determined to be indigent, the court shall appoint counsel. 
3. Confinement. The person alleged to be a sexually violent predator must be 
confined in a secure facility for the duration of the trial under this section. 
4. Right to examination. If a person is subjected to an evaluation under section 
3924, subsection 5, the person may retain experts or professional persons to perform an 
examination on the person's behalf. If the person wishes to be examined by an expert or 
professional person of the person's choice, the examiner may have reasonable access to 
the person for purposes of the examination and to any relevant medical and psychological 
records and reports. If a person is indigent, the court shall, upon the person's request, 
assist the person in obtaining an expert or professional person to perform an examination 
or participate in the trial on the person's behalf. 
5. Rieht to jury. The person, the prosecuting attorney or the court may demand that 
the trial under subsection 1 be before a 12-person jury. If no demand is made, the trial is 
before the court. 
§3926. Determination 
1. Determination; standard of proof. The court or jury at a trial under section 3925 
shall determine whether a person is a sexually violent predator. The determination must 
be made beyond a reasonable doubt. 
A determination made by a jury must be 
unanimous. 
2. Proof of recent overt act. If the person alleged to be a sexually violent predator 
was not in confinement on the date the petition for commitment under section 3923 was 
filed, the State must prove beyond a reasonable doubt that the person committed a recent 
overt act. 
3. Proof of sexual motivation. If the State alleges that the prior sexually violent 
offense that forms the basis for the petition for commitment filed pursuant to section 3923 
was an act that was sexually motivated, the State must prove beyond a reasonable doubt 
that the act was sexually motivated. 
4. Commitment. If the court or jury determines pursuant to this section that the 
person is a sexually violent predator, the person must be committed to the custody of the 
department for placement in a secure facility approved by the department for control, care 
and treatment until such time as the person's mental abnormality or personality disorder 
has changed so that it is safe to discharge the person or release the person to a less 
restrictive alternative. If the court orders that the person be committed, the court may 
order that a corrections supervisor be assigned. 
5. Release. If the court or jury is not satisfied beyond a reasonable doubt that the 
person is a sexually violent predator pursuant to this section, the court shall direct the 
person's release. 
§3927. Persons who were incompetent to stand trial 
1. Determination on orieinal charee. If a person charged with a sexually violent 
offense was found incompetent to stand trial and is about to be or has been released from 
confinement and the person's commitment is sought pursuant to this subchapter, the court 
shall first hear evidence and determine whether the person committed the act or acts 
originally charged if the original court did not enter a finding prior to dismissal that the 
person committed the act or acts charged. 
2. Procedures. The hearing required by subsection 1 must comply with all the 
procedures specified in section 3926. In addition the rules of evidence applicable in 
criminal cases apply, and all constitutional rights available to defendants at criminal trials 
apply, other than the right not to be tried while incompetent. 
3. Findin2s. After hearing evidence pursuant to subsection 1 on the question_llf 
whether the person committed the act or acts originally charged, the court shall mah.': 
specific findings on: 
4A. Whether the person did commit the act or acts; 
R 
The extent to which the person's incompetence or developmental disability 
affected the outcome of the original hearing, including its effect upon the ability to 
consult with and assist counsel and to testify on the person's own behalf, and the 
extent to which the evidence could be reconstructed without the assistance of the 
person; and 
C. The strength of the prosecution's case. 
4. Effect of determination. If, after the conclusion of the hearing required under 
subsection 1, on whether the person committed the act or acts originally charged, the 
court finds beyond a reasonable doubt that the person did commit the act or acts charged, 
the court shall enter a final order and may proceed to consider whether the person should 
be committed pursuant to this subchapter. 
§3928. Place of confinement 
Confinement of a committed person must be in a secure facility that is appropriate for 
persons confined as a result of criminal incompetency, except that confinement may be to 
a county jailor a correctional facility for up to 7 days pending proceedings under this 
subchapter. 
§3929. Annual examination of committed person 
A committed person must be examined at least once each year to determine the 
person's mental condition and consider whether conditional release to a less restrictive 
alternative is in the best interest of the person and will adequately protect the community. 
A report of the examination must be submitted to the court that committed the person. 
The person may retain or, if the person is indigent and so requests, the court shall appoint 
an expert or a professional person to examine the person. The expert or professional 
person must have access to all records concerning the person. 
§3930. Rights of committed person 
1. Le2al ri2hts. A committed person does not forfeit any legal right or suffer any 
legal disability as a result of any actions taken under this subchapter except as specifically 
provided in this subchapter. 
2. Ri2ht to care and treatment. A committed person has the right to adequate care 
and individualized treatment. The department shall keep records of medical, expert and 
professional care and treatment received by a committed person and shall keep copies of 
all reports of periodic examinations made pursuant to this subchapter. Records kept by 
the department under this section must be made available to the committed person, the 
committed person's attorney, the prosecuting attorney, the court, the protection and 
advocacy agency designated under Title 5, chapter 511 or an expert or professional 
person who demonstrates a need for access to the records. 
3. Safeguarding personal property. When a person is taken into custody or 
transferred to a secure facility pursuant to a petition for commitment under this 
subchapter, the person in charge of the facility shall take reasonable precautions to 
inventory and safeguard the personal property of the person detained or transferred. A 
copy of the inventory, signed by the person making it, must be given to the person 
detained and must be open to inspection by any responsible person, subject to conditions 
imposed by the detained person. For purposes of this subsection, "responsible person" 
includes the guardian, conservator, attorney, spouse, parent, adult child or adult sibling of 
the person detained. The facility may not disclose the contents of the inventory to any 
person other than a responsible person without the consent of the detained person or an 
order of the court. 
4. 
Seeking release. This subchapter does not prohibit a person who has been 
committed from exercising any right otherwise available for the purpose of obtaining 
release from confinement, including the right to petition for a writ of habeas corpus. 
§3931. Petition for release or discharge 
1. Petition by commissioner. If the commissioner determines that a committed 
person's mental abnormality or personality disorder has changed so that the person is not 
likely to engage in predatory acts of sexual violence if conditionally released to a less 
restrictive alternative or unconditionally discharged, the commissioner shall authorize the 
person to petition the court for conditional release to a less restrictive alternative or 
unconditional discharge. 
A. 
The petition for conditional release or unconditional discharge under this 
subsection must be served upon the court and the prosecuting attorney. 
B. The court, upon receipt of the petition for conditional release or unconditional 
discharge under this subsection, shall order a hearing within 45 days. 
C. The prosecuting attorney shall represent the State at the hearing under paragraph 
B and may have the petitioner examined by an expert or professional person of the 
prosecuting attorney's choice. 
D. The hearing under paragraph B must be before a jury if requested by either the 
petitioner or the prosecuting attorney. 
E. The burden of proof is on the prosecuting attorney to show beyond a reasonable 
doubt that the petitioner's mental abnormality or personality disorder remains such 
that it is not safe to discharge the petitioner and that, if conditionally released to a less 
restrictive alternative or unconditionally discharged, the petitioner is likely to engage 
in predatory acts of sexual violence. 
2. Petition by committed person. The committed person may petition the court for 
conditional release to a less restrictive alternative or unconditional discharge without the 
commissioner's approval. 
A. The commissioner shall provide the committed person with written annual notice 
of the person's right to petition the court for conditional release to a less restrictive 
I 
alternative or unconditional discharge over the commissioner's objection. The notice 
must contain a waiver of rights. 
B. The commissioner shall forward the notice and waiver form to the court with the 
annual report. If the person does not affirmatively waive the right to petition, the 
court shall set a preliminary hearing to determine whether facts exist that warrant a 
hearing on whether the person's condition has changed so that it is safe for the person 
to be conditionally released to a less restrictive alternative or to be unconditionally 
discharged. 
C. The committed person has the right to have an attorney represent the person at the 
preliminary hearing required in paragraph B, but the person is not entitled to be 
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present at the preliminary hearing. 
3. Hearine. If the court at the preliminary hearing under subsection 1, paragraph B 
determines that probable cause exists to believe that the person's mental abnormality or 
personality disorder has changed so that the person is not likely to engage in predatory 
acts of sexual violence if conditionally released to a less restrictive alternative or 
unconditionally discharged, the court shall conduct a hearing on the issue. 
A. 
At the hearing, the committed person may be present and has the same 
constitutional protections that are afforded at the initial commitment proceeding 
under this subchapter. 
B. The prosecuting attorney shall represent the State at the hearing and may request a 
jury trial and have the committed person evaluated by experts chosen by the State. 
C. The committed person has the right to have an expert evaluation. The court shall 
appoint an expert if the committed person is indigent and requests that appointment. 
D. The burden of proof at the hearing is on the State to prove beyond a reasonable 
doubt that the committed person's mental abnormality or personality disorder remains 
such that the person is likely to engage in predatory acts of sexual violence if 
conditionally released to a less restrictive alternative or unconditionally discharged. 
§3932. Court jurisdiction 
The jurisdiction of the court over a committed person continues until the person is 
unconditionally discharged. 
§3933. Conditional release to less restrictive alternative; proceedings 
1. Finding. Before the court may enter an order directing conditional release to a 
less restrictive alternative, the court must find that: 
A. The committed person will be treated by a treatment provider who is qualified to 
provide treatment; 
B. The treatment provider has presented a specific course of treatment, has agreed to 
assume responsibility for the treatment, will report progress to the court on a regular 
basis and will report violations immediately to the department, the court, the 
prosecuting attorney and the corrections supervisor; 
C. Housing exists that is sufficiently secure to protect the community, and the person 
or agency providing housing to the conditionally released person has agreed in 
writing to accept the person, to provide the level of security required by the 
department and the court and immediately to report to the court, the prosecuting 
attorney and the corrections supervisor if the person leaves the housing to which the 
person has been assigned without authorization; 
D. The committed person is willing to comply with the treatment provider and all 
requirements imposed by the treatment provider and the court; and 
E. 
The committed person is willing to comply with supervision requirements 
imposed by the Department of Corrections and the conditions of any period of 
II 
supervised release imposed pursuant to Title 17-A, chapter 50. 
2. Decision. The court, in a proceeding concerning conditional release under this 
section, shall direct as follows. 
A. Upon the conclusion of the evidence in a hearing on a petition for conditional 
release to a less restrictive alternative, if the court finds that there is no legally 
sufficient evidentiary basis for a reasonable jury to find that the conditions for release 
have been met, the court shall grant a motion by the State for a judgment as a matter 
of law on the issue of conditional release to a less restrictive alternative. 
B. When the issue of conditional release to a less restrictive alternative is submitted 
to the jury, the court shall instruct the jury to return a verdict in substantially the 
following form: "Has the State proved beyond a reasonable doubt that the proposed 
less restrictive alternative is not in the best interest of the respondent or will not 
adequately protect the community? Answer: Yes or No. " 
§3934. Conditional release to less restrictive alternative; judgment; conditions 
1. Judgment. Conditional release to a less restrictive alternative may be permitted if 
the court or jury determines that conditional release to a less restrictive alternative is in 
the best interest of the committed person and will adequately protect the community and 
if the court determines that the minimum conditions set forth in section 3933, subsection 
I have been met. 
2. Release denied. The court shall impose any additional conditions on release 
necessary to ensure compliance with treatment and to protect the community. If the court 
finds that conditions do not exist that will both ensure the committed person's compliance 
with treatment and protect the community, the person must be remanded to the custody of 
the department for control, care and treatment in a secure facility. 
3. Treatment provider other than State. If the treatment provider designated to 
provide inpatient or outpatient treatment or to monitor or supervise any other terms and 
conditions of a committed person's placement in a less restrictive alternative is other than 
the department or the Department of Corrections, that treatment provider must agree in 
writing to provide the treatment. 
4. Conditions of release. Before authorizing release to a less restrictive alternative, 
the court shall impose conditions. A copy of the conditions of release must be given to 
I 
the person and the person's designated service provider. 
The court shall order the 
department or the Department of Corrections to investigate the less restrictive alternative 
and recommend any additional conditions to the court. These conditions include, but are 
not limited to, the following: 
A. Specification of residence; 
B. Prohibition of contact with potential or past victims; 
C. Prohibition of alcohol or other drug use; 
D. Participation in a specific course of inpatient or outpatient treatment that may 
include monitoring by the use of polygraph and plethysmograph; 
E. 
Supervision by a corrections supervisor, including a supervisor of conditions 
II 
imposed pursuant to Title 17-A, chapter 50; 
F. A requirement that the person remain within the State unless the person receives 
prior authorization from the court to leave the State; and 
G. 
Any other conditions that the court determines are in the best interest of the 
person or others. 
5. Report by treatment provider. A treatment provider designated to provide 
inpatient or outpatient treatment shall submit monthly, or as otherwise directed by the 
court, a report stating whether the conditionally released person is complying with the 
terms and conditions of the release to a less restrictive alternative. The report must be 
submitted to the department, the facility from which the person was released, the 
prosecuting attorney and the person's corrections supervisor. 
6. 
Review of release. The release of a conditionally released person to a less 
restrictive alternative must be reviewed by the court that released the person no later than 
one year after the conditional release and annually thereafter until the person is 
unconditionally discharged. Review may occur in a shorter time or more frequently, if 
the court, in its discretion on its own motion or on motion of the conditionally released 
person, the commissioner or the prosecuting attorney determines a shorter review time is 
desirable. The sole question to be determined by the court is whether the conditional 
release to a less restrictive alternative should be continued. The court in making its 
determination must be aided by the periodic reports filed pursuant to subsection 5 and the 
opinions ofthe commissioner and other experts or professional persons. 
§3935. Revocation of conditional release 
1. 
Petition. The department, any treatment provider required to submit reports 
pursuant to section 3934, the prosecuting attorney or the corrections supervisor may 
petition the court to schedule, or the court on its own motion may schedule, an immediate 
hearing for the purpose of revoking or modifying the terms of the person's conditional 
release to a less restrictive alternative if the petitioner or the court believes the released 
person is not complying with the terms and conditions of the release or is in need of 
additional care and treatment. 
I 
2. 
Apprehension. 
If the department, the prosecuting attornev, the corrections 
supervisor or the court, based upon information received, reasonably believes that a 
conditionally released person is not complying with the terms and conditions of the 
conditional release to a less restrictive alternative, the court or corrections supervisor may 
order that the conditionally released person be apprehended and taken into custody until a 
hearing can be scheduled to determine whether the person's conditional release should be 
revoked or modified. The court must be notified of the person's apprehension before the 
close of the next judicial day. 
Both the prosecuting attorney and the conditionally 
released person may request an immediate mental examination of the conditionally 
released person. If the conditionally released person is indigent, the court shall assist the 
II 
person in obtaining an expert or professional person to conduct the examination. 
3. Hearin2. The court, upon receiving notification of a person's apprehension under 
subsection 2, shall promptly schedule a hearing. 
The issue to be determined at the 
hearing is whether the State has proven by a preponderance of the evidence that the 
conditionally released person did not comply with the terms and conditions of release. 
Hearsay evidence is admissible if the court finds that it is reliable. At the hearing, the 
court shall determine whether the person should continue to be conditionally released on 
the same or modified conditions or whether conditional release should be revoked and the 
person committed to total confinement. 
§3936. Reimbursement of department 
The department is responsible for all costs relating to the evaluation and treatment of 
a committed person in the department's custody whether the person is confined to a 
secure facility or released to a less restrictive alternative. The department may require 
reimbursement of those costs to the extent that the committed person is able to pay. 
§3937. Record check for employees ofsecure facility 
The commissioner shall require a criminal history record check of each employee 
working at a secure facility where committed persons are confined under this subchapter. 
Both state and federal criminal records must be checked. Fingerprints may be required. 
The department shall pay the costs of the criminal history record check. Information 
obtained may be used only in making the initial employment decision or a decision to 
assign an employee to work in a secure facility. 
§393S. Release of information 
The commissioner may release any relevant information obtained under this 
subchapter if the commissioner determines that the release is necessary to protect the 
public. 
§3939. Notice of conditional release, discharge or escape 
1. Standard notice. At the earliest possible time, and no later than 30 days before 
conditional release or unconditional discharge, the department shall send written notice of 
conditional release or unconditional discharge to: 
A. The State Police; 
Page)) - 123LR0082(Ol)-1 
B. The local law enforcement agency in the municipality in which the committed 
person will reside, work and attend school, as applicable; 
C. The sheriff of the county where the committed person will reside, work and attend 
school, as applicable; and 
D. The sheriff of the county where the person was last convicted of a sexually 
violent offense if the department does not know where the person will reside. 
2. Notice of escape. If the committed person has escaped, at the earliest possible 
time the department shall send written notice to the State Police, the sheriff of the county 
where the person was last convicted of a sexually violent offense and the local law 
enforcement agency and sheriff for the location in which the committed person resided 
immediately before commitment as a sexually violent predator or immediately before 
incarceration for the person's most recent offense. 
3. Requested notice. Upon request, the department shall provide notice in the same 
manner as required under subsection 1 to: 
A. A victim of a sexually violent offense or the victim's next of kin if the offense 
included a homicide; 
B. 
A witness who testified against the committed person In commitment 
proceedings; or 
C. Any person specified in writing by the prosecuting attorney. 
The department shall send the notice required by this subsection to the last address 
provided to the department by the person requesting notice. 
4. 
Confidentiality of request. Information regarding persons requesting notice 
under subsection 3 and the notice are confidential and may not be disclosed to any 
person, including the committed person. 
5. Recapture. If the committed person is recaptured after escape, the department 
shall notify a person receiving notice under this section as soon as possible, but no later 
than 2 working days after the department learns of the recapture. 
6. Minor. If the person to be notified under subsection 3 has not attained 18 years of 
age, the notice required by this section must be sent to the person having legal custody of 
the minor. 
1 
§3940. Escorted leave 
1. 
Escorted leave authorized. 
The person in charge of a facility to which a 
committed person is confined under this subchapter may grant, subject to approval of the 
commissioner, an escorted leave of absence to that committed person for the following 
purposes: 
A. To go to the bedside of that committed person's spouse or parent or other member 
of that committed person's immediate family who is seriously ill; 
B. To attend the funeral of a member of that committed person's immediate family; 
or 
C. To receive necessary medical or dental care that is not available in the facility 
where the committed person is confined. 
2. Conditions. A committed person granted an escorted leave of absence under this 
section must be under the continuous supervision of an escort. The escort must be a 
correctional officer or other person approved by the commissioner. The escort shall 
maintain visual or auditory contact with the person at all times. Contact may not be aided 
by any electronic or other device. 
3. Notice. A committed person may not begin an escorted leave of absence until the 
commissioner has notified the law enforcement agency with jurisdiction in the area of the 
person's destination. 
4. Restricted to State. A committed person granted an escorted leave of absence 
may not leave the State unless the leave is approved by the court. 
5. Reimbursement of costs. The commissioner may seek reimbursement from the 
committed person or members of the family of the committed person for the costs of an 
escorted leave of absence unless the committed person and the committed person's family 
members are indigent and without resources sufficient to reimburse the State for the costs 
of the leave of absence. 
Sec. 4. Licensing of group homes and similar living situations for persons 
convicted of sex offenses. The Legislature recognizes the existing danger of persons 
who have been convicted of sex offenses who are now living in the community and are 
residing in group homes and similar living situations where no appropriate counseling 
and treatment are provided. In an effort to address this concern and ensure that persons 
convicted of sex offenses who live in group homes and similar living situations receive 
essential services and are not in situations that will in fact increase the chances of their 
recidivating, the Department of Corrections and the Department of Health and Human 
Services shall establish licensing standards and necessary legislation to implement those 
standards. The licensing standards must apply to all group and similar residential-style 
homes, including those maintained by for-profit and nonprofit organizations. 
The 
departments shall report their recommendations for licensing and necessary implementing 
legislation to the Joint Standing Committee on Criminal Justice and Public Safety and the 
Joint Standing Committee on Health and Human Services by December 1, 2007. Upon 
receipt of the recommendations, the Joint Standing Committee on Criminal Justice and 
Public Safety and the Joint Standing Committee on Health and Human Services may 
submit legislation to the Second Regular Session of the 123rd Legislature. 
SUMMARY 
This bill provides a procedure for the commitment of a person determined to be a 
sexually violent predator if a court finds that the person has a mental abnormality or 
personality disorder that makes it likely that the person will engage in predatory acts of 
sexual violence if not confined in a secure facility. Protections are provided to a person 
Page J3 - 123LR0082(Ol)-1 
I 
subject to commitment. Care and treatment must be provided, and the commitment is 
subject to annual review. Notice of release or discharge is required for victims, witnesses 
and other persons identified by the prosecuting attorney. This bill designates both the 
Commissioner of Corrections and the Commissioner of Health and Human Services as 
responsible for providing secure facilities for sexually violent predators. 
This bill 
coordinates release from a secure facility for sexually violent predators with supervised 
release for sex offenders under Title 17-A, chapter 50. 
This bill also directs the Department of Corrections and the Department of Health and 
Human Services to establish licensing standards and necessary legislation to implement 
those standards for group and similar residential-style homes in which persons who have 
II 
been convicted of sex offenses are residing. The purpose of creating licensing standards 
is to ensure that persons who have been convicted of sex offenses and are now living in 
the community and are residing in group homes and similar living situations receive 
appropriate counseling and treatment, instead of living in residential situations that in fact 
IS 
increase the chances of their recidivating. The licensing standards must apply to all 
group and residential-style homes, including those maintained by for-profit and nonprofit 
organizations. The departments shall report their recommendations for licensing and 
necessary implementing legislation to the Joint Standing Committee on Criminal Justice 
and Public Safety and the Joint Standing Committee on Health and Human Services by 
December 1,2007. Upon receipt of the recommendations, the Joint Standing Committee 
on Criminal Justice and Public Safety and the Joint Standing Committee Health and 
Human Services may submit legislation to the Second Regular Session of the 123rd 
Legislature.