| 2007 Bills of Interest Criminal Justice |
Criminal Justice
HB2181, patient release; notice; disclosure
Requires notice be provided to specific prosecuting agencies in certain circumstances before patients are discharged
from court-ordered treatment and allows health records to be disclosed to prosecuting agencies in certain
circumstances.
Judiciary Committee approved an amendment on 1/18 that makes clarifying changes.
Approved by the Senate Rules Committee.
Scheduled for Committee of the Whole debate numerous times and has thus far been retained on the calendar.
Committee of the Whole approved the bill on 2/22 with an amendment that the Judiciary amendment and an
amendment that clarifies information obtained this way may only be used for the criminal charge that has been
dismissed.
Approved by the House on 2/26.
Heard by Senate Judiciary on March 19th and approved without any amendments by the Committee.
Approved by Senate Rules Committee.
Bill approved in Committee of the Whole on April 24th without any amendments.
Bill failed to pass on third reading on April 26th.
HB2298, prison transition program
Allows DOC to establish a transition program for inmates. Specifies that 5% not 8% of the inmates wages will be used
to fund transition services if there is no vehicle conviction. Transition program for drug offenders are inmates classified
as medium or low risk to the community. Eligibility is also for inmates in the 3-6 months of an early release program.
As a condition of participation in community supervision the inmate must participate in drug treatment or education.
The cost to be borne by the inmate. A community accountability pilot program is established that will include life
skills. Establishes a separate revolving funds in DOC for FY 07-08 to fund the program.
Hearing scheduled for House Committee on Public Institutions & Retirement on February 12th.
Committee approved the bill with an amendment that:
• Limits the program to low risk offenders.
• Specifies that eligible inmates shall not have been convicted of a violent crime and have a non-violent risk score
while incarcerated.
• Limits early release to three months rather than six months.
• Provides notice to victims and an opportunity to be heard. An inmate shall not be eligible for early release unless
the victim does not object.
• Reinserts an annual reporting requirement to the Legislature.
Awaiting a hearing before Appropriations Committee. Scheduled for February 21st. Withdrawn from House
Appropriations on February 27th.
Approved by Rules as constitutional and proper on March 19th.
Debated in the Committee of the Whole on March 22nd and approved with an amendment that makes technical
changes and deletes the funding allocations contained in the bill.
Approved by the House on March 22nd.
Scheduled for Senate Public Safety and Human Services on Thursday, March 29th, but held.
Scheduled for Senate Appropriations on Tuesday, April 3rd, at 1:30 pm in Senate Room 109.
Withdrawn from Senate Public Safety and Human Services on April 3rd. Approved by Senate Appropriations without
any amendments.
Approved by Senate Rules as proper for consideration with an amendment on April 9th.
Debated in the Senate on April 17th and approved with amendments that clarify the purpose and the program and the
frequency of reports due to the Joint Legislative Budget Committee.
Approved by the full Senate on April 25th.
House concurrence recommended on April 26th.
Final vote of approval on June 7th. The bill was transmitted to the Governor on the same day.
The bill was signed into law on June 13th as Chapter 247.
HB2778, youthful sex offenders; probation; supervision
Allows a youth sex offender on juvenile probation to be supervised by the juvenile probation department until the
offender turns 21.
Heard by Judiciary on 2/15 and approved with an amendment that strikes the definition of a youthful sex offender.
Replaces the reference to a youthful sex offender with a person who has been adjudicated delinquent for a specified
sex offense. Reduces the maximum age of an offender that the juvenile probation department may continue to
supervise from 25 to 21 years of age. Deletes the requirement for a person who is revoked from probation to be
sentenced to ADC. Sentences a person who is convicted of a new felony offense while on the extended supervision
provided by the bill to not less than the presumptive term of incarceration plus 20%. Specifies that the person would
not be eligible for suspension, probation, pardon or release until the sentence is served. Makes technical and
conforming changes.
Awaiting action by Rules Committee.
SB1041, juvenile corrections; temporary release
Striker: Allows the Department of Juvenile Corrections to temporarily escort committed youth for compassionate leave
or for purposes of treatment, education or rehabilitation.
Striker everything amendment adopted in Senate Public Safety and Human Services on 1/18. Rules Committee
approved as proper for consideration on 1/22. Approved by the Senate Committee of the Whole on 1/25.
Approved by the Senate on February 2nd.
Assigned to the House Committees on Natural Resources and Public Safety and the Rules Committee.
Heard on February 21st in the Natural Resources and Public Safety committee approved the bill without any
amendments.
House Rules approved on March 27th as constitutional and proper.
Placed on Consent Calendar.
Approved by the House on April 2nd and transmitted to the Governor.
Signed by the Governor on April 11th and assigned at Chapter 22.
SB1232, crisis intervention; program fund appropriation
Directs DHS to have a crisis intervention team training program coordinator. The coordinator shall work with any law
enforcement agencies in the state. Assigns a variety of tasks to the coordinator to assure program is expanded. An
annual report is to be filed. A crisis intervention team training program advisory committee is established with the
composition prescribed. A crisis intervention training fund is established to provide financial support for training and
community coordination. Monies in the fund are continuously appropriated and are exempt from lapsing. Contractors
that receive funds are required to file quarterly report on the use of funds. The program sunsets on 7/1/17.
Appropriates $2 M from GF for FY 07-08 to the crisis intervention team training fund. Specifies that these funds do not
supplant current funding. This appropriating is exempt from lapsing.
Assigned to: Senate Appropriation, Public Safety and Human Services and Rules.
Approved by Senate Public Safety and Human Services Committee on February 8th with an amendment that made
minor technical and conforming changes related to frequency of reports and agencies who will receive reports.
Awaiting action by the Appropriations Committee.
A pilot portion included in the budget deal.
SB1426, youthful sex offenders; sentencing; registration
Allows a judge to consider the sentencing a youth sex offender if the person is under 18 years of age and commits a
first offense that does not involve the use or threat of physical force. Allows to judge to decide if the youthful sex
offender is to register and removes the community notification process.
Heard in Senate Judiciary on February 12th.
Senate Judiciary failed the bill on February 12th.
SB1482, psychiatric security review board
The bill stipulates that when a judge finds the defendant guilty except insane the judge shall commit the person to a
sentence in accordance with the sentencing guidelines. The psychiatric security review board shall have supervision of
the defendant and s/he will be committed to ASH. The court retains jurisdiction of all matters except those specifically
delegated to the board for the duration of the sentence. If the board finds the person no longer suffers a mental
disease or defect or that the situation is stable and the individual is dangerous or has a chance to re offend, the board
shall order the person transferred to DOC for the remainder of the sentence. The individual may, within 20 days,
appeal the board's decision and s/he will remain at ASH until a judge makes a ruling.
Heard in Senate Judiciary Committee on February 12th and approved with an amendment that changes the measure
used in the determination of transfer procedures of a defendant found guilty except insane.
Rule approved the bill on 2/19 as proper for consideration.
Committee of the Whole approved the bill on 2/22 with an amendment that was adopted by the Judiciary Committee.
The bill received full Senate approval on 2/22 and has been sent to the House.
The bill has been assigned to the Natural Resources and Public Safety and Rules Committees.
The Natural Resources and Public Safety Committee hear the bill on Wednesday, March 7th and approved without any
amendments.
Approved on April 10th by the Rules Committee as constitutional and proper.
Placed on the Consent Calendar on April 10th.
Passed by the House on April 17th and transmitted to the Senate.
Bill transmitted to Governor with signature on April 24th. Chaptered as 138.
SB1567, pseudoephedrine
As of 11/1/07 pharmacies are required to have nonprescription pseudoephedrine to be behind the counter or in locked
facility. Violations are a civil penalty of up to $25,000. Requires maintenance of an electronic log.
Assigned to Senate Commerce and Economic Development and Rules Committee.
SB1573, appropriation; methamphetamine prevention
Appropriates $400,000 for the GF in FY 07-08 to DHS for prevention of the use of meth. Appropriation is exempt from
lapsing.
Awaiting committee assignments.
SB1580, underage drinking; conviction; treatment
Requires an underage drinker to complete a court ordered alcohol or other drug screening, education or treatment
program.
Assigned to Senate Judiciary and Rules Committees.
SB1628, youthful sex offenders; treatment
Requires the court or probation departments that places a youthful sex offender in a treatment program be certain the
program is similar to the age and developmental maturity of the offender. Requires a mental health treatment program
for youthful sex offenders to comply with the ethical requirements of the American Psychiatric Assoc.
Public Safety and Human Services Committee approved the bill with an amendment on 2/15/07 that prohibits the use
of images in violation of laws relating to obscenity and the sexual exploitation of children in a mental health treatment
program for a youthful sex offender.
Heard in Senate Rules on 2/19 and proper for consideration.
Approved in Committee of the Whole with an amendment on 2/22 that clarifies that a youth sex offender is under age
21.
Approved by the Senate on 2/27.
Heard in House Judiciary on Thursday, March 22nd. A version of the bill may be offered in Senate Public Safety and
Human Services Committee on March 22nd. Will be offered as a strike everything amendment to HB 2458.
The proposed strike everything amendment to HB 2458 was held.
SB 1628 was approved by the House Judiciary Committee with an amendment that alters who establishes the
treatment standards for youthful sex offenders as those who meet the code of ethics for the Association for the
Treatment of Sexual Abusers. Clarifies that youthful sex offenders can not be involved with use or a threat to use a
weapon or make a dangerous statement. Allows a youth sex offender to have the case transferred to juvenile court and
outlines the process for this action. Allows the probationer under age 22 and who was convicted for a sexual offense
when under 18 to have an annual probation review. Allows the court to suspend or terminate duty to register for
youthful sex offender.
Approved by House Rules on April 10th as constitutional and proper.
Committee of the Whole debate on April 12th with an amendment. The amendment outlines factors the court must
consider in determining whether the public safety and juvenile’s rehabilitation would be served by transferring the
juvenile to juvenile court. Requires the court to make a written determination as to whether or not to transfer the
juvenile to juvenile court at the conclusion of the transfer hearing. Prohibits the court from deferring the decision to
transfer.
Approved by the House on April 17th. Transmitted to the Senate.
Final approval by Senate on April 26th. Bill transmitted to the Governor.
Signed on May 1st, Chapter 176.
HB2181, patient release; notice; disclosure
Requires notice be provided to specific prosecuting agencies in certain circumstances before patients are discharged
from court-ordered treatment and allows health records to be disclosed to prosecuting agencies in certain
circumstances.
Judiciary Committee approved an amendment on 1/18 that makes clarifying changes.
Approved by the Senate Rules Committee.
Scheduled for Committee of the Whole debate numerous times and has thus far been retained on the calendar.
Committee of the Whole approved the bill on 2/22 with an amendment that the Judiciary amendment and an
amendment that clarifies information obtained this way may only be used for the criminal charge that has been
dismissed.
Approved by the House on 2/26.
Heard by Senate Judiciary on March 19th and approved without any amendments by the Committee.
Approved by Senate Rules Committee.
Bill approved in Committee of the Whole on April 24th without any amendments.
Bill failed to pass on third reading on April 26th.
HB2298, prison transition program
Allows DOC to establish a transition program for inmates. Specifies that 5% not 8% of the inmates wages will be used
to fund transition services if there is no vehicle conviction. Transition program for drug offenders are inmates classified
as medium or low risk to the community. Eligibility is also for inmates in the 3-6 months of an early release program.
As a condition of participation in community supervision the inmate must participate in drug treatment or education.
The cost to be borne by the inmate. A community accountability pilot program is established that will include life
skills. Establishes a separate revolving funds in DOC for FY 07-08 to fund the program.
Hearing scheduled for House Committee on Public Institutions & Retirement on February 12th.
Committee approved the bill with an amendment that:
• Limits the program to low risk offenders.
• Specifies that eligible inmates shall not have been convicted of a violent crime and have a non-violent risk score
while incarcerated.
• Limits early release to three months rather than six months.
• Provides notice to victims and an opportunity to be heard. An inmate shall not be eligible for early release unless
the victim does not object.
• Reinserts an annual reporting requirement to the Legislature.
Awaiting a hearing before Appropriations Committee. Scheduled for February 21st. Withdrawn from House
Appropriations on February 27th.
Approved by Rules as constitutional and proper on March 19th.
Debated in the Committee of the Whole on March 22nd and approved with an amendment that makes technical
changes and deletes the funding allocations contained in the bill.
Approved by the House on March 22nd.
Scheduled for Senate Public Safety and Human Services on Thursday, March 29th, but held.
Scheduled for Senate Appropriations on Tuesday, April 3rd, at 1:30 pm in Senate Room 109.
Withdrawn from Senate Public Safety and Human Services on April 3rd. Approved by Senate Appropriations without
any amendments.
Approved by Senate Rules as proper for consideration with an amendment on April 9th.
Debated in the Senate on April 17th and approved with amendments that clarify the purpose and the program and the
frequency of reports due to the Joint Legislative Budget Committee.
Approved by the full Senate on April 25th.
House concurrence recommended on April 26th.
Final vote of approval on June 7th. The bill was transmitted to the Governor on the same day.
The bill was signed into law on June 13th as Chapter 247.
HB2778, youthful sex offenders; probation; supervision
Allows a youth sex offender on juvenile probation to be supervised by the juvenile probation department until the
offender turns 21.
Heard by Judiciary on 2/15 and approved with an amendment that strikes the definition of a youthful sex offender.
Replaces the reference to a youthful sex offender with a person who has been adjudicated delinquent for a specified
sex offense. Reduces the maximum age of an offender that the juvenile probation department may continue to
supervise from 25 to 21 years of age. Deletes the requirement for a person who is revoked from probation to be
sentenced to ADC. Sentences a person who is convicted of a new felony offense while on the extended supervision
provided by the bill to not less than the presumptive term of incarceration plus 20%. Specifies that the person would
not be eligible for suspension, probation, pardon or release until the sentence is served. Makes technical and
conforming changes.
Awaiting action by Rules Committee.
SB1041, juvenile corrections; temporary release
Striker: Allows the Department of Juvenile Corrections to temporarily escort committed youth for compassionate leave
or for purposes of treatment, education or rehabilitation.
Striker everything amendment adopted in Senate Public Safety and Human Services on 1/18. Rules Committee
approved as proper for consideration on 1/22. Approved by the Senate Committee of the Whole on 1/25.
Approved by the Senate on February 2nd.
Assigned to the House Committees on Natural Resources and Public Safety and the Rules Committee.
Heard on February 21st in the Natural Resources and Public Safety committee approved the bill without any
amendments.
House Rules approved on March 27th as constitutional and proper.
Placed on Consent Calendar.
Approved by the House on April 2nd and transmitted to the Governor.
Signed by the Governor on April 11th and assigned at Chapter 22.
SB1232, crisis intervention; program fund appropriation
Directs DHS to have a crisis intervention team training program coordinator. The coordinator shall work with any law
enforcement agencies in the state. Assigns a variety of tasks to the coordinator to assure program is expanded. An
annual report is to be filed. A crisis intervention team training program advisory committee is established with the
composition prescribed. A crisis intervention training fund is established to provide financial support for training and
community coordination. Monies in the fund are continuously appropriated and are exempt from lapsing. Contractors
that receive funds are required to file quarterly report on the use of funds. The program sunsets on 7/1/17.
Appropriates $2 M from GF for FY 07-08 to the crisis intervention team training fund. Specifies that these funds do not
supplant current funding. This appropriating is exempt from lapsing.
Assigned to: Senate Appropriation, Public Safety and Human Services and Rules.
Approved by Senate Public Safety and Human Services Committee on February 8th with an amendment that made
minor technical and conforming changes related to frequency of reports and agencies who will receive reports.
Awaiting action by the Appropriations Committee.
A pilot portion included in the budget deal.
SB1426, youthful sex offenders; sentencing; registration
Allows a judge to consider the sentencing a youth sex offender if the person is under 18 years of age and commits a
first offense that does not involve the use or threat of physical force. Allows to judge to decide if the youthful sex
offender is to register and removes the community notification process.
Heard in Senate Judiciary on February 12th.
Senate Judiciary failed the bill on February 12th.
SB1482, psychiatric security review board
The bill stipulates that when a judge finds the defendant guilty except insane the judge shall commit the person to a
sentence in accordance with the sentencing guidelines. The psychiatric security review board shall have supervision of
the defendant and s/he will be committed to ASH. The court retains jurisdiction of all matters except those specifically
delegated to the board for the duration of the sentence. If the board finds the person no longer suffers a mental
disease or defect or that the situation is stable and the individual is dangerous or has a chance to re offend, the board
shall order the person transferred to DOC for the remainder of the sentence. The individual may, within 20 days,
appeal the board's decision and s/he will remain at ASH until a judge makes a ruling.
Heard in Senate Judiciary Committee on February 12th and approved with an amendment that changes the measure
used in the determination of transfer procedures of a defendant found guilty except insane.
Rule approved the bill on 2/19 as proper for consideration.
Committee of the Whole approved the bill on 2/22 with an amendment that was adopted by the Judiciary Committee.
The bill received full Senate approval on 2/22 and has been sent to the House.
The bill has been assigned to the Natural Resources and Public Safety and Rules Committees.
The Natural Resources and Public Safety Committee hear the bill on Wednesday, March 7th and approved without any
amendments.
Approved on April 10th by the Rules Committee as constitutional and proper.
Placed on the Consent Calendar on April 10th.
Passed by the House on April 17th and transmitted to the Senate.
Bill transmitted to Governor with signature on April 24th. Chaptered as 138.
SB1567, pseudoephedrine
As of 11/1/07 pharmacies are required to have nonprescription pseudoephedrine to be behind the counter or in locked
facility. Violations are a civil penalty of up to $25,000. Requires maintenance of an electronic log.
Assigned to Senate Commerce and Economic Development and Rules Committee.
SB1573, appropriation; methamphetamine prevention
Appropriates $400,000 for the GF in FY 07-08 to DHS for prevention of the use of meth. Appropriation is exempt from
lapsing.
Awaiting committee assignments.
SB1580, underage drinking; conviction; treatment
Requires an underage drinker to complete a court ordered alcohol or other drug screening, education or treatment
program.
Assigned to Senate Judiciary and Rules Committees.
SB1628, youthful sex offenders; treatment
Requires the court or probation departments that places a youthful sex offender in a treatment program be certain the
program is similar to the age and developmental maturity of the offender. Requires a mental health treatment program
for youthful sex offenders to comply with the ethical requirements of the American Psychiatric Assoc.
Public Safety and Human Services Committee approved the bill with an amendment on 2/15/07 that prohibits the use
of images in violation of laws relating to obscenity and the sexual exploitation of children in a mental health treatment
program for a youthful sex offender.
Heard in Senate Rules on 2/19 and proper for consideration.
Approved in Committee of the Whole with an amendment on 2/22 that clarifies that a youth sex offender is under age
21.
Approved by the Senate on 2/27.
Heard in House Judiciary on Thursday, March 22nd. A version of the bill may be offered in Senate Public Safety and
Human Services Committee on March 22nd. Will be offered as a strike everything amendment to HB 2458.
The proposed strike everything amendment to HB 2458 was held.
SB 1628 was approved by the House Judiciary Committee with an amendment that alters who establishes the
treatment standards for youthful sex offenders as those who meet the code of ethics for the Association for the
Treatment of Sexual Abusers. Clarifies that youthful sex offenders can not be involved with use or a threat to use a
weapon or make a dangerous statement. Allows a youth sex offender to have the case transferred to juvenile court and
outlines the process for this action. Allows the probationer under age 22 and who was convicted for a sexual offense
when under 18 to have an annual probation review. Allows the court to suspend or terminate duty to register for
youthful sex offender.
Approved by House Rules on April 10th as constitutional and proper.
Committee of the Whole debate on April 12th with an amendment. The amendment outlines factors the court must
consider in determining whether the public safety and juvenile’s rehabilitation would be served by transferring the
juvenile to juvenile court. Requires the court to make a written determination as to whether or not to transfer the
juvenile to juvenile court at the conclusion of the transfer hearing. Prohibits the court from deferring the decision to
transfer.
Approved by the House on April 17th. Transmitted to the Senate.
Final approval by Senate on April 26th. Bill transmitted to the Governor.
Signed on May 1st, Chapter 176.