Senate Amendment JUD to S 659
Session 124 (2021-2022)

The Committee on Judiciary proposed the following amendment (JUD0659.001):

Amend the bill, as and if amended, by striking line 21 through line 23 on page 6, in Section 44-48-90(B), as contained in SECTION 6, and inserting therein the following:

/ only if the respondent will not be substantially prejudiced. The Attorney General must /

Amend the bill further, as and if amended, by striking line 34 on page 6, in Section 44-48-90(C), as contained in SECTION 6, and inserting therein the following:

/ expert to perform a subsequent examination evaluation. If the court-appointed /

Amend the bill further, as and if amended, by striking line 15 on page 7, in Section 44-48-90(C), as contained in SECTION 6, and inserting therein the following:

/ access to the person for the purpose of the evaluation, as well as /

Amend the bill further, as and if amended, by striking lines 11 and 12 on page 12, in Section 44-48-115(J), as contained in SECTION 9, and inserting therein the following:

/ (J) Upon receipt by the Supreme Court of the findings and conclusions of the designated judge, the /

Amend the bill further, as and if amended, beginning on page 12 and ending on page 13, by striking SECTION 10 in its entirety, and inserting therein the following:

/ SECTION 10. Section 44-48-120 of the 1976 Code is amended to read:

" (A) If the Director of the Department of Mental Health determines that the person's resident's mental abnormality or personality disorder has so changed that the person resident is safe to be at large and, if released, is not likely to commit acts of sexual violence, the director must certify such determination in writing with the specific basis thereof, authorize the person resident to petition the court for release, and notify the Attorney General of the certification and authorization. The petition must be served upon the court and the Attorney General. Upon receipt of the certification and authorization, the resident or the Attorney General may file a petition for release, which must be served upon the court and the Attorney General, or on opposing counsel if filed by the Attorney General. The Attorney General must notify the victim of the proceeding.

(B)The court, upon receipt of the petition for release filed pursuant to subsection (A), must order a hearing within thirty days unless the Attorney General, with notice to the resident, requests an examination evaluation by a qualified expert evaluator as to whether the petitioner's resident's mental abnormality or personality disorder has so changed that the resident petitioner is safe to be at large and, if released, is not likely to commit acts of sexual violence, or the resident petitioner or the Attorney General requests a trial before a jury. The Attorney General must represent the State and has the right to have the petitioner resident examined by a qualified experts evaluator chosen by the State. If the petition is filed with the authorization of the Department of Mental Health as provided by in subsection (A), then the Department of Mental Health's-designated qualified evaluator must appear as a witness at the hearing or trial. If the Attorney General's qualified evaluator determines that the resident still meets the criteria for confinement as a sexually violent predator, then the resident may seek another evaluation at the resident's personal expense. No public funds shall be authorized for the subsequent evaluation sought by the resident or for the testimony provided by this evaluator. All qualified evaluators are permitted to have reasonable access to the resident for the purpose of the examination, as well as reasonable access to all relevant medical, psychological, criminal offense, and disciplinary records and reports, and the court shall order the resident to comply with any testing and assessments deemed necessary by a qualified evaluator. Attorney General retains a qualified expert who concludes that the petitioner's mental abnormality or personality disorder remains such that the petitioner is not safe to be at large and, if released, is likely to commit acts of sexual violence, the petitioner may retain a qualified expert of his own choosing to perform a subsequent examination. In the case of an indigent petitioner who would like an expert of his own choosing, the court must determine whether the services are necessary. If the court determines that the services are necessary and the expert's requested compensation for the services is reasonable, the court must assist the petitioner in obtaining the expert to perform an examination or participate in the hearing or trial on the petitioner's behalf. The court must approve payment for the services upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the petitioner, and compensation received in the case or for the same services from any other source. The burden of proof is upon the Attorney General to show beyond a reasonable doubt that the resident's petitioner's mental abnormality or personality disorder remains such that the resident petitioner is not safe to be at large and, that if released, is likely to commit acts of sexual violence." /

Amend the bill further, as and if amended, page 14, line 14, by adding an appropriately numbered SECTION to read:

/ SECTION __. Chapter 48 of Title 44 of the 1976 Code is amended by adding:

" Section 44-48-180. All cases pursuant to this chapter shall be given priority status for the purposes of scheduling any hearings or trials." /