Resolve, Creating a Forensic Board To Manage the Release of Certain Sex Offenders

Sec. 1. Development of forensic board for management and release of certain sex offenders. Resolved: That the Department of Corrections, in cooperation with the Department of Health and Human Services, the judicial branch and other interested parties, shall develop a plan to create a forensic board to periodically review the safety of releasing persons convicted of certain sex offenses. The Department of Corrections shall recommend persons to serve on the forensic board and shall recommend processes for the board to employ. These processes include determining when a person is eligible for review for release, identifying and using recognized risk assessment tools and other measurements and standards to determine whether a person may be appropriately released and under what conditions and determining whether and under what circumstances the person must continue to remain incarcerated until the next forensic review. In addition to making recommendations regarding the development of a forensic board and a review schedule after the minimum sentence is served, the Department of Corrections shall identify the types of treatment that persons convicted of sex offenses are receiving while incarcerated and any data measuring the success and failure of such treatments; and be it further

Sec. 2. Report and implementing legislation. Resolved: That the Department of Corrections shall report its findings and recommendations, including proposed legislation to implement a forensic board, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by December 30, 2006. Upon receiving the report, the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters may also report out legislation to make necessary changes in order to implement the forensic board process and amend criminal sentencing laws.

SUMMARY

This resolve directs the Department of Corrections, in cooperation with the Department of Health and Human Services, the judiciary branch and other interested parties, to develop a plan to create a forensic board to periodically review the safety of releasing persons convicted of certain sex offenses after those persons have served at least a minimum number of years of imprisonment. The Department of Corrections shall recommend persons to serve on the forensic board and shall recommend processes for the board to employ, including the use of recognized risk assessment tools and other measurements and standards, to determine whether a person may be appropriately released and under what conditions or to determine that the person must continue to remain incarcerated until the next forensic review. In addition to making recommendations regarding the development of a forensic board, the Department of Corrections shall identify the types of treatment that persons convicted of sex offenses are receiving while incarcerated and any data measuring the success and failure of such treatments. The resolve directs the Department of Corrections to report its findings and recommendations, including proposed legislation to implement a forensic board, to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters by December 30, 2006.