Sunset Process Sex Offender Management Board

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the sex offender management board (board) by:

• Continuing the board for 5 years, until September 1, 2028;
• Clarifying that supervising officers are required to follow guidelines and standards and directing agencies that employ supervising officers to collaborate with the board to hold accountable those who fail to do so;
• Repealing the limitation on the number of treatment providers (providers) given to offenders when choosing a provider, and requiring that the supervising agency of each adult sex offender and juvenile who has committed a sexual offense (offender) shall provide the offender with a complete list of approved providers who have the expertise to work with the specific risks and needs of that particular offender. If the offender is a person with an intellectual and developmental disability, the supervising agency shall make a recommendation to a provider approved by the board to work with that population.
• Requiring standards compliance reviews on at least 10% of providers every 2 years;
• Updating language concerning fingerprints to reflect current practice; and
• Relieving the department of regulatory agencies of its responsibility to publish a list, together with the board, of approved providers.

In addition to the recommendations made by the department of regulatory agencies in its sunset review and report, the act:

• Updates and clarifies the definitions for "adult sex offender", "juvenile who has committed a sexual offense", and "sex offender";
• Requires each presentence report prepared regarding an offender contain the results of an evaluation for treatment and risk, procedures for monitoring behavior for the protection of victims and potential victims, and an identification developed pursuant to statute;
• Ensures that, to the extent possible, treatment options for an offender are responsive to the age and developmental status of the offender at the time of treatment, as well as the linguistic, cultural, religious, and racial characteristics; sexual orientation; gender identity; and gender expression of the offender being treated;
• Requires the board, in collaboration with the state board of parole, to revise the specific sex offender release guideline instrument, on or before December 1, 2023, for those inmates classified as sex offenders with determinate sentences. The revised release guideline instrument must incorporate the concepts of risk-need-responsivity or another evidence-based correction model and be as flexible as possible to ensure that the offender has timely access to necessary programs.
• Requires the department of corrections (department) to identify all inmates who are classified to undergo treatment, eligible to receive treatment, and have not been provided with the opportunity to receive such treatment while incarcerated. For each such inmate, the department is required to report specified individual data to the board on or before July 31, 2023.
• Further requires the department to report to the board aggregate data on the identified offender population on or before July 31, 2023;
• Creates a subcommittee of the board with representative stakeholders to:
• Study and develop solutions to address treatment resources for offenders who are incarcerated or in the custody of the department;
• Analyze data and identify barriers faced by the department in providing timely access to treatment to offenders;
• Make recommendations for eliminating those barriers;
• Review and consider revisions to the department's policies and regulations to prevent unnecessary backlog in making treatment accessible to inmates who require treatment to meet parole eligibility requirements;
• Review parole guidelines for offenders with determinate sentences and make revisions to prevent unnecessary backlog in treatment to meet parole eligibility requirements; and
• Determine how to increase the number and availability of approved providers and other resources for offenders.
• Clarifies that placements and treatment options for juvenile offenders must reflect the complex needs of the juveniles served and that the division of youth services is responsible for working with juvenile offenders;
• Allows the department to employ or contract with an individual or entity to provide sex-offender-specific evaluation, treatment, or polygraph services if the director of the program is a board-approved provider and conforms with the guidelines and standards established by the board; and
• Specifies the qualifications that providers must have and when the department may terminate a contract with a provider.

For the 2023-24 state fiscal year, $163,946 is appropriated from the general fund to the department of public safety for use by the division of criminal justice for sex offender supervision. An additional $43,122 is appropriated from the general fund to the judicial department for general courts administration.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)