5167-S.E AMH COUT MAZU 041

ESSB 5167 - H AMD TO H AMD (H-2095.1/25) 927

By Representative Couture

SCOPE AND OBJECT 03/31/2025

On page 123, line 3, increase the general fund-state appropriation for fiscal year 2026 by $100,000

On page 123, line 4, increase the general fund-state appropriation for fiscal year 2027 by $100,000

On page 123, line 5, correct the total.

On page 123, line 7, after "limitations:" insert the following:

"(1)"

On page 123, after line 10, insert the following:

"(2) During the 2025-2027 fiscal biennium, the department must implement a pilot project for community notice and consultation as provided in this subsection.

(a) The department must provide notice and opportunity to comment to any community in which the department intends to propose placement of a sexually violent predator. Additionally, if the department intends to propose placement of a sexually violent predator within one mile, as measured in any direction, of the exterior boundary of the reservation of any federally recognized Indian tribe, the department must first consult with the tribe. When the department makes a sexually violent predator placement recommendation to a court, the department must provide the court with the results of the community feedback and tribal consultation, if applicable. As part of the pilot project, the department must also notify any local law enforcement agency whose jurisdiction is within one mile of the proposed placement. The pilot project expires June 30, 2027.

(b) The department must report to the appropriate policy and fiscal committees of the legislature on the pilot project as follows:

(i) By October 1, 2025, the department must provide a preliminary report to the appropriate policy and fiscal committees of the legislature on the location of any proposed new placements and the community notification and tribal consultation processes.

(ii) By June 30, 2026, the department must provide a final report on the community notification and tribal consultation processes, along with recommended statutory language to codify a process for ongoing notification and consultation into the placement process, including recommended time frames for notice, opportunity to comment, and local government and tribal notification and involvement.

(3) As a condition of expending appropriations in this section for administration of the program for conditional release of sexually violent predators to less restrictive alternatives, the department must consider the following additional criteria when developing or issuing new requests for proposals: The distance of the housing facility from the reservation of any federally recognized Indian tribe; and for any housing facility within one mile, as measured in any direction, of the exterior boundary of the reservation of any federally recognized Indian tribe, whether the housing provider has consulted with the tribe and whether that tribe would support the placement."

--- END ---