120 STAT. 618
Expiration date. Extension.
VerDate 14-DEC-2004
10:20 Jul 12, 2007
PUBLIC LAW 109–248—JULY 27, 2006
the purpose of establishing, enhancing, or operating effective civil commitment programs for sexually dangerous persons. (b) LIMITATION.—The Attorney General shall not make any grant under this section for the purpose of establishing, enhancing, or operating any transitional housing for a sexually dangerous person in or near a location where minors or other vulnerable persons are likely to come into contact with that person. (c) ELIGIBILITY.— (1) IN GENERAL.—To be eligible to receive a grant under this section, a jurisdiction shall, before the expiration of the compliance period— (A) have established a civil commitment program for sexually dangerous persons that is consistent with guidelines issued by the Attorney General; or (B) submit a plan for the establishment of such a program. (2) COMPLIANCE PERIOD.—The compliance period referred to in paragraph (1) expires on the date that is 2 years after the date of the enactment of this Act. However, the Attorney General may, on a case-by-case basis, extend the compliance period that applies to a jurisdiction if the Attorney General considers such an extension to be appropriate. (3) RELEASE NOTICE.— (A) Each civil commitment program for which funding is required under this section shall require the issuance of timely notice to a State official responsible for considering whether to pursue civil commitment proceedings upon the impending release of any person incarcerated by the State who— (i) has been convicted of a sexually violent offense; or (ii) has been deemed by the State to be at high risk for recommitting any sexual offense against a minor. (B) The program shall further require that upon receiving notice under subparagraph (A), the State official shall consider whether or not to pursue a civil commitment proceeding, or any equivalent proceeding required under State law. (d) ATTORNEY GENERAL REPORTS.—Not later than January 31 of each year, beginning with 2008, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of jurisdictions in implementing this section and the rate of sexually violent offenses for each jurisdiction. (e) DEFINITIONS.—As used in this section: (1) The term ‘‘civil commitment program’’ means a program that involves— (A) secure civil confinement, including appropriate control, care, and treatment during such confinement; and (B) appropriate supervision, care, and treatment for individuals released following such confinement. (2) The term ‘‘sexually dangerous person’’ means a person suffering from a serious mental illness, abnormality, or disorder, as a result of which the individual would have serious difficulty in refraining from sexually violent conduct or child molestation.
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