Sexually violent predators

AN ACT Relating to sexually violent predators; amending RCW 1
71.09.020, 71.09.025, 71.09.030, 71.09.055, 71.09.060, 71.09.070, 2
71.09.090, 71.09.094, 71.09.096, 71.09.250, 71.09.280, and 9.94A.717; 3
and adding new sections to chapter 71.09 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 6
read as follows: 7
Unless the context clearly requires otherwise, the definitions in 8
this section apply throughout this chapter. 9
(1) "Department" means the department of social and health 10
services. 11
(2) "Fair share principles" and "fair share principles of 12
release" means that each county has adequate options for conditional 13
release housing placements in a number generally equivalent to the 14
number of residents from that county who are subject to total 15
confinement pursuant to this chapter. 16
(3) "Health care facility" means any hospital, hospice care 17
center, licensed or certified health care facility, health 18
maintenance organization regulated under chapter 48.46 RCW, federally 19
qualified health maintenance organization, federally approved renal 20
dialysis center or facility, or federally approved blood bank.21
Z-0133.2
HOUSE BILL 1133
State of Washington 69th Legislature 2025 Regular Session
By Representatives Leavitt, Couture, Bronoske, Wylie, Reeves, and
Hill; by request of Attorney General
Prefiled 12/24/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
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(4) "Health care practitioner" means an individual or firm 1
licensed or certified to engage actively in a regulated health 2
profession. 3
(5) "Health care services" means those services provided by 4
health professionals licensed pursuant to RCW 18.120.020(4).5
(6) "Health profession" means those licensed or regulated 6
professions set forth in RCW 18.120.020(4). 7
(7) "Less restrictive alternative" means court-ordered treatment 8
in a setting less restrictive than total confinement which satisfies 9
the conditions set forth in RCW 71.09.092. A less restrictive 10
alternative may not include placement in the community protection 11
program as pursuant to RCW 71A.12.230. 12
(8) "Likely to engage in predatory acts of sexual violence if not 13
confined in a secure facility" means that the person more probably 14
than not will engage in such acts if released unconditionally from 15
detention on the sexually violent predator petition. Such likelihood 16
must be evidenced by a recent overt act if the person is not totally 17
confined at the time the petition is filed under RCW 71.09.030.18
(9) "Mental abnormality" means a congenital or acquired condition 19
affecting the emotional or volitional capacity which predisposes the 20
person to the commission of criminal sexual acts in a degree 21
constituting such person a menace to the health and safety of others.22
(10) "Personality disorder" means an enduring pattern of inner 23
experience and behavior that deviates markedly from the expectations 24
of the individual's culture, is pervasive and inflexible, has onset 25
in adolescence or early adulthood, is stable over time and leads to 26
distress or impairment. Purported evidence of a personality disorder 27
must be supported by testimony of a licensed forensic psychologist or 28
psychiatrist. 29
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 30
individuals with whom a relationship has been established or promoted 31
for the primary purpose of victimization; or (c) persons of casual 32
acquaintance with whom no substantial personal relationship exists.33
(12) "Prosecuting agency" means the prosecuting attorney of the 34
county where the person was convicted or charged or the attorney 35
general if requested by the prosecuting attorney, as provided in RCW 36
71.09.030. 37
(13) "Recent overt act" means any act, threat, course of conduct, 38
or combination thereof that has either caused harm of a sexually 39
violent nature or creates a reasonable apprehension of such harm in 40
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the mind of an objective person who knows of the history and mental 1
condition of the person engaging in the act or behaviors.2
(14) "Risk potential activity" or "risk potential facility" means 3
an activity or facility that provides a higher incidence of risk to 4
the public from persons conditionally released from the special 5
commitment center. Risk potential activities and facilities include: 6
Public and private schools, school bus stops, licensed day care and 7
licensed preschool facilities, public parks, publicly dedicated 8
trails, sports fields, playgrounds, recreational and community 9
centers, churches, synagogues, temples, mosques, public libraries, 10
public and private youth camps, and others identified by the 11
department following the hearings on a potential site required in RCW 12
71.09.315. For purposes of this chapter, "school bus stops" does not 13
include bus stops established primarily for public transit.14
(15) "Secretary" means the secretary of social and health 15
services or the secretary's designee. 16
(16) "Secure community transition facility" means a residential 17
facility for persons civilly committed and conditionally released to 18
a less restrictive alternative under this chapter. A secure community 19
transition facility has supervision and security, and either provides 20
or ensures the provision of sex offender treatment services. Secure 21
community transition facilities include but are not limited to the 22
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 23
community-based facilities established under this chapter and 24
operated by the secretary or under contract with the secretary.25
(17) "Secure facility" means a residential facility for persons 26
civilly confined under the provisions of this chapter that includes 27
security measures sufficient to protect the community. Such 28
facilities include total confinement facilities, secure community 29
transition facilities, and any residence used as a court-ordered 30
placement under RCW 71.09.096. 31
(18) "Sexually violent offense" means an act committed on, 32
before, or after July 1, 1990, that is: (a) An act defined in Title 33
9A RCW as rape in the first degree, rape in the second degree by 34
forcible compulsion, rape of a child in the first or second degree, 35
statutory rape in the first or second degree, indecent liberties by 36
forcible compulsion, indecent liberties against a child under age 37
fourteen, incest against a child under age fourteen, or child 38
molestation in the first or second degree; (b) a felony offense in 39
effect at any time prior to July 1, 1990, that is comparable to a 40
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sexually violent offense as defined in (a) of this subsection, or any 1
federal, military, tribal, or out-of-state conviction for a felony 2
offense that under the laws of this state would be a sexually violent 3
offense as defined in this subsection at the time of the filing of a 4
petition under RCW 71.09.030; (c) an act of murder in the first or 5
second degree, assault in the first or second degree, assault of a 6
child in the first or second degree, kidnapping in the first or 7
second degree, burglary in the first degree, residential burglary, or 8
unlawful imprisonment, which act, either at the time of sentencing 9
for the offense or subsequently during civil commitment proceedings 10
pursuant to this chapter, has been determined beyond a reasonable 11
doubt to have been sexually motivated, as that term is defined in RCW 12
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 13
an attempt, criminal solicitation, or criminal conspiracy to commit 14
one of the felonies designated in (a), (b), or (c) of this 15
subsection. 16
(19) "Sexually violent predator" means any person who has been 17
convicted of or charged with a crime of sexual violence and who 18
suffers from a mental abnormality or personality disorder which makes 19
the person likely to engage in predatory acts of sexual violence if 20
not confined in a secure facility. 21
(20) "Total confinement facility" means a secure facility that 22
provides supervision and sex offender treatment services in a total 23
confinement setting. Total confinement facilities include the special 24
commitment center and any similar facility designated as a total 25
confinement facility by the secretary. 26
(21) "Treatment" means the sex offender specific treatment 27
program at the special commitment center or a specific course of sex 28
offender treatment pursuant to RCW 71.09.092 (1) and (2).29
Sec. 2. RCW 71.09.025 and 2023 c 453 s 26 are each amended to 30
read as follows: 31
(1)(a) When it appears that a person may meet the criteria of a 32
sexually violent predator as defined in RCW 71.09.020, the agency 33
with jurisdiction shall refer the person in writing to the 34
prosecuting attorney of the county in which an action under this 35
chapter may be filed pursuant to RCW 71.09.030 and the attorney 36
general, three months prior to: 37
(i) The anticipated release from total confinement of a person 38
who has been convicted of a sexually violent offense;39
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(ii) The anticipated release from total confinement of a person 1
found to have committed a sexually violent offense as a juvenile;2
(iii) Release of a person who has been charged with a sexually 3
violent offense and who has been determined to be incompetent to 4
stand trial pursuant to RCW 10.77.086(7); or 5
(iv) Release of a person who has been found not guilty by reason 6
of insanity of a sexually violent offense pursuant to RCW 7
10.77.020(((3))) and 10.77.025. 8
(b) The agency shall provide the prosecuting agency with all 9
relevant information including but not limited to the following 10
information: 11
(i) A complete copy of the institutional records compiled by the 12
department of corrections relating to the person, and any such out-13
of-state department of corrections' records, if available;14
(ii) A complete copy, if applicable, of any file compiled by the 15
indeterminate sentence review board relating to the person;16
(iii) All records relating to the psychological or psychiatric 17
evaluation and/or treatment of the person; 18
(iv) A current record of all prior arrests and convictions, and 19
full police case reports relating to those arrests and convictions; 20
and 21
(v) A current mental health evaluation or mental health records 22
review. 23
(c) The prosecuting agency has the authority, consistent with RCW 24
72.09.345(4), to obtain all records relating to the person if the 25
prosecuting agency deems such records are necessary to fulfill its 26
duties under this chapter. The prosecuting agency may only disclose 27
such records in the course of performing its duties pursuant to this 28
chapter, unless otherwise authorized by law. 29
(d) The prosecuting agency has the authority ((to utilize the 30
inquiry judge procedures of chapter 10.27 RCW prior to the filing of 31
any action under this chapter )) to seek the issuance of compulsory 32
process under section 3 of this act for the production of any records 33
((necessary for)) relevant to a determination of whether to seek the 34
civil commitment of a person under this chapter. Any records obtained 35
pursuant to this process may only be disclosed by the prosecuting 36
agency in the course of performing its duties pursuant to this 37
chapter, or unless otherwise authorized by law. 38
(2) The agency, its employees, and officials shall be immune from 39
liability for any good-faith conduct under this section.40
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(3) As used in this section, "agency with jurisdiction" means 1
that agency with the authority to direct the release of a person 2
serving a sentence or term of confinement and includes the department 3
of corrections, the indeterminate sentence review board, and the 4
department of social and health services. 5
NEW SECTION. Sec. 3. A new section is added to chapter 71.09 6
RCW to read as follows: 7
(1) Whenever the attorney general believes that any person, 8
entity, or agency (a) may be in possession, custody, or control of 9
any original or copy of any book, record, report, memorandum, paper, 10
communication, tabulation, map, chart, photograph, mechanical 11
transcription, or other tangible document or recording, wherever 12
situated, which is believed to be relevant to the determination of 13
whether to seek the civil commitment of a person under this chapter, 14
or (b) may have knowledge of any information which the attorney 15
general believes relevant to such a determination, he or she may, 16
prior to the institution of a civil proceeding thereon, execute in 17
writing and cause to be served upon such a person, a civil 18
investigative demand requiring such person to produce such 19
documentary material and permit inspection and copying, to answer in 20
writing written interrogatories, to give oral testimony, or any 21
combination of such demands pertaining to such documentary material 22
or information. 23
(2) Each demand executed under this section shall:24
(a) State the relevant sections or subsections authorizing the 25
issuance of the demand and further state that the demand is for the 26
purpose of obtaining information to aid in a determination of whether 27
to seek the civil commitment of a person; 28
(b) If the demand is for the production of documentary material, 29
describe the class or classes of documentary material to be produced 30
with reasonable specificity so as fairly to indicate the material 31
demanded; 32
(c) Prescribe a return date within which the documentary material 33
is to be produced, the answers to written interrogatories are to be 34
made, or a date, time, and place at which oral testimony is to be 35
taken; and 36
(d) Identify the members of the attorney general's staff to whom 37
such documentary material is to be made available for inspection and 38
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copying, to whom answers to written interrogatories are to be made, 1
or who are to conduct the examination for oral testimony.2
(3) No demand executed under this section may: 3
(a) Contain any requirement which would be unreasonable or 4
improper if contained in a subpoena duces tecum, a request for 5
answers to written interrogatories, or a request for deposition upon 6
oral examination issued by a court of this state; or7
(b) Require the disclosure of any documentary material which 8
would be privileged, or which for any other reason would not be 9
required by a subpoena duces tecum issued by a court of this state.10
(4) Service of any demand executed under this section may be made 11
by: 12
(a) Delivering a duly executed copy thereof to the person to be 13
served, or, if such person is not a natural person, to any officer or 14
managing agent of the person to be served; 15
(b) Delivering a duly executed copy thereof to the principal 16
place of business in this state of the person to be served; or17
(c) Mailing by registered or certified mail a duly executed copy 18
thereof addressed to the person to be served at the principal place 19
of business in this state, or, if said person has no place of 20
business in this state, to the person's principal office or place of 21
business. 22
(5)(a) Documentary material demanded under the provisions of this 23
section shall be produced for inspection and copying during normal 24
business hours at the principal office or place of business of the 25
person served, or at such other times and places as may be agreed 26
upon by the person served and the attorney general.27
(b) Written interrogatories in a demand served under this section 28
shall be answered in the same manner as provided in the civil rules 29
for superior court. 30
(c) The oral testimony of any person obtained from a demand 31
served under this section shall be taken in the same manner as 32
provided in the civil rules for superior court for the taking of 33
depositions. In the course of the deposition, the assistant attorney 34
general conducting the examination may exclude from the place where 35
the examination is held all persons other than the person being 36
examined, the person's counsel, and the officer before whom the 37
testimony is to be taken. 38
(d) Any person compelled to appear by a demand for oral testimony 39
under this section may be accompanied by counsel. 40
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(e) The oral testimony of any person obtained from a demand 1
served under this section shall be taken in the county within which 2
the person resides, is found, or transacts business, or in such other 3
place as may be agreed upon between the person served and the 4
attorney general. 5
(6) At any time before the return date specified in the demand, 6
or within 20 days after the demand has been served, whichever period 7
is shorter, a petition to extend the return date for, or to modify or 8
set aside a demand issued under subsection (1) of this section, 9
stating good cause, may be filed in the superior court for Thurston 10
county, or in such other county where the parties reside. A petition 11
by the person on whom the demand is served, stating good cause, to 12
require the attorney general or any person to perform any duty 13
imposed by the provisions of this section, and all other petitions in 14
connection with a demand executed under this section, may be filed in 15
the superior court for Thurston county, or in the county where the 16
parties reside. The court shall have jurisdiction to impose such 17
sanctions as are provided for in the civil rules for superior court 18
with respect to discovery motions. 19
(7) Whenever any person fails to comply with any civil 20
investigative demand for documentary material, answers to written 21
interrogatories, or oral testimony duly served upon them under this 22
section, or whenever satisfactory copying or reproduction of any such 23
material cannot be done and such person refuses to surrender such 24
material, the attorney general may file, in the trial court of 25
general jurisdiction of the county in which such person resides, is 26
found, or transacts business, and serve upon such person a petition 27
for an order of such court for the enforcement of this section, 28
except that if such person transacts business in more than one county 29
such petition shall be filed in the county in which such person 30
maintains their principal place of business, or in such other county 31
as may be agreed upon by the parties to such petition. Whenever any 32
petition is filed in the trial court of general jurisdiction of any 33
county under this section, such court shall have jurisdiction to hear 34
and determine the matter presented and to enter such order or orders 35
as may be required to carry into effect the provisions of this 36
section, and may impose such sanctions as are provided for in the 37
civil rules for superior court with respect to discovery motions.38
(8) This section shall not be applicable to criminal 39
prosecutions. 40
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Sec. 4. RCW 71.09.030 and 2023 c 453 s 27 are each amended to 1
read as follows: 2
(1) A petition may be filed alleging that a person is a sexually 3
violent predator and stating sufficient facts to support such 4
allegation when it appears that: (a) A person who at any time 5
previously has been convicted of a sexually violent offense is about 6
to be released from total confinement; (b) a person found to have 7
committed a sexually violent offense as a juvenile is about to be 8
released from total confinement; (c) a person who has been charged 9
with a sexually violent offense and who has been determined to be 10
incompetent to stand trial is about to be released, or has been 11
released, pursuant to RCW 10.77.086(7); (d) a person who has been 12
found not guilty by reason of insanity of a sexually violent offense 13
is about to be released, or has been released, pursuant to RCW 14
10.77.020(((3))), 10.77.025, 10.77.110 (((1) or (3))), or 10.77.150; 15
or (e) a person who at any time previously has been convicted of a 16
sexually violent offense and has since been released from total 17
confinement and has committed a recent overt act. 18
(2) The petition may be filed by: 19
(a) The prosecuting attorney of a county in which:20
(i) The person has been charged or convicted with a sexually 21
violent offense; 22
(ii) A recent overt act occurred involving a person covered under 23
subsection (1)(e) of this section; or 24
(iii) The person committed a recent overt act, or was charged or 25
convicted of a criminal offense that would qualify as a recent overt 26
act, if the only sexually violent offense charge or conviction 27
occurred in a jurisdiction other than Washington , including military 28
or tribal jurisdictions; or 29
(b) The attorney general, if requested by the county prosecuting 30
attorney identified in (a) of this subsection. If the county 31
prosecuting attorney requests that the attorney general file and 32
prosecute a case under this chapter, then the county shall charge the 33
attorney general only the fees, including filing and jury fees, that 34
would be charged and paid by the county prosecuting attorney, if the 35
county prosecuting attorney retained the case. 36
Sec. 5. RCW 71.09.055 and 2012 c 257 s 9 are each amended to 37
read as follows: 38
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(1) The office of public defense is responsible for the cost of 1
one expert or professional person conducting an evaluation on an 2
indigent person's behalf as provided in RCW 71.09.050, 71.09.070, or 3
((71.09.090)) section 10 of this act. 4
(2) Expert evaluations are capped at ((ten thousand dollars )) 5
$10,000, to include all professional fees, travel, per diem, and 6
other costs. Partial evaluations are capped at ((five thousand five 7
hundred dollars )) $5,500 and expert services apart from an 8
evaluation, exclusive of testimony at trial or depositions, are 9
capped at ((six thousand dollars)) $6,000. 10
(3) The office of public defense will pay for the costs related 11
to the evaluation of an indigent person by an additional examiner or 12
in excess of the stated fee caps only upon a finding by the superior 13
court that such appointment or extraordinary fees are for good cause.14
Sec. 6. RCW 71.09.060 and 2023 c 453 s 28 are each amended to 15
read as follows: 16
(1) The court or jury shall determine whether, beyond a 17
reasonable doubt, the person is a sexually violent predator. In 18
determining whether or not the person would be likely to engage in 19
predatory acts of sexual violence if not confined in a secure 20
facility, the fact finder may consider only placement conditions and 21
voluntary treatment options that would exist for the person if 22
unconditionally released from detention on the sexually violent 23
predator petition. The community protection program under RCW 24
71A.12.230 may not be considered as a placement condition or 25
treatment option available to the person if unconditionally released 26
from detention on a sexually violent predator petition. When the 27
determination is made by a jury, the verdict must be unanimous.28
If, on the date that the petition is filed, the person was living 29
in the community after release from custody, the state must also 30
prove beyond a reasonable doubt that the person had committed a 31
recent overt act. If the state alleges that the prior sexually 32
violent offense that forms the basis for the petition for commitment 33
was an act that was sexually motivated as provided in RCW 34
71.09.020(18)(c), the state must prove beyond a reasonable doubt that 35
the alleged sexually violent act was sexually motivated as defined in 36
RCW 9.94A.030. 37
If the court or jury determines that the person is a sexually 38
violent predator, the person shall be committed to the custody of the 39
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department of social and health services for placement in a secure 1
facility operated by the department of social and health services for 2
control, care, and treatment until such time as: (a) The person's 3
condition has so changed that the person no longer meets the 4
definition of a sexually violent predator; or (b) conditional release 5
to a less restrictive alternative as set forth in RCW 71.09.092 is in 6
the best interest of the person and conditions can be imposed that 7
would adequately protect the community. 8
If the court or unanimous jury decides that the state has not met 9
its burden of proving that the person is a sexually violent predator, 10
the court shall direct the person's release. 11
If the jury is unable to reach a unanimous verdict, the court 12
shall declare a mistrial and set a retrial within forty-five days of 13
the date of the mistrial unless the prosecuting agency earlier moves 14
to dismiss the petition. The retrial may be continued upon the 15
request of either party accompanied by a showing of good cause, or by 16
the court on its own motion in the due administration of justice 17
provided that the respondent will not be substantially prejudiced. In 18
no event may the person be released from confinement prior to retrial 19
or dismissal of the case. 20
(2) If the person charged with a sexually violent offense has 21
been found incompetent to stand trial, and is about to be or has been 22
released pursuant to RCW 10.77.086(7), and ((his or her )) the 23
person's commitment is sought pursuant to subsection (1) of this 24
section, the court shall first hear evidence and determine whether 25
the person did commit the act or acts charged if the court did not 26
enter a finding prior to dismissal under RCW 10.77.086(7) that the 27
person committed the act or acts charged. The hearing on this issue 28
must comply with all the procedures specified in this section. In 29
addition, the rules of evidence applicable in criminal cases shall 30
apply, and all constitutional rights available to defendants at 31
criminal trials, other than the right not to be tried while 32
incompetent, shall apply. After hearing evidence on this issue, the 33
court shall make specific findings on whether the person did commit 34
the act or acts charged, the extent to which the person's 35
incompetence or developmental disability affected the outcome of the 36
hearing, including its effect on the person's ability to consult with 37
and assist counsel and to testify on ((his or her )) the person's own 38
behalf, the extent to which the evidence could be reconstructed 39
without the assistance of the person, and the strength of the 40
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prosecution's case. If, after the conclusion of the hearing on this 1
issue, the court finds, beyond a reasonable doubt, that the person 2
did commit the act or acts charged, it shall enter a final order, 3
appealable by the person, on that issue, and may proceed to consider 4
whether the person should be committed pursuant to this section.5
(3) Except as otherwise provided in this chapter, the state shall 6
comply with RCW 10.77.220 while confining the person. During all 7
court proceedings where the person is present, the person shall be 8
detained in a secure facility. If the proceedings last more than one 9
day, the person may be held in the county jail for the duration of 10
the proceedings, except the person may be returned to the 11
department's custody on weekends and court holidays if the court 12
deems such a transfer feasible. The county shall be entitled to 13
reimbursement for the cost of housing and transporting the person 14
pursuant to rules adopted by the secretary. The department shall not 15
place the person, even temporarily, in a facility on the grounds of 16
any state mental facility or regional habilitation center because 17
these institutions are insufficiently secure for this population.18
(4) A court has jurisdiction to order a less restrictive 19
alternative placement only after a ((hearing)) trial ordered 20
((pursuant to RCW 71.09.090)) under section 8 of this act following 21
initial commitment under this section and in accord with the 22
provisions of this chapter. 23
Sec. 7. RCW 71.09.070 and 2019 c 232 s 25 are each amended to 24
read as follows: 25
(1) Each person committed under this chapter shall have a current 26
examination of ((his or her )) the person's mental condition made by 27
the department at least once every year. 28
(2) The evaluator must prepare a report that includes 29
consideration of whether: 30
(a) The committed person currently meets the definition of a 31
sexually violent predator; 32
(b) Conditional release to a less restrictive alternative is in 33
the best interest of the person; and 34
(c) Conditions can be imposed that would adequately protect the 35
community. 36
(3) The department, on request of the committed person, shall 37
allow a record of the annual review interview to be preserved by 38
audio recording and made available to the committed person.39
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(4) The evaluator must indicate in the report whether the 1
committed person participated in the interview and examination.2
(5) The department shall file the report with the court that 3
committed the person under this chapter. The report shall be in the 4
form of a declaration or certification in compliance with the 5
requirements of chapter 5.50 RCW and shall be prepared by a 6
professionally qualified person as defined by rules adopted by the 7
secretary. A copy of the report shall be served on the prosecuting 8
agency involved in the initial commitment and upon the committed 9
person and ((his or her)) the person's counsel. 10
(6)(a) The committed person may retain, or if he or she is 11
indigent and so requests, the court may appoint a qualified expert or 12
a professional person to examine ((him or her)) the committed person, 13
and such expert or professional person shall have access to all 14
records concerning the person. 15
(b) Any report prepared by the expert or professional person and 16
any expert testimony on the committed person's behalf is not 17
admissible in a proceeding pursuant to RCW 71.09.090, unless the 18
committed person participated in the most recent interview and 19
evaluation completed by the department. 20
(7) If an unconditional release trial is ordered pursuant to 21
section 8 of this act or RCW 71.09.090, this section is suspended 22
until the completion of that trial. If the individual is found either 23
by jury or the court to continue to meet the definition of a sexually 24
violent predator, the department must conduct an examination pursuant 25
to this section no later than one year after the date of the order 26
finding that the individual continues to be a sexually violent 27
predator. The examination must comply with the requirements of this 28
section. 29
(8) During any period of confinement pursuant to a criminal 30
conviction, or for any period of detention awaiting trial on criminal 31
charges, this section is suspended. Upon the return of the person 32
committed under this chapter to the custody of the department, the 33
department shall initiate an examination of the person's mental 34
condition. The examination must comply with the requirements of 35
subsection (1) of this section. 36
NEW SECTION. Sec. 8. A new section is added to chapter 71.09 37
RCW to read as follows: 38
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(1)(a) After receipt of the annual report prepared under RCW 1
71.09.070, if the secretary determines that the person's condition 2
has so changed that the person no longer meets the definition of a 3
sexually violent predator, the secretary shall authorize the person 4
to petition the court for unconditional discharge. The petition must 5
be filed with the court and served upon the prosecuting agency 6
responsible for the initial commitment. The court, upon receipt of 7
the petition for unconditional discharge, shall within 45 days hold a 8
trial scheduling conference regarding a trial on the issue of 9
unconditional discharge. The committed person's petition shall only 10
be considered by the court at the show cause hearing held pursuant to 11
RCW 71.09.090. 12
(b) After receipt of the annual report prepared pursuant to RCW 13
71.09.070, if the secretary determines that the person's condition 14
has so changed that conditional release to a less restrictive 15
alternative is in the best interest of the person and conditions can 16
be imposed that adequately protect the community, then the secretary 17
shall authorize the person to petition the court for conditional 18
release to a less restrictive alternative. The petition pursuant to 19
this section may not include a proposed less restrictive alternative 20
placement by the committed person, and shall only include the 21
secretary's authorization. The committed person's petition shall only 22
be considered by the court at the show cause hearing held pursuant to 23
RCW 71.09.090. Upon receipt of the petition, the court shall order 24
the department to identify a less restrictive alternative placement 25
that satisfies RCW 71.09.092 (1) through (4). Once identified, notice 26
of the placement shall be filed with the court and served upon the 27
prosecuting agency responsible for the initial commitment, any person 28
or persons identified in RCW 71.09.140(2)(a) who have opted to 29
receive notifications under this chapter, and the person and the 30
person's counsel. If the department cannot identify a placement 31
available to the person that satisfies RCW 71.09.092 (1) through (4) 32
within 90 days, the department shall provide a written certification 33
to the court, the prosecuting agency responsible for the initial 34
commitment, and the person and the person's counsel, detailing the 35
efforts of the department to identify a qualifying placement. Upon 36
the department's certification, the person may propose a placement 37
that satisfies RCW 71.09.092 (1) through (3). After a less 38
restrictive placement has been proposed by either the department or 39
the person, the court shall within 45 days order a hold a trial 40
p. 14 HB 1133
scheduling conference regarding a trial on the issue of whether the 1
person shall be conditionally released to the proposed less 2
restrictive alternative. 3
(2)(a) If the secretary does not authorize the person to 4
petition, the person may petition the court for conditional release 5
to a less restrictive alternative or unconditional discharge without 6
the secretary's approval pursuant to the procedures of RCW 71.09.090. 7
The secretary shall provide the committed person with an annual 8
written notice of the person's right to petition the court for 9
conditional release to a less restrictive alternative or 10
unconditional discharge over the secretary's objection. A committed 11
person is restricted from petitioning prior to the completion of the 12
annual report and may not petition more than once during the calendar 13
year. The committed person's petition shall only be considered by the 14
court at the show cause hearing pursuant to RCW 71.09.090. The notice 15
must contain a waiver of rights. The secretary shall file the notice 16
and waiver form and the annual report with the court. If the person 17
does not affirmatively waive the right to petition, the court shall 18
set a show cause hearing to determine whether probable cause exists 19
to warrant a trial on whether the person's condition has so changed 20
that: 21
(i) The person no longer meets the definition of a sexually 22
violent predator; or 23
(ii) Conditional release to a proposed less restrictive 24
alternative would be in the best interest of the person and 25
conditions can be imposed that would adequately protect the 26
community. 27
(b) The show cause hearing shall be conducted according to the 28
procedures set forth in RCW 71.09.090. 29
Sec. 9. RCW 71.09.090 and 2021 c 236 s 4 are each amended to 30
read as follows: 31
(((1)(a) If the secretary determines that the person's condition 32
has so changed that the person no longer meets the definition of a 33
sexually violent predator, the secretary shall authorize the person 34
to petition the court for unconditional discharge. The petition shall 35
be filed with the court and served upon the prosecuting agency 36
responsible for the initial commitment. The court, upon receipt of 37
the petition for unconditional discharge, shall within 45 days order 38
a hearing.39
p. 15 HB 1133
(b) If the secretary determines that the person's condition has 1
so changed that conditional release to a less restrictive alternative 2
is in the best interest of the person and conditions can be imposed 3
that adequately protect the community, then the secretary shall 4
authorize the person to petition the court for conditional release to 5
a less restrictive alternative. Upon receipt of the petition, the 6
court shall order the department to identify a less restrictive 7
alternative placement that satisfies RCW 71.09.092 (1) through (4). 8
Once identified, notice of the placement shall be filed with the 9
court and served upon: The prosecuting agency responsible for the 10
initial commitment; any person or persons identified in RCW 11
71.09.140(2)(a) who have opted to receive notifications under this 12
chapter; and the person and his or her counsel. If the department 13
cannot identify a placement available to the person that satisfies 14
RCW 71.09.092 (1) through (4) within 90 days, the department shall 15
provide a written certification to the court, the prosecuting agency 16
responsible for the initial commitment, and the person and his or her 17
counsel, detailing the efforts of the department to identify a 18
qualifying placement. Upon the department's certification, the person 19
may propose a placement that satisfies RCW 71.09.092 (1) through (3). 20
After a less restrictive placement has been proposed by either the 21
department or the person, the court shall within 45 days order a 22
hearing.23
(2)(a) Nothing contained in this chapter shall prohibit the 24
person from otherwise petitioning the court for conditional release 25
to a less restrictive alternative or unconditional discharge without 26
the secretary's approval. The secretary shall provide the committed 27
person with an annual written notice of the person's right to 28
petition the court for conditional release to a less restrictive 29
alternative or unconditional discharge over the secretary's 30
objection. The notice shall contain a waiver of rights. The secretary 31
shall file the notice and waiver form and the annual report with the 32
court. If the person does not affirmatively waive the right to 33
petition, the court shall set a show cause hearing to determine 34
whether probable cause exists to warrant a hearing on whether the 35
person's condition has so changed that: (i) He or she no longer meets 36
the definition of a sexually violent predator; or (ii) conditional 37
release to a proposed less restrictive alternative would be in the 38
best interest of the person and conditions can be imposed that would 39
adequately protect the community.40
p. 16 HB 1133
(b)(i))) (1) The court shall hold a show cause hearing pursuant 1
to this section, unless otherwise waived by the person or unless the 2
person is entitled to a trial on the issue of unconditional discharge 3
pursuant to section 8 (1) of this act. The show cause hearing must 4
proceed as set forth in subsections (2) through (8) of this section.5
(2) Whenever the department is ordered to identify a less 6
restrictive alternative placement under this chapter that satisfies 7
RCW 71.09.092 (1) through (4), the only proposed placement the court 8
may consider at the trial on the issue of conditional release is the 9
one identified and filed by the department.10
(3) The committed person shall have a right to have an attorney 11
represent him or her at the show cause hearing, which may be 12
conducted solely on the basis of affidavits or declarations, but the 13
person is not entitled to be present at the show cause hearing. The 14
state may rely exclusively upon the annual report prepared pursuant 15
to RCW 71.09.070. The committed person may present responsive 16
affidavits or declarations to which the state may reply. At the show 17
cause hearing, the prosecuting agency shall present prima facie 18
evidence establishing: (((A)))19
(a) That the committed person continues to meet the definition of 20
a sexually violent predator; and (((B) that))21
(b) That a less restrictive alternative is not in the best 22
interest of the person and conditions cannot be imposed that 23
adequately protect the community. 24
(((ii)(A) If the state produces prima facie evidence that the 25
committed person continues to be a sexually violent predator, then 26
the state's burden under (b)(i)(A) of this subsection is met and an 27
unconditional release trial may not be ordered unless the committed 28
person produces evidence satisfying: Subsection (4)(a) of this 29
section; and subsection (4)(b) (i) or (ii) of this section.30
(B) If the state produces prima facie evidence that a less 31
restrictive alternative is not appropriate for the committed person, 32
then the state's burden under (b)(i)(B) of this subsection is met, 33
and a conditional release trial may not be ordered unless the 34
committed person:35
(I) Produces evidence satisfying: Subsection (4)(a) of this 36
section; and subsection (4)(b) (i) or (ii) of this section; and37
(II) Presents the court with a specific placement satisfying the 38
requirements of RCW 71.09.092.39
p. 17 HB 1133
(iii) In making the showing required under (b)(i) of this 1
subsection, the state may rely exclusively upon the annual report 2
prepared pursuant to RCW 71.09.070. The committed person may present 3
responsive affidavits or declarations to which the state may reply.4
(c)(i) If the court at the show cause hearing determines that 5
either: (A) The state has failed to present prima facie evidence that 6
the committed person continues to meet the definition of a sexually 7
violent predator; or (B) probable cause exists to believe that the 8
person's condition has so changed that the person no longer meets the 9
definition of a sexually violent predator, then the court shall set a 10
hearing on the issue of unconditional discharge.11
(ii) If the court at the show cause hearing determines that the 12
state has failed to present prima facie evidence that no proposed 13
less restrictive alternative is in the best interest of the person 14
and conditions cannot be imposed that would adequately protect the 15
community, the court shall enter an order directing the department to 16
propose a less restrictive alternative that satisfies RCW 71.09.092 17
(1) through (4). If the department cannot identify a placement 18
available to the person that satisfies RCW 71.09.092 (1) through (4) 19
within 90 days, the department shall provide a written certification 20
to the court, the prosecuting agency responsible for the initial 21
commitment, and the person and his or her counsel, detailing the 22
efforts of the department to identify a qualifying placement. Upon 23
the department's certification, the person may propose a placement 24
that satisfies RCW 71.09.092 (1) through (3). After a less 25
restrictive placement has been proposed by either the department or 26
the person, the court shall set a hearing on the issue of conditional 27
release.28
(iii) If the court at the show cause hearing determines, based on 29
the evidence submitted by the person, that probable cause exists to 30
believe)) (4)(a) If the court at the show cause hearing determines 31
that the state has produced prima facie evidence that the committed 32
person continues to be a sexually violent predator, then the state's 33
burden is met and an unconditional release trial may not be ordered 34
unless the committed person produces evidence that probable cause 35
exists to believe that the person's condition has so changed that the 36
person no longer meets the definition of a sexually violent predator.37
(b) If the court determines that the state has failed to present 38
prima facie evidence that the committed person continues to meet the 39
definition of a sexually violent predator or find that probable cause 40
p. 18 HB 1133
exists to believe that the person's condition has so changed that the 1
person no longer meets the definition of a sexually violent predator, 2
the court shall set a trial on the issue of unconditional discharge.3
(5)(a) If the state produces prima facie evidence that a less 4
restrictive alternative is not appropriate for the committed person, 5
then the state's burden is met and a conditional release trial may 6
not be ordered unless the committed person produces evidence that 7
probable cause exists that the person's condition has so changed that 8
release to a less restrictive alternative would be in the best 9
interest of the person and conditions can be imposed that would 10
adequately protect the community.11
(b) If the court at the show cause hearing determines that the 12
state has failed to present prima facie that no proposed less 13
restrictive alternative is in the best interest of the person and 14
conditions cannot be imposed that would adequately protect the 15
community, the court shall enter an order directing the department to 16
propose a less restrictive alternative that satisfies RCW 71.09.092 17
(1) through (4). If the department cannot identify a placement 18
available to the person that satisfies RCW 71.09.092 (1) through (4) 19
within 90 days, the department shall provide a written certification 20
to the court, the prosecuting agency responsible for the initial 21
commitment, and the person and the person's counsel, detailing the 22
efforts of the department to identify a qualifying placement. Upon 23
the department's certification, the person may propose a placement 24
that satisfies RCW 71.09.092 (1) through (3). After a less 25
restrictive placement has been proposed by either the department or 26
the person, the court shall set a trial on the issue of conditional 27
release.28
(c) Should the court determine that probable cause exists that 29
the person's condition has so changed that release to a less 30
restrictive alternative would be in the best interest of the person 31
and conditions can be imposed that would adequately protect the 32
community, the court shall set a ((hearing)) trial on the issue of 33
conditional release if the person presents the court with a specific 34
placement that satisfies the requirements of RCW 71.09.092 (1) 35
through (3). 36
(d) If the court has not previously considered the issue of 37
release to a less restrictive alternative, either through a trial on 38
the merits or through the procedures set forth in RCW 71.09.094(1), 39
or if an immediately preceding less restrictive alternative was 40
p. 19 HB 1133
revoked due to the loss of adequate housing or treatment for reasons 1
other than noncompliance with housing requirements, treatment, or 2
other conditions of the less restrictive alternative, the court shall 3
consider whether release to a less restrictive alternative would be 4
in the best interests of the person and conditions can be imposed 5
that would adequately protect the community, without considering 6
whether the person's condition has changed. 7
(((3)(a) At the hearing resulting from subsection (1) or (2) of 8
this section, the committed person shall be entitled to be present 9
and to the benefit of all constitutional protections that were 10
afforded to the person at the initial commitment proceeding. The 11
prosecuting agency shall represent the state and shall have a right 12
to a jury trial and to have the committed person evaluated by experts 13
chosen by the state. The prosecuting agency shall have a right to a 14
current evaluation of the person by experts chosen by the state. The 15
judge may require the person to complete any or all of the following 16
procedures or tests if requested by the evaluator: (i) A clinical 17
interview; (ii) psychological testing; (iii) plethysmograph testing; 18
and (iv) polygraph testing. The judge may order the person to 19
complete any other procedures and tests relevant to the evaluation. 20
The state is responsible for the costs of the evaluation. The 21
committed person shall also have the right to a jury trial and the 22
right to have experts evaluate him or her on his or her behalf and 23
the court shall appoint an expert if the person is indigent and 24
requests an appointment.25
(b) Whenever any indigent person is subjected to an evaluation 26
under (a) of this subsection, the office of public defense is 27
responsible for the cost of one expert or professional person 28
conducting an evaluation on the person's behalf. When the person 29
wishes to be evaluated by a qualified expert or professional person 30
of his or her own choice, such expert or professional person must be 31
permitted to have reasonable access to the person for the purpose of 32
such evaluation, as well as to all relevant medical and psychological 33
records and reports. In the case of a person who is indigent, the 34
court shall, upon the person's request, assist the person in 35
obtaining an expert or professional person to perform an evaluation 36
or participate in the hearing on the person's behalf. Nothing in this 37
chapter precludes the person from paying for additional expert 38
services at his or her own expense.39
p. 20 HB 1133
(c) If the issue at the hearing is whether the person should be 1
unconditionally discharged, the burden of proof shall be upon the 2
state to prove beyond a reasonable doubt that the committed person's 3
condition remains such that the person continues to meet the 4
definition of a sexually violent predator. Evidence of the prior 5
commitment trial and disposition is admissible. The recommitment 6
proceeding shall otherwise proceed as set forth in RCW 71.09.050 and 7
71.09.060.8
(d) If the issue at the hearing is whether the person should be 9
conditionally released to a less restrictive alternative, the burden 10
of proof at the hearing shall be upon the state to prove beyond a 11
reasonable doubt that conditional release to any proposed less 12
restrictive alternative either: (i) Is not in the best interest of 13
the committed person; or (ii) does not include conditions that would 14
adequately protect the community. Evidence of the prior commitment 15
trial and disposition is admissible.16
(4)(a))) (6)(a) Probable cause exists to believe that a person's 17
condition has "so changed," under ((subsection (2))) subsections (4) 18
and (5) of this section, only when evidence exists, since the 19
person's last commitment trial, or less restrictive alternative 20
revocation proceeding, of a substantial change in the person's 21
physical or mental condition such that the person either no longer 22
meets the definition of a sexually violent predator or that a 23
conditional release to a less restrictive alternative is in the 24
person's best interest and conditions can be imposed to adequately 25
protect the community. 26
(b) A new trial proceeding under ((subsection (3))) subsections 27
(4) and (5) of this section may be ordered, or a trial proceeding may 28
be held, only when there is current evidence from a licensed 29
professional of one of the following and the evidence presents a 30
change in condition since the person's last commitment trial 31
proceeding: 32
(i) An identified physiological change to the person, such as 33
paralysis, stroke, or dementia, that renders the committed person 34
unable to commit a sexually violent act and this change is permanent; 35
or 36
(ii) A change in the person's mental condition brought about 37
through positive response to continuing participation in treatment 38
which indicates that the person meets the standard for conditional 39
p. 21 HB 1133
release to a less restrictive alternative or that the person would be 1
safe to be at large if unconditionally released from commitment.2
(c) For purposes of this section, a change in a single 3
demographic factor, without more, does not establish probable cause 4
for a new trial proceeding under ((subsection (3))) subsections (4) 5
and (5) of this section. As used in this section, a single 6
demographic factor includes, but is not limited to, a change in the 7
chronological age, marital status, or gender of the committed person.8
(((5))) (7) When the court enters an order for unconditional 9
discharge of a person from an immediately preceding less restrictive 10
placement, the court must direct the clerk to transmit a copy of the 11
order to the department of corrections for discharge process and 12
termination of cause. 13
(((6))) (8) The jurisdiction of the court over a person civilly 14
committed pursuant to this chapter continues until such time as the 15
person is unconditionally discharged. 16
(((7))) (9) During any period of confinement pursuant to a 17
criminal conviction, or for any period of detention awaiting trial on 18
criminal charges, this section is suspended. 19
NEW SECTION. Sec. 10. A new section is added to chapter 71.09 20
RCW to read as follows: 21
(1) At the trial resulting from RCW 71.09.090 (4) or (5), the 22
committed person shall be entitled to be present and to the benefit 23
of all constitutional protections that were afforded to the person at 24
the initial commitment proceeding. The prosecuting agency shall 25
represent the state and shall have a right to a jury trial and to 26
have the committed person evaluated by experts chosen by the state. 27
The prosecuting agency shall have a right to a current evaluation of 28
the person by experts chosen by the state. The judge may require the 29
person to complete any of the following procedures or tests if 30
requested by the evaluator: (a) A clinical interview; (b) 31
psychological testing; (c) plethysmograph testing; and (d) polygraph 32
testing. The judge may order the person to complete any other 33
procedures and tests relevant to the evaluation. The state is 34
responsible for the costs of the evaluation. The committed person 35
shall also have the right to a jury trial and the right to have 36
experts evaluate the person on their behalf and the court shall 37
appoint an expert if the person is indigent and requests an 38
appointment. 39
p. 22 HB 1133
(2) Whenever any indigent person is subjected to an evaluation 1
under subsection (1) of this section, the office of public defense is 2
responsible for the cost of one expert or professional person 3
conducting an evaluation on the person's behalf. When the person 4
wishes to be evaluated by a qualified expert or professional person 5
of their own choice, such expert or professional person must be 6
permitted to have reasonable access to the person for the purpose of 7
such evaluation, as well as to all relevant medical and psychological 8
records and reports. In the case of a person who is indigent, the 9
court shall, upon the person's request, assist the person in 10
obtaining an expert or professional person to perform an evaluation 11
or participate in the trial on the person's behalf. Nothing in this 12
chapter precludes the person from paying for additional expert 13
services at the person's own expense. 14
(3) If the issue at the trial is whether the person should be 15
unconditionally discharged, the burden of proof shall be upon the 16
state to prove beyond a reasonable doubt that the committed person's 17
condition remains such that the person continues to meet the 18
definition of a sexually violent predator. Evidence of the prior 19
commitment trial and disposition is admissible. The recommitment 20
proceeding shall otherwise proceed as set forth in RCW 71.09.050 and 21
71.09.060. 22
(4) If the issue at the trial is whether the person should be 23
conditionally released to a less restrictive alternative, the burden 24
of proof at the trial shall be upon the state to prove beyond a 25
reasonable doubt that conditional release to the proposed less 26
restrictive alternative either: (a) Is not in the best interest of 27
the committed person; or (b) does not include conditions that would 28
adequately protect the community. Evidence of the prior commitment 29
trial and disposition is admissible. 30
(5) When the court enters an order for unconditional discharge of 31
a person from an immediately preceding less restrictive placement, 32
the court shall direct the clerk to transmit a copy of the order to 33
the department of corrections for discharge process and termination 34
of cause. 35
Sec. 11. RCW 71.09.094 and 2001 c 286 s 11 are each amended to 36
read as follows: 37
(1) Upon the conclusion of the evidence in a ((hearing)) trial 38
held pursuant to ((RCW 71.09.090)) section 10 of this act or through 39
p. 23 HB 1133
summary judgment proceedings prior to such a ((hearing)) trial, if 1
the court finds that there is no legally sufficient evidentiary basis 2
for a reasonable jury to find that the conditions set forth in RCW 3
71.09.092 have been met, the court shall grant a motion by the state 4
for a judgment as a matter of law on the issue of conditional release 5
to a less restrictive alternative. 6
(2) Whenever the issue of conditional release to a less 7
restrictive alternative is submitted to the jury, the court shall 8
instruct the jury to return a verdict in substantially the following 9
form: Has the state proved beyond a reasonable doubt that either: (a) 10
The proposed less restrictive alternative is not in the best 11
interests of respondent; or (b) does not include conditions that 12
would adequately protect the community? Answer: Yes or No.13
Sec. 12. RCW 71.09.096 and 2021 c 236 s 6 are each amended to 14
read as follows: 15
(1) If the court or jury determines that ((conditional release to 16
a less restrictive alternative is in the best interest of the person 17
and includes conditions that would adequately protect the 18
community,)) the state did not meet its burden at the trial held 19
pursuant to section 10 (4) of this act and the court determines that 20
the minimum conditions set forth in RCW 71.09.092 ((and in this 21
section)) are met, the court shall enter judgment ((and direct a 22
conditional release)) on the less restrictive alternative at issue at 23
the trial. The court shall also enter judgment on a less restrictive 24
alternative where prior to the trial held pursuant to section 10 (4) 25
of this act the state concedes that it cannot meet its burden under 26
RCW 71.09.094(2) and that the minimum conditions set forth in RCW 27
71.09.092 are met. Before directing conditional release, the court 28
shall determine whether conditions exist that will both ensure the 29
person's compliance with treatment and protect the community pursuant 30
to subsection (4) of this section and whether the requirements of 31
this section are met. 32
(2) ((The court shall impose any additional conditions necessary 33
to ensure compliance with treatment and to protect the community. )) 34
If the court finds after considering what conditions to impose 35
pursuant to subsection (4) of this section that conditions do not 36
exist that will both ensure the person's compliance with treatment 37
and protect the community, then the person shall be remanded to the 38
custody of the department of social and health services for control, 39
p. 24 HB 1133
care, and treatment in a secure facility as designated in RCW 1
71.09.060(1). The court must make specific findings as to why 2
conditions do not exist that will both ensure the person's compliance 3
with treatment and protect the community.4
(3) If the service provider designated by the court to provide 5
inpatient or outpatient treatment or to monitor or supervise any 6
other terms and conditions of a person's placement in a less 7
restrictive alternative is other than the department of social and 8
health services or the department of corrections, then the service 9
provider so designated must agree in writing to provide such 10
treatment, monitoring, or supervision in accord with this section. 11
Any person providing or agreeing to provide treatment, monitoring, or 12
supervision services pursuant to this chapter may be compelled to 13
testify and any privilege with regard to such person's testimony is 14
deemed waived. 15
(4)(a) ((Prior to authorizing any release to a less restrictive 16
alternative, the court shall impose such conditions upon the person 17
as are necessary to ensure the safety of the community. In imposing 18
conditions, the court must impose a restriction on the proximity of 19
the person's residence to public or private schools providing 20
instruction to kindergarten or any grades one through 12 in 21
accordance with RCW 72.09.340. Courts shall require a minimum 22
distance restriction of 500 feet on the proximity of the person's 23
residence to child care facilities and public or private schools 24
providing instruction to kindergarten or any grades one through 12. 25
The)) Upon entering judgment pursuant to subsection (1) of this 26
section or upon the parties' agreement, the court shall order the 27
department of corrections to investigate the less restrictive 28
alternative and, within 60 days of the order to investigate being 29
served on the department of corrections , recommend ((any additional)) 30
conditions to the court. ((These conditions shall be individualized 31
to address the person's specific risk factors and criminogenic needs 32
and may include, but are not limited to[,] the following: 33
Specification of residence or restrictions on residence including 34
distance restrictions, specification of contact with a reasonable 35
number of individuals upon the person's request who are verified by 36
the department of corrections to be appropriate social contacts, 37
prohibition of contact with potential or past victims, prohibition of 38
alcohol and other drug use, participation in a specific course of 39
inpatient or outpatient treatment that may include monitoring by the 40
p. 25 HB 1133
use of polygraph and plethysmograph, monitoring through the use of 1
global positioning system technology, supervision by a department of 2
corrections community corrections officer, a requirement that the 3
person remain within the state unless the person receives prior 4
authorization by the court, and any other conditions that the court 5
determines are in the best interest of the person or others. A copy 6
of the conditions of release shall be given to the person and to any 7
designated service providers.))8
(b) After receiving the department of corrections' report and 9
recommendations, and prior to authorizing any release to a less 10
restrictive alternative, the court shall impose such conditions upon 11
the person as are necessary to ensure the safety of the community and 12
ensure the person's compliance with treatment.13
(i) In imposing conditions, the court must impose a restriction 14
on the proximity of the person's residence to child care centers and 15
to public or private schools providing instruction to kindergarten or 16
any grades one through 12 in accordance with RCW 72.09.340. Courts 17
shall require a minimum distance restriction of 500 feet on the 18
proximity of the person's residence to child care centers and public 19
or private schools providing instruction to kindergarten or any 20
grades one through 12.21
(ii) Conditions upon the person must also include, but are not 22
limited to, the following: Prohibition of contact with potential or 23
past victims without authorization; prohibition of alcohol and other 24
drug use; participation in a specific course of inpatient or 25
outpatient treatment that may include monitoring by the use of 26
polygraph and plethysmograph; monitoring through the use of global 27
positioning system technology; supervision by a department of 28
corrections community corrections officer; and a requirement that the 29
person remain within the state unless the person receives prior 30
authorization by the court.31
(iii) As part of its conditions, the court may consider 32
specification of contact with a reasonable number of individuals upon 33
the person's request who are verified by the department of 34
corrections to be appropriate social contacts.35
(iv) A copy of the conditions of release shall be given to the 36
person and to any designated service providers.37
(c) To the greatest extent possible, the person, person's 38
counsel, prosecuting agency responsible for the initial commitment, 39
treatment provider, supervising community corrections officer, and 40
p. 26 HB 1133
appropriate clinical staff of the special commitment center shall 1
meet and collaborate to craft individualized, narrowly tailored, and 2
empirically based conditions to present to the court to help 3
facilitate the person's successful transition to the community.4
(5)(a) Prior to authorizing release to a less restrictive 5
alternative proposed by the department, the court shall consider 6
whether the person's less restrictive alternative placement is in 7
accordance with fair share principles. To ensure equitable 8
distribution of releases, and prevent the disproportionate grouping 9
of persons subject to less restrictive orders in any one county, or 10
in any one jurisdiction or community within a county, the legislature 11
finds it is appropriate for releases to a less restrictive 12
alternative to occur in a manner that adheres to fair share 13
principles. The legislature recognizes that there may be reasons why 14
the department may not recommend that a person be released to ((his 15
or her)) the person's county of commitment, including availability of 16
individualized resources, the person's support needs, or when the 17
court determines that the person's return to ((his or her )) the 18
person's county of commitment would be inappropriate considering any 19
court-issued protection orders, victim safety concerns that cannot be 20
addressed through use of global positioning system technology, the 21
unavailability of appropriate treatment or facilities that would 22
adequately protect the community, negative influences on the person, 23
and the location of family or other persons or organizations offering 24
support to the person. If the court authorizes conditional release 25
based on the department's proposal to a county other than the county 26
of commitment, the court shall enter specific findings regarding its 27
decision and identify whether the release remains in line with fair 28
share principles. A party's objection to the department's plan on 29
this basis must be made within 30 days of receiving the plan unless 30
the deficiency was not reasonably discoverable at that time.31
(b)(i) When the department develops a less restrictive 32
alternative placement under this section, it shall attempt to 33
identify a placement satisfying the requirements of RCW 71.09.092 34
that is aligned with fair share principles. The department shall 35
document its rationale for the recommended placement.36
(ii) If the department does not support or recommend conditional 37
release to a less restrictive alternative due to a clinical 38
determination, the department shall document its objection and 39
certify that the department is developing the less restrictive 40
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alternative pursuant to a court order and not because of a clinical 1
determination. 2
(iii) When the department develops or proposes a less restrictive 3
alternative placement under this chapter, it shall be considered a 4
predisposition recommendation. 5
(iv) In developing, modifying, and enforcing less restrictive 6
alternatives, the department shall be deemed to be performing a 7
quasi-judicial function. 8
(c) If the committed person is not conditionally released to 9
((his or her )) the person's county of commitment, the department 10
shall provide the law and justice council of the county in which the 11
person is conditionally released with notice and a written 12
explanation, including whether the department remains in compliance 13
with fair share principles regarding releases under this chapter.14
(d) For purposes of this section, the person's county of 15
commitment means the county of the court which ordered the person's 16
commitment. 17
(e) This subsection (5) does not apply to releases to a secure 18
community transition facility under RCW 71.09.250.19
(6)(a) When ordered by the court, the department must provide 20
less restrictive alternative treatment that includes, at a minimum:21
(i) The services identified in the person's discharge plan as 22
outlined in RCW 71.09.080(4); 23
(ii) The assignment of a community care coordinator;24
(iii) Regular contacts with providers of court-ordered treatment 25
services; 26
(iv) Community escorts, if needed; 27
(v) A transition plan that addresses the person's access to 28
continued services upon unconditional discharge; 29
(vi) Financial support for necessary housing; 30
(vii) Life skills training and disability accommodations, if 31
needed; and 32
(viii) Assistance in pursuing benefits, education, and 33
employment. 34
(b) At the time the department of corrections is ordered to 35
investigate a proposed less restrictive alternative placement, 36
subject to the availability of amounts appropriated for this specific 37
purpose, the department shall assign a social worker to assist the 38
person with discharge planning, pursuing benefits, and coordination 39
of care prior to release. 40
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(i) The social worker shall assist the person with completing 1
applications for benefits prior to the person's release from total 2
confinement. 3
(ii) To promote continuity of care and the individual's success 4
in the community, the department social worker shall be responsible 5
for initiating a clinical transition of care between the last 6
treating clinician at the special commitment center and the person's 7
designated community treatment provider. This transition between one 8
clinical setting to another shall occur no later than 15 days before 9
an individual's release from the special commitment center.10
(iii) If applicable, the social worker shall assist the person 11
with locating any needed disability accommodations in the community 12
and with obtaining resources to help address the person's identified 13
life skills needs prior to release from total confinement.14
(7) Any service provider designated to provide inpatient or 15
outpatient treatment shall monthly, or as otherwise directed by the 16
court, submit to the court, to the department of social and health 17
services facility from which the person was released, to the 18
prosecuting agency, and to the supervising community corrections 19
officer, a report stating whether the person is complying with the 20
terms and conditions of the conditional release to a less restrictive 21
alternative. 22
(8) Each person released to a less restrictive alternative shall 23
have ((his or her )) the person's case reviewed by the court that 24
released ((him or her )) the person no later than one year after such 25
release and annually thereafter until the person is unconditionally 26
discharged. Review may occur in a shorter time or more frequently, if 27
the court, in its discretion on its own motion, or on motion of the 28
person, the secretary, or the prosecuting agency so determines. The 29
questions to be determined by the court are whether the person shall 30
continue to be conditionally released to a less restrictive 31
alternative, and if so, whether a modification to the person's less 32
restrictive alternative order is appropriate to ensure the 33
conditional release remains in the best interest of the person and 34
adequate to protect the victim and the community. The court in making 35
its determination shall be aided by the periodic reports filed 36
pursuant to subsection (7) of this section and the opinions of the 37
secretary and other experts or professional persons. This section may 38
not be used as a substitute for a proceeding initiated under RCW 39
71.09.098, nor may it be used to substitute a different sex offender 40
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treatment provider or housing other than the ones that were the 1
subject of a judgment under subsection (1) of this section.2
Sec. 13. RCW 71.09.250 and 2021 c 236 s 9 are each amended to 3
read as follows: 4
(1)(a) The secretary is authorized to site, construct, occupy, 5
and operate (i) a secure community transition facility on McNeil 6
Island for persons authorized to petition for a less restrictive 7
alternative under ((RCW 71.09.090(1))) section 8 of this act and who 8
are conditionally released; and (ii) a special commitment center on 9
McNeil Island with up to four hundred four beds as a total 10
confinement facility under this chapter, subject to appropriated 11
funding for those purposes. The secure community transition facility 12
shall be authorized for the number of beds needed to ensure 13
compliance with the orders of the superior courts under this chapter 14
and the federal district court for the western district of 15
Washington. The total number of beds in the secure community 16
transition facility shall be limited to 24, consisting of up to 15 17
transitional beds and up to nine pretransitional beds. The residents 18
occupying the transitional beds shall be the only residents eligible 19
for transitional services occurring in Pierce county. In no event 20
shall more than 15 residents of the secure community transition 21
facility be participating in off-island transitional, educational, or 22
employment activity at the same time in Pierce county. The department 23
shall provide the Pierce county sheriff, or ((his or her )) the 24
sheriff's designee, with a list of the 15 residents so designated, 25
along with their photographs and physical descriptions, and the list 26
shall be immediately updated whenever a residential change occurs. 27
The Pierce county sheriff, or ((his or her )) the sheriff's designee, 28
shall be provided an opportunity to confirm the residential status of 29
each resident leaving McNeil Island. 30
(b) For purposes of this subsection, "transitional beds" means 31
beds only for residents who are judged by a qualified expert to be 32
suitable to leave the island for treatment, education, and 33
employment. 34
(2)(a) The secretary is authorized to site, either within the 35
secure community transition facility established pursuant to 36
subsection (1)(a)(i) of this section, or within the special 37
commitment center, up to nine pretransitional beds.38
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(b) Residents assigned to pretransitional beds shall not be 1
permitted to leave McNeil Island for education, employment, 2
treatment, or community activities in Pierce county.3
(c) For purposes of this subsection, "pretransitional beds" means 4
beds for residents whose progress toward a less secure residential 5
environment and transition into more complete community involvement 6
is projected to take substantially longer than a typical resident of 7
the special commitment center. 8
(3) Notwithstanding RCW 36.70A.103 or any other law, this statute 9
preempts and supersedes local plans, development regulations, 10
permitting requirements, inspection requirements, and all other laws 11
as necessary to enable the secretary to site, construct, occupy, and 12
operate a secure community transition facility on McNeil Island and a 13
total confinement facility on McNeil Island. 14
(4) To the greatest extent possible, until June 30, 2003, persons 15
who were not civilly committed from the county in which the secure 16
community transition facility established pursuant to subsection (1) 17
of this section is located may not be conditionally released to a 18
setting in that same county less restrictive than that facility.19
(5) As of June 26, 2001, the state shall immediately cease any 20
efforts in effect on such date to site secure community transition 21
facilities, other than the facility authorized by subsection (1) of 22
this section, and shall instead site such facilities in accordance 23
with the provisions of this section. 24
(6) The department must: 25
(a) Identify the minimum and maximum number of secure community 26
transition facility beds in addition to the facility established 27
under subsection (1) of this section that may be necessary for the 28
period of May 2004 through May 2007 and provide notice of these 29
numbers to all counties by August 31, 2001; and 30
(b) Develop and publish policy guidelines for the siting and 31
operation of secure community transition facilities.32
(7)(a) The total number of secure community transition facility 33
beds that may be required to be sited in a county between June 26, 34
2001, and June 30, 2008, may be no greater than the total number of 35
persons civilly committed from that county, or detained at the 36
special commitment center under a pending civil commitment petition 37
from that county where a finding of probable cause had been made on 38
April 1, 2001. The total number of secure community transition 39
facility beds required to be sited in each county between July 1, 40
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2008, and June 30, 2015, may be no greater than the total number of 1
persons civilly committed from that county or detained at the special 2
commitment center under a pending civil commitment petition from that 3
county where a finding of probable cause had been made as of July 1, 4
2008. 5
(b) Counties and cities that provide secure community transition 6
facility beds above the maximum number that they could be required to 7
site under this subsection are eligible for a bonus grant under the 8
incentive provisions in RCW 71.09.255. The county where the special 9
commitment center is located shall receive this bonus grant for the 10
number of beds in the facility established in subsection (1) of this 11
section in excess of the maximum number established by this 12
subsection. 13
(c) No secure community transition facilities in addition to the 14
one established in subsection (1) of this section may be required to 15
be sited in the county where the special commitment center is located 16
until after June 30, 2008, provided however, that the county and its 17
cities may elect to site additional secure community transition 18
facilities and shall be eligible under the incentive provisions of 19
RCW 71.09.255 for any additional facilities meeting the requirements 20
of that section. 21
(8) After the department demonstrates the need for additional bed 22
capacity to the appropriate committees of the legislature, and 23
receives approval and funding from the appropriate committees of the 24
legislature to build additional bed capacity, the state is authorized 25
to site and operate secure community transition facilities and other 26
conditional release and transitional facilities in any county in the 27
state in accordance with RCW 71.09.315. In identifying potential 28
counties and sites within a county for the location of a secure 29
community transition facility or other conditional release and 30
transitional facilities, the department shall work with and assist 31
local governments to provide for the equitable distribution of such 32
facilities. In coordinating and deciding upon the siting of secure 33
community transition facilities or other conditional release and 34
transitional facilities within a county, great weight shall be given 35
by the county and cities within the county to: 36
(a) The number and location of existing residential facility beds 37
operated by the department of corrections or the mental health 38
division of the department of social and health services in each 39
jurisdiction in the county; and 40
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(b) The number of registered sex offenders classified as level II 1
or level III and the number of sex offenders registered as homeless 2
residing in each jurisdiction in the county. 3
(9)(a) "Equitable distribution" means siting or locating secure 4
community transition facilities and other conditional release and 5
transitional facilities in a manner that will not cause a 6
disproportionate grouping of similar facilities either in any one 7
county, or in any one jurisdiction or community within a county, as 8
relevant; and 9
(b) "Jurisdiction" means a city, town, or geographic area of a 10
county in which distinct political or judicial authority may be 11
exercised. 12
Sec. 14. RCW 71.09.280 and 2001 2nd sp.s. c 12 s 212 are each 13
amended to read as follows: 14
When considering whether a person civilly committed under this 15
chapter and conditionally released to a secure community transition 16
facility is appropriate for release to a placement that is less 17
restrictive than that facility, the court shall comply with the 18
procedures set forth in RCW 71.09.090 through 71.09.096 and sections 19
8 and 10 of this act . In addition, the court shall consider whether 20
the person has progressed in treatment to the point that a 21
significant change in the person's routine, including but not limited 22
to a change of employment, education, residence, or sex offender 23
treatment provider will not cause the person to regress to the point 24
that the person presents a greater risk to the community than can 25
reasonably be addressed in the proposed placement.26
Sec. 15. RCW 9.94A.717 and 2020 c 275 s 2 are each amended to 27
read as follows: 28
(1) If an offender sentenced under this chapter or chapter 9.94B 29
RCW is supervised by the department, the offender may earn 30
supervision compliance credit in accordance with procedures that are 31
developed and adopted by the department. 32
(a) The supervision compliance credit shall be awarded to 33
offenders who are in compliance with supervision terms and are making 34
progress towards the goals of their individualized supervision case 35
plan, including: Participation in specific targeted interventions, 36
risk-related programming, or treatment; or completing steps towards 37
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specific targeted goals that enhance protective factors and 1
stability, as determined by the department. 2
(b) For each month in compliance with community custody 3
conditions in accordance with (a) of this subsection, an offender may 4
earn supervision compliance credit of ten days. 5
(c) Supervision compliance credit is accrued monthly and time 6
shall not be applied to an offender's term of supervision prior to 7
the earning of the time. 8
(2) An offender is not eligible to earn supervision compliance 9
credit if he or she: 10
(a) Was sentenced under RCW 9.94A.507 or 10.95.030;11
(b) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 12
9.94A.670; 13
(c) Is subject to supervision pursuant to RCW 9.94A.745;14
(d) Has an indeterminate sentence and is subject to parole 15
pursuant to RCW 9.95.017; or 16
(e) Is serving community custody pursuant to early release under 17
RCW 9.94A.730. 18
(3) An offender is not eligible to earn supervision compliance 19
credit on any cause being served concurrently with a less restrictive 20
alternative subject to supervision pursuant to RCW 71.09.092.21
NEW SECTION. Sec. 16. If any provision of this act or its 22
application to any person or circumstance is held invalid, the 23
remainder of the act or the application of the provision to other 24
persons or circumstances is not affected.25
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