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HB1390 • 2026
Repealing the community protection program.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
Community protection program
These notes stay tied to the official amendment files and metadata from the legislature.
0 • Human Services
Plain English: 1390-S AMS HS S2629.1 SHB 1390 - S COMM AMD By Committee on Human Services NOT CONSIDERED 04/27/2025 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
0 • Human Services
Plain English: 1390-S AMS HS S5581.1 SHB 1390 - S COMM AMD By Committee on Human Services ADOPTED 03/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
42 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1390-S AMH COUT WICM 673 1 - Official Print EFFECT: Requires the Department of Social and Health Services (DSHS) to develop and maintain an internal system that will identify individuals who were participating in the Community Protection Program (CPP) and transitioned into other services or programs so that employees of the DSHS and contractors with DSHS are aware that the person was receiving services from the CPP in order to protect individuals who will be working with former participants in the CPP and the community.
47 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1390-S AMH COUT WICM 674 1 - Official Print EFFECT: Requires individuals who were participating in the community protection program to agree to remain at least 500 feet from child care facilities and K-12 public or private schools before the Department of Social and Health Services (DSHS) provides other home and community based waiver services to that individual.
48 • Couture
Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1390-S AMH COUT WICM 675 1 - Official Print EFFECT: Removes the underlying bill's repeal of the community protection program and requires that the Department of Social and Health Services (DSHS) monitor people who are placed in a less restrictive community setting after receiving community protection program services to ensure that the person does not present a risk to the community for one year.
868 • Wagoner
Plain English: 1390-S AMS WAGO S5733.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 868 By Senator Wagoner NOT ADOPTED 03/04/2026 Beginning on page 1, line 8, strike all of sections 2 through 6 1 and insert the following: 2 "NEW SECTION.
870 • Fortunato
Plain English: 1390-S AMS FORT S5734.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 870 By Senator Fortunato NOT ADOPTED 03/04/2026 On page 4, after line 28, insert the following:1 "Sec.
873 • Boehnke
Plain English: 1390-S AMS BOEH S5957.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 873 By Senator Boehnke NOT ADOPTED 03/04/2026 On page 1, after line 12, insert the following:1 "NEW SECTION.
874 • Christian
Plain English: 1390-S AMS CHRI S5958.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 874 By Senator Christian NOT ADOPTED 03/04/2026 On page 1, after line 12, insert the following:1 "NEW SECTION.
875 • Boehnke
Plain English: 1390-S AMS BOEH S5959.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 875 By Senator Boehnke NOT ADOPTED 03/04/2026 On page 1, line 12, after " (2)" insert "Any plan developed and 1 implemented under this section must include, at a minimum, safeguards 2 for other individuals with an intellectual or developmental 3 disability that may be placed with a person formerly in the community 4 protection program; contractors and staff working with a person 5 formerly in the community protection program; and members of the 6 community in which a person formerly in the community protection 7 program will be placed.
876 • Torres
Plain English: 1390-S AMS TORR S5736.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 876 By Senator Torres NOT ADOPTED 03/04/2026 On page 1, after line 12, insert the following:1 "NEW SECTION.
877 • Torres
Plain English: 1390-S AMS TORR S5735.1 SHB 1390 - S AMD TO HS COMM AMD (S-5581.1/26) 877 By Senator Torres NOT ADOPTED 03/04/2026 Beginning on page 1, line 8, strike all of sections 2 through 6 1 and insert the following: 2 "NEW SECTION.
1st substitute bill substituted.
Community protection program
AN ACT Relating to repealing the community protection program; 1 amending RCW 71.09.020 and 71.09.060; and repealing RCW 71A.12.200, 2 71A.12.210, 71A.12.220, 71A.12.230, 71A.12.240, 71A.12.250, 3 71A.12.260, and 71A.12.280. 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-0070.1 HOUSE BILL 1390 State of Washington 69th Legislature 2025 Regular Session By Representatives Goodman, Farivar, Thai, Peterson, Reed, and Salahuddin; by request of Department of Social and Health Services Read first time 01/20/25. Referred to Committee on Early Learning & Human Services. p. 1 HB 1390 (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, or combination 38 thereof that has either caused harm of a sexually violent nature or 39 creates a reasonable apprehension of such harm in the mind of an 40 p. 2 HB 1390 objective person who knows of the history and mental condition of the 1 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 p. 3 HB 1390 sexually violent offense as defined in (a) of this subsection, or any 1 federal or out-of-state conviction for a felony offense that under 2 the laws of this state would be a sexually violent offense as defined 3 in this subsection; (c) an act of murder in the first or second 4 degree, assault in the first or second degree, assault of a child in 5 the first or second degree, kidnapping in the first or second degree, 6 burglary in the first degree, residential burglary, or unlawful 7 imprisonment, which act, either at the time of sentencing for the 8 offense or subsequently during civil commitment proceedings pursuant 9 to this chapter, has been determined beyond a reasonable doubt to 10 have been sexually motivated, as that term is defined in RCW 11 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 12 an attempt, criminal solicitation, or criminal conspiracy to commit 13 one of the felonies designated in (a), (b), or (c) of this 14 subsection. 15 (19) "Sexually violent predator" means any person who has been 16 convicted of or charged with a crime of sexual violence and who 17 suffers from a mental abnormality or personality disorder which makes 18 the person likely to engage in predatory acts of sexual violence if 19 not confined in a secure facility. 20 (20) "Total confinement facility" means a secure facility that 21 provides supervision and sex offender treatment services in a total 22 confinement setting. Total confinement facilities include the special 23 commitment center and any similar facility designated as a total 24 confinement facility by the secretary. 25 (21) "Treatment" means the sex offender specific treatment 26 program at the special commitment center or a specific course of sex 27 offender treatment pursuant to RCW 71.09.092 (1) and (2).28 Sec. 2. RCW 71.09.060 and 2023 c 453 s 28 are each amended to 29 read as follows: 30 (1) The court or jury shall determine whether, beyond a 31 reasonable doubt, the person is a sexually violent predator. In 32 determining whether or not the person would be likely to engage in 33 predatory acts of sexual violence if not confined in a secure 34 facility, the fact finder may consider only placement conditions and 35 voluntary treatment options that would exist for the person if 36 unconditionally released from detention on the sexually violent 37 predator petition. ((The community protection program under RCW 38 71A.12.230 may not be considered as a placement condition or 39 p. 4 HB 1390 treatment option available to the person if unconditionally released 1 from detention on a sexually violent predator petition. )) When the 2 determination is made by a jury, the verdict must be unanimous.3 If, on the date that the petition is filed, the person was living 4 in the community after release from custody, the state must also 5 prove beyond a reasonable doubt that the person had committed a 6 recent overt act. If the state alleges that the prior sexually 7 violent offense that forms the basis for the petition for commitment 8 was an act that was sexually motivated as provided in RCW 9 71.09.020(18)(c), the state must prove beyond a reasonable doubt that 10 the alleged sexually violent act was sexually motivated as defined in 11 RCW 9.94A.030. 12 If the court or jury determines that the person is a sexually 13 violent predator, the person shall be committed to the custody of the 14 department of social and health services for placement in a secure 15 facility operated by the department of social and health services for 16 control, care, and treatment until such time as: (a) The person's 17 condition has so changed that the person no longer meets the 18 definition of a sexually violent predator; or (b) conditional release 19 to a less restrictive alternative as set forth in RCW 71.09.092 is in 20 the best interest of the person and conditions can be imposed that 21 would adequately protect the community. 22 If the court or unanimous jury decides that the state has not met 23 its burden of proving that the person is a sexually violent predator, 24 the court shall direct the person's release. 25 If the jury is unable to reach a unanimous verdict, the court 26 shall declare a mistrial and set a retrial within forty-five days of 27 the date of the mistrial unless the prosecuting agency earlier moves 28 to dismiss the petition. The retrial may be continued upon the 29 request of either party accompanied by a showing of good cause, or by 30 the court on its own motion in the due administration of justice 31 provided that the respondent will not be substantially prejudiced. In 32 no event may the person be released from confinement prior to retrial 33 or dismissal of the case. 34 (2) If the person charged with a sexually violent offense has 35 been found incompetent to stand trial, and is about to be or has been 36 released pursuant to RCW 10.77.086(7), and his or her commitment is 37 sought pursuant to subsection (1) of this section, the court shall 38 first hear evidence and determine whether the person did commit the 39 act or acts charged if the court did not enter a finding prior to 40 p. 5 HB 1390 dismissal under RCW 10.77.086(7) that the person committed the act or 1 acts charged. The hearing on this issue must comply with all the 2 procedures specified in this section. In addition, the rules of 3 evidence applicable in criminal cases shall apply, and all 4 constitutional rights available to defendants at criminal trials, 5 other than the right not to be tried while incompetent, shall apply. 6 After hearing evidence on this issue, the court shall make specific 7 findings on whether the person did commit the act or acts charged, 8 the extent to which the person's incompetence or developmental 9 disability affected the outcome of the hearing, including its effect 10 on the person's ability to consult with and assist counsel and to 11 testify on his or her own behalf, the extent to which the evidence 12 could be reconstructed without the assistance of the person, and the 13 strength of the prosecution's case. If, after the conclusion of the 14 hearing on this issue, the court finds, beyond a reasonable doubt, 15 that the person did commit the act or acts charged, it shall enter a 16 final order, appealable by the person, on that issue, and may proceed 17 to consider whether the person should be committed pursuant to this 18 section. 19 (3) Except as otherwise provided in this chapter, the state shall 20 comply with RCW 10.77.220 while confining the person. During all 21 court proceedings where the person is present, the person shall be 22 detained in a secure facility. If the proceedings last more than one 23 day, the person may be held in the county jail for the duration of 24 the proceedings, except the person may be returned to the 25 department's custody on weekends and court holidays if the court 26 deems such a transfer feasible. The county shall be entitled to 27 reimbursement for the cost of housing and transporting the person 28 pursuant to rules adopted by the secretary. The department shall not 29 place the person, even temporarily, in a facility on the grounds of 30 any state mental facility or regional habilitation center because 31 these institutions are insufficiently secure for this population.32 (4) A court has jurisdiction to order a less restrictive 33 alternative placement only after a hearing ordered pursuant to RCW 34 71.09.090 following initial commitment under this section and in 35 accord with the provisions of this chapter. 36 NEW SECTION. Sec. 3. The following acts or parts of acts are 37 each repealed:38 p. 6 HB 1390 (1) RCW 71A.12.200 (Community protection program — Legislative 1 approval) and 2006 c 303 s 1; 2 (2) RCW 71A.12.210 (Community protection program— Application) and 3 2006 c 303 s 2; 4 (3) RCW 71A.12.220 (Community protection program— Definitions) and 5 2006 c 303 s 3; 6 (4) RCW 71A.12.230 (Community protection program — Risk assessment7 — Written notification— Written determination) and 2006 c 303 s 4;8 (5) RCW 71A.12.240 (Community protection program — Appeals— Rules— 9 Notice) and 2006 c 303 s 5; 10 (6) RCW 71A.12.250 (Community protection program — Services— 11 Reviews— Rules) and 2006 c 303 s 6; 12 (7) RCW 71A.12.260 (Community protection program— Less restrictive 13 residential placement) and 2006 c 303 s 7; and 14 (8) RCW 71A.12.280 (Community protection program — Rules, 15 guidelines, and policy manuals) and 2006 c 303 s 9.16 --- END --- p. 7 HB 1390