SVP civil commitment

AN ACT Relating to improving community safety and justice in the 1
civil commitment of sexually violent predators; amending RCW 2
71.09.020, 71.09.020, 71.09.090, 71.09.092, 71.09.092, 71.09.096, 3
71.09.096, 71.09.097, 71.09.097, 71.09.140, and 9.94A.717; creating a 4
new section; providing an effective date; and providing expiration 5
dates. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 8
read as follows: 9
Unless the context clearly requires otherwise, the definitions in 10
this section apply throughout this chapter. 11
(1) "Department" means the department of social and health 12
services. 13
(2) "Fair share principles" and "fair share principles of 14
release" means that each county has adequate options for conditional 15
release housing placements in a number generally equivalent to the 16
number of residents from that county who are subject to total 17
confinement pursuant to this chapter. 18
(3) "Health care facility" means any hospital, hospice care 19
center, licensed or certified health care facility, health 20
maintenance organization regulated under chapter 48.46 RCW, federally 21
H-0557.1
HOUSE BILL 1451
State of Washington 69th Legislature 2025 Regular Session
By Representatives Griffey, Leavitt, Couture, Graham, Burnett,
Caldier, Jacobsen, Klicker, Nance, and Eslick
Read first time 01/21/25. Referred to Committee on Community Safety.
p. 1 HB 1451
qualified health maintenance organization, federally approved renal 1
dialysis center or facility, or federally approved blood bank.2
(4) "Health care practitioner" means an individual or firm 3
licensed or certified to engage actively in a regulated health 4
profession. 5
(5) "Health care services" means those services provided by 6
health professionals licensed pursuant to RCW 18.120.020(4).7
(6) "Health profession" means those licensed or regulated 8
professions set forth in RCW 18.120.020(4). 9
(7) "Less restrictive alternative" means court-ordered treatment 10
in a setting less restrictive than total confinement which satisfies 11
the conditions set forth in RCW 71.09.092. A less restrictive 12
alternative may not include placement in the community protection 13
program as pursuant to RCW 71A.12.230. 14
(8) "Likely to engage in predatory acts of sexual violence if not 15
confined in a secure facility" means that the person more probably 16
than not will engage in such acts if released unconditionally from 17
detention on the sexually violent predator petition. Such likelihood 18
must be evidenced by a recent overt act if the person is not totally 19
confined at the time the petition is filed under RCW 71.09.030.20
(9) "Mental abnormality" means a congenital or acquired condition 21
affecting the emotional or volitional capacity which predisposes the 22
person to the commission of criminal sexual acts in a degree 23
constituting such person a menace to the health and safety of others.24
(10) "Personality disorder" means an enduring pattern of inner 25
experience and behavior that deviates markedly from the expectations 26
of the individual's culture, is pervasive and inflexible, has onset 27
in adolescence or early adulthood, is stable over time and leads to 28
distress or impairment. Purported evidence of a personality disorder 29
must be supported by testimony of a licensed forensic psychologist or 30
psychiatrist. 31
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 32
individuals with whom a relationship has been established or promoted 33
for the primary purpose of victimization; or (c) persons of casual 34
acquaintance with whom no substantial personal relationship exists.35
(12) "Prosecuting agency" means the prosecuting attorney of the 36
county where the person was convicted or charged or the attorney 37
general if requested by the prosecuting attorney, as provided in RCW 38
71.09.030. 39
p. 2 HB 1451
(13) "Recent overt act" means any act, threat, or combination 1
thereof that has either caused harm of a sexually violent nature or 2
creates a reasonable apprehension of such harm in the mind of an 3
objective person who knows of the history and mental condition of the 4
person engaging in the act or behaviors. 5
(14) "Risk potential activity" or "risk potential facility" means 6
an activity or facility that provides a higher incidence of risk to 7
the public from persons conditionally released from the special 8
commitment center. Risk potential activities and facilities include: 9
Public and private schools, school bus stops, licensed day care and 10
licensed preschool facilities, public parks, publicly dedicated 11
trails, sports fields, playgrounds, recreational and community 12
centers, churches, synagogues, temples, mosques, public libraries, 13
public and private youth camps, and ((others)) other locations where 14
children are known to congregate identified by the department 15
following the hearings on a potential site required in RCW 71.09.315. 16
For purposes of this chapter, "school bus stops" does not include bus 17
stops established primarily for public transit. 18
(15) "Secretary" means the secretary of social and health 19
services or the secretary's designee. 20
(16) "Secure community transition facility" means a residential 21
facility for persons civilly committed and conditionally released to 22
a less restrictive alternative under this chapter. A secure community 23
transition facility has supervision and security, and either provides 24
or ensures the provision of sex offender treatment services. Secure 25
community transition facilities include but are not limited to the 26
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 27
community-based facilities established under this chapter and 28
operated by the secretary or under contract with the secretary.29
(17) "Secure facility" means a residential facility for persons 30
civilly confined under the provisions of this chapter that includes 31
security measures sufficient to protect the community. Such 32
facilities include total confinement facilities, secure community 33
transition facilities, and any residence used as a court-ordered 34
placement under RCW 71.09.096. 35
(18) "Sexually violent offense" means an act committed on, 36
before, or after July 1, 1990, that is: (a) An act defined in Title 37
9A RCW as rape in the first degree, rape in the second degree by 38
forcible compulsion, rape of a child in the first or second degree, 39
statutory rape in the first or second degree, indecent liberties by 40
p. 3 HB 1451
forcible compulsion, indecent liberties against a child under age 1
fourteen, incest against a child under age fourteen, or child 2
molestation in the first or second degree; (b) a felony offense in 3
effect at any time prior to July 1, 1990, that is comparable to a 4
sexually violent offense as defined in (a) of this subsection, or any 5
federal or out-of-state conviction for a felony offense that under 6
the laws of this state would be a sexually violent offense as defined 7
in this subsection; (c) an act of murder in the first or second 8
degree, assault in the first or second degree, assault of a child in 9
the first or second degree, kidnapping in the first or second degree, 10
burglary in the first degree, residential burglary, or unlawful 11
imprisonment, which act, either at the time of sentencing for the 12
offense or subsequently during civil commitment proceedings pursuant 13
to this chapter, has been determined beyond a reasonable doubt to 14
have been sexually motivated, as that term is defined in RCW 15
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 16
an attempt, criminal solicitation, or criminal conspiracy to commit 17
one of the felonies designated in (a), (b), or (c) of this 18
subsection. 19
(19) "Sexually violent predator" means any person who has been 20
convicted of or charged with a crime of sexual violence and who 21
suffers from a mental abnormality or personality disorder which makes 22
the person likely to engage in predatory acts of sexual violence if 23
not confined in a secure facility. 24
(20) "Total confinement facility" means a secure facility that 25
provides supervision and sex offender treatment services in a total 26
confinement setting. Total confinement facilities include the special 27
commitment center and any similar facility designated as a total 28
confinement facility by the secretary. 29
(21) "Treatment" means the sex offender specific treatment 30
program at the special commitment center or a specific course of sex 31
offender treatment pursuant to RCW 71.09.092 (1) and (2).32
Sec. 2. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 33
read as follows: 34
Unless the context clearly requires otherwise, the definitions in 35
this section apply throughout this chapter. 36
(1) "Department" means the department of social and health 37
services. 38
p. 4 HB 1451
(2) "Fair share principles" and "fair share principles of 1
release" means that each ((county)) region within the state has 2
adequate options for conditional release housing placements in a 3
number generally equivalent to the number of residents from that 4
((county)) region who are subject to total confinement pursuant to 5
this chapter. 6
(3) "Health care facility" means any hospital, hospice care 7
center, licensed or certified health care facility, health 8
maintenance organization regulated under chapter 48.46 RCW, federally 9
qualified health maintenance organization, federally approved renal 10
dialysis center or facility, or federally approved blood bank.11
(4) "Health care practitioner" means an individual or firm 12
licensed or certified to engage actively in a regulated health 13
profession. 14
(5) "Health care services" means those services provided by 15
health professionals licensed pursuant to RCW 18.120.020(4).16
(6) "Health profession" means those licensed or regulated 17
professions set forth in RCW 18.120.020(4). 18
(7) "Less restrictive alternative" means court-ordered treatment 19
in a setting less restrictive than total confinement which satisfies 20
the conditions set forth in RCW 71.09.092. A less restrictive 21
alternative may not include placement in the community protection 22
program as pursuant to RCW 71A.12.230. A less restrictive alternative 23
shall only include a housing placement that is owned by the 24
department, operated by the department, or operated under contract 25
with the department.26
(8) "Likely to engage in predatory acts of sexual violence if not 27
confined in a secure facility" means that the person more probably 28
than not will engage in such acts if released unconditionally from 29
detention on the sexually violent predator petition. Such likelihood 30
must be evidenced by a recent overt act if the person is not totally 31
confined at the time the petition is filed under RCW 71.09.030.32
(9) "Mental abnormality" means a congenital or acquired condition 33
affecting the emotional or volitional capacity which predisposes the 34
person to the commission of criminal sexual acts in a degree 35
constituting such person a menace to the health and safety of others.36
(10) "Personality disorder" means an enduring pattern of inner 37
experience and behavior that deviates markedly from the expectations 38
of the individual's culture, is pervasive and inflexible, has onset 39
in adolescence or early adulthood, is stable over time and leads to 40
p. 5 HB 1451
distress or impairment. Purported evidence of a personality disorder 1
must be supported by testimony of a licensed forensic psychologist or 2
psychiatrist. 3
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 4
individuals with whom a relationship has been established or promoted 5
for the primary purpose of victimization; or (c) persons of casual 6
acquaintance with whom no substantial personal relationship exists.7
(12) "Prosecuting agency" means the prosecuting attorney of the 8
county where the person was convicted or charged or the attorney 9
general if requested by the prosecuting attorney, as provided in RCW 10
71.09.030. 11
(13) "Recent overt act" means any act, threat, or combination 12
thereof that has either caused harm of a sexually violent nature or 13
creates a reasonable apprehension of such harm in the mind of an 14
objective person who knows of the history and mental condition of the 15
person engaging in the act or behaviors. 16
(14) "Risk potential activity" or "risk potential facility" means 17
an activity or facility that provides a higher incidence of risk to 18
the public from persons conditionally released from the special 19
commitment center. Risk potential activities and facilities include: 20
Public and private schools, school bus stops, licensed day care and 21
licensed preschool facilities, public parks, publicly dedicated 22
trails, sports fields, playgrounds, recreational and community 23
centers, churches, synagogues, temples, mosques, public libraries, 24
public and private youth camps, and ((others)) other locations where 25
children are known to congregate identified by the department 26
following the hearings on a potential site required in RCW 71.09.315. 27
For purposes of this chapter, "school bus stops" does not include bus 28
stops established primarily for public transit. 29
(15) "Secretary" means the secretary of social and health 30
services or the secretary's designee. 31
(16) "Secure community transition facility" means a residential 32
facility for persons civilly committed and conditionally released to 33
a less restrictive alternative under this chapter. A secure community 34
transition facility has supervision and security, and either provides 35
or ensures the provision of sex offender treatment services. Secure 36
community transition facilities include but are not limited to the 37
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 38
community-based facilities established under this chapter and 39
operated by the secretary or under contract with the secretary.40
p. 6 HB 1451
(17) "Secure facility" means a residential facility for persons 1
civilly confined under the provisions of this chapter that includes 2
security measures sufficient to protect the community. Such 3
facilities include total confinement facilities, secure community 4
transition facilities, and any residence used as a court-ordered 5
placement under RCW 71.09.096. 6
(18) "Sexually violent offense" means an act committed on, 7
before, or after July 1, 1990, that is: (a) An act defined in Title 8
9A RCW as rape in the first degree, rape in the second degree by 9
forcible compulsion, rape of a child in the first or second degree, 10
statutory rape in the first or second degree, indecent liberties by 11
forcible compulsion, indecent liberties against a child under age 12
fourteen, incest against a child under age fourteen, or child 13
molestation in the first or second degree; (b) a felony offense in 14
effect at any time prior to July 1, 1990, that is comparable to a 15
sexually violent offense as defined in (a) of this subsection, or any 16
federal or out-of-state conviction for a felony offense that under 17
the laws of this state would be a sexually violent offense as defined 18
in this subsection; (c) an act of murder in the first or second 19
degree, assault in the first or second degree, assault of a child in 20
the first or second degree, kidnapping in the first or second degree, 21
burglary in the first degree, residential burglary, or unlawful 22
imprisonment, which act, either at the time of sentencing for the 23
offense or subsequently during civil commitment proceedings pursuant 24
to this chapter, has been determined beyond a reasonable doubt to 25
have been sexually motivated, as that term is defined in RCW 26
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 27
an attempt, criminal solicitation, or criminal conspiracy to commit 28
one of the felonies designated in (a), (b), or (c) of this 29
subsection. 30
(19) "Sexually violent predator" means any person who has been 31
convicted of or charged with a crime of sexual violence and who 32
suffers from a mental abnormality or personality disorder which makes 33
the person likely to engage in predatory acts of sexual violence if 34
not confined in a secure facility. 35
(20) "Total confinement facility" means a secure facility that 36
provides supervision and sex offender treatment services in a total 37
confinement setting. Total confinement facilities include the special 38
commitment center and any similar facility designated as a total 39
confinement facility by the secretary. 40
p. 7 HB 1451
(21) "Treatment" means the sex offender specific treatment 1
program at the special commitment center or a specific course of sex 2
offender treatment pursuant to RCW 71.09.092 (1) and (2).3
Sec. 3. RCW 71.09.090 and 2021 c 236 s 4 are each amended to 4
read as follows: 5
(1)(a) If the secretary determines that the person's condition 6
has so changed that the person no longer meets the definition of a 7
sexually violent predator, the secretary shall authorize the person 8
to petition the court for unconditional discharge. The petition shall 9
be filed with the court and served upon the prosecuting agency 10
responsible for the initial commitment. The court, upon receipt of 11
the petition for unconditional discharge, shall within 45 days order 12
a hearing. 13
(b) If the secretary determines that the person's condition has 14
so changed that conditional release to a less restrictive alternative 15
is in the best interest of the person and conditions can be imposed 16
that adequately protect the community, then the secretary shall 17
authorize the person to petition the court for conditional release to 18
a less restrictive alternative. Upon receipt of the petition, the 19
court shall order the department to identify a less restrictive 20
alternative placement that satisfies RCW 71.09.092 (1) through (4). 21
Once identified, notice of the placement shall be filed with the 22
court and served upon: The prosecuting agency responsible for the 23
initial commitment; the prosecuting agency of the county where the 24
person will be conditionally released to; any person or persons 25
identified in RCW 71.09.140(2)(a) who have opted to receive 26
notifications under this chapter; and the person and his or her 27
counsel. If the department cannot identify a placement available to 28
the person that satisfies RCW 71.09.092 (1) through (4) within 90 29
days, the department shall provide a written certification to the 30
court, the prosecuting agency responsible for the initial commitment, 31
the prosecuting agency of the county where the person will be 32
conditionally released to, and the person and his or her counsel, 33
detailing the efforts of the department to identify a qualifying 34
placement. Upon the department's certification, the person may 35
propose a placement that satisfies RCW 71.09.092 (1) through (3). 36
After a less restrictive placement has been proposed by either the 37
department or the person, the court shall within 45 days order a 38
hearing. 39
p. 8 HB 1451
(2)(a) Nothing contained in this chapter shall prohibit the 1
person from otherwise petitioning the court for conditional release 2
to a less restrictive alternative or unconditional discharge without 3
the secretary's approval. The secretary shall provide the committed 4
person with an annual written notice of the person's right to 5
petition the court for conditional release to a less restrictive 6
alternative or unconditional discharge over the secretary's 7
objection. The notice shall contain a waiver of rights. The secretary 8
shall file the notice and waiver form and the annual report with the 9
court. If the person does not affirmatively waive the right to 10
petition, the court shall set a show cause hearing to determine 11
whether probable cause exists to warrant a hearing on whether the 12
person's condition has so changed that: (i) He or she no longer meets 13
the definition of a sexually violent predator; or (ii) conditional 14
release to a proposed less restrictive alternative would be in the 15
best interest of the person and conditions can be imposed that would 16
adequately protect the community. 17
(b)(i) The committed person shall have a right to have an 18
attorney represent him or her at the show cause hearing, which may be 19
conducted solely on the basis of affidavits or declarations, but the 20
person is not entitled to be present at the show cause hearing. At 21
the show cause hearing, the prosecuting agency shall present prima 22
facie evidence establishing: (A) That the committed person continues 23
to meet the definition of a sexually violent predator; and (B) that a 24
less restrictive alternative is not in the best interest of the 25
person and conditions cannot be imposed that adequately protect the 26
community. 27
(ii)(A) If the state produces prima facie evidence that the 28
committed person continues to be a sexually violent predator, then 29
the state's burden under (b)(i)(A) of this subsection is met and an 30
unconditional release trial may not be ordered unless the committed 31
person produces evidence satisfying: Subsection (4)(a) of this 32
section; and subsection (4)(b) (i) or (ii) of this section.33
(B) If the state produces prima facie evidence that a less 34
restrictive alternative is not appropriate for the committed person, 35
then the state's burden under (b)(i)(B) of this subsection is met, 36
and a conditional release trial may not be ordered unless the 37
committed person: 38
(I) Produces evidence satisfying: Subsection (4)(a) of this 39
section; and subsection (4)(b) (i) or (ii) of this section; and40
p. 9 HB 1451
(II) Presents the court with a specific placement satisfying the 1
requirements of RCW 71.09.092. 2
(iii) In making the showing required under (b)(i) of this 3
subsection, the state may rely exclusively upon the annual report 4
prepared pursuant to RCW 71.09.070. The committed person may present 5
responsive affidavits or declarations to which the state may reply.6
(c)(i) If the court at the show cause hearing determines that 7
either: (A) The state has failed to present prima facie evidence that 8
the committed person continues to meet the definition of a sexually 9
violent predator; or (B) probable cause exists to believe that the 10
person's condition has so changed that the person no longer meets the 11
definition of a sexually violent predator, then the court shall set a 12
hearing on the issue of unconditional discharge. 13
(ii) If the court at the show cause hearing determines that the 14
state has failed to present prima facie evidence that no proposed 15
less restrictive alternative is in the best interest of the person 16
and conditions cannot be imposed that would adequately protect the 17
community, the court shall enter an order directing the department to 18
propose a less restrictive alternative that satisfies RCW 71.09.092 19
(1) through (4). If the department cannot identify a placement 20
available to the person that satisfies RCW 71.09.092 (1) through (4) 21
within 90 days, the department shall provide a written certification 22
to the court, the prosecuting agency responsible for the initial 23
commitment, and the person and his or her counsel, detailing the 24
efforts of the department to identify a qualifying placement. Upon 25
the department's certification, the person may propose a placement 26
that satisfies RCW 71.09.092 (1) through (3). After a less 27
restrictive placement has been proposed by either the department or 28
the person, the court shall set a hearing on the issue of conditional 29
release. 30
(iii) If the court at the show cause hearing determines, based on 31
the evidence submitted by the person, that probable cause exists to 32
believe that release to a less restrictive alternative would be in 33
the best interest of the person and conditions can be imposed that 34
would adequately protect the community, the court shall set a hearing 35
on the issue of conditional release ((if the person presents the 36
court with a specific placement that satisfies the requirements of 37
RCW 71.09.092)) and order the department to identify a less 38
restrictive placement that satisfies the requirements of RCW 39
71.09.092. If the department cannot identify a placement that 40
p. 10 HB 1451
satisfies the requirements of RCW 71.09.092 within 90 days, the 1
department shall provide a written certification to the court, the 2
prosecuting agency responsible for the initial commitment, and the 3
person and his or her counsel, detailing the efforts of the 4
department to identify a qualifying placement. Upon the department's 5
certification, the person may propose a placement that satisfies RCW 6
71.09.092 (1) through (3). 7
(d) If the court has not previously considered the issue of 8
release to a less restrictive alternative, either through a trial on 9
the merits or through the procedures set forth in RCW 71.09.094(1), 10
or if an immediately preceding less restrictive alternative was 11
revoked due to the loss of adequate housing or treatment for reasons 12
other than noncompliance with housing requirements, treatment, or 13
other conditions of the less restrictive alternative, the court shall 14
consider whether release to a less restrictive alternative would be 15
in the best interests of the person and conditions can be imposed 16
that would adequately protect the community, without considering 17
whether the person's condition has changed. 18
(3)(a) At the hearing resulting from subsection (1) or (2) of 19
this section, the committed person shall be entitled to be present 20
and to the benefit of all constitutional protections that were 21
afforded to the person at the initial commitment proceeding. The 22
prosecuting agency shall represent the state and shall have a right 23
to a jury trial and to have the committed person evaluated by experts 24
chosen by the state. The prosecuting agency shall have a right to a 25
current evaluation of the person by experts chosen by the state. The 26
judge may require the person to complete any or all of the following 27
procedures or tests if requested by the evaluator: (i) A clinical 28
interview; (ii) psychological testing; (iii) plethysmograph testing; 29
and (iv) polygraph testing. The judge may order the person to 30
complete any other procedures and tests relevant to the evaluation. 31
The state is responsible for the costs of the evaluation. The 32
committed person shall also have the right to a jury trial and the 33
right to have experts evaluate him or her on his or her behalf and 34
the court shall appoint an expert if the person is indigent and 35
requests an appointment. 36
(b) Whenever any indigent person is subjected to an evaluation 37
under (a) of this subsection, the office of public defense is 38
responsible for the cost of one expert or professional person 39
conducting an evaluation on the person's behalf. When the person 40
p. 11 HB 1451
wishes to be evaluated by a qualified expert or professional person 1
of his or her own choice, such expert or professional person must be 2
permitted to have reasonable access to the person for the purpose of 3
such evaluation, as well as to all relevant medical and psychological 4
records and reports. In the case of a person who is indigent, the 5
court shall, upon the person's request, assist the person in 6
obtaining an expert or professional person to perform an evaluation 7
or participate in the hearing on the person's behalf. Nothing in this 8
chapter precludes the person from paying for additional expert 9
services at his or her own expense. 10
(c) If the issue at the hearing is whether the person should be 11
unconditionally discharged, the burden of proof shall be upon the 12
state to prove beyond a reasonable doubt that the committed person's 13
condition remains such that the person continues to meet the 14
definition of a sexually violent predator. Evidence of the prior 15
commitment trial and disposition is admissible. The recommitment 16
proceeding shall otherwise proceed as set forth in RCW 71.09.050 and 17
71.09.060. 18
(d) If the issue at the hearing is whether the person should be 19
conditionally released to a less restrictive alternative, the burden 20
of proof at the hearing shall be upon the state to prove beyond a 21
reasonable doubt that conditional release to any proposed less 22
restrictive alternative either: (i) Is not in the best interest of 23
the committed person; or (ii) does not include conditions that would 24
adequately protect the community. Evidence of the prior commitment 25
trial and disposition is admissible. 26
(4)(a) Probable cause exists to believe that a person's condition 27
has "so changed," under subsection (2) of this section, only when 28
evidence exists, since the person's last commitment trial, or less 29
restrictive alternative revocation proceeding, of a substantial 30
change in the person's physical or mental condition such that the 31
person either no longer meets the definition of a sexually violent 32
predator or that a conditional release to a less restrictive 33
alternative is in the person's best interest and conditions can be 34
imposed to adequately protect the community. 35
(b) A new trial proceeding under subsection (3) of this section 36
may be ordered, or a trial proceeding may be held, only when there is 37
current evidence from a licensed professional of one of the following 38
and the evidence presents a change in condition since the person's 39
last commitment trial proceeding: 40
p. 12 HB 1451
(i) An identified physiological change to the person, such as 1
paralysis, stroke, or dementia, that renders the committed person 2
unable to commit a sexually violent act and this change is permanent; 3
or 4
(ii) A change in the person's mental condition brought about 5
through positive response to continuing participation in sex offender 6
treatment which indicates that the person meets the standard for 7
conditional release to a less restrictive alternative or that the 8
person would be safe to be at large if unconditionally released from 9
commitment. 10
(c) For purposes of this section, a change in a single 11
demographic factor, without more, does not establish probable cause 12
for a new trial proceeding under subsection (3) of this section. As 13
used in this section, a single demographic factor includes, but is 14
not limited to, a change in the chronological age, marital status, or 15
gender of the committed person. 16
(5) Whenever the person petitions the court for conditional 17
release to a less restrictive alternative, regardless of whether the 18
petition is authorized by the secretary, the person may not propose a 19
specific less restrictive alternative placement unless:20
(a) The court orders the department to identify a less 21
restrictive alternative placement available to the person pursuant to 22
subsection (1)(b) of this section or (c)(ii) of this subsection (2); 23
the department does not identify a qualifying placement within 90 24
days; and the department provides a written certification to the 25
court, the prosecuting agency responsible for the initial commitment, 26
and the person and his or her counsel, detailing the efforts of the 27
department to identify a qualifying placement; or28
(b) The person provides notice to the court and the prosecuting 29
agency responsible for the initial commitment of his or her intent to 30
propose a specific less restrictive alternative placement; the court 31
provides the department 90 days to identify a less restrictive 32
alternative placement available to the person that satisfies RCW 33
71.09.092 (1) through (4); and the department either:34
(i) Identifies a qualifying placement within 90 days; or35
(ii) Does not identify a qualifying placement, and instead 36
provides a written certification to the court, the prosecuting agency 37
responsible for the initial commitment, and the person and his or her 38
counsel, detailing the efforts of the department to identify a 39
qualifying placement.40
p. 13 HB 1451
(6) When the court enters an order for unconditional discharge of 1
a person from an immediately preceding less restrictive placement, 2
the court must direct the clerk to transmit a copy of the order to 3
the department of corrections for discharge process and termination 4
of cause. 5
(((6))) (7) The jurisdiction of the court over a person civilly 6
committed pursuant to this chapter continues until such time as the 7
person is unconditionally discharged. 8
(((7))) (8) During any period of confinement pursuant to a 9
criminal conviction, or for any period of detention awaiting trial on 10
criminal charges, this section is suspended. 11
Sec. 4. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 12
read as follows: 13
Before the court may enter an order directing conditional release 14
to a less restrictive alternative, it must find the following: (1) 15
The person will be treated by a treatment provider who is qualified 16
to provide such treatment in the state of Washington under chapter 17
18.155 RCW; (2) the treatment provider has presented a specific 18
course of treatment and has agreed to assume responsibility for such 19
treatment and will report progress to the court on a regular basis, 20
and will report violations immediately to the court, the prosecutor, 21
the supervising community corrections officer, and the superintendent 22
of the special commitment center; (3) housing exists in Washington 23
that complies with distance restrictions under RCW 71.09.096(4)(a), 24
is sufficiently secure to protect the community, and the person or 25
agency providing housing to the conditionally released person has 26
agreed in writing to accept the person, to provide the level of 27
security required by the court, and immediately to report to the 28
court, the prosecutor, the supervising community corrections officer, 29
and the superintendent of the special commitment center if the person 30
leaves the housing to which he or she has been assigned without 31
authorization; (4) if the department has proposed housing that is 32
outside of the county of commitment, a documented effort was made by 33
the department to ensure that placement is consistent with fair share 34
principles of release; (5) the person is willing to comply with the 35
treatment provider and all requirements imposed by the treatment 36
provider and by the court; and (6) the person will be under the 37
supervision of the department of corrections and is willing to comply 38
p. 14 HB 1451
with supervision requirements imposed by the department of 1
corrections. 2
Sec. 5. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 3
read as follows: 4
Before the court may enter an order directing conditional release 5
to a less restrictive alternative, it must find the following: (1) 6
The person will be treated by a treatment provider who is qualified 7
to provide such treatment in the state of Washington under chapter 8
18.155 RCW; (2) the treatment provider has presented a specific 9
course of treatment and has agreed to assume responsibility for such 10
treatment and will report progress to the court on a regular basis, 11
and will report violations immediately to the court, the prosecutor, 12
the supervising community corrections officer, and the superintendent 13
of the special commitment center; (3) housing exists in Washington 14
that complies with distance restrictions under RCW 71.09.096(4)(a), 15
is sufficiently secure to protect the community, is owned by the 16
department, operated by the department, or operated under contract 17
with the department, and the person or agency providing housing to 18
the conditionally released person has agreed in writing to accept the 19
person, to provide the level of security required by the court, and 20
immediately to report to the court, the prosecutor, the supervising 21
community corrections officer, and the superintendent of the special 22
commitment center if the person leaves the housing to which he or she 23
has been assigned without authorization; (4) if the department has 24
proposed housing that is outside of the county of commitment, a 25
documented effort was made by the department to ensure that placement 26
is consistent with fair share principles of release; (5) the person 27
is willing to comply with the treatment provider and all requirements 28
imposed by the treatment provider and by the court; and (6) the 29
person will be under the supervision of the department of corrections 30
and is willing to comply with supervision requirements imposed by the 31
department of corrections. 32
Sec. 6. RCW 71.09.096 and 2021 c 236 s 6 are each amended to 33
read as follows: 34
(1) If the court or jury determines that conditional release to a 35
less restrictive alternative is in the best interest of the person 36
and includes conditions that would adequately protect the community, 37
and the court determines that the minimum conditions set forth in RCW 38
p. 15 HB 1451
71.09.092 and in this section are met, the court shall enter judgment 1
and direct a conditional release. 2
(2) The court shall impose any additional conditions necessary to 3
ensure compliance with treatment and to protect the community. If the 4
court finds that conditions do not exist that will both ensure the 5
person's compliance with treatment and protect the community, then 6
the person shall be remanded to the custody of the department of 7
social and health services for control, care, and treatment in a 8
secure facility as designated in RCW 71.09.060(1). 9
(3) If the service provider designated by the court to provide 10
inpatient or outpatient treatment or to monitor or supervise any 11
other terms and conditions of a person's placement in a less 12
restrictive alternative is other than the department of social and 13
health services or the department of corrections, then the service 14
provider so designated must agree in writing to provide such 15
treatment, monitoring, or supervision in accord with this section. 16
Any person providing or agreeing to provide treatment, monitoring, or 17
supervision services pursuant to this chapter may be compelled to 18
testify and any privilege with regard to such person's testimony is 19
deemed waived. 20
(4)(a) Prior to authorizing any release to a less restrictive 21
alternative, the court shall impose such conditions upon the person 22
as are necessary to ensure the safety of the community , which must 23
include, at minimum, the condition that the person will be subject to 24
electronic monitoring that, to the extent feasible, provides real-25
time tracking, programmable inclusion and exclusion zones, and the 26
ability to provide notifications if the person tampers with the 27
monitoring device or enters an exclusion zone . In imposing 28
conditions, the court must impose a restriction on the proximity of 29
the person's residence to public or private schools providing 30
instruction to kindergarten or any grades one through 12 in 31
accordance with RCW 72.09.340. Courts shall require a minimum 32
distance restriction of 500 feet on the proximity of the person's 33
residence to child care facilities , official school bus stops, 34
academic or educational programs, and public or private schools 35
providing instruction to kindergarten or any grades one through 12. 36
The court shall order the department of corrections to investigate 37
the less restrictive alternative and, within 60 days of the order to 38
investigate, recommend any additional conditions to the court. These 39
conditions shall be individualized to address the person's specific 40
p. 16 HB 1451
risk factors and criminogenic needs and may include, but are not 1
limited to (([,])), the following: Specification of residence or 2
restrictions on residence including distance restrictions, 3
specification of contact with a reasonable number of individuals upon 4
the person's request who are verified by the department of 5
corrections to be appropriate social contacts, prohibition of contact 6
with potential or past victims, prohibition of alcohol and other drug 7
use, participation in a specific course of inpatient or outpatient 8
treatment that may include monitoring by the use of polygraph and 9
plethysmograph, monitoring through the use of global positioning 10
system technology, supervision by a department of corrections 11
community corrections officer, a requirement that the person remain 12
within the state unless the person receives prior authorization by 13
the court, and any other conditions that the court determines are in 14
the best interest of the person or others. A copy of the conditions 15
of release shall be given to the person and to any designated service 16
providers. 17
(b) To the greatest extent possible, the person, person's 18
counsel, prosecuting agency responsible for the initial commitment, 19
the prosecuting agency of the county where the person will be 20
conditionally released to, treatment provider, supervising community 21
corrections officer, and appropriate clinical staff of the special 22
commitment center shall meet and collaborate to craft individualized, 23
narrowly tailored, and empirically based conditions to present to the 24
court to help facilitate the person's successful transition to the 25
community. The prosecuting agency of the county where the person will 26
be conditionally released to may waive its participation in the 27
development of these conditions.28
(5)(a) Prior to authorizing release to a less restrictive 29
alternative proposed by the department, the court shall consider 30
whether the person's less restrictive alternative placement is in 31
accordance with fair share principles. To ensure equitable 32
distribution of releases, and prevent the disproportionate grouping 33
of persons subject to less restrictive orders in any one county, or 34
in any one jurisdiction or community within a county, the legislature 35
finds it is appropriate for releases to a less restrictive 36
alternative to occur in a manner that adheres to fair share 37
principles. The legislature recognizes that there may be reasons why 38
the department may not recommend that a person be released to his or 39
her county of commitment, including availability of individualized 40
p. 17 HB 1451
resources, the person's support needs, or when the court determines 1
that the person's return to his or her county of commitment would be 2
inappropriate considering any court-issued protection orders, victim 3
safety concerns that cannot be addressed through use of global 4
positioning system technology, the unavailability of appropriate 5
treatment or facilities that would adequately protect the community, 6
negative influences on the person, and the location of family or 7
other persons or organizations offering support to the person. If the 8
court authorizes conditional release based on the department's 9
proposal to a county other than the county of commitment, the court 10
shall enter specific findings regarding its decision and identify 11
whether the release remains in line with fair share principles.12
(b)(i) When the department develops a less restrictive 13
alternative placement under this section, it shall attempt to 14
identify a placement satisfying the requirements of RCW 71.09.092 15
that is aligned with fair share principles. The department shall 16
document its rationale for the recommended placement.17
(ii) If the department does not support or recommend conditional 18
release to a less restrictive alternative due to a clinical 19
determination, the department shall document its objection and 20
certify that the department is developing the less restrictive 21
alternative pursuant to a court order and not because of a clinical 22
determination. 23
(iii) When the department develops or proposes a less restrictive 24
alternative placement under this chapter, it shall be considered a 25
predisposition recommendation. 26
(iv) In developing, modifying, and enforcing less restrictive 27
alternatives, the department shall be deemed to be performing a 28
quasi-judicial function. 29
(c) If the committed person is not conditionally released to his 30
or her county of commitment, the department shall provide the law and 31
justice council of the county in which the person is conditionally 32
released with notice and a written explanation, including whether the 33
department remains in compliance with fair share principles regarding 34
releases under this chapter. 35
(d) For purposes of this section, the person's county of 36
commitment means the county of the court which ordered the person's 37
commitment. 38
(e) This subsection (5) does not apply to releases to a secure 39
community transition facility under RCW 71.09.250.40
p. 18 HB 1451
(6)(a) When ordered by the court, the department must provide 1
less restrictive alternative treatment that includes, at a minimum:2
(i) The services identified in the person's discharge plan as 3
outlined in RCW 71.09.080(4); 4
(ii) The assignment of a community care coordinator;5
(iii) Regular contacts with providers of court-ordered treatment 6
services; 7
(iv) Community escorts, if needed; 8
(v) A transition plan that addresses the person's access to 9
continued services upon unconditional discharge; 10
(vi) Financial support for necessary housing; 11
(vii) Life skills training and disability accommodations, if 12
needed; and 13
(viii) Assistance in pursuing benefits, education, and 14
employment. 15
(b) At the time the department of corrections is ordered to 16
investigate a proposed less restrictive alternative placement, 17
subject to the availability of amounts appropriated for this specific 18
purpose, the department shall assign a social worker to assist the 19
person with discharge planning, pursuing benefits, and coordination 20
of care prior to release. 21
(i) The social worker shall assist the person with completing 22
applications for benefits prior to the person's release from total 23
confinement. 24
(ii) To promote continuity of care and the individual's success 25
in the community, the department social worker shall be responsible 26
for initiating a clinical transition of care between the last 27
treating clinician at the special commitment center and the person's 28
designated community treatment provider. This transition between one 29
clinical setting to another shall occur no later than 15 days before 30
an individual's release from the special commitment center.31
(iii) If applicable, the social worker shall assist the person 32
with locating any needed disability accommodations in the community 33
and with obtaining resources to help address the person's identified 34
life skills needs prior to release from total confinement.35
(7) Any service provider designated to provide inpatient or 36
outpatient treatment shall monthly, or as otherwise directed by the 37
court, submit to the court, to the department of social and health 38
services facility from which the person was released, to the 39
prosecuting agency, and to the supervising community corrections 40
p. 19 HB 1451
officer, a report stating whether the person is complying with the 1
terms and conditions of the conditional release to a less restrictive 2
alternative. 3
(8) Each person released to a less restrictive alternative shall 4
have his or her case reviewed by the court that released him or her 5
no later than one year after such release and annually thereafter 6
until the person is unconditionally discharged. Review may occur in a 7
shorter time or more frequently, if the court, in its discretion on 8
its own motion, or on motion of the person, the secretary, or the 9
prosecuting ((agency)) agencies so ((determines)) determine. The 10
questions to be determined by the court are whether the person shall 11
continue to be conditionally released to a less restrictive 12
alternative, and if so, whether a modification to the person's less 13
restrictive alternative order is appropriate to ensure the 14
conditional release remains in the best interest of the person and 15
adequate to protect the victim and the community. The court in making 16
its determination shall be aided by the periodic reports filed 17
pursuant to subsection (7) of this section and the opinions of the 18
secretary and other experts or professional persons.19
Sec. 7. RCW 71.09.096 and 2021 c 236 s 6 are each amended to 20
read as follows: 21
(1) If the court or jury determines that conditional release to a 22
less restrictive alternative is in the best interest of the person 23
and includes conditions that would adequately protect the community, 24
and the court determines that the minimum conditions set forth in RCW 25
71.09.092 and in this section are met, the court shall enter judgment 26
and direct a conditional release. 27
(2) The court shall impose any additional conditions necessary to 28
ensure compliance with treatment and to protect the community. If the 29
court finds that conditions do not exist that will both ensure the 30
person's compliance with treatment and protect the community, then 31
the person shall be remanded to the custody of the department of 32
social and health services for control, care, and treatment in a 33
secure facility as designated in RCW 71.09.060(1).34
(3) If the service provider designated by the court to provide 35
inpatient or outpatient treatment or to monitor or supervise any 36
other terms and conditions of a person's placement in a less 37
restrictive alternative is other than the department of social and 38
health services or the department of corrections, then the service 39
p. 20 HB 1451
provider so designated must agree in writing to provide such 1
treatment, monitoring, or supervision in accord with this section. 2
Any person providing or agreeing to provide treatment, monitoring, or 3
supervision services pursuant to this chapter may be compelled to 4
testify and any privilege with regard to such person's testimony is 5
deemed waived. 6
(4)(a) Prior to authorizing any release to a less restrictive 7
alternative, the court shall impose such conditions upon the person 8
as are necessary to ensure the safety of the community , which must 9
include, at minimum, the condition that the person will be subject to 10
electronic monitoring that, to the extent feasible, provides real-11
time tracking, programmable inclusion and exclusion zones, and the 12
ability to provide notifications if the person tampers with the 13
monitoring device or enters an exclusion zone . In imposing 14
conditions, the court must impose a restriction on the proximity of 15
the person's residence to public or private schools providing 16
instruction to kindergarten or any grades one through 12 in 17
accordance with RCW 72.09.340. Courts shall require a minimum 18
distance restriction of 500 feet on the proximity of the person's 19
residence to child care facilities , official school bus stops, 20
academic or educational programs, and public or private schools 21
providing instruction to kindergarten or any grades one through 12. 22
The court shall order the department of corrections to investigate 23
the less restrictive alternative and, within 60 days of the order to 24
investigate, recommend any additional conditions to the court. These 25
conditions shall be individualized to address the person's specific 26
risk factors and criminogenic needs and may include, but are not 27
limited to (([,])), the following: Specification of residence or 28
restrictions on residence including distance restrictions, 29
specification of contact with a reasonable number of individuals upon 30
the person's request who are verified by the department of 31
corrections to be appropriate social contacts, prohibition of contact 32
with potential or past victims, prohibition of alcohol and other drug 33
use, participation in a specific course of inpatient or outpatient 34
treatment that may include monitoring by the use of polygraph and 35
plethysmograph, monitoring through the use of global positioning 36
system technology, supervision by a department of corrections 37
community corrections officer, a requirement that the person remain 38
within the state unless the person receives prior authorization by 39
the court, and any other conditions that the court determines are in 40
p. 21 HB 1451
the best interest of the person or others. A copy of the conditions 1
of release shall be given to the person and to any designated service 2
providers. 3
(b) To the greatest extent possible, the person, person's 4
counsel, prosecuting agency responsible for the initial commitment, 5
the prosecuting agency of the county where the person will be 6
conditionally released to, treatment provider, supervising community 7
corrections officer, and appropriate clinical staff of the special 8
commitment center shall meet and collaborate to craft individualized, 9
narrowly tailored, and empirically based conditions to present to the 10
court to help facilitate the person's successful transition to the 11
community. The prosecuting agency of the county where the person will 12
be conditionally released to may waive its participation in the 13
development of these conditions.14
(5)(a) Prior to authorizing release to a less restrictive 15
alternative proposed by the department, the court shall consider 16
whether the person's less restrictive alternative placement is in 17
accordance with fair share principles. To ensure equitable 18
distribution of releases, and prevent the disproportionate grouping 19
of persons subject to less restrictive orders in any one ((county)) 20
region within a state, or in any one jurisdiction or community within 21
a ((county)) region, the legislature finds it is appropriate for 22
releases to a less restrictive alternative to occur in a manner that 23
adheres to fair share principles. The legislature recognizes that 24
there may be reasons why the department may not recommend that a 25
person be released to his or her county of commitment, including 26
availability of individualized resources, the person's support needs, 27
or when the court determines that the person's return to his or her 28
county of commitment would be inappropriate considering any court-29
issued protection orders, victim safety concerns that cannot be 30
addressed through use of global positioning system technology, the 31
unavailability of appropriate treatment or facilities that would 32
adequately protect the community, negative influences on the person, 33
and the location of family or other persons or organizations offering 34
support to the person. If the court authorizes conditional release 35
based on the department's proposal to a county in a region within the 36
state other than the region that includes the person's county of 37
commitment, the court shall enter specific findings regarding its 38
decision and identify whether the release remains in line with fair 39
share principles. 40
p. 22 HB 1451
(b)(i) When the department develops a less restrictive 1
alternative placement under this section, it shall attempt to 2
identify a placement satisfying the requirements of RCW 71.09.092 3
that is aligned with fair share principles. The department shall 4
document its rationale for the recommended placement.5
(ii) If the department does not support or recommend conditional 6
release to a less restrictive alternative due to a clinical 7
determination, the department shall document its objection and 8
certify that the department is developing the less restrictive 9
alternative pursuant to a court order and not because of a clinical 10
determination. 11
(iii) When the department develops or proposes a less restrictive 12
alternative placement under this chapter, it shall be considered a 13
predisposition recommendation. 14
(iv) In developing, modifying, and enforcing less restrictive 15
alternatives, the department shall be deemed to be performing a 16
quasi-judicial function. 17
(c) If the committed person is not conditionally released to the 18
region within the state that includes his or her county of 19
commitment, the department shall provide the law and justice council 20
of the county in which the person is conditionally released with 21
notice and a written explanation, including whether the department 22
remains in compliance with fair share principles regarding releases 23
under this chapter. 24
(d) For purposes of this section, the person's county of 25
commitment means the county of the court which ordered the person's 26
commitment. 27
(e) This subsection (5) does not apply to releases to a secure 28
community transition facility under RCW 71.09.250.29
(6)(a) When ordered by the court, the department must provide 30
less restrictive alternative treatment that includes, at a minimum:31
(i) The services identified in the person's discharge plan as 32
outlined in RCW 71.09.080(4); 33
(ii) The assignment of a community care coordinator;34
(iii) Regular contacts with providers of court-ordered treatment 35
services; 36
(iv) Community escorts, if needed; 37
(v) A transition plan that addresses the person's access to 38
continued services upon unconditional discharge; 39
(vi) Financial support for necessary housing; 40
p. 23 HB 1451
(vii) Life skills training and disability accommodations, if 1
needed; and 2
(viii) Assistance in pursuing benefits, education, and 3
employment. 4
(b) At the time the department of corrections is ordered to 5
investigate a proposed less restrictive alternative placement, 6
subject to the availability of amounts appropriated for this specific 7
purpose, the department shall assign a social worker to assist the 8
person with discharge planning, pursuing benefits, and coordination 9
of care prior to release. 10
(i) The social worker shall assist the person with completing 11
applications for benefits prior to the person's release from total 12
confinement. 13
(ii) To promote continuity of care and the individual's success 14
in the community, the department social worker shall be responsible 15
for initiating a clinical transition of care between the last 16
treating clinician at the special commitment center and the person's 17
designated community treatment provider. This transition between one 18
clinical setting to another shall occur no later than 15 days before 19
an individual's release from the special commitment center.20
(iii) If applicable, the social worker shall assist the person 21
with locating any needed disability accommodations in the community 22
and with obtaining resources to help address the person's identified 23
life skills needs prior to release from total confinement.24
(7) Any service provider designated to provide inpatient or 25
outpatient treatment shall monthly, or as otherwise directed by the 26
court, submit to the court, to the department of social and health 27
services facility from which the person was released, to the 28
prosecuting agency, and to the supervising community corrections 29
officer, a report stating whether the person is complying with the 30
terms and conditions of the conditional release to a less restrictive 31
alternative. 32
(8) Each person released to a less restrictive alternative shall 33
have his or her case reviewed by the court that released him or her 34
no later than one year after such release and annually thereafter 35
until the person is unconditionally discharged. Review may occur in a 36
shorter time or more frequently, if the court, in its discretion on 37
its own motion, or on motion of the person, the secretary, or the 38
prosecuting ((agency)) agencies so ((determines)) determine. The 39
questions to be determined by the court are whether the person shall 40
p. 24 HB 1451
continue to be conditionally released to a less restrictive 1
alternative, and if so, whether a modification to the person's less 2
restrictive alternative order is appropriate to ensure the 3
conditional release remains in the best interest of the person and 4
adequate to protect the victim and the community. The court in making 5
its determination shall be aided by the periodic reports filed 6
pursuant to subsection (7) of this section and the opinions of the 7
secretary and other experts or professional persons.8
Sec. 8. RCW 71.09.097 and 2021 c 236 s 11 are each amended to 9
read as follows: 10
(1)(a) In accordance with RCW 71.09.090 and 71.09.096, the 11
department shall have the primary responsibility for developing a 12
less restrictive alternative placement. To ensure the department has 13
sufficient less restrictive alternative placements to choose from 14
that satisfy the requirements of RCW 71.09.092, subject to the 15
availability of amounts appropriated for this specific purpose, the 16
department shall use a request for proposal process to solicit and 17
contract with housing and treatment providers from across the state 18
and facilitate fair share principles among the counties. In order to 19
increase the number of housing options for individuals qualifying for 20
a less restrictive alternative, the department shall have oversight 21
of the vendors and providers who contract with the state, including 22
the authority to inspect and ensure compliance, negotiate the rates 23
charged for services, ensure adequate living conditions of housing 24
locations, and terminate contracts. The department shall maintain a 25
statewide accounting of the contracted community housing and 26
treatment providers in each county and provide a biannual report to27
the legislature and governor by December 1st on the availability and 28
adequacy of less restrictive alternative placements and the 29
department's compliance with fair share principles.30
(b) The department may not enter into a contract with a housing 31
provider until the following conditions have been met:32
(i) Upon identifying a county for possible housing, the 33
department and housing provider must contact the county legislative 34
authority and inform them of the intent to create a facility in their 35
jurisdiction;36
(ii) The department must contact the local government planning 37
agencies and consult with any federally recognized tribes and 38
academic or educational programs in the local communities affected, 39
p. 25 HB 1451
and coordinate with local government agencies to ensure opportunities 1
are provided for effective citizen input and to reduce duplication of 2
notice and meetings; 3
(iii) The department must create strategies to effectively engage 4
the public, including a way to allow community members to easily 5
submit written and oral comments;6
(iv) The department must specifically solicit feedback from any 7
federally recognized tribes and privately licensed educational 8
organizations in the local communities located within 500 feet of the 9
proposed location of the less restrictive alternative housing; and10
(v) The department, in partnership with the potential housing 11
provider, the department of corrections, county leadership, and the 12
county sheriff's office, must plan and host a minimum of one public 13
meeting in the local communities affected.14
(c) The department shall also consider whether the proposed 15
housing would be adjacent to, or immediately across the street or 16
parking lot from, a risk potential activity or facility in existence 17
at the time the site is listed for consideration.18
(2) To facilitate its duties required under this section, the 19
department shall use the following housing matrix and considerations 20
as a guide to planning and developing less restrictive alternative 21
placements. The following considerations may not be used as a reason 22
to deny a less restrictive alternative placement. 23
(a) Considerations for evaluating a proposed vendor's application 24
for less restrictive alternative housing services shall include 25
applicable state and local zoning , health, and building codes, 26
general housing requirements, availability of public services, and 27
other considerations identified in accordance with RCW 71.09.315. The 28
department shall require the housing provider to provide proof that 29
the facility is in compliance with all local zoning , health, and 30
building codes. 31
(i) General housing requirements include running water, 32
electricity, bedroom and living space of adequate size, and no mold 33
or infestations. 34
(ii) Availability of public services include availability of 35
chaperones and whether the placement is within a reasonable distance 36
to a grocery store, bank, public transportation options, and offices 37
for public services and benefits. 38
(iii) Other considerations include whether the placement is 39
consistent with fair share principles across the counties, whether 40
p. 26 HB 1451
the placement is within reasonable distance to other current or 1
planned components of the less restrictive alternative, whether the 2
placement is within reasonable distance to employment opportunities, 3
and the reliability of global positioning system technology.4
(b) Factors for evaluating less restrictive alternative options 5
for a specific individual include sex offender treatment 6
considerations, criminogenic needs and risk factors, protective 7
factors, and the specific needs of the client. 8
(i) Sex offender treatment considerations include whether the 9
housing is within a reasonable distance from the treatment provider, 10
whether the treatment provider is a good therapeutic match with the 11
client, and whether the treatment provider has relevant experience 12
and background to treat the client if the client has special needs.13
(ii) Criminogenic needs and risk factors include consideration of 14
the person's specific needs and risk factors in evaluating less 15
restrictive alternative options. 16
(iii) Protective factors include whether housing is within a 17
reasonable distance of family, friends, potential hobbies, potential 18
employment, and educational opportunities. 19
(iv) Consideration of the client's specific needs includes 20
assessing the availability of personal care assistance and in-home 21
care assistance, and whether housing is within a reasonable distance 22
of mental health, medical treatment options, and substance use 23
disorder treatment options. 24
Sec. 9. RCW 71.09.097 and 2021 c 236 s 11 are each amended to 25
read as follows: 26
(1)(a) In accordance with RCW 71.09.090, 71.09.092, and 27
71.09.096, the department shall have the primary responsibility for 28
developing a less restrictive alternative placement , and the 29
exclusive authority to operate or contract with providers to operate 30
housing options for individuals qualifying for a less restrictive 31
alternative. To ensure the department has sufficient less restrictive 32
alternative placements to choose from that satisfy the requirements 33
of RCW 71.09.092, subject to the availability of amounts appropriated 34
for this specific purpose, the department shall use a request for 35
proposal process to solicit and contract with housing and treatment 36
providers from across the state and facilitate fair share principles 37
among the ((counties)) regions within the state . In order to increase 38
the number of housing options for individuals qualifying for a less 39
p. 27 HB 1451
restrictive alternative and ensure the quality and compliance of such 1
housing, the department shall have oversight of the vendors and 2
providers who contract with the state, including the authority to 3
inspect and ensure compliance, ((negotiate)) adopt rules to establish 4
and periodically adjust a fee schedule for the rates charged for 5
services, ensure adequate living conditions of housing locations, and 6
terminate contracts. The department shall maintain a statewide 7
accounting of the contracted community housing and treatment 8
providers in each region within the state and in each county and 9
provide a biannual report to the legislature and governor by December 10
1st on the availability and adequacy of less restrictive alternative 11
placements and the department's compliance with fair share 12
principles. 13
(b) The department may not enter into a contract with a housing 14
provider until the following conditions have been met:15
(i) Upon identifying a county for possible housing, the 16
department and housing provider must contact the county legislative 17
authority and inform them of the intent to create a facility in their 18
jurisdiction;19
(ii) The department must contact the local government planning 20
agencies in the local communities affected, coordinate with local 21
government agencies, and consult with any federally recognized tribes 22
and academic or educational programs to ensure opportunities are 23
provided for effective citizen input and to reduce duplication of 24
notice and meetings;25
(iii) The department must create strategies to effectively engage 26
the public, including a way to allow community members to easily 27
submit written and oral comments;28
(iv) The department must specifically solicit feedback from any 29
federally recognized tribes and privately licensed educational 30
organizations in the local communities located within 500 feet of the 31
proposed location of the less restrictive alternative housing; and32
(v) The department, in partnership with the potential housing 33
provider, the department of corrections, county leadership, and the 34
county sheriff's office, must plan and host a minimum of one public 35
meeting in the local communities affected.36
(c) The department shall also consider whether the proposed 37
housing would be adjacent to, or immediately across the street or 38
parking lot from, a risk potential activity or facility in existence 39
at the time the site is listed for consideration.40
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(2) To facilitate its duties required under this section, the 1
department shall use the following housing matrix and considerations 2
as a guide to planning and developing less restrictive alternative 3
placements. The following considerations may not be used as a reason 4
to deny a less restrictive alternative placement. 5
(a) Considerations for evaluating a proposed vendor's application 6
for less restrictive alternative housing services shall include 7
applicable state and local zoning , health, and building codes, 8
general housing requirements, availability of public services, and 9
other considerations identified in accordance with RCW 71.09.315. The 10
department shall require the housing provider to provide proof that 11
the facility is in compliance with all local zoning , health, and 12
building codes. 13
(i) General housing requirements include running water, 14
electricity, bedroom and living space of adequate size, and no mold 15
or infestations. 16
(ii) Availability of public services include availability of 17
chaperones and whether the placement is within a reasonable distance 18
to a grocery store, bank, public transportation options, and offices 19
for public services and benefits. 20
(iii) Other considerations include whether the placement is 21
consistent with fair share principles across the ((counties)) regions 22
within the state, whether the placement is within reasonable distance 23
to other current or planned components of the less restrictive 24
alternative, whether the placement is within reasonable distance to 25
employment opportunities, and the reliability of global positioning 26
system technology. 27
(b) Factors for evaluating less restrictive alternative options 28
for a specific individual include sex offender treatment 29
considerations, criminogenic needs and risk factors, protective 30
factors, and the specific needs of the client. 31
(i) Sex offender treatment considerations include whether the 32
housing is within a reasonable distance from the treatment provider, 33
whether the treatment provider is a good therapeutic match with the 34
client, and whether the treatment provider has relevant experience 35
and background to treat the client if the client has special needs.36
(ii) Criminogenic needs and risk factors include consideration of 37
the person's specific needs and risk factors in evaluating less 38
restrictive alternative options. 39
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(iii) Protective factors include whether housing is within a 1
reasonable distance of family, friends, potential hobbies, potential 2
employment, and educational opportunities. 3
(iv) Consideration of the client's specific needs includes 4
assessing the availability of personal care assistance and in-home 5
care assistance, and whether housing is within a reasonable distance 6
of mental health, medical treatment options, and substance use 7
disorder treatment options. 8
Sec. 10. RCW 71.09.140 and 2021 c 236 s 8 are each amended to 9
read as follows: 10
(1)(a) At the time the court orders the department of corrections 11
to investigate the less restrictive alternative pursuant to RCW 12
71.09.096, or at the earliest possible date, and in no event later 13
than ((30)) 60 days before conditional release, change of address for 14
a person on conditional release, or unconditional discharge, except 15
in the event of escape, the department of social and health services 16
shall send written notice of conditional release, unconditional 17
discharge, or escape, to the following: 18
(i) The chief of police of the city, if any, in which the person 19
will reside or in which placement will be made under a less 20
restrictive alternative; 21
(ii) The sheriff of the county in which the person will reside or 22
in which placement will be made under a less restrictive alternative; 23
and 24
(iii) The sheriff of the county where the person was last 25
convicted of a sexually violent offense, if the department does not 26
know where the person will reside. 27
The department shall notify the state patrol of the release of 28
all sexually violent predators and that information shall be placed 29
in the Washington crime information center for dissemination to all 30
law enforcement. 31
(b) A return to total confinement or to a secure community 32
transition facility pending revocation or modification proceedings is 33
not considered a change of address for purposes of (a) of this 34
subsection, and an additional community notification process is not 35
required, unless conditional release is revoked under RCW 71.09.098 36
or the return lasts longer than 90 days. 37
(2) The same notice as required by subsection (1) of this section 38
shall be sent to the following if such notice has been requested in 39
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writing about a specific person found to be a sexually violent 1
predator under this chapter: 2
(a) The victim or victims of any sexually violent offenses for 3
which the person was convicted in the past or the victim's next of 4
kin if the crime was a homicide. "Next of kin" as used in this 5
section means a person's spouse, parents, siblings, and children;6
(b) Any witnesses who testified against the person in his or her 7
commitment trial under RCW 71.09.060; and 8
(c) Any person specified in writing by the prosecuting agency.9
Information regarding victims, next of kin, or witnesses 10
requesting the notice, information regarding any other person 11
specified in writing by the prosecuting agency to receive the notice, 12
and the notice are confidential and shall not be available to the 13
committed person. 14
(3) If a person committed as a sexually violent predator under 15
this chapter escapes from a department of social and health services 16
facility, the department shall immediately notify, by the most 17
reasonable and expedient means available, the chief of police of the 18
city and the sheriff of the county in which the committed person 19
resided immediately before his or her commitment as a sexually 20
violent predator, or immediately before his or her incarceration for 21
his or her most recent offense. If previously requested, the 22
department shall also notify the witnesses and the victims of the 23
sexually violent offenses for which the person was convicted in the 24
past or the victim's next of kin if the crime was a homicide. If the 25
person is recaptured, the department shall send notice to the persons 26
designated in this subsection as soon as possible but in no event 27
later than two working days after the department learns of such 28
recapture. 29
(4) If the victim or victims of any sexually violent offenses for 30
which the person was convicted in the past or the victim's next of 31
kin, or any witness is under the age of 16, the notice required by 32
this section shall be sent to the parents or legal guardian of the 33
child. 34
(5) The department of social and health services shall send the 35
notices required by this chapter to the last address provided to the 36
department by the requesting party. The requesting party shall 37
furnish the department with a current address. 38
(6) Nothing in this section shall impose any liability upon a 39
chief of police of a city or sheriff of a county for failing to 40
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request in writing a notice as provided in subsection (1) of this 1
section. 2
Sec. 11. RCW 9.94A.717 and 2020 c 275 s 2 are each amended to 3
read as follows: 4
(1) If an offender sentenced under this chapter or chapter 9.94B 5
RCW is supervised by the department, the offender may earn 6
supervision compliance credit in accordance with procedures that are 7
developed and adopted by the department. 8
(a) The supervision compliance credit shall be awarded to 9
offenders who are in compliance with supervision terms and are making 10
progress towards the goals of their individualized supervision case 11
plan, including: Participation in specific targeted interventions, 12
risk-related programming, or treatment; or completing steps towards 13
specific targeted goals that enhance protective factors and 14
stability, as determined by the department. 15
(b) For each month in compliance with community custody 16
conditions in accordance with (a) of this subsection, an offender may 17
earn supervision compliance credit of ten days. 18
(c) Supervision compliance credit is accrued monthly and time 19
shall not be applied to an offender's term of supervision prior to 20
the earning of the time. 21
(2) An offender is not eligible to earn supervision compliance 22
credit if he or she: 23
(a) Was sentenced under RCW 9.94A.507 or 10.95.030;24
(b) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, or 25
9.94A.670; 26
(c) Is subject to supervision pursuant to RCW 9.94A.745;27
(d) Has an indeterminate sentence and is subject to parole 28
pursuant to RCW 9.95.017; or 29
(e) Is serving community custody pursuant to early release under 30
RCW 9.94A.730. 31
(3) An offender is not eligible to earn supervision compliance 32
credit on any cause being served concurrently with a less restrictive 33
alternative subject to supervision pursuant to RCW 71.09.092.34
NEW SECTION. Sec. 12. (1) The department of social and health 35
services shall review its statewide accounting of the contracted 36
community housing and treatment providers in each county and develop:37
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(a) Recommendations for revising fair share principles to target 1
an adequate regional distribution of options for conditional release 2
housing placements, rather than a county-by-county distribution of 3
such options; and 4
(b) A proposed regional map of the state to reflect the revised 5
fair share principles. 6
(2) In developing its recommendations for revising fair share 7
principles and its proposed regional map, the department of social 8
and health services shall consider: 9
(a) Existing and future availability of public services in each 10
region, including availability of chaperones in each region and 11
whether each region is able to provide an adequate number of 12
placement options within a reasonable distance from grocery stores, 13
banks, public transportation options, and offices for public services 14
and benefits; 15
(b) Existing and future availability of sex offender treatment 16
options in each region, including whether each region is able to 17
provide an adequate number of placement options within a reasonable 18
distance from treatment providers that have relevant experience and 19
background to treat clients with acute needs; 20
(c) Existing and future availability of personal care assistance 21
and in-home care assistance in each region, including whether each 22
region is able to provide an adequate number of placement options 23
within a reasonable distance from mental health, medical treatment, 24
and substance use disorder treatment options; 25
(d) Community safety factors, including whether each region is 26
able to provide an adequate number of placement options away from 27
risk potential activities or risk potential facilities, such as 28
schools, playgrounds, and youth camps; and 29
(e) Protective factors, including whether each region is able to 30
provide an adequate number of placement options a reasonable distance 31
from potential hobbies, employment, and educational opportunities.32
(3) By December 1, 2025, the department of social and health 33
services shall submit a report with its recommendations and proposed 34
regional map to the governor and appropriate committees of the 35
legislature. 36
(4) This section expires August 1, 2026. 37
NEW SECTION. Sec. 13. Sections 1, 4, 6, and 8 of this act 38
expire August 1, 2026.39
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NEW SECTION. Sec. 14. Sections 2, 5, 7, and 9 of this act take 1
effect August 1, 2026.2
NEW SECTION. Sec. 15. If any provision of this act or its 3
application to any person or circumstance is held invalid, the 4
remainder of the act or the application of the provision to other 5
persons or circumstances is not affected.6
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