Less restrictive alt./areas

AN ACT Relating to prohibiting sexually violent predators from 1
being placed in less restrictive alternatives located in areas with a 2
high concentration of children; and amending RCW 71.09.020, 3
71.09.092, and 71.09.096. 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
H-3202.1
HOUSE BILL 2693
State of Washington 69th Legislature 2026 Regular Session
By Representatives Barnard, Connors, Eslick, and Rude
Read first time 01/28/26. Referred to Committee on Community Safety.
p. 1 HB 2693
(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. A less restrictive alternative 12
may only include a placement that has been investigated and verified 13
by the department as being in a location where the ratio of adults to 14
children residing within a 500-foot radius of the placement exceeds a 15
ratio of three to one.16
(8) "Likely to engage in predatory acts of sexual violence if not 17
confined in a secure facility" means that the person more probably 18
than not will engage in such acts if released unconditionally from 19
detention on the sexually violent predator petition. Such likelihood 20
must be evidenced by a recent overt act if the person is not totally 21
confined at the time the petition is filed under RCW 71.09.030.22
(9) "Mental abnormality" means a congenital or acquired condition 23
affecting the emotional or volitional capacity which predisposes the 24
person to the commission of criminal sexual acts in a degree 25
constituting such person a menace to the health and safety of others.26
(10) "Personality disorder" means an enduring pattern of inner 27
experience and behavior that deviates markedly from the expectations 28
of the individual's culture, is pervasive and inflexible, has onset 29
in adolescence or early adulthood, is stable over time and leads to 30
distress or impairment. Purported evidence of a personality disorder 31
must be supported by testimony of a licensed forensic psychologist or 32
psychiatrist. 33
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 34
individuals with whom a relationship has been established or promoted 35
for the primary purpose of victimization; or (c) persons of casual 36
acquaintance with whom no substantial personal relationship exists.37
(12) "Prosecuting agency" means the prosecuting attorney of the 38
county where the person was convicted or charged or the attorney 39
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general if requested by the prosecuting attorney, as provided in RCW 1
71.09.030. 2
(13) "Recent overt act" means any act, threat, or combination 3
thereof that has either caused harm of a sexually violent nature or 4
creates a reasonable apprehension of such harm in the mind of an 5
objective person who knows of the history and mental condition of the 6
person engaging in the act or behaviors. 7
(14) "Risk potential activity" or "risk potential facility" means 8
an activity or facility that provides a higher incidence of risk to 9
the public from persons conditionally released from the special 10
commitment center. Risk potential activities and facilities include: 11
Public and private schools, school bus stops, licensed day care and 12
licensed preschool facilities, public parks, publicly dedicated 13
trails, sports fields, playgrounds, recreational and community 14
centers, churches, synagogues, temples, mosques, public libraries, 15
public and private youth camps, and others identified by the 16
department following the hearings on a potential site required in RCW 17
71.09.315. For purposes of this chapter, "school bus stops" does not 18
include bus stops established primarily for public transit.19
(15) "Secretary" means the secretary of social and health 20
services or the secretary's designee. 21
(16) "Secure community transition facility" means a residential 22
facility for persons civilly committed and conditionally released to 23
a less restrictive alternative under this chapter. A secure community 24
transition facility has supervision and security, and either provides 25
or ensures the provision of sex offender treatment services. Secure 26
community transition facilities include but are not limited to the 27
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 28
community-based facilities established under this chapter and 29
operated by the secretary or under contract with the secretary.30
(17) "Secure facility" means a residential facility for persons 31
civilly confined under the provisions of this chapter that includes 32
security measures sufficient to protect the community. Such 33
facilities include total confinement facilities, secure community 34
transition facilities, and any residence used as a court-ordered 35
placement under RCW 71.09.096. 36
(18) "Sexually violent offense" means an act committed on, 37
before, or after July 1, 1990, that is: (a) An act defined in Title 38
9A RCW as rape in the first degree, rape in the second degree by 39
forcible compulsion, rape of a child in the first or second degree, 40
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statutory rape in the first or second degree, indecent liberties by 1
forcible compulsion, indecent liberties against a child under age 2
fourteen, incest against a child under age fourteen, or child 3
molestation in the first or second degree; (b) a felony offense in 4
effect at any time prior to July 1, 1990, that is comparable to a 5
sexually violent offense as defined in (a) of this subsection, or any 6
federal or out-of-state conviction for a felony offense that under 7
the laws of this state would be a sexually violent offense as defined 8
in this subsection; (c) an act of murder in the first or second 9
degree, assault in the first or second degree, assault of a child in 10
the first or second degree, kidnapping in the first or second degree, 11
burglary in the first degree, residential burglary, or unlawful 12
imprisonment, which act, either at the time of sentencing for the 13
offense or subsequently during civil commitment proceedings pursuant 14
to this chapter, has been determined beyond a reasonable doubt to 15
have been sexually motivated, as that term is defined in RCW 16
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 17
an attempt, criminal solicitation, or criminal conspiracy to commit 18
one of the felonies designated in (a), (b), or (c) of this 19
subsection. 20
(19) "Sexually violent predator" means any person who has been 21
convicted of or charged with a crime of sexual violence and who 22
suffers from a mental abnormality or personality disorder which makes 23
the person likely to engage in predatory acts of sexual violence if 24
not confined in a secure facility. 25
(20) "Total confinement facility" means a secure facility that 26
provides supervision and sex offender treatment services in a total 27
confinement setting. Total confinement facilities include the special 28
commitment center and any similar facility designated as a total 29
confinement facility by the secretary. 30
(21) "Treatment" means the sex offender specific treatment 31
program at the special commitment center or a specific course of sex 32
offender treatment pursuant to RCW 71.09.092 (1) and (2).33
Sec. 2. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 34
read as follows: 35
Before the court may enter an order directing conditional release 36
to a less restrictive alternative, it must find the following: (1) 37
The person will be treated by a treatment provider who is qualified 38
to provide such treatment in the state of Washington under chapter 39
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18.155 RCW; (2) the treatment provider has presented a specific 1
course of treatment and has agreed to assume responsibility for such 2
treatment and will report progress to the court on a regular basis, 3
and will report violations immediately to the court, the prosecutor, 4
the supervising community corrections officer, and the superintendent 5
of the special commitment center; (3) housing exists in Washington 6
that complies with distance restrictions, has been investigated and 7
verified by the department to be in a location where the ratio of 8
adults to children residing within a 500-foot radius of the housing 9
exceeds a ratio of three to one, is sufficiently secure to protect 10
the community, and the person or agency providing housing to the 11
conditionally released person has agreed in writing to accept the 12
person, to provide the level of security required by the court, and 13
immediately to report to the court, the prosecutor, the supervising 14
community corrections officer, and the superintendent of the special 15
commitment center if the person leaves the housing to which he or she 16
has been assigned without authorization; (4) if the department has 17
proposed housing that is outside of the county of commitment, a 18
documented effort was made by the department to ensure that placement 19
is consistent with fair share principles of release; (5) the person 20
is willing to comply with the treatment provider and all requirements 21
imposed by the treatment provider and by the court; and (6) the 22
person will be under the supervision of the department of corrections 23
and is willing to comply with supervision requirements imposed by the 24
department of corrections. 25
Sec. 3. RCW 71.09.096 and 2025 c 33 s 1 are each amended to read 26
as follows: 27
(1) If the court or jury determines that conditional release to a 28
less restrictive alternative is in the best interest of the person 29
and includes conditions that would adequately protect the community, 30
and the court determines that the minimum conditions set forth in RCW 31
71.09.092 and in this section are met, the court shall enter judgment 32
and direct a conditional release. 33
(2) The court shall impose any additional conditions necessary to 34
ensure compliance with treatment and to protect the community. If the 35
court finds that conditions do not exist that will both ensure the 36
person's compliance with treatment and protect the community, then 37
the person shall be remanded to the custody of the department of 38
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social and health services for control, care, and treatment in a 1
secure facility as designated in RCW 71.09.060(1). 2
(3) If the service provider designated by the court to provide 3
inpatient or outpatient treatment or to monitor or supervise any 4
other terms and conditions of a person's placement in a less 5
restrictive alternative is other than the department of social and 6
health services or the department of corrections, then the service 7
provider so designated must agree in writing to provide such 8
treatment, monitoring, or supervision in accord with this section. 9
Any person providing or agreeing to provide treatment, monitoring, or 10
supervision services pursuant to this chapter may be compelled to 11
testify and any privilege with regard to such person's testimony is 12
deemed waived. 13
(4)(a) Prior to authorizing any release to a less restrictive 14
alternative, the court shall impose such conditions upon the person 15
as are necessary to ensure the safety of the community, which must 16
include, at minimum, the condition that the person will be subject to 17
electronic monitoring that, to the extent feasible, provides real-18
time tracking, programmable inclusion and exclusion zones, and the 19
ability to provide notifications if the person tampers with the 20
monitoring device or enters an exclusion zone. In imposing 21
conditions, the court must impose a restriction on the proximity of 22
the person's residence to public or private schools providing 23
instruction to kindergarten or any grades one through 12 in 24
accordance with RCW 72.09.340. Courts shall require a minimum 25
distance restriction of 500 feet on the proximity of the person's 26
residence to child care facilities and public or private schools 27
providing instruction to kindergarten or any grades one through 12. 28
Courts shall also require that the person's residence be in a 29
location where the ratio of adults to children residing within a 500-30
foot radius of the residence exceeds a ratio of three to one, as 31
investigated and verified by the department. The court shall order 32
the department of corrections to investigate the less restrictive 33
alternative and, within 60 days of the order to investigate, 34
recommend any additional conditions to the court. These conditions 35
shall be individualized to address the person's specific risk factors 36
and criminogenic needs and may include, but are not limited to, the 37
following: Specification of residence or restrictions on residence 38
including distance restrictions, specification of contact with a 39
reasonable number of individuals upon the person's request who are 40
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verified by the department of corrections to be appropriate social 1
contacts, prohibition of contact with potential or past victims, 2
prohibition of alcohol and other drug use, participation in a 3
specific course of inpatient or outpatient treatment that may include 4
monitoring by the use of polygraph and plethysmograph, monitoring 5
through the use of global positioning system technology, supervision 6
by a department of corrections community corrections officer, a 7
requirement that the person remain within the state unless the person 8
receives prior authorization by the court, and any other conditions 9
that the court determines are in the best interest of the person or 10
others. A copy of the conditions of release shall be given to the 11
person and to any designated service providers. 12
(b) To the greatest extent possible, the person, person's 13
counsel, prosecuting agency responsible for the initial commitment, 14
treatment provider, supervising community corrections officer, and 15
appropriate clinical staff of the special commitment center shall 16
meet and collaborate to craft individualized, narrowly tailored, and 17
empirically based conditions to present to the court to help 18
facilitate the person's successful transition to the community.19
(5)(a) Prior to authorizing release to a less restrictive 20
alternative proposed by the department, the court shall consider 21
whether the person's less restrictive alternative placement is in 22
accordance with fair share principles. To ensure equitable 23
distribution of releases, and prevent the disproportionate grouping 24
of persons subject to less restrictive orders in any one county, or 25
in any one jurisdiction or community within a county, the legislature 26
finds it is appropriate for releases to a less restrictive 27
alternative to occur in a manner that adheres to fair share 28
principles. The legislature recognizes that there may be reasons why 29
the department may not recommend that a person be released to his or 30
her county of commitment, including availability of individualized 31
resources, the person's support needs, or when the court determines 32
that the person's return to his or her county of commitment would be 33
inappropriate considering any court-issued protection orders, victim 34
safety concerns that cannot be addressed through use of global 35
positioning system technology, the unavailability of appropriate 36
treatment or facilities that would adequately protect the community, 37
negative influences on the person, and the location of family or 38
other persons or organizations offering support to the person. If the 39
court authorizes conditional release based on the department's 40
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proposal to a county other than the county of commitment, the court 1
shall enter specific findings regarding its decision and identify 2
whether the release remains in line with fair share principles.3
(b)(i) When the department develops a less restrictive 4
alternative placement under this section, it shall attempt to 5
identify a placement satisfying the requirements of RCW 71.09.092 6
that is aligned with fair share principles. The department shall 7
document its rationale for the recommended placement.8
(ii) If the department does not support or recommend conditional 9
release to a less restrictive alternative due to a clinical 10
determination, the department shall document its objection and 11
certify that the department is developing the less restrictive 12
alternative pursuant to a court order and not because of a clinical 13
determination. 14
(iii) When the department develops or proposes a less restrictive 15
alternative placement under this chapter, it shall be considered a 16
predisposition recommendation. 17
(iv) In developing, modifying, and enforcing less restrictive 18
alternatives, the department shall be deemed to be performing a 19
quasi-judicial function. 20
(c) If the committed person is not conditionally released to his 21
or her county of commitment, the department shall provide the law and 22
justice council of the county in which the person is conditionally 23
released with notice and a written explanation, including whether the 24
department remains in compliance with fair share principles regarding 25
releases under this chapter. 26
(d) For purposes of this section, the person's county of 27
commitment means the county of the court which ordered the person's 28
commitment. 29
(e) This subsection (5) does not apply to releases to a secure 30
community transition facility under RCW 71.09.250.31
(6)(a) When ordered by the court, the department must provide 32
less restrictive alternative treatment that includes, at a minimum:33
(i) The services identified in the person's discharge plan as 34
outlined in RCW 71.09.080(4); 35
(ii) The assignment of a community care coordinator;36
(iii) Regular contacts with providers of court-ordered treatment 37
services; 38
(iv) Community escorts, if needed; 39
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(v) A transition plan that addresses the person's access to 1
continued services upon unconditional discharge; 2
(vi) Financial support for necessary housing; 3
(vii) Life skills training and disability accommodations, if 4
needed; and 5
(viii) Assistance in pursuing benefits, education, and 6
employment. 7
(b) At the time the department of corrections is ordered to 8
investigate a proposed less restrictive alternative placement, 9
subject to the availability of amounts appropriated for this specific 10
purpose, the department shall assign a social worker to assist the 11
person with discharge planning, pursuing benefits, and coordination 12
of care prior to release. 13
(i) The social worker shall assist the person with completing 14
applications for benefits prior to the person's release from total 15
confinement. 16
(ii) To promote continuity of care and the individual's success 17
in the community, the department social worker shall be responsible 18
for initiating a clinical transition of care between the last 19
treating clinician at the special commitment center and the person's 20
designated community treatment provider. This transition between one 21
clinical setting to another shall occur no later than 15 days before 22
an individual's release from the special commitment center.23
(iii) If applicable, the social worker shall assist the person 24
with locating any needed disability accommodations in the community 25
and with obtaining resources to help address the person's identified 26
life skills needs prior to release from total confinement.27
(7) Any service provider designated to provide inpatient or 28
outpatient treatment shall monthly, or as otherwise directed by the 29
court, submit to the court, to the department of social and health 30
services facility from which the person was released, to the 31
prosecuting agency, and to the supervising community corrections 32
officer, a report stating whether the person is complying with the 33
terms and conditions of the conditional release to a less restrictive 34
alternative. 35
(8) Each person released to a less restrictive alternative shall 36
have his or her case reviewed by the court that released him or her 37
no later than one year after such release and annually thereafter 38
until the person is unconditionally discharged. Review may occur in a 39
shorter time or more frequently, if the court, in its discretion on 40
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its own motion, or on motion of the person, the secretary, or the 1
prosecuting agency so determines. The questions to be determined by 2
the court are whether the person shall continue to be conditionally 3
released to a less restrictive alternative, and if so, whether a 4
modification to the person's less restrictive alternative order is 5
appropriate to ensure the conditional release remains in the best 6
interest of the person and adequate to protect the victim and the 7
community. The court in making its determination shall be aided by 8
the periodic reports filed pursuant to subsection (7) of this section 9
and the opinions of the secretary and other experts or professional 10
persons. 11
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