Less restrictive alt/schools

AN ACT Relating to prohibiting sexually violent predators from 1
being placed in less restrictive alternatives within 500 feet of, or 2
with a sight line to, certain facilities or schools; and amending RCW 3
71.09.096. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 71.09.096 and 2025 c 33 s 1 are each amended to read 6
as follows: 7
(1) If the court or jury determines that conditional release to a 8
less restrictive alternative is in the best interest of the person 9
and includes conditions that would adequately protect the community, 10
and the court determines that the minimum conditions set forth in RCW 11
71.09.092 and in this section are met, the court shall enter judgment 12
and direct a conditional release. 13
(2) The court shall impose any additional conditions necessary to 14
ensure compliance with treatment and to protect the community. If the 15
court finds that conditions do not exist that will both ensure the 16
person's compliance with treatment and protect the community, then 17
the person shall be remanded to the custody of the department of 18
social and health services for control, care, and treatment in a 19
secure facility as designated in RCW 71.09.060(1).20
H-3203.1
HOUSE BILL 2694
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 2694
(3) If the service provider designated by the court to provide 1
inpatient or outpatient treatment or to monitor or supervise any 2
other terms and conditions of a person's placement in a less 3
restrictive alternative is other than the department of social and 4
health services or the department of corrections, then the service 5
provider so designated must agree in writing to provide such 6
treatment, monitoring, or supervision in accord with this section. 7
Any person providing or agreeing to provide treatment, monitoring, or 8
supervision services pursuant to this chapter may be compelled to 9
testify and any privilege with regard to such person's testimony is 10
deemed waived. 11
(4)(a) Prior to authorizing any release to a less restrictive 12
alternative, the court shall impose such conditions upon the person 13
as are necessary to ensure the safety of the community, which must 14
include, at minimum, the condition that the person will be subject to 15
electronic monitoring that, to the extent feasible, provides real-16
time tracking, programmable inclusion and exclusion zones, and the 17
ability to provide notifications if the person tampers with the 18
monitoring device or enters an exclusion zone. In imposing 19
conditions, the court must impose a restriction on the proximity of 20
the person's residence to public or private schools providing 21
instruction to kindergarten or any grades one through 12 in 22
accordance with RCW 72.09.340 and to recreational facilities as 23
defined in RCW 36.69.010. Courts shall ((require a minimum distance 24
restriction of 500 feet on the proximity of )) prohibit the person's 25
residence from having a sight line to any child care facilities 26
((and)), public or private schools providing instruction to 27
kindergarten or any grades one through 12 , and recreational 28
facilities as defined in RCW 36.69.010, and shall require a minimum 29
distance restriction of 500 feet from such facilities and schools . 30
The court shall order the department of corrections to investigate 31
the less restrictive alternative and, within 60 days of the order to 32
investigate, recommend any additional conditions to the court. These 33
conditions shall be individualized to address the person's specific 34
risk factors and criminogenic needs and may include, but are not 35
limited to, the following: Specification of residence or restrictions 36
on residence including distance restrictions, specification of 37
contact with a reasonable number of individuals upon the person's 38
request who are verified by the department of corrections to be 39
appropriate social contacts, prohibition of contact with potential or 40
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past victims, prohibition of alcohol and other drug use, 1
participation in a specific course of inpatient or outpatient 2
treatment that may include monitoring by the use of polygraph and 3
plethysmograph, monitoring through the use of global positioning 4
system technology, supervision by a department of corrections 5
community corrections officer, a requirement that the person remain 6
within the state unless the person receives prior authorization by 7
the court, and any other conditions that the court determines are in 8
the best interest of the person or others. A copy of the conditions 9
of release shall be given to the person and to any designated service 10
providers. 11
(b) To the greatest extent possible, the person, person's 12
counsel, prosecuting agency responsible for the initial commitment, 13
treatment provider, supervising community corrections officer, and 14
appropriate clinical staff of the special commitment center shall 15
meet and collaborate to craft individualized, narrowly tailored, and 16
empirically based conditions to present to the court to help 17
facilitate the person's successful transition to the community.18
(5)(a) Prior to authorizing release to a less restrictive 19
alternative proposed by the department, the court shall consider 20
whether the person's less restrictive alternative placement is in 21
accordance with fair share principles. To ensure equitable 22
distribution of releases, and prevent the disproportionate grouping 23
of persons subject to less restrictive orders in any one county, or 24
in any one jurisdiction or community within a county, the legislature 25
finds it is appropriate for releases to a less restrictive 26
alternative to occur in a manner that adheres to fair share 27
principles. The legislature recognizes that there may be reasons why 28
the department may not recommend that a person be released to his or 29
her county of commitment, including availability of individualized 30
resources, the person's support needs, or when the court determines 31
that the person's return to his or her county of commitment would be 32
inappropriate considering any court-issued protection orders, victim 33
safety concerns that cannot be addressed through use of global 34
positioning system technology, the unavailability of appropriate 35
treatment or facilities that would adequately protect the community, 36
negative influences on the person, and the location of family or 37
other persons or organizations offering support to the person. If the 38
court authorizes conditional release based on the department's 39
proposal to a county other than the county of commitment, the court 40
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shall enter specific findings regarding its decision and identify 1
whether the release remains in line with fair share principles.2
(b)(i) When the department develops a less restrictive 3
alternative placement under this section, it shall attempt to 4
identify a placement satisfying the requirements of RCW 71.09.092 5
that is aligned with fair share principles. The department shall 6
document its rationale for the recommended placement.7
(ii) If the department does not support or recommend conditional 8
release to a less restrictive alternative due to a clinical 9
determination, the department shall document its objection and 10
certify that the department is developing the less restrictive 11
alternative pursuant to a court order and not because of a clinical 12
determination. 13
(iii) When the department develops or proposes a less restrictive 14
alternative placement under this chapter, it shall be considered a 15
predisposition recommendation. 16
(iv) In developing, modifying, and enforcing less restrictive 17
alternatives, the department shall be deemed to be performing a 18
quasi-judicial function. 19
(c) If the committed person is not conditionally released to his 20
or her county of commitment, the department shall provide the law and 21
justice council of the county in which the person is conditionally 22
released with notice and a written explanation, including whether the 23
department remains in compliance with fair share principles regarding 24
releases under this chapter. 25
(d) For purposes of this section, the person's county of 26
commitment means the county of the court which ordered the person's 27
commitment. 28
(e) This subsection (5) does not apply to releases to a secure 29
community transition facility under RCW 71.09.250.30
(6)(a) When ordered by the court, the department must provide 31
less restrictive alternative treatment that includes, at a minimum:32
(i) The services identified in the person's discharge plan as 33
outlined in RCW 71.09.080(4); 34
(ii) The assignment of a community care coordinator;35
(iii) Regular contacts with providers of court-ordered treatment 36
services; 37
(iv) Community escorts, if needed; 38
(v) A transition plan that addresses the person's access to 39
continued services upon unconditional discharge; 40
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(vi) Financial support for necessary housing; 1
(vii) Life skills training and disability accommodations, if 2
needed; and 3
(viii) Assistance in pursuing benefits, education, and 4
employment. 5
(b) At the time the department of corrections is ordered to 6
investigate a proposed less restrictive alternative placement, 7
subject to the availability of amounts appropriated for this specific 8
purpose, the department shall assign a social worker to assist the 9
person with discharge planning, pursuing benefits, and coordination 10
of care prior to release. 11
(i) The social worker shall assist the person with completing 12
applications for benefits prior to the person's release from total 13
confinement. 14
(ii) To promote continuity of care and the individual's success 15
in the community, the department social worker shall be responsible 16
for initiating a clinical transition of care between the last 17
treating clinician at the special commitment center and the person's 18
designated community treatment provider. This transition between one 19
clinical setting to another shall occur no later than 15 days before 20
an individual's release from the special commitment center.21
(iii) If applicable, the social worker shall assist the person 22
with locating any needed disability accommodations in the community 23
and with obtaining resources to help address the person's identified 24
life skills needs prior to release from total confinement.25
(7) Any service provider designated to provide inpatient or 26
outpatient treatment shall monthly, or as otherwise directed by the 27
court, submit to the court, to the department of social and health 28
services facility from which the person was released, to the 29
prosecuting agency, and to the supervising community corrections 30
officer, a report stating whether the person is complying with the 31
terms and conditions of the conditional release to a less restrictive 32
alternative. 33
(8) Each person released to a less restrictive alternative shall 34
have his or her case reviewed by the court that released him or her 35
no later than one year after such release and annually thereafter 36
until the person is unconditionally discharged. Review may occur in a 37
shorter time or more frequently, if the court, in its discretion on 38
its own motion, or on motion of the person, the secretary, or the 39
prosecuting agency so determines. The questions to be determined by 40
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the court are whether the person shall continue to be conditionally 1
released to a less restrictive alternative, and if so, whether a 2
modification to the person's less restrictive alternative order is 3
appropriate to ensure the conditional release remains in the best 4
interest of the person and adequate to protect the victim and the 5
community. The court in making its determination shall be aided by 6
the periodic reports filed pursuant to subsection (7) of this section 7
and the opinions of the secretary and other experts or professional 8
persons. 9
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