Less restrictive alt./owners

AN ACT Relating to requiring a less restrictive alternative 1
placement to be owned and operated by the same individuals; and 2
amending RCW 71.09.096. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 71.09.096 and 2025 c 33 s 1 are each amended to read 5
as follows: 6
(1) If the court or jury determines that conditional release to a 7
less restrictive alternative is in the best interest of the person 8
and includes conditions that would adequately protect the community, 9
and the court determines that the minimum conditions set forth in RCW 10
71.09.092 and in this section are met, the court shall enter judgment 11
and direct a conditional release. 12
(2) The court shall impose any additional conditions necessary to 13
ensure compliance with treatment and to protect the community. If the 14
court finds that conditions do not exist that will both ensure the 15
person's compliance with treatment and protect the community, then 16
the person shall be remanded to the custody of the department of 17
social and health services for control, care, and treatment in a 18
secure facility as designated in RCW 71.09.060(1).19
(3) If the service provider designated by the court to provide 20
inpatient or outpatient treatment or to monitor or supervise any 21
H-3161.1
HOUSE BILL 2696
State of Washington 69th Legislature 2026 Regular Session
By Representatives Connors, Barnard, and Rude
Read first time 01/28/26. Referred to Committee on Community Safety.
p. 1 HB 2696
other terms and conditions of a person's placement in a less 1
restrictive alternative is other than the department of social and 2
health services or the department of corrections, then the service 3
provider so designated must agree in writing to provide such 4
treatment, monitoring, or supervision in accord with this section. 5
Any person providing or agreeing to provide treatment, monitoring, or 6
supervision services pursuant to this chapter may be compelled to 7
testify and any privilege with regard to such person's testimony is 8
deemed waived. 9
(4)(a) Prior to authorizing any release to a less restrictive 10
alternative, the court shall impose such conditions upon the person 11
as are necessary to ensure the safety of the community, which must 12
include, at minimum, the condition that the person will be subject to 13
electronic monitoring that, to the extent feasible, provides real-14
time tracking, programmable inclusion and exclusion zones, and the 15
ability to provide notifications if the person tampers with the 16
monitoring device or enters an exclusion zone. In imposing 17
conditions, the court must impose a restriction on the proximity of 18
the person's residence to public or private schools providing 19
instruction to kindergarten or any grades one through 12 in 20
accordance with RCW 72.09.340. Courts shall require a minimum 21
distance restriction of 500 feet on the proximity of the person's 22
residence to child care facilities and public or private schools 23
providing instruction to kindergarten or any grades one through 12. 24
The court shall order the department of corrections to investigate 25
the less restrictive alternative and, within 60 days of the order to 26
investigate, recommend any additional conditions to the court. These 27
conditions shall be individualized to address the person's specific 28
risk factors and criminogenic needs and may include, but are not 29
limited to, the following: Specification of residence or restrictions 30
on residence including distance restrictions, specification of 31
contact with a reasonable number of individuals upon the person's 32
request who are verified by the department of corrections to be 33
appropriate social contacts, prohibition of contact with potential or 34
past victims, prohibition of alcohol and other drug use, 35
participation in a specific course of inpatient or outpatient 36
treatment that may include monitoring by the use of polygraph and 37
plethysmograph, monitoring through the use of global positioning 38
system technology, supervision by a department of corrections 39
community corrections officer, a requirement that the person remain 40
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within the state unless the person receives prior authorization by 1
the court, and any other conditions that the court determines are in 2
the best interest of the person or others. A copy of the conditions 3
of release shall be given to the person and to any designated service 4
providers. 5
(b) To the greatest extent possible, the person, person's 6
counsel, prosecuting agency responsible for the initial commitment, 7
treatment provider, supervising community corrections officer, and 8
appropriate clinical staff of the special commitment center shall 9
meet and collaborate to craft individualized, narrowly tailored, and 10
empirically based conditions to present to the court to help 11
facilitate the person's successful transition to the community.12
(c) Prior to authorizing release to a less restrictive 13
alternative, the court shall confirm that the residence is owned by 14
the same person or persons who will be providing or monitoring the 15
person's treatment.16
(5)(a) Prior to authorizing release to a less restrictive 17
alternative proposed by the department, the court shall consider 18
whether the person's less restrictive alternative placement is in 19
accordance with fair share principles. To ensure equitable 20
distribution of releases, and prevent the disproportionate grouping 21
of persons subject to less restrictive orders in any one county, or 22
in any one jurisdiction or community within a county, the legislature 23
finds it is appropriate for releases to a less restrictive 24
alternative to occur in a manner that adheres to fair share 25
principles. The legislature recognizes that there may be reasons why 26
the department may not recommend that a person be released to his or 27
her county of commitment, including availability of individualized 28
resources, the person's support needs, or when the court determines 29
that the person's return to his or her county of commitment would be 30
inappropriate considering any court-issued protection orders, victim 31
safety concerns that cannot be addressed through use of global 32
positioning system technology, the unavailability of appropriate 33
treatment or facilities that would adequately protect the community, 34
negative influences on the person, and the location of family or 35
other persons or organizations offering support to the person. If the 36
court authorizes conditional release based on the department's 37
proposal to a county other than the county of commitment, the court 38
shall enter specific findings regarding its decision and identify 39
whether the release remains in line with fair share principles.40
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(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 his 18
or her county of commitment, the department shall provide the law and 19
justice council of the county in which the person is conditionally 20
released with notice and a written explanation, including whether the 21
department remains in compliance with fair share principles regarding 22
releases under this chapter. 23
(d) For purposes of this section, the person's county of 24
commitment means the county of the court which ordered the person's 25
commitment. 26
(e) This subsection (5) does not apply to releases to a secure 27
community transition facility under RCW 71.09.250.28
(6)(a) When ordered by the court, the department must provide 29
less restrictive alternative treatment that includes, at a minimum:30
(i) The services identified in the person's discharge plan as 31
outlined in RCW 71.09.080(4); 32
(ii) The assignment of a community care coordinator;33
(iii) Regular contacts with providers of court-ordered treatment 34
services; 35
(iv) Community escorts, if needed; 36
(v) A transition plan that addresses the person's access to 37
continued services upon unconditional discharge; 38
(vi) Financial support for necessary housing; 39
p. 4 HB 2696
(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 so determines. The questions to be determined by 39
the court are whether the person shall continue to be conditionally 40
p. 5 HB 2696
released to a less restrictive alternative, and if so, whether a 1
modification to the person's less restrictive alternative order is 2
appropriate to ensure the conditional release remains in the best 3
interest of the person and adequate to protect the victim and the 4
community. The court in making its determination shall be aided by 5
the periodic reports filed pursuant to subsection (7) of this section 6
and the opinions of the secretary and other experts or professional 7
persons. 8
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p. 6 HB 2696