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AN ACT Relating to requiring the court to consider 1
recommendations from the prosecutor before approving a less 2
restrictive alternative for a sexually violent predator; and amending 3
RCW 71.09.092. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 6
read as follows: 7
(1) Before the court may enter an order directing conditional 8
release to a less restrictive alternative, it must find the 9
following: (((1))) (a) The person will be treated by a treatment 10
provider who is qualified to provide such treatment in the state of 11
Washington under chapter 18.155 RCW; (((2))) (b) the treatment 12
provider has presented a specific course of treatment and has agreed 13
to assume responsibility for such treatment and will report progress 14
to the court on a regular basis, and will report violations 15
immediately to the court, the prosecutor, the supervising community 16
corrections officer, and the superintendent of the special commitment 17
center; (((3))) (c) housing exists in Washington that complies with 18
distance restrictions, is sufficiently secure to protect the 19
community, and the person or agency providing housing to the 20
conditionally released person has agreed in writing to accept the 21
H-3214.1
HOUSE BILL 2698
State of Washington 69th Legislature 2026 Regular Session
By Representatives Barnard, Connors, and Rude
Read first time 01/28/26. Referred to Committee on Community Safety.
p. 1 HB 2698
person, to provide the level of security required by the court, and 1
immediately to report to the court, the prosecutor, the supervising 2
community corrections officer, and the superintendent of the special 3
commitment center if the person leaves the housing to which he or she 4
has been assigned without authorization; (((4))) (d) if the 5
department has proposed housing that is outside of the county of 6
commitment, a documented effort was made by the department to ensure 7
that placement is consistent with fair share principles of release; 8
(((5))) (e) the person is willing to comply with the treatment 9
provider and all requirements imposed by the treatment provider and 10
by the court; and (((6))) (f) the person will be under the 11
supervision of the department of corrections and is willing to comply 12
with supervision requirements imposed by the department of 13
corrections. 14
(2) Prior to making the findings required in subsection (1) of 15
this section, the court shall allow the prosecutor of the county in 16
which the housing proposed for the conditionally released person is 17
located to make recommendations on the appropriateness of the 18
proposed housing for the conditionally released person. The court 19
shall consider the recommendations of the prosecutor before making 20
the findings required in subsection (1) of this section and shall 21
explain the court's reasoning in writing if the court's findings 22
materially differ from the prosecutor's recommendations.23
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p. 2 HB 2698