Less restrictive alt./DSHS

AN ACT Relating to requiring all less restrictive alternatives 1
for sexually violent predators to be operated by the department of 2
social and health services or a contracted provider; amending RCW 3
71.09.020, 71.09.092, and 71.09.097; and providing an effective date.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-3123.1
HOUSE BILL 2704
State of Washington 69th Legislature 2026 Regular Session
By Representatives Couture, Leavitt, Griffey, Connors, Barnard,
Dufault, Ormsby, Jacobsen, and Eslick
Read first time 01/29/26. Referred to Committee on Community Safety.
p. 1 HB 2704
(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 that is operated 9
by the department or a provider under contract with the department, 10
and which satisfies the conditions set forth in RCW 71.09.092. A less 11
restrictive alternative may not include placement in the community 12
protection program as pursuant to RCW 71A.12.230. 13
(8) "Likely to engage in predatory acts of sexual violence if not 14
confined in a secure facility" means that the person more probably 15
than not will engage in such acts if released unconditionally from 16
detention on the sexually violent predator petition. Such likelihood 17
must be evidenced by a recent overt act if the person is not totally 18
confined at the time the petition is filed under RCW 71.09.030.19
(9) "Mental abnormality" means a congenital or acquired condition 20
affecting the emotional or volitional capacity which predisposes the 21
person to the commission of criminal sexual acts in a degree 22
constituting such person a menace to the health and safety of others.23
(10) "Personality disorder" means an enduring pattern of inner 24
experience and behavior that deviates markedly from the expectations 25
of the individual's culture, is pervasive and inflexible, has onset 26
in adolescence or early adulthood, is stable over time and leads to 27
distress or impairment. Purported evidence of a personality disorder 28
must be supported by testimony of a licensed forensic psychologist or 29
psychiatrist. 30
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 31
individuals with whom a relationship has been established or promoted 32
for the primary purpose of victimization; or (c) persons of casual 33
acquaintance with whom no substantial personal relationship exists.34
(12) "Prosecuting agency" means the prosecuting attorney of the 35
county where the person was convicted or charged or the attorney 36
general if requested by the prosecuting attorney, as provided in RCW 37
71.09.030. 38
(13) "Recent overt act" means any act, threat, or combination 39
thereof that has either caused harm of a sexually violent nature or 40
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creates a reasonable apprehension of such harm in the mind of an 1
objective person who knows of the history and mental condition of the 2
person engaging in the act or behaviors. 3
(14) "Risk potential activity" or "risk potential facility" means 4
an activity or facility that provides a higher incidence of risk to 5
the public from persons conditionally released from the special 6
commitment center. Risk potential activities and facilities include: 7
Public and private schools, school bus stops, licensed day care and 8
licensed preschool facilities, public parks, publicly dedicated 9
trails, sports fields, playgrounds, recreational and community 10
centers, churches, synagogues, temples, mosques, public libraries, 11
public and private youth camps, and others identified by the 12
department following the hearings on a potential site required in RCW 13
71.09.315. For purposes of this chapter, "school bus stops" does not 14
include bus stops established primarily for public transit.15
(15) "Secretary" means the secretary of social and health 16
services or the secretary's designee. 17
(16) "Secure community transition facility" means a residential 18
facility for persons civilly committed and conditionally released to 19
a less restrictive alternative under this chapter. A secure community 20
transition facility has supervision and security, and either provides 21
or ensures the provision of sex offender treatment services. Secure 22
community transition facilities include but are not limited to the 23
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 24
community-based facilities established under this chapter and 25
operated by the secretary or under contract with the secretary.26
(17) "Secure facility" means a residential facility for persons 27
civilly confined under the provisions of this chapter that includes 28
security measures sufficient to protect the community. Such 29
facilities include total confinement facilities, secure community 30
transition facilities, and any residence used as a court-ordered 31
placement under RCW 71.09.096. 32
(18) "Sexually violent offense" means an act committed on, 33
before, or after July 1, 1990, that is: (a) An act defined in Title 34
9A RCW as rape in the first degree, rape in the second degree by 35
forcible compulsion, rape of a child in the first or second degree, 36
statutory rape in the first or second degree, indecent liberties by 37
forcible compulsion, indecent liberties against a child under age 38
fourteen, incest against a child under age fourteen, or child 39
molestation in the first or second degree; (b) a felony offense in 40
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effect at any time prior to July 1, 1990, that is comparable to a 1
sexually violent offense as defined in (a) of this subsection, or any 2
federal or out-of-state conviction for a felony offense that under 3
the laws of this state would be a sexually violent offense as defined 4
in this subsection; (c) an act of murder in the first or second 5
degree, assault in the first or second degree, assault of a child in 6
the first or second degree, kidnapping in the first or second degree, 7
burglary in the first degree, residential burglary, or unlawful 8
imprisonment, which act, either at the time of sentencing for the 9
offense or subsequently during civil commitment proceedings pursuant 10
to this chapter, has been determined beyond a reasonable doubt to 11
have been sexually motivated, as that term is defined in RCW 12
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 13
an attempt, criminal solicitation, or criminal conspiracy to commit 14
one of the felonies designated in (a), (b), or (c) of this 15
subsection. 16
(19) "Sexually violent predator" means any person who has been 17
convicted of or charged with a crime of sexual violence and who 18
suffers from a mental abnormality or personality disorder which makes 19
the person likely to engage in predatory acts of sexual violence if 20
not confined in a secure facility. 21
(20) "Total confinement facility" means a secure facility that 22
provides supervision and sex offender treatment services in a total 23
confinement setting. Total confinement facilities include the special 24
commitment center and any similar facility designated as a total 25
confinement facility by the secretary. 26
(21) "Treatment" means the sex offender specific treatment 27
program at the special commitment center or a specific course of sex 28
offender treatment pursuant to RCW 71.09.092 (1) and (2).29
Sec. 2. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 30
read as follows: 31
Before the court may enter an order directing conditional release 32
to a less restrictive alternative, it must find the following: (1) 33
The person will be treated by a treatment provider who is qualified 34
to provide such treatment in the state of Washington under chapter 35
18.155 RCW; (2) the treatment provider has presented a specific 36
course of treatment and has agreed to assume responsibility for such 37
treatment and will report progress to the court on a regular basis, 38
and will report violations immediately to the court, the prosecutor, 39
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the supervising community corrections officer, and the superintendent 1
of the special commitment center; (3) housing exists in Washington 2
that complies with distance restrictions, is sufficiently secure to 3
protect the community, is operated by the department or a provider 4
under contract with the department, and the person or agency 5
providing housing to the conditionally released person has agreed in 6
writing to accept the person, to provide the level of security 7
required by the court, and immediately to report to the court, the 8
prosecutor, the supervising community corrections officer, and the 9
superintendent of the special commitment center if the person leaves 10
the housing to which he or she has been assigned without 11
authorization; (4) if the department has proposed housing that is 12
outside of the county of commitment, a documented effort was made by 13
the department to ensure that placement is consistent with fair share 14
principles of release; (5) the person is willing to comply with the 15
treatment provider and all requirements imposed by the treatment 16
provider and by the court; and (6) the person will be under the 17
supervision of the department of corrections and is willing to comply 18
with supervision requirements imposed by the department of 19
corrections. 20
Sec. 3. RCW 71.09.097 and 2021 c 236 s 11 are each amended to 21
read as follows: 22
(1) In accordance with RCW 71.09.090, 71.09.092, and 71.09.096, 23
the department shall have the primary responsibility for developing a 24
less restrictive alternative placement and the exclusive authority to 25
contract with providers to operate housing options for individuals 26
qualifying for a less restrictive alternative . To ensure the 27
department has sufficient less restrictive alternative placements to 28
choose from that satisfy the requirements of RCW 71.09.092, subject 29
to the availability of amounts appropriated for this specific 30
purpose, the department shall use a request for proposal process to 31
solicit and contract with housing and treatment providers from across 32
the state and facilitate fair share principles among the counties. In 33
order to increase the number of housing options for individuals 34
qualifying for a less restrictive alternative and ensure the quality 35
and compliance of such housing , the department shall have oversight 36
of the vendors and providers who contract with the state, including 37
the authority to inspect and ensure compliance, ((negotiate)) adopt 38
rules to establish and adjust a fee schedule for the rates charged 39
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for services, ensure adequate living conditions of housing locations, 1
and terminate contracts. The department shall maintain a statewide 2
accounting of the contracted community housing and treatment 3
providers in each county and provide a biannual report to the 4
legislature and governor by December 1st on the availability and 5
adequacy of less restrictive alternative placements and the 6
department's compliance with fair share principles.7
(2) To facilitate its duties required under this section, the 8
department shall use the following housing matrix and considerations 9
as a guide to planning and developing less restrictive alternative 10
placements. The following considerations may not be used as a reason 11
to deny a less restrictive alternative placement. 12
(a) Considerations for evaluating a proposed vendor's application 13
for less restrictive alternative housing services shall include 14
applicable state and local zoning and building codes, general housing 15
requirements, availability of public services, and other 16
considerations identified in accordance with RCW 71.09.315. The 17
department shall require the housing provider to provide proof that 18
the facility is in compliance with all local zoning and building 19
codes. 20
(i) General housing requirements include running water, 21
electricity, bedroom and living space of adequate size, and no mold 22
or infestations. 23
(ii) Availability of public services include availability of 24
chaperones and whether the placement is within a reasonable distance 25
to a grocery store, bank, public transportation options, and offices 26
for public services and benefits. 27
(iii) Other considerations include whether the placement is 28
consistent with fair share principles across the counties, whether 29
the placement is within reasonable distance to other current or 30
planned components of the less restrictive alternative, whether the 31
placement is within reasonable distance to employment opportunities, 32
and the reliability of global positioning system technology.33
(b) Factors for evaluating less restrictive alternative options 34
for a specific individual include sex offender treatment 35
considerations, criminogenic needs and risk factors, protective 36
factors, and the specific needs of the client. 37
(i) Sex offender treatment considerations include whether the 38
housing is within a reasonable distance from the treatment provider, 39
whether the treatment provider is a good therapeutic match with the 40
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client, and whether the treatment provider has relevant experience 1
and background to treat the client if the client has special needs.2
(ii) Criminogenic needs and risk factors include consideration of 3
the person's specific needs and risk factors in evaluating less 4
restrictive alternative options. 5
(iii) Protective factors include whether housing is within a 6
reasonable distance of family, friends, potential hobbies, potential 7
employment, and educational opportunities. 8
(iv) Consideration of the client's specific needs includes 9
assessing the availability of personal care assistance and in-home 10
care assistance, and whether housing is within a reasonable distance 11
of mental health, medical treatment options, and substance use 12
disorder treatment options. 13
NEW SECTION. Sec. 4. Sections 1 and 2 of this act take effect 14
August 1, 2027.15
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