Sex offender placements

AN ACT Relating to community notification and protection for less 1
restrictive alternative placements for sex offenders in the 2
community; amending RCW 71.09.140, 71.09.096, and 71.09.097; adding a 3
new section to chapter 71A.12 RCW; creating new sections; providing 4
expiration dates; and declaring an emergency. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 71.09.140 and 2021 c 236 s 8 are each amended to 7
read as follows: 8
(1)(a)(i) At the earliest possible date, and in no event later 9
than 30 days before conditional release, change of address for a 10
person on conditional release, or unconditional discharge, except in 11
the event of escape, the department ((of social and health services )) 12
shall send written notice of conditional release, unconditional 13
discharge, or escape, to the following: 14
(((i))) (A) The chief of police of the city, if any, in which the 15
person will reside or in which placement will be made under a less 16
restrictive alternative; 17
(((ii))) (B) The sheriff of the county in which the person will 18
reside or in which placement will be made under a less restrictive 19
alternative; ((and20
S-3532.1
SENATE BILL 5846
State of Washington 69th Legislature 2026 Regular Session
By Senators Fortunato, Christian, and Wagoner
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5846
(iii))) (C) The sheriff of the county where the person was last 1
convicted of a sexually violent offense, if the department does not 2
know where the person will reside;3
(D) The members of the community in which the person will reside. 4
For purposes of this section "members of the community" means any 5
individual with a primary residence located in the same local 6
jurisdiction that the person will reside; and7
(E) The members of the legislature of any district where the 8
person will reside. 9
(ii) The department shall notify the state patrol of the release 10
of all sexually violent predators and that information shall be 11
placed in the Washington crime information center for dissemination 12
to all law enforcement. 13
(b) A return to total confinement or to a secure community 14
transition facility pending revocation or modification proceedings is 15
not considered a change of address for purposes of (a) of this 16
subsection, and an additional community notification process is not 17
required, unless conditional release is revoked under RCW 71.09.098 18
or the return lasts longer than 90 days. 19
(2)(a) The same notice as required by subsection (1) of this 20
section shall be sent to the following if such notice has been 21
requested in writing about a specific person found to be a sexually 22
violent predator under this chapter: 23
(((a))) (i) The victim or victims of any sexually violent 24
offenses for which the person was convicted in the past or the 25
victim's next of kin if the crime was a homicide. "Next of kin" as 26
used in this section means a person's spouse, parents, siblings, and 27
children; 28
(((b))) (ii) Any witnesses who testified against the person in 29
his or her commitment trial under RCW 71.09.060; and30
(((c))) (iii) Any person specified in writing by the prosecuting 31
agency. 32
(b) Information regarding victims, next of kin, or witnesses 33
requesting the notice, information regarding any other person 34
specified in writing by the prosecuting agency to receive the notice, 35
and the notice are confidential and shall not be available to the 36
committed person. 37
(3) If a person committed as a sexually violent predator under 38
this chapter escapes from a department ((of social and health 39
services)) facility, the department shall immediately notify, by the 40
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most reasonable and expedient means available, the chief of police of 1
the city and the sheriff of the county in which the committed person 2
resided immediately before his or her commitment as a sexually 3
violent predator, or immediately before his or her incarceration for 4
his or her most recent offense. If previously requested, the 5
department shall also notify the witnesses and the victims of the 6
sexually violent offenses for which the person was convicted in the 7
past or the victim's next of kin if the crime was a homicide. If the 8
person is recaptured, the department shall send notice to the persons 9
designated in this subsection as soon as possible but in no event 10
later than two working days after the department learns of such 11
recapture. 12
(4) If the victim or victims of any sexually violent offenses for 13
which the person was convicted in the past or the victim's next of 14
kin, or any witness is under the age of 16, the notice required by 15
this section shall be sent to the parents or legal guardian of the 16
child. 17
(5)(a) The department ((of social and health services )) shall 18
send the notices required by this chapter to the last address 19
provided to the department by the requesting party. The requesting 20
party shall furnish the department with a current address.21
(b) The notice required by subsections (1) and (2) of this 22
section must include the address where the person will reside. If the 23
department does not know where the person will reside, the required 24
notice must clearly state that there is no known address for where 25
the person will reside.26
(6) Nothing in this section shall impose any liability upon a 27
chief of police of a city or sheriff of a county for failing to 28
request in writing a notice as provided in subsection (1) of this 29
section. 30
Sec. 2. RCW 71.09.096 and 2025 c 33 s 1 are each amended to read 31
as follows: 32
(1) If the court or jury determines that conditional release to a 33
less restrictive alternative is in the best interest of the person 34
and includes conditions that would adequately protect the community, 35
and the court determines that the minimum conditions set forth in RCW 36
71.09.092 and in this section are met, the court shall enter judgment 37
and direct a conditional release. 38
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(2) The court shall impose any additional conditions necessary to 1
ensure compliance with treatment and to protect the community. If the 2
court finds that conditions do not exist that will both ensure the 3
person's compliance with treatment and protect the community, then 4
the person shall be remanded to the custody of the department of 5
social and health services for control, care, and treatment in a 6
secure facility as designated in RCW 71.09.060(1). 7
(3) If the service provider designated by the court to provide 8
inpatient or outpatient treatment or to monitor or supervise any 9
other terms and conditions of a person's placement in a less 10
restrictive alternative is other than the department of social and 11
health services or the department of corrections, then the service 12
provider so designated must agree in writing to provide such 13
treatment, monitoring, or supervision in accord with this section. 14
Any person providing or agreeing to provide treatment, monitoring, or 15
supervision services pursuant to this chapter may be compelled to 16
testify and any privilege with regard to such person's testimony is 17
deemed waived. 18
(4)(a) Prior to authorizing any release to a less restrictive 19
alternative, the court shall impose such conditions upon the person 20
as are necessary to ensure the safety of the community, which must 21
include, at minimum, the condition that the person will be subject to 22
electronic monitoring that, to the extent feasible, provides real-23
time tracking, programmable inclusion and exclusion zones, and the 24
ability to provide notifications if the person tampers with the 25
monitoring device or enters an exclusion zone. In imposing 26
conditions, the court must impose a restriction on the proximity of 27
the person's residence to public or private schools providing 28
instruction to kindergarten or any grades one through 12 in 29
accordance with RCW 72.09.340. Courts shall require a minimum 30
distance restriction of ((500 feet )) two miles on the proximity of 31
the person's residence to child care facilities and public or private 32
schools providing instruction to kindergarten or any grades one 33
through 12. The court shall order the department of corrections to 34
investigate the less restrictive alternative and, within 60 days of 35
the order to investigate, recommend any additional conditions to the 36
court. These conditions shall be individualized to address the 37
person's specific risk factors and criminogenic needs and may 38
include, but are not limited to, the following: Specification of 39
residence or restrictions on residence including distance 40
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restrictions, specification of contact with a reasonable number of 1
individuals upon the person's request who are verified by the 2
department of corrections to be appropriate social contacts, 3
prohibition of contact with potential or past victims, prohibition of 4
alcohol and other drug use, participation in a specific course of 5
inpatient or outpatient treatment that may include monitoring by the 6
use of polygraph and plethysmograph, monitoring through the use of 7
global positioning system technology, supervision by a department of 8
corrections community corrections officer, a requirement that the 9
person remain within the state unless the person receives prior 10
authorization by the court, and any other conditions that the court 11
determines are in the best interest of the person or others. A copy 12
of the conditions of release shall be given to the person and to any 13
designated service providers. 14
(b) To the greatest extent possible, the person, person's 15
counsel, prosecuting agency responsible for the initial commitment, 16
treatment provider, supervising community corrections officer, and 17
appropriate clinical staff of the special commitment center shall 18
meet and collaborate to craft individualized, narrowly tailored, and 19
empirically based conditions to present to the court to help 20
facilitate the person's successful transition to the community.21
(5)(a) Prior to authorizing release to a less restrictive 22
alternative proposed by the department, the court shall consider 23
whether the person's less restrictive alternative placement is in 24
accordance with fair share principles. To ensure equitable 25
distribution of releases, and prevent the disproportionate grouping 26
of persons subject to less restrictive orders in any one county, or 27
in any one jurisdiction or community within a county, the legislature 28
finds it is appropriate for releases to a less restrictive 29
alternative to occur in a manner that adheres to fair share 30
principles. The legislature recognizes that there may be reasons why 31
the department may not recommend that a person be released to his or 32
her county of commitment, including availability of individualized 33
resources, the person's support needs, or when the court determines 34
that the person's return to his or her county of commitment would be 35
inappropriate considering any court-issued protection orders, victim 36
safety concerns that cannot be addressed through use of global 37
positioning system technology, the unavailability of appropriate 38
treatment or facilities that would adequately protect the community, 39
negative influences on the person, and the location of family or 40
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other persons or organizations offering support to the person. If the 1
court authorizes conditional release based on the department's 2
proposal to a county other than the county of commitment, the court 3
shall enter specific findings regarding its decision and identify 4
whether the release remains in line with fair share principles.5
(b)(i) When the department develops a less restrictive 6
alternative placement under this section, it shall attempt to 7
identify a placement satisfying the requirements of RCW 71.09.092 8
that is aligned with fair share principles. The department shall 9
document its rationale for the recommended placement.10
(ii) If the department does not support or recommend conditional 11
release to a less restrictive alternative due to a clinical 12
determination, the department shall document its objection and 13
certify that the department is developing the less restrictive 14
alternative pursuant to a court order and not because of a clinical 15
determination. 16
(iii) When the department develops or proposes a less restrictive 17
alternative placement under this chapter, it shall be considered a 18
predisposition recommendation. 19
(iv) In developing, modifying, and enforcing less restrictive 20
alternatives, the department shall be deemed to be performing a 21
quasi-judicial function. 22
(c) If the committed person is not conditionally released to his 23
or her county of commitment, the department shall provide the law and 24
justice council of the county in which the person is conditionally 25
released with notice and a written explanation, including whether the 26
department remains in compliance with fair share principles regarding 27
releases under this chapter. 28
(d) For purposes of this section, the person's county of 29
commitment means the county of the court which ordered the person's 30
commitment. 31
(e) This subsection (5) does not apply to releases to a secure 32
community transition facility under RCW 71.09.250.33
(6)(a) When ordered by the court, the department must provide 34
less restrictive alternative treatment that includes, at a minimum:35
(i) The services identified in the person's discharge plan as 36
outlined in RCW 71.09.080(4); 37
(ii) The assignment of a community care coordinator;38
(iii) Regular contacts with providers of court-ordered treatment 39
services; 40
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(iv) Community escorts, if needed; 1
(v) A transition plan that addresses the person's access to 2
continued services upon unconditional discharge; 3
(vi) Financial support for necessary housing; 4
(vii) Life skills training and disability accommodations, if 5
needed; and 6
(viii) Assistance in pursuing benefits, education, and 7
employment. 8
(b) At the time the department of corrections is ordered to 9
investigate a proposed less restrictive alternative placement, 10
subject to the availability of amounts appropriated for this specific 11
purpose, the department shall assign a social worker to assist the 12
person with discharge planning, pursuing benefits, and coordination 13
of care prior to release. 14
(i) The social worker shall assist the person with completing 15
applications for benefits prior to the person's release from total 16
confinement. 17
(ii) To promote continuity of care and the individual's success 18
in the community, the department social worker shall be responsible 19
for initiating a clinical transition of care between the last 20
treating clinician at the special commitment center and the person's 21
designated community treatment provider. This transition between one 22
clinical setting to another shall occur no later than 15 days before 23
an individual's release from the special commitment center.24
(iii) If applicable, the social worker shall assist the person 25
with locating any needed disability accommodations in the community 26
and with obtaining resources to help address the person's identified 27
life skills needs prior to release from total confinement.28
(7) Any service provider designated to provide inpatient or 29
outpatient treatment shall monthly, or as otherwise directed by the 30
court, submit to the court, to the department of social and health 31
services facility from which the person was released, to the 32
prosecuting agency, and to the supervising community corrections 33
officer, a report stating whether the person is complying with the 34
terms and conditions of the conditional release to a less restrictive 35
alternative. 36
(8) Each person released to a less restrictive alternative shall 37
have his or her case reviewed by the court that released him or her 38
no later than one year after such release and annually thereafter 39
until the person is unconditionally discharged. Review may occur in a 40
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shorter time or more frequently, if the court, in its discretion on 1
its own motion, or on motion of the person, the secretary, or the 2
prosecuting agency so determines. The questions to be determined by 3
the court are whether the person shall continue to be conditionally 4
released to a less restrictive alternative, and if so, whether a 5
modification to the person's less restrictive alternative order is 6
appropriate to ensure the conditional release remains in the best 7
interest of the person and adequate to protect the victim and the 8
community. The court in making its determination shall be aided by 9
the periodic reports filed pursuant to subsection (7) of this section 10
and the opinions of the secretary and other experts or professional 11
persons. 12
Sec. 3. RCW 71.09.097 and 2021 c 236 s 11 are each amended to 13
read as follows: 14
(1)(a) In accordance with RCW 71.09.090 and 71.09.096, the 15
department shall have the primary responsibility for developing a 16
less restrictive alternative placement. To ensure the department has 17
sufficient less restrictive alternative placements to choose from 18
that satisfy the requirements of RCW 71.09.092, subject to the 19
availability of amounts appropriated for this specific purpose, the 20
department ((shall)) must use a request for proposal process to 21
solicit and contract with housing and treatment providers from across 22
the state and facilitate fair share principles among the counties. In 23
order to increase the number of housing options for individuals 24
qualifying for a less restrictive alternative, the department shall 25
have oversight of the vendors and providers who contract with the 26
state, including the authority to inspect and ensure compliance, 27
negotiate the rates charged for services, ensure adequate living 28
conditions of housing locations, and terminate contracts. The 29
department shall maintain a statewide accounting of the contracted 30
community housing and treatment providers in each county and provide 31
a biannual report to the legislature and governor by December 1st on 32
the availability and adequacy of less restrictive alternative 33
placements and the department's compliance with fair share 34
principles. 35
(b) When the department uses a request for proposal process under 36
this subsection to increase the availability of housing options for 37
individuals qualifying for a less restrictive alternative, the 38
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department may only enter into a contract with a housing provider 1
after public notification and opportunities for public comment.2
(i) The department shall establish a process for early and 3
continuous public participation including, at a minimum, public 4
meetings in the local communities affected, as well as opportunities 5
for written and oral comment. The department or the housing provider 6
shall provide at least 14 days' advance notice of the meeting to all 7
newspapers of general circulation in the community and all radio and 8
television stations generally available in the community.9
(ii) The department shall contact the local government planning 10
agencies in the communities affected and coordinate with local 11
government agencies to ensure opportunities are provided for 12
effective citizen input and to reduce duplication of notice and 13
meetings.14
(2) To facilitate its duties required under this section, the 15
department shall use the following housing matrix and considerations 16
as a guide to planning and developing less restrictive alternative 17
placements. The following considerations may not be used as a reason 18
to deny a less restrictive alternative placement. 19
(a) Considerations for evaluating a proposed vendor's application 20
for less restrictive alternative housing services shall include 21
applicable state and local zoning and building codes, general housing 22
requirements, availability of public services, and other 23
considerations identified in accordance with RCW 71.09.315. The 24
department shall require the housing provider to provide proof that 25
the facility is in compliance with all local zoning and building 26
codes. 27
(i) General housing requirements include running water, 28
electricity, bedroom and living space of adequate size, and no mold 29
or infestations. 30
(ii) Availability of public services include availability of 31
chaperones and whether the placement is within a reasonable distance 32
to a grocery store, bank, public transportation options, and offices 33
for public services and benefits. 34
(iii) Other considerations include whether the placement is 35
consistent with fair share principles across the counties, whether 36
the placement is within reasonable distance to other current or 37
planned components of the less restrictive alternative, whether the 38
placement is within reasonable distance to employment opportunities, 39
and the reliability of global positioning system technology.40
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(b) Factors for evaluating less restrictive alternative options 1
for a specific individual include sex offender treatment 2
considerations, criminogenic needs and risk factors, protective 3
factors, and the specific needs of the client. 4
(i) Sex offender treatment considerations include whether the 5
housing is within a reasonable distance from the treatment provider, 6
whether the treatment provider is a good therapeutic match with the 7
client, and whether the treatment provider has relevant experience 8
and background to treat the client if the client has special needs.9
(ii) Criminogenic needs and risk factors include consideration of 10
the person's specific needs and risk factors in evaluating less 11
restrictive alternative options. 12
(iii) Protective factors include whether housing is within a 13
reasonable distance of family, friends, potential hobbies, potential 14
employment, and educational opportunities. 15
(iv) Consideration of the client's specific needs includes 16
assessing the availability of personal care assistance and in-home 17
care assistance, and whether housing is within a reasonable distance 18
of mental health, medical treatment options, and substance use 19
disorder treatment options. 20
NEW SECTION. Sec. 4. A new section is added to chapter 71A.12 21
RCW to read as follows: 22
(1) The department shall require that all individuals who were 23
participating in the community protection program agree to remain at 24
least two miles from child care facilities and public or private 25
schools providing instruction to kindergarten or any grades one 26
through 12 before providing other home and community-based waiver 27
services to that individual. 28
(2) If an individual does not agree to the restriction provided 29
under subsection (1) of this section, the department may not provide 30
home and community-based waiver services to that individual.31
NEW SECTION. Sec. 5. (1) Conditional release to a less 32
restrictive alternative and siting of future secure community 33
transition facilities is temporarily prohibited.34
(2) The courts and department of social and health services are 35
temporarily prohibited from authorizing conditional release to a less 36
restrictive alternative placement pursuant to RCW 71.09.090, 37
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71.09.092, 71.09.094, 71.09.096, 71.09.097, 71.09.280, and 71.09.345, 1
subject to the following exceptions: 2
(a) The courts and department of social and health services may 3
continue to place civilly committed sex offenders in the secure 4
community transition facility in south Seattle in King county; and5
(b) The courts and department of social and health services may 6
continue to place civilly committed sex offenders in the secure 7
community transition facility located on McNeil Island in Pierce 8
county. 9
(3)(a) The department of social and health services and secretary 10
of social and health services are temporarily prohibited from siting, 11
constructing, or entering into any contracts with effective dates on 12
or after the effective date of this section regarding secure 13
community transition facilities pursuant to RCW 71.09.099, 71.09.250, 14
71.09.252, 71.09.255, 71.09.343, and 71.09.344, except for unused 15
facilities on McNeil Island. 16
(b) The department and secretary may develop additional 17
facilities on McNeil Island during the temporary prohibition.18
(4) This section expires June 30, 2027. 19
NEW SECTION. Sec. 6. (1)(a) A legislative work group on siting 20
secure community transition facilities is established, with the 21
following members:22
(i) The president of the senate shall appoint one member from 23
each of the two largest caucuses of the senate. At least one member 24
must be a member of the senate law and justice committee, and at 25
least one member must be a member of the senate human services 26
committee; 27
(ii) The speaker of the house of representatives shall appoint 28
two members from each of the two largest caucuses of the house of 29
representatives. The house community safety, justice, and reentry 30
committee, civil rights and judiciary committee, and local government 31
committee must each be represented; 32
(iii) The president of the senate and the speaker of the house of 33
representatives jointly shall appoint six members representing two 34
survivors of violent sex crimes, the office of crime victims 35
advocacy, the Washington association of sheriffs and police chiefs, a 36
licensed sex offender treatment provider, and the Washington state 37
association of counties; 38
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(iv) The secretary of the department of social and health 1
services shall appoint one member representing the department of 2
social and health services; 3
(v) The secretary of the department of corrections shall appoint 4
one member representing the department of corrections; and5
(vi) The sex offender policy board shall appoint one member 6
representing the sex offender policy board. 7
(b) The ranking member of the work group from the house community 8
safety, justice, and reentry committee shall convene the initial 9
meeting of the work group. 10
(i) The work group shall choose its chair and cochair from among 11
its legislative membership. 12
(ii) The work group may select other officers from among its 13
members as the work group deems appropriate. 14
(2) The work group shall: 15
(a) Evaluate the siting criteria for secure community transition 16
facilities, including opportunities for local control of siting by 17
counties and cities; 18
(b) Evaluate the requirements of chapter 71.09 RCW and recommend 19
amendments to implement the work group's recommendations;20
(c) Identify recommendations to ensure the equitable distribution 21
of secure community transition facilities statewide;22
(d) Identify recommendations for public notification, awareness, 23
and opportunities for review and comment in communities affected by 24
the siting of secure community transition facilities;25
(e) Identify recommendations for the security and safety of 26
residents of communities affected by the siting of secure community 27
transition facilities; and 28
(f) Identify recommendations for less restrictive alternative 29
security measures, staff ratios, and staff and chaperone training.30
(3) The work group shall hold at least six meetings. The first 31
meeting of the work group must occur by August 31, 2026.32
(4) Staff support for the work group must be provided by the 33
senate committee services and the house of representatives office of 34
program research. 35
(5) State agencies, departments, and commissions shall cooperate 36
with the work group and provide information as the chair or cochair 37
may reasonably request. 38
(6) Legislative members of the work group are reimbursed for 39
travel expenses in accordance with RCW 44.04.120. Nonlegislative 40
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members are not entitled to be reimbursed for travel expenses if they 1
are elected officials or are participating on behalf of an employer, 2
governmental entity, or other organization. Any reimbursement for 3
nonlegislative members is subject to chapter 43.03 RCW.4
(7) The expenses of the work group shall be paid jointly by the 5
senate and the house of representatives. Work group expenditures are 6
subject to approval by the senate facilities and operations committee 7
and the house executive rules committee, or their successor 8
committees. 9
(8) The work group shall report its findings and recommendations 10
by June 30, 2027, to the governor and relevant committees of the 11
legislature. 12
(a) Recommendations of the work group may be made by a simple 13
majority of work group members. 14
(b) In the event that the work group does not reach majority-15
supported recommendations, the work group may report minority 16
recommendations supported by at least two members of the work group.17
(c) Notice of the completion of the findings and recommendations 18
required in this subsection must be published in the Washington State 19
Register by June 30, 2027. 20
(9) This section expires December 31, 2027. 21
NEW SECTION. Sec. 7. This act is necessary for the immediate 22
preservation of the public peace, health, or safety, or support of 23
the state government and its existing public institutions, and takes 24
effect immediately.25
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