Sexually violent predators

AN ACT Relating to augmenting community protections by modifying 1
procedures related to whether or not sexually violent predators may 2
be released to less restrictive alternative placements; amending RCW 3
71.09.020, 71.09.090, 71.09.092, 71.09.094, 71.09.096, and 71.09.098; 4
creating a new section; and declaring an emergency.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that certain 7
jurisdictions bear a disproportionate share of the sexually violent 8
predators that release from total confinement. This is a clear 9
violation of fair share principles. The legislature intends to 10
augment requirements the court should consider prior to granting a 11
release for a sexually violent predator from total confinement to a 12
less restrictive alternative placement. The legislature also intends 13
to create a statutory option for local jurisdictions to reject 14
placement of a sexually violent predator if the county is not the 15
county of commitment and the placement does not comply with fair 16
share principles.17
Sec. 2. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 18
read as follows: 19
S-3453.1
SENATE BILL 5854
State of Washington 69th Legislature 2026 Regular Session
By Senators Schoesler, Riccelli, Dozier, Wagoner, Boehnke, McCune,
Holy, J. Wilson, Harris, Warnick, Torres, Christian, Muzzall, Short,
Goehner, Trudeau, Hasegawa, Fortunato, Gildon, and C. Wilson
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5854
Unless the context clearly requires otherwise, the definitions in 1
this section apply throughout this chapter. 2
(1) "Department" means the department of social and health 3
services. 4
(2) "Fair share principles" and "fair share principles of 5
release" means that each county has adequate options for conditional 6
release housing placements in a number generally equivalent to the 7
number of residents from that county who are subject to total 8
confinement pursuant to this chapter. 9
(3) "Health care facility" means any hospital, hospice care 10
center, licensed or certified health care facility, health 11
maintenance organization regulated under chapter 48.46 RCW, federally 12
qualified health maintenance organization, federally approved renal 13
dialysis center or facility, or federally approved blood bank.14
(4) "Health care practitioner" means an individual or firm 15
licensed or certified to engage actively in a regulated health 16
profession. 17
(5) "Health care services" means those services provided by 18
health professionals licensed pursuant to RCW 18.120.020(4).19
(6) "Health profession" means those licensed or regulated 20
professions set forth in RCW 18.120.020(4). 21
(7) "Less restrictive alternative" means court-ordered treatment 22
in a setting less restrictive than total confinement which satisfies 23
the conditions set forth in RCW 71.09.092. A less restrictive 24
alternative may not include placement in the community protection 25
program as pursuant to RCW 71A.12.230. 26
(8) "Likely to engage in predatory acts of sexual violence if not 27
confined in a secure facility" means that the person more probably 28
than not will engage in such acts if released unconditionally from 29
detention on the sexually violent predator petition. Such likelihood 30
must be evidenced by a recent overt act if the person is not totally 31
confined at the time the petition is filed under RCW 71.09.030 or by 32
prima facie evidence of a lack of remorse or failure to participate 33
in sex offender treatment while in total confinement.34
(9) "Mental abnormality" means a congenital or acquired condition 35
affecting the emotional or volitional capacity which predisposes the 36
person to the commission of criminal sexual acts in a degree 37
constituting such person a menace to the health and safety of others.38
(10) "Personality disorder" means an enduring pattern of inner 39
experience and behavior that deviates markedly from the expectations 40
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of the individual's culture, is pervasive and inflexible, has onset 1
in adolescence or early adulthood, is stable over time and leads to 2
distress or impairment. Purported evidence of a personality disorder 3
must be supported by testimony of a licensed forensic psychologist or 4
psychiatrist. 5
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 6
individuals with whom a relationship has been established or promoted 7
for the primary purpose of victimization; or (c) persons of casual 8
acquaintance with whom no substantial personal relationship exists.9
(12) "Prosecuting agency" means the prosecuting attorney of the 10
county where the person was convicted or charged or the attorney 11
general if requested by the prosecuting attorney, as provided in RCW 12
71.09.030. 13
(13) "Recent overt act" means any act, threat, or combination 14
thereof that has either caused harm of a sexually violent nature or 15
creates a reasonable apprehension of such harm in the mind of an 16
objective person who knows of the history and mental condition of the 17
person engaging in the act or behaviors. 18
(14) "Risk potential activity" or "risk potential facility" means 19
an activity or facility that provides a higher incidence of risk to 20
the public from persons conditionally released from the special 21
commitment center. Risk potential activities and facilities include: 22
Public and private schools, school bus stops, licensed day care and 23
licensed preschool facilities, public parks, publicly dedicated 24
trails, sports fields, playgrounds, recreational and community 25
centers, churches, synagogues, temples, mosques, public libraries, 26
public and private youth camps, and others identified by the 27
department following the hearings on a potential site required in RCW 28
71.09.315. For purposes of this chapter, "school bus stops" does not 29
include bus stops established primarily for public transit.30
(15) "Secretary" means the secretary of social and health 31
services or the secretary's designee. 32
(16) "Secure community transition facility" means a residential 33
facility for persons civilly committed and conditionally released to 34
a less restrictive alternative under this chapter. A secure community 35
transition facility has supervision and security, and either provides 36
or ensures the provision of sex offender treatment services. Secure 37
community transition facilities include but are not limited to the 38
facility established pursuant to RCW 71.09.250(1)(a)(i) and any 39
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community-based facilities established under this chapter and 1
operated by the secretary or under contract with the secretary.2
(17) "Secure facility" means a residential facility for persons 3
civilly confined under the provisions of this chapter that includes 4
security measures sufficient to protect the community. Such 5
facilities include total confinement facilities, secure community 6
transition facilities, and any residence used as a court-ordered 7
placement under RCW 71.09.096. 8
(18) "Sexually violent offense" means an act committed on, 9
before, or after July 1, 1990, that is: (a) An act defined in Title 10
9A RCW as rape in the first degree, rape in the second degree by 11
forcible compulsion, rape of a child in the first or second degree, 12
statutory rape in the first or second degree, indecent liberties by 13
forcible compulsion, indecent liberties against a child under age 14
fourteen, incest against a child under age fourteen, or child 15
molestation in the first or second degree; (b) a felony offense in 16
effect at any time prior to July 1, 1990, that is comparable to a 17
sexually violent offense as defined in (a) of this subsection, or any 18
federal or out-of-state conviction for a felony offense that under 19
the laws of this state would be a sexually violent offense as defined 20
in this subsection; (c) an act of murder in the first or second 21
degree, assault in the first or second degree, assault of a child in 22
the first or second degree, kidnapping in the first or second degree, 23
burglary in the first degree, residential burglary, or unlawful 24
imprisonment, which act, either at the time of sentencing for the 25
offense or subsequently during civil commitment proceedings pursuant 26
to this chapter, has been determined beyond a reasonable doubt to 27
have been sexually motivated, as that term is defined in RCW 28
9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is 29
an attempt, criminal solicitation, or criminal conspiracy to commit 30
one of the felonies designated in (a), (b), or (c) of this 31
subsection. 32
(19) "Sexually violent predator" means any person who has been 33
convicted of or charged with a crime of sexual violence and who 34
suffers from a mental abnormality or personality disorder which makes 35
the person likely to engage in predatory acts of sexual violence if 36
not confined in a secure facility. 37
(20) "Total confinement facility" means a secure facility that 38
provides supervision and sex offender treatment services in a total 39
confinement setting. Total confinement facilities include the special 40
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commitment center and any similar facility designated as a total 1
confinement facility by the secretary. 2
(21) "Treatment" means the sex offender specific treatment 3
program at the special commitment center or a specific course of sex 4
offender treatment pursuant to RCW 71.09.092 (1) and (2).5
Sec. 3. RCW 71.09.090 and 2021 c 236 s 4 are each amended to 6
read as follows: 7
(1)(a) If the secretary determines that the person's condition 8
has so changed that the person no longer meets the definition of a 9
sexually violent predator, the secretary ((shall)) may authorize the 10
person to petition the court for unconditional discharge. The 11
petition shall be filed with the court and served upon the 12
prosecuting agency responsible for the initial commitment. The court, 13
upon receipt of the petition for unconditional discharge, shall 14
within 45 days order a hearing. 15
(b) If the secretary determines that the person's condition has 16
so changed that conditional release to a less restrictive alternative 17
is in the best interest of the person and conditions can be imposed 18
that adequately protect the community, then the secretary shall 19
authorize the person to petition the court for conditional release to 20
a less restrictive alternative. Upon receipt of the petition, the 21
court shall order the department to identify a less restrictive 22
alternative placement that satisfies RCW 71.09.092 (1) through 23
(((4))) (7). Once identified, notice of the placement shall be filed 24
with the court and served upon: The prosecuting agency responsible 25
for the initial commitment; any person or persons identified in RCW 26
71.09.140(2)(a) who have opted to receive notifications under this 27
chapter; and the person and his or her counsel. If the department 28
cannot identify a placement available to the person that satisfies 29
RCW 71.09.092 (1) through (((4))) (7) within 90 days, the department 30
shall provide a written certification to the court, the prosecuting 31
agency responsible for the initial commitment, and the person and his 32
or her counsel, detailing the efforts of the department to identify a 33
qualifying placement. Upon the department's certification, the person 34
may propose a placement that satisfies RCW 71.09.092 (1) through (3) 35
if the person also satisfies RCW 71.09.092 (5) through (7). After a 36
less restrictive placement has been proposed by either the department 37
or the person, the court shall within 45 days order a hearing.38
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(2)(a) Nothing contained in this chapter shall prohibit the 1
person from otherwise petitioning the court for conditional release 2
to a less restrictive alternative or unconditional discharge without 3
the secretary's approval. The secretary shall provide the committed 4
person with an annual written notice of the person's right to 5
petition the court for conditional release to a less restrictive 6
alternative or unconditional discharge over the secretary's 7
objection. The notice shall contain a waiver of rights. The secretary 8
shall file the notice and waiver form and the annual report with the 9
court. If the person does not affirmatively waive the right to 10
petition, the court shall set a show cause hearing to determine 11
whether probable cause exists to warrant a hearing on whether the 12
person's condition has so changed that: (i) ((He or she )) The person 13
no longer meets the definition of a sexually violent predator and has 14
expressed remorse for the sex offenses for which the person was 15
convicted; or (ii) conditional release to a proposed less restrictive 16
alternative would be in the best interest of the person ((and)), 17
conditions can be imposed that would adequately protect the 18
community, and the person has expressed remorse for the sex offenses 19
for which the person was convicted. 20
(b)(i) The committed person shall have a right to have an 21
attorney represent him or her at the show cause hearing, which may be 22
conducted solely on the basis of affidavits or declarations, but the 23
person is not entitled to be present at the show cause hearing. At 24
the show cause hearing, the prosecuting agency shall present prima 25
facie evidence establishing that: (A) ((That the )) The committed 26
person continues to meet the definition of a sexually violent 27
predator; ((and)) (B) ((that)) a less restrictive alternative is not 28
in the best interest of the person and conditions cannot be imposed 29
that adequately protect the community ; (C) the person refused to 30
participate in sex offender treatment or programming while in total 31
confinement; or (D) the person has not expressed remorse for the sex 32
offenses for which they were criminally convicted.33
(ii)(A) If the state produces prima facie evidence that the 34
committed person continues to be a sexually violent predator, then 35
the state's burden under (b)(i)(A) of this subsection is met and an 36
unconditional release trial may not be ordered unless the committed 37
person produces evidence satisfying: Subsection (4)(a) of this 38
section; and subsection (4)(b) (i) or (ii) of this section.39
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(B) If the state produces prima facie evidence that a less 1
restrictive alternative is not appropriate for the committed person, 2
then the state's burden under (b)(i)(B) of this subsection is met, 3
and a conditional release trial may not be ordered unless the 4
committed person: 5
(I) Produces evidence satisfying: Subsection (4)(a) of this 6
section; and subsection (4)(b) (i) or (ii) of this section; and7
(II) Presents the court with a specific placement satisfying the 8
requirements of RCW 71.09.092. 9
(C) If the state produces prima facie evidence that the person 10
failed to participate in sex offender treatment while in total 11
confinement, then the state's burden under (b)(i)(C) of this 12
subsection is met and an unconditional release trial may not be 13
ordered.14
(D) If the state produces prima facie evidence that the person 15
has not expressed remorse for the sex offenses for which they were 16
convicted, then the state's burden under (b)(i)(D) of this subsection 17
is met and an unconditional release trial may not be ordered.18
(iii) In making the showing required under (b)(i) of this 19
subsection, the state may rely exclusively upon the annual report 20
prepared pursuant to RCW 71.09.070. The committed person may present 21
responsive affidavits or declarations to which the state may reply.22
(c)(i) If the court at the show cause hearing determines that 23
either: (A) The state has failed to present prima facie evidence that 24
the committed person continues to meet the definition of a sexually 25
violent predator; or (B) probable cause exists to believe that the 26
person's condition has so changed that the person no longer meets the 27
definition of a sexually violent predator, then the court shall set a 28
hearing on the issue of unconditional discharge. 29
(ii) If the court at the show cause hearing determines that the 30
state has failed to present prima facie evidence that no proposed 31
less restrictive alternative is in the best interest of the person 32
and conditions cannot be imposed that would adequately protect the 33
community, the court shall enter an order directing the department to 34
propose a less restrictive alternative that satisfies RCW 71.09.092 35
(1) through (4) if the person satisfies RCW 71.09.092 (5) through 36
(7). If the department cannot identify a placement available to the 37
person that satisfies RCW 71.09.092 (1) through (4) within 90 days, 38
the department shall provide a written certification to the court, 39
the prosecuting agency responsible for the initial commitment, and 40
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the person and his or her counsel, detailing the efforts of the 1
department to identify a qualifying placement. Upon the department's 2
certification and only if the person has expressed remorse for the 3
sex offenses for which they were criminally convicted and willingly 4
participated in sex offender treatment while in total confinement , 5
the person may propose a placement that satisfies RCW 71.09.092 (1) 6
through (3). After a less restrictive placement has been proposed by 7
either the department or the person, the court shall set a hearing on 8
the issue of conditional release. 9
(iii) If the court at the show cause hearing determines, based on 10
the evidence submitted by the person, that probable cause exists to 11
believe that ((release)): (A) Release to a less restrictive 12
alternative would be in the best interest of the person ((and)); (B) 13
conditions can be imposed that would adequately protect the 14
community; (C) the person has expressed remorse for the sex offenses 15
for which they were criminally convicted; and (D) the person 16
willingly participated in sex offender treatment while in total 17
confinement, the court shall set a hearing on the issue of 18
conditional release if the person presents the court with a specific 19
placement that satisfies the requirements of RCW 71.09.092.20
(d) If the court has not previously considered the issue of 21
release to a less restrictive alternative, either through a trial on 22
the merits or through the procedures set forth in RCW 71.09.094(1), 23
or if an immediately preceding less restrictive alternative was 24
revoked due to the loss of adequate housing or treatment for reasons 25
other than noncompliance with housing requirements, treatment, or 26
other conditions of the less restrictive alternative, the court shall 27
consider whether release to a less restrictive alternative would be 28
in the best interests of the person and conditions can be imposed 29
that would adequately protect the community, without considering 30
whether the person's condition has changed , but only if the person 31
has expressed remorse for the sex offenses for which they were 32
convicted and willingly participated in sex offender treatment while 33
in total confinement. 34
(3)(a) At the hearing resulting from subsection (1) or (2) of 35
this section, the committed person shall be entitled to be present 36
and to the benefit of all constitutional protections that were 37
afforded to the person at the initial commitment proceeding. The 38
prosecuting agency shall represent the state and shall have a right 39
to a jury trial and to have the committed person evaluated by experts 40
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chosen by the state. The prosecuting agency shall have a right to a 1
current evaluation of the person by experts chosen by the state. The 2
judge may require the person to complete any or all of the following 3
procedures or tests if requested by the evaluator: (i) A clinical 4
interview; (ii) psychological testing; (iii) plethysmograph testing; 5
(iv) a department of corrections risk assessment; and (((iv))) (v) 6
polygraph testing. The judge may order the person to complete any 7
other procedures and tests relevant to the evaluation. The state is 8
responsible for the costs of the evaluation. The committed person 9
shall also have the right to a jury trial and the right to have 10
experts evaluate him or her on his or her behalf and the court shall 11
appoint an expert if the person is indigent and requests an 12
appointment. 13
(b) Whenever any indigent person is subjected to an evaluation 14
under (a) of this subsection, the office of public defense is 15
responsible for the cost of one expert or professional person 16
conducting an evaluation on the person's behalf. When the person 17
wishes to be evaluated by a qualified expert or professional person 18
of his or her own choice, such expert or professional person must be 19
permitted to have reasonable access to the person for the purpose of 20
such evaluation, as well as to all relevant medical and psychological 21
records and reports. In the case of a person who is indigent, the 22
court shall, upon the person's request, assist the person in 23
obtaining an expert or professional person to perform an evaluation 24
or participate in the hearing on the person's behalf. Nothing in this 25
chapter precludes the person from paying for additional expert 26
services at his or her own expense. 27
(c) If the issue at the hearing is whether the person should be 28
unconditionally discharged, the burden of proof shall be upon the 29
state to prove beyond a reasonable doubt that the committed person's 30
condition remains such that the person continues to meet the 31
definition of a sexually violent predator or the person has failed to 32
either: (i) Express remorse for the sex offenses for which they were 33
convicted or (ii) willingly participate in sex offender treatment 34
during total confinement . Evidence of the prior commitment trial and 35
disposition is admissible. The recommitment proceeding shall 36
otherwise proceed as set forth in RCW 71.09.050 and 71.09.060.37
(d) If the issue at the hearing is whether the person should be 38
conditionally released to a less restrictive alternative, the burden 39
of proof at the hearing shall be upon the state to prove beyond a 40
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reasonable doubt that ((conditional)): (i) Conditional release to any 1
proposed less restrictive alternative ((either: (i) Is)) is not in 2
the best interest of the committed person; ((or)) (ii) conditional 3
release to any proposed less restrictive alternative does not include 4
conditions that would adequately protect the community ; (iii) the 5
person has failed to express remorse for the sex offenses for which 6
they were convicted; or (iv) the person failed to willingly 7
participate in sex offender treatment during total confinement . 8
Evidence of the prior commitment trial and disposition is admissible.9
(4)(a) Probable cause exists to believe that a person's condition 10
has "so changed," under subsection (2) of this section, only when 11
evidence exists, since the person's last commitment trial, or less 12
restrictive alternative revocation proceeding, of a substantial 13
change in the person's physical or mental condition such that the 14
person either no longer meets the definition of a sexually violent 15
predator or that a conditional release to a less restrictive 16
alternative is in the person's best interest and conditions can be 17
imposed to adequately protect the community. 18
(b) A new trial proceeding under subsection (3) of this section 19
may be ordered, or a trial proceeding may be held, only when there is 20
current evidence from a licensed professional of one of the following 21
and the evidence presents a change in condition since the person's 22
last commitment trial proceeding: 23
(i) An identified physiological change to the person, such as 24
paralysis, stroke, or dementia, that renders the committed person 25
unable to commit a sexually violent act and this change is permanent; 26
or 27
(ii) A change in the person's mental condition brought about 28
through positive response to continuing participation in treatment 29
which indicates that the person meets the standard for conditional 30
release to a less restrictive alternative or that the person would be 31
safe to be at large if unconditionally released from commitment.32
(c) For purposes of this section, a change in a single 33
demographic factor, without more, does not establish probable cause 34
for a new trial proceeding under subsection (3) of this section. As 35
used in this section, a single demographic factor includes, but is 36
not limited to, a change in the chronological age, marital status, or 37
gender of the committed person. 38
(5) When the court enters an order for unconditional discharge of 39
a person from an immediately preceding less restrictive placement, 40
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the court must direct the clerk to transmit a copy of the order to 1
the department of corrections for discharge process and termination 2
of cause. 3
(6) The jurisdiction of the court over a person civilly committed 4
pursuant to this chapter continues until such time as the person is 5
unconditionally discharged. 6
(7) During any period of confinement pursuant to a criminal 7
conviction, or for any period of detention awaiting trial on criminal 8
charges, this section is suspended. 9
(8) In all proceedings under this section, special weight must be 10
given to whether the person expressed remorse for the sex offenses 11
for which they were convicted. If the person has not expressed 12
remorse, the court should presume that the community cannot be 13
adequately protected if the person is granted a conditional less 14
restrictive alternative or an unconditional discharge.15
Sec. 4. RCW 71.09.092 and 2021 c 236 s 5 are each amended to 16
read as follows: 17
Before the court may enter an order directing conditional release 18
to a less restrictive alternative, it must find the following: (1) 19
The person will be treated by a treatment provider who is qualified 20
to provide such treatment in the state of Washington under chapter 21
18.155 RCW; (2) the treatment provider has presented a specific 22
course of treatment and has agreed to assume responsibility for such 23
treatment and will report progress to the court on a regular basis, 24
and will report violations immediately to the court, the prosecutor, 25
the supervising community corrections officer, and the superintendent 26
of the special commitment center; (3) housing exists in Washington 27
that complies with distance restrictions, is sufficiently secure to 28
protect the community, and the person or agency providing housing to 29
the conditionally released person has agreed in writing to accept the 30
person, to provide the level of security required by the court, and 31
immediately to report to the court, the prosecutor, the supervising 32
community corrections officer, and the superintendent of the special 33
commitment center if the person leaves the housing to which he or she 34
has been assigned without authorization; (4) if the department has 35
proposed housing that is outside of the county of commitment, a 36
documented effort was made by the department to ensure that placement 37
is consistent with fair share principles of release; (5) the person 38
is willing to comply with the treatment provider and all requirements 39
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imposed by the treatment provider and by the court; ((and)) (6) the 1
person has expressed remorse for the sex offenses for which they were 2
criminally convicted; (7) the person willingly participated in sex 3
offender treatment while in total confinement; and (8) the person 4
will be under the supervision of the department of corrections and is 5
willing to comply with supervision requirements imposed by the 6
department of corrections. 7
Sec. 5. RCW 71.09.094 and 2001 c 286 s 11 are each amended to 8
read as follows: 9
(1) Upon the conclusion of the evidence in a hearing held 10
pursuant to RCW 71.09.090 or through summary judgment proceedings 11
prior to such a hearing, if the court finds that there is no legally 12
sufficient evidentiary basis for a reasonable jury to find that the 13
conditions set forth in RCW 71.09.092 have been met, the court shall 14
grant a motion by the state for a judgment as a matter of law on the 15
issue of conditional release to a less restrictive alternative.16
(2) Whenever the issue of conditional release to a less 17
restrictive alternative is submitted to the jury, the court shall 18
instruct the jury to return a verdict in substantially the following 19
form: Has the state proved beyond a reasonable doubt that ((either)): 20
(a) The proposed less restrictive alternative is not in the best 21
interests of respondent; ((or)) (b) the proposed less restrictive 22
alternative does not include conditions that would adequately protect 23
the community ; (c) the person has not expressed remorse for the 24
crimes for which they were convicted; or (d) the person did not 25
willingly participate in sex offender treatment while in total 26
confinement? Answer: Yes or No. 27
Sec. 6. RCW 71.09.096 and 2025 c 33 s 1 are each amended to read 28
as follows: 29
(1) If the court or jury determines that conditional release to a 30
less restrictive alternative is in the best interest of the person 31
and includes conditions that would adequately protect the community, 32
and the court determines that the minimum conditions set forth in RCW 33
71.09.092 and in this section are met, the court ((shall)) may enter 34
judgment and direct a conditional release. 35
(2) The court shall impose any additional conditions necessary to 36
ensure compliance with treatment and to protect the community. If the 37
court finds that conditions do not exist that will both ensure the 38
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person's compliance with treatment and protect the community, then 1
the person shall be remanded to the custody of the department of 2
social and health services for control, care, and treatment in a 3
secure facility as designated in RCW 71.09.060(1). 4
(3) If the service provider designated by the court to provide 5
inpatient or outpatient treatment or to monitor or supervise any 6
other terms and conditions of a person's placement in a less 7
restrictive alternative is other than the department of social and 8
health services or the department of corrections, then the service 9
provider so designated must agree in writing to provide such 10
treatment, monitoring, or supervision in accord with this section. 11
Any person providing or agreeing to provide treatment, monitoring, or 12
supervision services pursuant to this chapter may be compelled to 13
testify and any privilege with regard to such person's testimony is 14
deemed waived. 15
(4)(a) Prior to authorizing any release to a less restrictive 16
alternative, the court shall impose such conditions upon the person 17
as are necessary to ensure the safety of the community, which must 18
include, at minimum, the condition that the person will be subject to 19
electronic monitoring that, to the extent feasible, provides real-20
time tracking, programmable inclusion and exclusion zones, and the 21
ability to provide notifications if the person tampers with the 22
monitoring device or enters an exclusion zone. In imposing 23
conditions, the court must impose a restriction on the proximity of 24
the person's residence to public or private schools providing 25
instruction to kindergarten or any grades one through 12 in 26
accordance with RCW 72.09.340. Courts shall require a minimum 27
distance restriction of 500 feet on the proximity of the person's 28
residence to child care facilities and public or private schools 29
providing instruction to kindergarten or any grades one through 12. 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 or other stipulated geographically bounded area 7
unless the person receives prior authorization by the court, and any 8
other conditions that the court determines are in the best interest 9
of the person or others. A copy of the conditions of release shall be 10
given to the person and to any designated service 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 and adequately notifies 22
potentially impacted tribes . To ensure equitable distribution of 23
releases, and prevent the disproportionate grouping of persons 24
subject to less restrictive orders in any one county, or in any one 25
jurisdiction or community within a county, ((the legislature finds it 26
is appropriate for )) releases to a less restrictive alternative 27
((to)) shall occur in a manner that adheres to fair share principles. 28
The legislature recognizes that there may be reasons why the 29
department may not recommend that a person be released to his or her 30
county of commitment, including availability of individualized 31
resources, the person's support needs, or when the court determines 32
that the person's return to his or her county of commitment would be 33
inappropriate considering any court-issued protection orders, victim 34
safety concerns that cannot be addressed through use of global 35
positioning system technology, the unavailability of appropriate 36
treatment or facilities that would adequately protect the community, 37
negative influences on the person, and the location of family or 38
other persons or organizations offering support to the person. If the 39
court authorizes conditional release based on the department's 40
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proposal to a county other than the county of commitment, the court 1
shall enter specific findings regarding its decision and identify 2
whether the release remains in line with fair share principles.3
(b)(i) When the department develops a less restrictive 4
alternative placement under this section, it shall attempt to 5
identify a placement satisfying the requirements of RCW 71.09.092 6
that is aligned with fair share principles and adequately notifies 7
potentially impacted tribes . The department shall document its 8
rationale for the recommended placement. 9
(ii) If the department does not support or recommend conditional 10
release to a less restrictive alternative due to a clinical 11
determination, the department shall document its objection and 12
certify that the department is developing the less restrictive 13
alternative pursuant to a court order and not because of a clinical 14
determination. 15
(iii) When the department develops or proposes a less restrictive 16
alternative placement under this chapter, it shall be considered a 17
predisposition recommendation. 18
(iv) In developing, modifying, and enforcing less restrictive 19
alternatives, the department shall be deemed to be performing a 20
quasi-judicial function. 21
(c)(i) If the committed person is not conditionally released to 22
his or her county of commitment, the department shall provide the 23
((law and justice)) sheriff and county council of the county in which 24
the person is conditionally released with notice and a written 25
explanation, including whether the department remains in compliance 26
with fair share principles regarding releases under this chapter.27
(ii) If the proposed less restrictive alternative placement is 28
outside of the county of commitment and the placement does not comply 29
with fair share principles, the county wherein the less restrictive 30
alternative placement is proposed may deny the placement within its 31
jurisdiction upon a vote of the elected county officials.32
(d) For purposes of this section, the person's county of 33
commitment means the county of the court which ordered the person's 34
commitment. 35
(e) This subsection (5) does not apply to releases to a secure 36
community transition facility under RCW 71.09.250.37
(6)(a) When ordered by the court, the department must provide 38
less restrictive alternative treatment that includes, at a minimum:39
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(i) The services identified in the person's discharge plan as 1
outlined in RCW 71.09.080(4); 2
(ii) The assignment of a community care coordinator;3
(iii) Regular contacts with providers of court-ordered treatment 4
services; 5
(iv) Community escorts, if needed; 6
(v) A transition plan that addresses the person's access to 7
continued services upon unconditional discharge; 8
(vi) Financial support for necessary housing; 9
(vii) Life skills training and disability accommodations, if 10
needed; and 11
(viii) Assistance in pursuing benefits, education, and 12
employment. 13
(b) At the time the department of corrections is ordered to 14
investigate a proposed less restrictive alternative placement, 15
subject to the availability of amounts appropriated for this specific 16
purpose, the department shall assign a social worker to assist the 17
person with discharge planning, pursuing benefits, and coordination 18
of care prior to release. 19
(i) The social worker shall assist the person with completing 20
applications for benefits prior to the person's release from total 21
confinement. 22
(ii) To promote continuity of care and the individual's success 23
in the community, the department social worker shall be responsible 24
for initiating a clinical transition of care between the last 25
treating clinician at the special commitment center and the person's 26
designated community treatment provider. This transition between one 27
clinical setting to another shall occur no later than 15 days before 28
an individual's release from the special commitment center.29
(iii) If applicable, the social worker shall assist the person 30
with locating any needed disability accommodations in the community 31
and with obtaining resources to help address the person's identified 32
life skills needs prior to release from total confinement.33
(7) Any service provider designated to provide inpatient or 34
outpatient treatment shall monthly, or as otherwise directed by the 35
court, submit to the court, to the department of social and health 36
services facility from which the person was released, to the 37
prosecuting agency, to the county sheriff, and to the supervising 38
community corrections officer, a report stating whether the person is 39
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complying with the terms and conditions of the conditional release to 1
a less restrictive alternative. 2
(8) Each person released to a less restrictive alternative shall 3
have his or her case reviewed by the court that released him or her 4
no later than one year after such release and annually thereafter 5
until the person is unconditionally discharged. Review may occur in a 6
shorter time or more frequently, if the court, in its discretion on 7
its own motion, or on motion of the person, the secretary, or the 8
prosecuting agency so determines. The questions to be determined by 9
the court are whether the person shall continue to be conditionally 10
released to a less restrictive alternative, and if so, whether a 11
modification to the person's less restrictive alternative order is 12
appropriate to ensure the conditional release remains in the best 13
interest of the person and adequate to protect the victim and the 14
community. The court in making its determination shall be aided by 15
the periodic reports filed pursuant to subsection (7) of this section 16
and the opinions of the secretary and other experts or professional 17
persons. 18
Sec. 7. RCW 71.09.098 and 2025 c 58 s 2041 are each amended to 19
read as follows: 20
(1) Any service provider submitting reports pursuant to RCW 21
71.09.096(7), the supervising community corrections officer, the 22
prosecuting agency, the county sheriff, or the secretary's designee 23
may petition the court for an immediate hearing for the purpose of 24
revoking or modifying the terms of the person's conditional release 25
to a less restrictive alternative if the petitioner believes the 26
released person: (a) Violated or is in violation of the terms and 27
conditions of the court's conditional release order; or (b) is in 28
need of additional care, monitoring, supervision, or treatment.29
(2) The county sheriff, the community corrections officer, or the 30
secretary's designee may restrict the person's movement in the 31
community until the petition is determined by the court. The person 32
may be taken into custody if: 33
(a) The supervising community corrections officer, the 34
secretary's designee, or a law enforcement officer reasonably 35
believes the person has violated or is in violation of the court's 36
conditional release order; or 37
(b) The supervising community corrections officer or the 38
secretary's designee reasonably believes that the person is in need 39
p. 17 SB 5854
of additional care, monitoring, supervision, or treatment because the 1
person presents a danger to himself or herself or others if his or 2
her conditional release under the conditions imposed by the court's 3
release order continues. 4
(3)(a) Persons taken into custody pursuant to subsection (2) of 5
this section shall: 6
(i) Not be released until such time as a hearing is held to 7
determine whether to revoke or modify the person's conditional 8
release order and the court has issued its decision; and9
(ii) Be held in the county jail, at a secure community transition 10
facility, or at the total confinement facility, at the discretion of 11
the county sheriff or the secretary's designee. 12
(b) The court shall be notified before the close of the next 13
judicial day that the person has been taken into custody and shall 14
promptly schedule a hearing. 15
(4) Before any hearing to revoke or modify the person's 16
conditional release order, both the prosecuting agency and the 17
released person shall have the right to request an immediate mental 18
examination of the released person. If the conditionally released 19
person is indigent, the court shall, upon request, assist him or her 20
in obtaining a qualified expert or professional person to conduct the 21
examination. 22
(5) At any hearing to revoke or modify the conditional release 23
order: 24
(a) The prosecuting agency shall represent the state, including 25
determining whether to proceed with revocation or modification of the 26
conditional release order; 27
(b) Hearsay evidence is admissible if the court finds that it is 28
otherwise reliable; and 29
(c) The state shall bear the burden of proving by a preponderance 30
of the evidence that the person has violated or is in violation of 31
the court's conditional release order or that the person is in need 32
of additional care, monitoring, supervision, or treatment.33
(6)(a) If the court determines that the state has met its burden 34
referenced in subsection (5)(c) of this section, and the issue before 35
the court is revocation of the court's conditional release order, the 36
court shall consider the evidence presented by the parties and the 37
following factors relevant to whether continuing the person's 38
conditional release is in the person's best interests or adequate to 39
protect the community: 40
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(i) The nature of the condition that was violated by the person 1
or that the person was in violation of in the context of the person's 2
criminal history and underlying mental conditions; 3
(ii) The degree to which the violation was intentional or grossly 4
negligent; 5
(iii) The ability and willingness of the released person to 6
strictly comply with the conditional release order;7
(iv) The degree of progress made by the person in community-based 8
treatment; and 9
(v) The risk to the public or particular persons if the 10
conditional release continues under the conditional release order 11
that was violated. 12
(b) Any factor alone, or in combination, shall support the 13
court's determination to revoke the conditional release order.14
(7) If the court determines the state has met its burden 15
referenced in subsection (5)(c) of this section, and the issue before 16
the court is modification of the court's conditional release order, 17
the court shall modify the conditional release order by adding 18
conditions if the court determines that the person is in need of 19
additional care, monitoring, supervision, or treatment. The court has 20
authority to modify its conditional release order by substituting a 21
new treatment provider, requiring new housing for the person, or 22
imposing such additional supervision conditions as the court deems 23
appropriate. 24
(8) A person whose conditional release has been revoked shall be 25
remanded to the custody of the secretary for control, care, and 26
treatment in a total confinement facility as designated in RCW 27
71.09.060(1). The person is thereafter eligible for conditional 28
release only in accord with the provisions of RCW 71.09.090 and 29
related statutes. 30
NEW SECTION. Sec. 8. If any provision of this act or its 31
application to any person or circumstance is held invalid, the 32
remainder of the act or the application of the provision to other 33
persons or circumstances is not affected.34
NEW SECTION. Sec. 9. This act is necessary for the immediate 35
preservation of the public peace, health, or safety, or support of 36
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the state government and its existing public institutions, and takes 1
effect immediately. 2
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