Substitute House Bill 1390 repeals the statutory “community protection program,” amends parts of chapter 71.09 RCW, creates new sections, and directs the Department of Social and Health Services (DSHS) to transition people then in the community protection program into other services. The bill requires DSHS to develop and implement a transition plan by December 31, 2026, and Section 2 of the act expires July 1, 2027. Sections 3 through 5 take effect January 1, 2027. The bill also lists specific RCW sections to be repealed (RCW 71A.12.200, .210, .220, .230, .240, .250, .260, and .280). The act amends RCW 71.09.020 to provide detailed definitions used in chapter 71.09, including terms such as “department,” “less restrictive alternative,” “mental abnormality,” “personality disorder,” “predatory,” “sexually violent offense,” “sexually violent predator,” “secure facility,” and related terms defining facilities and treatment. RCW 71.09.060 is amended to revise the court and jury determination process for whether a person is a sexually violent predator, to state the burden of proof and certain procedural matters, to address placement and voluntary treatment options if unconditionally released, and to prescribe retrial timing if a jury is deadlocked (a retrial within 45 days unless dismissed, subject to continuance for good cause). The bill makes several procedural and placement changes: it bars release of a person charged with a sexually violent offense prior to retrial or dismissal; requires a court hearing and specified findings when commitment is later sought for a person previously found incompetent and released; applies the rules of criminal evidence and most constitutional trial rights at that hearing; requires detention in a secure facility during proceedings (multi-day proceedings may use county jails); authorizes county reimbursement under rules adopted by the secretary; prohibits placing these individuals in state mental facilities or regional habilitation centers because those sites are deemed insufficiently secure; and provides that less restrictive alternative placement may be ordered only after a hearing under RCW 71.09.090 following initial commitment. The extracted material is incomplete in places: one amended provision (RCW 71.09.060) ends mid-sentence, the full text of the repealed RCW sections is not included, and any additional new sections or full effective-date and transitional details beyond those stated are not provided here.

If enacted, the bill ends Washington’s community protection program and requires the Department of Social and Health Services to develop and carry out a plan by December 31, 2026 to move everyone in that program into other services or programs, aiming to provide less restrictive options without cutting supports. Practically, this will shift planning and placement work to DSHS and its Home and Community Living Administration, likely increasing DSHS workload and changing where people receive services; the transition requirement is time-limited (section 2 expires July 1, 2027), so agencies have a compressed window to rehouse and reassign services. Courts, counties, and DSHS will also see operational changes: people charged with sexually violent offenses cannot be released before retrial or dismissal, courts must hold detailed hearings when incompetence to stand trial was previously found, and persons present at proceedings must be held in secure settings (counties may hold multi-day proceedings in jail and are entitled to reimbursement under rules adopted by the secretary). DSHS is barred from using state mental facilities or regional habilitation centers for these individuals, pushing placements toward secure community or total confinement facilities and changing custody and placement costs and risks; important implementation details and the full text of the repealed community protection provisions are not included here, so some practical impacts and funding consequences remain unclear.