| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to prohibiting a less restrictive alternative placement from abutting a residence with a minor in the household; |
| Bill Description | Prohibiting a less restrictive alternative placement from abutting a residence with a minor in the household. |
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What this bill does
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This bill amends existing law (RCW 71.09.096) and changes procedures and conditions governing conditional release to a less restrictive alternative (LRA). It is a procedural change to the conditional release process rather than a new crime or penalty change. Courts must impose conditions to protect community safety before authorizing an LRA, and electronic monitoring is required at minimum, with features intended to support real-time tracking, programmable inclusion/exclusion zones, and tamper notifications. The court must impose residency restrictions, including a minimum 500-foot separation from child care facilities and public or private K–12 schools and a requirement that the person’s residence not abut a residence with a minor in the household.
The Department of Corrections (DOC) must investigate a proposed LRA and, within 60 days, recommend individualized additional conditions such as residence specifications, verified social contacts, victim-contact prohibitions, substance use prohibitions, specified treatment (including polygraph/plethysmograph), GPS monitoring, DOC community corrections supervision, and travel restrictions. Service providers other than DSHS or DOC must agree in writing to provide required services and may be compelled to testify, with any testimonial privilege waived for that testimony. Parties, including the person, counsel, prosecutors, providers, supervising DOC officers, and SCC clinical staff, are to meet to develop individualized, empirically based conditions for the court’s consideration.
The amendment requires DOC to document and consider “fair share principles” when proposing placements and to notify the receiving county’s law and justice council with an explanation when release is to a different county. When ordered by the court, the department must provide minimum LRA treatment and transition services and, subject to available appropriations, assign a social worker to assist with discharge planning and begin clinical transition no later than 15 days before release. Designated service providers must submit monthly compliance reports and each person released to an LRA must have a court review no later than one year after release and annually thereafter. Important definitions and some referenced provisions are not included in the provided text: the bill excerpt does not define “less restrictive alternative,” does not explain “fair share principles,” does not identify which “secretary” is referenced, and omits the text of the other cited RCWs needed to fully interpret cross-references.
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Why it matters
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If enacted, the bill will make it harder and costlier to place and supervise people released to less restrictive settings. Courts and the Department of Corrections will need to screen proposed placements more thoroughly and meet tight timelines (DOC must investigate and recommend conditions within 60 days), impose electronic GPS-style monitoring as a baseline, and enforce strict residence rules (no homes within 500 feet of K–12 schools or child care and not abutting a home with a minor). That will increase workload and likely require new monitoring equipment and contracts, more housing searches or higher housing costs to meet distance rules, monthly compliance reporting from treatment providers, and more court review hearings (first review within a year and then annually). Service providers outside state agencies must sign to provide services and can be compelled to testify, which may make some providers reluctant to participate.
The law also creates new service expectations for DSHS and DOC (discharge planning, community care coordination, clinical transition starting 15 days before release, housing and life-skills supports), but assigning a social worker for those tasks depends on available appropriations, so the needed staffing and funding are not guaranteed. Key details needed to judge full impact are missing from the text you provided—most importantly how “less restrictive alternative” and “fair share principles” are defined, which agency “the secretary” refers to, and the content of several referenced RCWs—so the likely costs, timing, and whether counties must take placements remain uncertain.
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| Official Documents | View Full Bill Text |
| Representative Barnard (Primary) |
| Representative Connors |
| Representative Rude |
| Representative Stuebe |