| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to prohibiting sexually violent predators from being placed in less restrictive alternatives located in areas with a high concentration of children; |
| Bill Description | Prohibiting sexually violent predators from being placed in less restrictive alternatives located in areas with a high concentration of children. |
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What this bill does
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This bill amends existing law in RCW 71.09.020, 71.09.092, and 71.09.096 to change definitions and procedures governing conditional release (less restrictive alternatives) for persons civilly committed under chapter 71.09. It narrows the statutory definition of "less restrictive alternative" to only include placements the department of social and health services has investigated and verified as being in a location where the ratio of adults to children within a 500-foot radius exceeds three to one, and it expressly excludes placement in the community protection program under RCW 71A.12.230. The bill also updates and restates many statutory definitions used in the chapter, including definitions for the department, secretary, secure facilities, sexually violent offense, sexually violent predator, mental abnormality, predatory, and related terms.
The bill imposes new procedural and evidentiary requirements before a court may order conditional release. The court must make specified findings about the treatment provider (qualified under chapter 18.155 RCW), a specific treatment plan and reporting obligations, housing that has been investigated and verified by the department and that complies with distance and security requirements, documented fair-share efforts for out-of-county placements, the person's willingness to comply, and supervision by the Department of Corrections. Conditions of release must include electronic monitoring with real-time tracking and programmable inclusion/exclusion zones to the extent feasible, a minimum 500-foot residential distance from child care facilities and K–12 schools, and residence location verified to meet the adult:child ratio requirement. The Department of Corrections must investigate proposed less restrictive alternatives and recommend conditions within 60 days, may be deemed to perform quasi-judicial functions in developing/modifying/enforcing placements, must provide certain transition and support services when ordered, and must assign a social worker for discharge planning subject to available appropriations.
Other legal changes include procedural obligations on service and housing providers (they must agree in writing to provide services or accept a placement, submit regular reports to the court and authorities, and can be compelled to testify with any testimonial privilege waived), mandatory court review of each conditional release no later than one year after release and annually thereafter, and a requirement that if the court finds no set of conditions will ensure compliance and community protection the person be remanded to DSHS custody in a secure facility. The extracted text ends mid-sentence and does not include any effective date, full subsection text for RCW 71.09.096(4)(a), the specific language of unspecified distance restrictions beyond the 500-foot rules noted, or full cross-reference details (for example, which department is referenced in each place), so those details are uncertain from the provided material.
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Why it matters
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If passed, the bill would make it harder to place sexually violent predators on conditional release by adding exact housing and supervision requirements courts must find before approval. Counties, the Department of Corrections (DOC), and DSHS would spend more time and money: DOC must investigate potential placements and produce recommendations within 60 days, assign social workers for transition planning (subject to available appropriations), and supervise people in the community; DSHS must investigate and verify housing locations meet adult-to-child ratio and security checks; treatment providers must be certified, provide regular reports, and can be compelled to testify; housing providers must sign agreements, provide court-required security, and immediately report absences. Electronic monitoring with real-time tracking, geofencing, and tamper alerts becomes a baseline condition, and courts must place residences at least 500 feet from K–12 schools and child care, or otherwise remand the person to a secure facility if safe placements cannot be found.
These changes shift costs and operational burdens to DOC, DSHS, county systems, treatment and housing providers, and to courts that must make detailed findings and conduct annual reviews. Counties may face more placements only if they meet “fair share” principles and DOC must document efforts and notify local law and justice councils when placements move across county lines. Key details needed to predict exact impacts—such as the precise distance restrictions referenced, full text of the amended subsection left out, and any funding or effective date—are missing from the provided text.
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| Official Documents | View Full Bill Text |
| Representative Barnard (Primary) |
| Representative Connors |
| Representative Eslick |
| Representative Rude |