| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to requiring the court to consider recommendations from the prosecutor before approving a less restrictive alternative for a sexually violent predator; |
| Bill Description | Requiring the court to consider recommendations from the prosecutor before approving a less restrictive alternative for a sexually violent predator. |
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What this bill does
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This bill amends RCW 71.09.092 to change the procedure a court must follow before ordering conditional release to a less restrictive alternative. It requires the court to make all of the specified findings in subsection (1)(a)–(f) before entering such an order, and it requires that, before making those findings, the court allow the county prosecutor where the proposed housing is located to make recommendations about the appropriateness of that housing. The court must consider the prosecutor’s recommendations and must explain in writing if its findings materially differ from those recommendations.
The required findings are that the treatment provider is qualified under chapter 18.155 RCW; that the provider has presented a specific course of treatment, agreed to assume responsibility, and will report progress and violations to the court, prosecutor, supervising community corrections officer, and the superintendent of the special commitment center; that housing exists in Washington meeting referenced distance restrictions and security requirements and that the housing provider has agreed in writing to accept the person and immediately report unauthorized departures; that if the department proposed housing outside the county of commitment it documented efforts to align placement with fair share principles of release; that the person is willing to comply with treatment and court-imposed requirements; and that the person will be under the supervision of the Department of Corrections and is willing to comply with that supervision.
Affected parties expressly identified include the county prosecutor where housing is located, courts issuing conditional release orders, treatment providers qualified under chapter 18.155 RCW, the Department of Corrections and its supervising community corrections officer, the superintendent of the special commitment center, housing providers, and the conditionally released person. The extracted text does not define which "department" is referenced, does not define the cited distance restrictions or the "fair share principles of release," does not identify the specific special commitment center, and does not state an effective date.
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Why it matters
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If enacted, the bill adds formal steps before a court can place a person on conditional release: the court must let the county prosecutor weigh in on the proposed housing, consider the prosecutor’s views, and explain in writing if the court ignores them. Treatment providers must meet Washington licensing rules (chapter 18.155 RCW), agree to take responsibility for a specific treatment plan, and regularly report progress and violations to multiple officials. Housing providers must meet unspecified distance and security limits, sign written acceptance, and immediately report unauthorized departures. The agency that proposes out-of-county placements must document efforts to follow “fair share” placement principles. These requirements will likely slow decision timelines and add paperwork and monitoring duties for courts, prosecutors, treatment programs, housing providers, and the proposing agency.
The people and organizations most affected are county prosecutors (new review and recommendation duties), courts (additional consideration and written explanations), treatment and housing providers (added qualification, reporting, security, and written-agreement obligations that may increase administrative and operational costs), the department that proposes housing (new documentation duties), and conditionally released persons (fewer housing options if providers or sites don’t meet the requirements). Key details are unclear from the text provided—specifically which “department” is meant, what the distance restrictions and “fair share” principles require, which special commitment center is referenced, and when the change would take effect—so the practical impact could vary depending on those definitions.
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| Official Documents | View Full Bill Text |