| Momentum Bucket | Viable |
| 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. |
|
What this bill does
Powered by Legitron |
This bill amends existing law (RCW 71.09.020, 71.09.092, and 71.09.096) and changes procedures and placement criteria for conditional release of persons civilly committed as sexually violent predators. It does not create a new crime but creates new procedural requirements and placement restrictions for "less restrictive alternative" releases, including that such placements may only be in locations the department has investigated and verified as having an adults-to-children ratio within a 500-foot radius that exceeds 3:1. Housing for conditional release must meet security and reporting requirements, include a written acceptance from the housing provider, and comply with distance restrictions that include a minimum 500-foot separation from child care facilities and public or private K–12 schools and a court-imposed proximity restriction to K–12 schools under RCW 72.09.340. Electronic monitoring as a condition must, to the extent feasible, provide real-time tracking, programmable inclusion and exclusion zones, and tamper or exclusion notifications.
The bill also tightens qualifications, duties, and reporting for treatment providers and supervising agencies: treatment providers for conditional release must be qualified under chapter 18.155 RCW, present a specific course of treatment, assume responsibility, report progress regularly to the court, and report violations immediately to specified parties. The person must be under Department of Corrections supervision and willing to comply with supervision. The Department of Corrections must investigate proposed less restrictive alternatives and recommend additional conditions within 60 days; when ordered to investigate, the department must assign a social worker (subject to appropriation) to assist with benefits, discharge planning, and to initiate a clinical transition at least 15 days before release. Designated service providers must submit monthly compliance reports, and non-DSHS/DOC providers must agree in writing to provide services and may be compelled to testify with any testimonial privilege waived.
The court must find statutory conditions are met before authorizing conditional release and must review each conditional release case no later than one year after release and annually thereafter until unconditional discharge; if the court finds no conditions will both ensure compliance and protect the community, the person is to be remanded to DSHS custody. The department must document efforts to ensure placements align with fair share principles and must document objections if it opposes release for clinical reasons; department proposals are treated as predisposition recommendations and the department’s role is characterized as quasi‑judicial. The provided facts are incomplete: the text ends mid-sentence in RCW 71.09.096(4)(a), some cross-references to "the department" and "secretary" are not consistently identified in the extracted material, and not all distance or other statutory language may be present in these excerpts.
|
|
Why it matters
Powered by Legitron |
If enacted, the bill would make conditional community placements for civilly committed sexually violent predators harder to arrange and more tightly supervised: housing must be at least 500 feet from child care and K–12 schools, be in a location where adults outnumber children by more than three to one within 500 feet as verified by the department, be secured with a written acceptance by the housing provider to enforce security and immediately report unauthorized departures, and the released person must be under DOC supervision and subject to real‑time electronic monitoring with geofencing and tamper alerts. Courts must see that licensed treatment providers accept responsibility, report regularly, and that DOC and the department investigate placements and document fairness across counties; court review of each release must occur within a year and annually thereafter. These changes will likely reduce the pool of eligible community housing, increase workload for DSHS and DOC to investigate and verify placements and to prepare recommendations within defined timeframes, raise costs for electronic monitoring technology and for providers who must assume security and reporting duties, and create more administrative and legal exposure for treatment and service providers who must enter written agreements and may be compelled to testify.
The agencies and groups most affected are DSHS (and the secretary’s office), the Department of Corrections, county courts and prosecutors, licensed treatment providers, community corrections officers, counties managing fair‑share placement expectations, and housing providers who accept releases. DOC and DSHS will need staff time and possibly new appropriations (a DOC social worker assignment is subject to specific funding) to meet investigation, transition, and reporting timelines; treatment and housing providers will face new contractual duties and potential liability or administrative costs to comply; and counties may see limitations on where residents can be placed, requiring more coordination or documentation if placements cross county lines. Some implementation details remain unclear from the available text — for example, which specific “department” is responsible in certain provisions and the portion of RCW 71.09.096 that was omitted — so the exact operational impacts could vary.
|
| Official Documents | View Full Bill Text |