| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to prohibiting sexually violent predators from being placed in less restrictive alternatives within 500 feet of, or with a sight line to, certain facilities or schools; |
| Bill Description | Prohibiting sexually violent predators from being placed in less restrictive alternatives within 500 feet of, or with a sight line to, certain facilities or schools. |
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What this bill does
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This bill amends RCW 71.09.096 to change procedures and conditions for ordering conditional release to a less restrictive alternative for persons committed under chapter 71.09. It is a procedural and regulatory change to existing law, not the creation of a new crime. The amended section requires courts to order conditional release if found to be in the person's best interest and minimum conditions are met, to impose any additional conditions needed for treatment compliance and community protection, and to remand the person to secure DSHS custody if no appropriate conditions exist.
The amendment specifies a range of possible conditions and monitoring tools the court may require, including residence and minimum distance restrictions (a 500-foot minimum and prohibiting sight lines to child care facilities, K–12 schools, and listed recreational facilities), verified social contacts, no contact with victims, prohibitions on alcohol or drug use, mandated treatment (which may include polygraph and plethysmograph monitoring), GPS or electronic monitoring with real-time tracking and tamper/zone alerts, supervision by a DOC community corrections officer, and staying in-state unless authorized. Non-DSHS/DOC service providers designated to deliver treatment or supervision must agree in writing, may be compelled to testify, and privilege is waived; they must submit monthly or court-directed compliance reports. The court must review conditional release within one year of release and annually thereafter, with earlier reviews allowed.
The bill imposes procedural duties on agencies: DOC must investigate proposed less restrictive alternatives and recommend additional individualized conditions within 60 days; DSHS must provide specified transition and community-based services when ordered and, subject to appropriations, assign a social worker to begin clinical transition no later than 15 days before release. The statute requires collaborative, individualized, empirically based planning among the person, counsel, the original prosecuting agency, treatment providers, supervising community corrections officer, and special commitment center clinical staff, and directs the department to consider “fair share” placement principles, document rationale for departures, notify receiving counties’ law and justice councils when releases go to counties other than the county of commitment, and treat placement development as a quasi-judicial function. The subsection on fair share does not apply to releases to a secure community transition facility under RCW 71.09.250.
The provided text references other statutes for definitions and baseline requirements (RCW 71.09.092, RCW 71.09.060(1), RCW 72.09.340, RCW 36.69.010, RCW 71.09.080(4), RCW 71.09.250), but those provisions and definitions (for example, the definitions of “less restrictive alternative,” “child care facilities,” or the persons subject to commitment) are not included here. It is also unclear from these extracts whether this amendment is the only change in the bill or part of a larger set of amendments.
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Why it matters
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If enacted, the law would make conditional release from a special commitment more conditional and supervised: courts would generally require written agreements from treatment providers, real-time electronic monitoring with exclusion zones, and prohibit living where there is a sight line to or within 500 feet of schools, child care, and certain recreation sites. DOC must investigate and recommend extra conditions within 60 days, DSHS must deliver a package of community treatment and supports when ordered (including a community care coordinator and, subject to specific appropriations, a social worker to start transition 15 days before release), providers must report compliance monthly, and the court must review releases at least yearly.
The people most affected are committed individuals (who will face stricter placement, monitoring, and residence limits), treatment providers (who must sign on, submit reports, and may be compelled to testify), DSHS and DOC (more responsibilities and time deadlines for planning and recommendations), and counties receiving placements (which must be considered under “fair share” rules and may get formal explanations when a person is placed outside their committing county). Practical consequences likely include higher costs and administrative work for monitoring, housing restrictions and relocation, expanded clinical transition tasks for state staff, and potential disputes between counties; however, key details about terms like “less restrictive alternative” and other cross-referenced rules are not included here, so some implementation specifics remain unclear.
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| Official Documents | View Full Bill Text |
| Senator Torres (Primary) |
| Senator Boehnke |
| Senator Conway |
| Senator Dozier |
| Senator Gildon |
| Senator Holy |