| 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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The bill amends RCW 71.09.092 to add procedural requirements a court must satisfy before ordering conditional release to a less restrictive alternative. It requires the court to make six specific findings about (1) a treatment provider who is qualified under chapter 18.155 RCW and who will present and assume responsibility for a course of treatment, (2) housing that is available, meets specified distance and security conditions, and has a provider who agrees in writing to accept the person, (3) documented efforts if the department proposes housing outside the county of commitment to ensure placement is consistent with “fair share” principles, (4) the person’s willingness to comply with treatment and supervision, and (5) supervision by the Department of Corrections. Before making these findings the court must allow the prosecutor of the county where the proposed housing is located to make recommendations, must consider those recommendations, and must explain in writing if its findings materially differ from them.
The bill also imposes reporting duties: the treatment provider must report progress regularly and immediately report violations to the court, the county prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; housing providers must immediately report unauthorized departures to the same parties. Affected entities include courts, county prosecutors, treatment providers qualified under chapter 18.155 RCW, supervising community corrections officers, the superintendent of the special commitment center, the Department of Corrections, housing providers, and the person proposed for conditional release. The text provided does not identify which “department” is referenced in one subsection, does not define terms such as “less restrictive alternative,” “distance restrictions,” “fair share principles of release,” “county of commitment,” “supervising community corrections officer,” or “superintendent of the special commitment center,” and contains no effective date or other sections that may be part of the full bill.
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Why it matters
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If enacted, the law would make it harder and more administratively involved to move someone from a secure commitment into a less restrictive setting by requiring the court to find six specific things before ordering conditional release, including qualified treatment, suitable and secure housing, documented placement efforts when outside the county, the person’s willingness to comply, and DOC supervision. County prosecutors where the proposed housing is located gain a formal chance to weigh in and the court must explain in writing if it ignores their recommendations. Treatment providers and housing operators would have new, immediate reporting duties to the court, the local prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center, and they must agree in writing to take responsibility for treatment, security, and notifying authorities about violations or unauthorized departures.
The groups most affected are courts, county prosecutors, treatment providers certified under chapter 18.155 RCW, housing providers, supervising community corrections officers, the Department of Corrections, the superintendent of the special commitment center, and the person proposed for release. Expect increased workloads, documentation, coordination, and possible extra security or administrative costs for providers, and likely slower or fewer conditional releases when requirements or placements cannot be quickly documented or agreed to. The text leaves unclear which “department” is referenced in one subsection, lacks definitions for several terms (like distance restrictions and fair share principles), and does not provide an implementation timeline.
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| Official Documents | View Full Bill Text |