| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to requiring a less restrictive alternative placement to be owned and operated by the same individuals; |
| Bill Description | Requiring a less restrictive alternative placement to be owned and operated by the same individuals. |
|
What this bill does
Powered by Legitron |
This bill amends existing law (RCW 71.09.096) to revise procedures and conditions for directing a person on conditional release to a less restrictive alternative. It requires courts or juries to find conditional release is in the person's best interest and that minimum statutory conditions are met, and it directs courts to impose specified additional conditions necessary to ensure treatment compliance and community protection or remand the person to DSHS secure custody if no appropriate conditions exist. The changes are procedural and supervisory: they expand required conditions of release, mandate specific monitoring technology, and adjust who must participate and report.
The bill adds specific requirements for release conditions and oversight: at minimum, electronic monitoring with real-time tracking and tamper notifications; a 500-foot minimum residency distance from child care facilities and public or private K–12 schools (plus compliance with RCW 72.09.340); written agreements from non-DSHS/DOC providers designated to provide treatment or supervision and a waiver of privilege so such providers may be compelled to testify; and a nonexclusive list of possible individualized conditions (residence restrictions, verified social contacts, victim contact prohibitions, substance use prohibitions, inpatient or outpatient treatment including polygraph/plethysmograph monitoring, GPS monitoring, DOC community corrections supervision, limits on leaving the state, and other court-ordered conditions).
The bill imposes new procedural duties and deadlines: DOC must investigate proposed less restrictive placements and recommend additional individualized conditions within 60 days; the department must treat its placement proposals as predisposition recommendations and is deemed to be performing a quasi‑judicial function; parties (the person, counsel, prosecuting agency, treatment and supervising staff) must collaborate to craft individualized, empirically based conditions; DSHS/DOC must provide specified transition services and assign social worker assistance subject to funds, including initiating clinical transition at least 15 days before release; designated service providers must submit monthly compliance reports; and the releasing court must review each conditional release within one year of release and annually thereafter. The bill does not, in the provided text, create new crimes or change criminal penalties.
Important contextual material is not included in the provided facts: the contents of the “minimum conditions” and the referenced provisions in RCW 71.09.092, RCW 71.09.080(4), RCW 71.09.060(1), RCW 72.09.340, and RCW 71.09.250 are not provided, nor are procedures for verifying residence ownership or consequences if verification fails. These referenced sections and any additional parts of the bill beyond the extracted facts would be needed to fully understand all obligations and limits.
|
|
Why it matters
Powered by Legitron |
If enacted, more people committed under this law could be placed in supervised, less restrictive settings instead of remaining in secure custody, but courts will require strict safeguards before and after release—real-time electronic monitoring where feasible, a 500-foot limit from schools and child care, DOC investigations within 60 days, monthly compliance reports from treatment providers, and yearly court reviews. That will shift new workloads to courts, the Department of Social and Health Services and the Department of Corrections (investigations, documentation, and court reports), require social workers to lead pre-release benefits and care coordination, and force non-DSHS/DOC treatment providers to sign agreements, provide monitoring and regular compliance reports, and face compelled testimony.
The most affected groups are the people being released, who will face tighter supervision and proximity limits; DSHS and DOC, which will likely need more staff and resources to investigate placements, assign social workers, and document fair-share rationales; and community treatment providers, which will incur costs to deliver monitoring, testing, and reporting. The bill ties some duties to available appropriations, so actual rollout, staffing levels, and costs are uncertain, and several implementation details rely on other statutory sections not provided here (for example the exact “minimum conditions” and how home ownership or placement verification will be handled).
|
| Official Documents | View Full Bill Text |
| Hearing | Senate Human Services (Public) |