| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to residential restrictions for conditional release to a less restrictive alternative; |
| Bill Description | Concerning residential restrictions for conditional release to a less restrictive alternative. |
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What this bill does
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This bill amends existing law in RCW 71.09.096 (and 2025 c 33 s 1) to change procedures for conditional release to a less restrictive alternative (LRA). It does not create a new crime or change criminal penalties; it imposes procedural requirements and new conditions for when and how courts must order and supervise LRAs.
Under the amendment, if a court or jury finds conditional release is in a person’s best interest and minimum statutory conditions are met, the court must enter judgment directing conditional release and impose any additional conditions needed for treatment compliance and community protection; if no suitable conditions exist the person is to be remanded to custody of the department of social and health services in a secure facility. The bill requires written agreements and waiver of testimonial privilege for non-DSHS/non-DOC providers designated to provide services, mandates electronic monitoring (to the extent feasible) with real-time tracking and programmable inclusion/exclusion zones, and requires a residential proximity restriction of at least one-half mile from child care facilities, K–12 schools, and certain recreational facilities. The court must order the Department of Corrections to investigate proposed LRAs and recommend individualized conditions within 60 days. The bill lists example conditions courts may impose, requires collaboration among stakeholders to craft individualized conditions, directs monthly reporting by designated providers, requires court review of each LRA within one year and annually thereafter, and sets duties for assigned social workers and community care coordination tied to release planning and transition.
The amendment also requires the department to consider and document “fair share” placement principles, notify receiving counties’ law and justice councils when placements cross counties, and treats the department’s placement proposals as quasi‑judicial predisposition recommendations. Affected entities include courts and juries, DSHS, DOC, designated service providers, prosecuting agencies, special commitment center clinical staff, community corrections officers, and local law and justice councils. The text repeatedly uses the term “the department” but does not always specify which department is meant in every instance, and the chunk provided does not reproduce or explain the other RCW sections it references, so some specific operational details and cross‑statutory definitions are unclear from the extracted material.
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Why it matters
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If enacted, courts will be required to impose detailed, individualized conditions before releasing someone from a special commitment into the community, including real‑time electronic monitoring, a half‑mile prohibition from schools and child care, and other supervision or treatment requirements. That will shift clear operational responsibilities and new recurring costs onto state agencies and local providers: the Department of Corrections must do a 60‑day investigation and recommend conditions, the Department of Social and Health Services must provide or arrange specified transition services (including financial support for housing and assignment of a community care coordinator), non‑state providers will have to sign agreements, submit monthly compliance reports, and can be compelled to testify, and courts must hold annual review hearings.
Practically, this increases workload and likely funding needs for DOC, DSHS, courts, community corrections officers, designated treatment providers, and county law and justice councils that receive placements; assignment of a DOC social worker to assist release planning is explicitly subject to available appropriations, creating a funding dependency and some implementation uncertainty. The text also leaves unclear in several places which agency is meant by “the department” and relies on other statutes not reproduced here for full details, so some operational responsibilities and timelines may remain uncertain until those cross‑references are clarified.
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| Official Documents | View Full Bill Text |