Ordinance 34140006.900000
WSS /gjz
8/1/02
ORDINANCE NO. 3414
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ELECTING TO BE PREEMPTED IN
ACCORDANCE WITH THE PROVISIONS OF ESSB 6594,
ESTABLISHING ADDITIONAL STANDARDS FOR THE
SITING OF SECURED COMMUNITY TRANSITION
FACILITIES, PROVIDING FOR A PROCESS TO COMMENT
TO THE STATE AND TO OPPOSE SITING OF ANY
FACILITY WHICH DOES NOT COMPORT WITH THE
REQUIREMENTS HEREIN ADOPTED, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, ESSB 6594 provides that a county or city which does not adopt
development regulations providing for the siting of secured community transition facilities
(SCTF's) by September, 2002 shall be preempted from regulating the siting; and
WHEREAS, such legislation provides for a comment and mediation process
whereby counties and cities which have been preempted from action may mediate their concerns
before a mediator with law enforcement expertise appointed by the Governor; and
WHEREAS, the Edmonds City Council finds that adopting development
regulations would provide the City with little or no meaningful regulatory authority and inhibit
the City Council and Mayor's appropriate role as an advocate for the interests and safety of City
residents; and
WHEREAS, the Edmonds City Council deems it to be in the public interest to
provide for general safety precautions and measures which it deems to be necessary and
appropriate in addition to specific measures which may be appropriate for .a particular site or
location, NOW, THEREFORE,
{WSS523366.DOC;1/00006.900000/) - I -
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. In accordance with the provisions of ESSB 6594, the Edmonds City
Council hereby states its intention and election to be preempted in accordance with the
provisions of Section 9 of that Act to be codified in Chapter 71.09 RCW. The City Council finds
that the constraints imposed on the City Council when acting as a quasi-judicial hearing body
inappropriately limits its role. The City Council therefore elects to become an advocate for the
safety and welfare of its citizens, thereby enabling it to utilize the mediation procedures
established by ESSB 6594, Section 9.
Section 2. The Mayor, through the Police Chief, is requested to investigate and
develop additional safety and development standards for SCTF's, in consultation with area law
enforcement professionals such as the Snohomish County Sheriff. Such standards shall be
recommended for any site within the City which is selected by the State for development as a
SCTF.
Section 3. The Edmonds City Council respectfully requests and directs the Mayor
and his staff to monitor any notice of siting of a secure community transition facility within the
City. In the event of such notification, the Mayor and staff are respectfully requested to
comment on such application, urging the incorporation of the safety standards which will be
developed as well as any other safety measures which the specific site and its operating standards
shall call for. In the course of comment, the Mayor and staff are requested to consult with the
citizens groups and which may represent the affected location including any neighborhood
outside of the City but within the City's Urban Growth Area where the SCTF is proposed to be
sited, as well as to consult with the Snohomish County Sheriff and other appropriate law
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enforcement agencies. If the proposed conditions are not incorporated, the Mayor is authorized
and urged to challenge the conditions of siting and to request that the Governor appoint a
mediator in accordance with the provisions of ESSB 6594 and Chapter 71.09 RCW.
Section 4. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
MAYQk GAR NSON
ATTEST /AUTHENTICATED:
, , Z' e- W&" - ,
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK. 08/02/2002
PASSED BY THE CITY COUNCIL: 08/06/2002
PUBLISHED: 08/11/2002
EFFECTIVE DATE: 08/16/2002
ORDINANCE NO. 3414
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SUMMARY OF ORDINANCE NO. 3414
of the City of Edmonds, Washington
On the 6th day of August, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3414. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ELECTING TO BE
PREEMPTED IN ACCORDANCE WITH THE PROVISIONS OF ESSB 6594,
ESTABLISHING ADDITIONAL STANDARDS FOR THE SITING OF SECURED
COMMUNITY TRANSITION FACILITIES, PROVIDING FOR A PROCESS TO COMMENT
TO THE STATE AND TO OPPOSE SITING OF ANY FACILITY WHICH DOES NOT
COMPORT WITH THE REQUIREMENTS HEREIN ADOPTED, AND. FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of August, 2002.
"// . "r
CITY CLERK, SANDRA S. CHASE
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CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 6594
Chapter 68, Laws of 2002
57th Legislature
2002 Regular Session
SECURE COMMUNITY TRANSITION FACILITIES
EFFECTIVE DATE: 3/21/02
Passed by the Senate March 12, 2002
YEAS 29 NAYS 15
BRAD OWEN
President of the Senate
Page 1 of 11
Passed by the House March 8, 2002
YEAS 55 NAYS 41 CERTIFICATE
I. Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby
certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 6594 as passed by
the Senate and the House of Representatives on the dates hereon set forth.
FRANK CHOPP
Speaker of the
House of RepresentativesTONY M. COOK
Approved March 21, 2002
Secretary
FILED
March 21, 2002 - 2:16 p.m.
GARY LOCKE
Governor of the State of Washington Secretary of State
State of Washington
ENGROSSED SUBSTITUTE SENATE BILL 6594
AS AMENDED BY THE HOUSE
Passed Legislature - 2002 Regular Session
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State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Human Services & Corrections (originally
sponsored by Senators Carlson, Costa, Hargrove and Long; by request of
Jt Select Comm on the Equitable Distrib of Secure Community Transition
Facil)
READ FIRST TIME 02/08/2002.
AN ACT Relating to the implementation of the recommendations of the
joint select committee on the equitable distribution of secure
community transition facilities; amending RCW 36.70A.200, 71.09.020,
71.09.285, 71.09.305, 71.09.255, and 36.70A.103; adding a new section
to chapter 4.24 RCW; adding new sections to chapter 71.09 RCW; adding
a new section to chapter 34.05 RCW; adding a new section to chapter
43.21C RCW; adding a new section to chapter 90.58 RCW; adding a new
section to chapter 77.55 RCW; creating a new section; providing
expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +1 Sec. 1. The purpose of this act is to:
(1) Enable the legislature to act upon the recommendations of the
joint select committee on the equitable distribution of secure
community transition facilities established in section 225, chapter 12,
Laws of 2001 2nd sp. sess.; and
(2) Harmonize the preemption provisions in RCW 71.09.250 with the
preemption provisions applying to future secure community transition
facilities to reflect the joint select committee's recommendation that
the preemption granted for future secure community transition
facilities be the same throughout the state.
Sec. 2. RCW 36.70A.200 and 2001 2nd sp.s. c 12 s 205 are each
amended to read as follows:
(1) The comprehensive plan of each county and city that is planning
under RCW 36.70A.040 shall include a process for identifying and siting
essential public facilities. Essential public facilities include those
facilities that are typically difficult to site, such as airports,
state education facilities and state or regional transportation
facilities as defined in RCW 47.06.140, state and local correctional
facilities, solid waste handling facilities, and in- patient facilities
including substance abuse facilities, mental health facilities, group
homes, and secure community transition facilities as defined in RCW
71.09.020.
(2) Each county and city planning under RCW 36.70A.040 shall, not
later than (((- the deadline specified in RCW 36.70A.130 -1)) {+
September 1, 2002 +1, establish a process, or amend its existing
process, for identifying and siting essential public facilities(((- -
1)) and adopt or amend its development regulations as necessary to
provide for the siting of secure community transition facilities
consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW 36.70A.040 shall, not
later than (((- the deadline specified in RCW 36.70A.130 -1)) {+
September 1, 2002 +1, establish a process for siting secure community
transition -facilities and adopt or amend its development regulations as
necessary to provide for the siting of such facilities consistent with
statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain a list of
those essential state public facilities that are required or likely to
be built within the next six years. The office of financial management
may at any time add facilities to the list.
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(5) No local comprehensive plan or development regulation may
preclude the siting of essential public facilities.
{+ (6) No person may bring a cause of action for civil damages
based on the good faith actions of any county or city to provide for
the siting of secure community transition facilities in accordance with
this section and with the requirements of chapter 12, Laws of 2001 2nd
sp. sess. For purposes of this subsection, "person" includes, but is
not limited to, any individual, agency as defined in RCW 42.17.020,
corporation, partnership, association, and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection (2)
or (3) of this section shall comply with section 7 of this act.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action. +1
{+ NEW SECTION. +1 Sec. 3. A new section is added to chapter 4.24
RCW to read as follows:
(1) Law enforcement shall respond to a call regarding a resident of
a secure community transition facility as a high priority call.
(2) No law enforcement officer responding reasonably and in good
faith to a call regarding a resident of a secure community transition
facility shall be held liable nor shall the city or county employing
the officer be held liable, in any cause of action for civil damages
based on the acts of the resident or the actions of the officer during
the response.
Sec. 4. RCW 71.09.020 and 2001 2nd sp.s. c 12 s 102 are each
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of social and health
services.
(2) "Less restrictive alternative" means court - ordered treatment in
a setting less restrictive than total confinement which satisfies the
conditions set forth in RCW 71.09.092.
(3) "Likely to engage in predatory acts of sexual violence if not
confined in a secure facility" means that the person more probably than
not will engage in such acts if released unconditionally from detention
on the sexually violent predator petition. Such likelihood must be
evidenced by a recent overt act if the person is not totally confined
at the time the petition is filed under RCW 71.09.030.
(4) "Mental abnormality" means a congenital or acquired condition
affecting the emotional or volitional capacity which predisposes the
person to the commission of criminal sexual acts in a degree
constituting such person a menace to the health and safety of others.
(5) "Predatory" means acts directed towards: (a) Strangers; (b)
individuals with whom a relationship has been established or promoted
for the primary purpose of victimization; or (c) persons of casual
acquaintance with whom no substantial personal relationship exists.
(6) "Recent overt act" means any act or threat that has either
caused harm of a sexually violent nature or creates a reasonable
apprehension of such harm in the mind of an objective person who knows
of the history and mental condition of the person engaging in the act.
(7) "Risk potential activity" or "risk potential facility" means an
activity or facility that provides a higher incidence of risk to the
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public from persons conditionally released from the special commitment
center. Risk potential activities and facilities include: Public and
private schools, school bus stops, licensed day care and licensed
preschool facilities, public parks; publicly dedicated trails, sports
fields, playgrounds, recreational and community centers, churches,
synagogues, temples, mosques, (({- and -1)) public libraries {+ , and
others identified by the department following the hearings on a
potential site required in RCW 71.09.315. For purposes of this
chapter, "school bus stops" does not include bus stops established
primarily for public transit +1.
(8) "Secretary" means the secretary of social and health services
or the secretary's designee.
(9) "Secure facility" means a residential facility for persons
civilly confined under the provisions of this chapter that includes
security measures sufficient to.protect the community. Such facilities
include total confinement facilities, secure community transition
facilities, and any residence used as a court - ordered placement under
RCW 71.09.096.
(10) "Secure community transition facility" means a residential
facility for persons civilly committed and conditionally released to a
less restrictive alternative under this chapter. A secure community
transition facility has supervision and security, and either provides
or ensures the provision of sex offender treatment services. Secure
community transition facilities include but are not limited to the
facilities established pursuant to RCW 71.09.250 and any
community -based facilities established under this chapter and operated
by the secretary or under contract with the secretary.
(11) "Sexually violent offense" means an act committed on, before,
or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as
rape in the first degree, rape in the second degree by forcible
compulsion, rape of a child in the first or second degree, statutory
rape in the first or second degree, indecent liberties by forcible
compulsion, indecent liberties against a child under age fourteen,
incest against a child under age fourteen, or child molestation in the
first or second degree; (b) a felony offense in effect at any time
prior to July 1, 1990, that is comparable to a sexually violent offense
as defined in (a) of this subsection, or any federal or out -of -state
conviction for a felony offense that under the laws of this state would
be a sexually violent offense as defined in this subsection; (c) an act
of murder in the first or second degree, assault in the first or second
degree, assault of a child in the first or second degree, kidnapping in
the first or second degree, burglary in the first degree, residential
burglary, or unlawful imprisonment, which act, either at the time of
sentencing for the offense or subsequently during civil commitment
proceedings pursuant to this chapter, has been determined beyond a
reasonable doubt to have been sexually motivated, as that term is
defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28
RCW, that is an attempt, criminal solicitation, or criminal conspiracy
to commit one of the felonies designated in (a), (b), or (c) of this
subsection.
(12) "Sexually violent predator" means any person who has been
convicted of or charged with a crime of sexual violence and who suffers
from a mental abnormality or personality disorder which makes the
person likely to engage in predatory acts of sexual violence if not
confined in a secure facility.
(13) "Total confinement facility" means a facility that provides
supervision and sex offender treatment services in a total confinement
setting. Total confinement facilities include the special commitment
center and any similar facility designated as a secure facility by the
secretary.
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Sec. 5. RCW 71.09.285 and 2001 2nd sp.s. c 12 s 213 are each
amended to read as follows:
(1) Except with respect to the secure community transition facility
established pursuant to RCW 71.09.250, the secretary shall develop
policy guidelines that balance the average response time of emergency
services to the general area of a proposed secure community transition
facility against the proximity of the proposed site to risk potential
activities and facilities in existence at the time the site is listed
for consideration.
(2) In (((- balancing the competing criteria of proximity and
response time the policy guidelines shall endeavor to achieve an
average law enforcement response time not greater than five minutes and
in -})) no case shall the policy guidelines permit location of a
facility adjacent to, immediately across a street or parking lot from,
or within the line of sight of a risk potential activity or facility in
existence at the time a site is listed for consideration. "Within the
line of sight" means that it is possible to reasonably visually
distinguish and recognize individuals.
(3) The policy guidelines shall require that great weight be given
to sites that are the farthest removed from any risk potential
activity.
(4) The policy guidelines shall specify how distance from the
location is measured and any variations in the measurement based on the
size of the property within which a proposed facility is to be located.
(5) The policy guidelines shall establish a method to analyze and
compare the criteria for each site in terms of public safety and
security, site characteristics, and program components. In making a
decision regarding a site following the analysis and comparison, the
secretary shall give priority to public safety and security
considerations. The analysis and comparison of the criteria are to be
documented and made available at the public hearings prescribed in RCW
71.09.315.
(6) Policy guidelines adopted by the secretary under this section
shall be considered by counties and cities when providing for the
siting of secure community transition facilities as required under RCW
36.70A.200.
Sec. 6. RCW 71.09.305 and 2001 2nd sp.s. c 12 s 217 are each
amended to read as follows:
(1) Unless otherwise ordered by the court:
(a) Residents of a secure community transition facility shall wear
electronic monitoring devices at all times. To the extent that
electronic monitoring devices that employ global positioning system
technology are available and funds for this purpose are appropriated by
the legislature, the department shall use these devices.
(b) At least one staff member; or other court - authorized and
department- approved person must escort each resident when the resident
leaves the secure community transition facility for appointments,
employment, or other approved activities. Escorting persons must
supervise the resident closely and maintain close proximity to the
resident. The escort must immediately notify the department of any
serious violation, as defined in RCW 71.09.325, by the resident and
must immediately notify law enforcement of any violation of law by the
resident. {+ The escort may not be a relative of the resident or a
person with whom the resident has, or has had, a dating relationship as
defined in RCW 26.50.010. +}
(2) Staff members of the special commitment center and any other
total confinement facility and any secure community transition facility
must be trained in self- defense and appropriate crisis responses
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including incident de- escalation. Prior to escorting a person outside
of a facility, staff members must also have training in the offense
pattern of the offender they are escorting. (( {- The escort may not be
a relative of the resident. -1))
(3) Any escort must carry a cellular telephone or a similar device
at all times when escorting a resident of a secure community transition
facility.
(4) The department shall require training in offender pattern,
self- defense, and incident response for all court - authorized escorts
who are not employed by the department or the department of
corrections.
{+ NEW SECTION. +1 Sec. 7. A new section is added to chapter
71.09 RCW to read as follows:
The minimum requirements set out in RCW 71.09.285 through 71.09.340
are minimum requirements to be applied by the department. Nothing in
this section is intended to prevent a city or county from adopting
development regulations, as defined in RCW 36.70A.030, unless the
proposed regulation imposes requirements more restrictive than those
specifically addressed in RCW 71.09.285 through 71.09.340. Regulations
that impose requirements more restrictive than those specifically
addressed in these sections are void. Nothing in these sections
prevents the department from adding requirements to enhance public
safety.
Sec. 8. RCW 71.09.255 and 2001 2nd sp.s. c 12 s 204 are each
amended to read as follows:
(1) Upon receiving the notification required by RCW 71.09.250,
counties must promptly notify the cities within the county of the
maximum number of secure community transition facility beds that may be
required and the projected number of beds to be needed in that county.
(2) The incentive grants {+ and payments +1 provided under this
section are subject to the following provisions:
(a) Counties and the cities within the county must notify each
other of siting plans to promote the establishment and equitable
distribution of secure community transition facilities;
(b) Development regulations, ordinances, plans, laws, and criteria
established for siting must be consistent with statutory requirements
and rules applicable to siting and operating secure community
transition facilities;
(c) The minimum size for any facility is three beds; and
(d) The department must approve any sites selected.
(3) Any county or city that makes a commitment to initiate the
process to site one or more secure community transition facilities by
(( {- February 1, 2002 -))) (+ one hundred twenty days after the
effective date of this act +), shall receive a planning grant as
proposed and approved by the department of community, trade, and
economic development.
(4) Any county or city that has issued all necessary permits by May
1, 2003, for one or more secure community transition facilities that
comply with the requirements of this section shall receive an incentive
grant in the amount of fifty thousand dollars for each bed sited.
(5) To encourage the rapid permitting of sites, any county or city
that has issued all necessary permits by January 1, 2003, for one or
more secure community transition facilities that comply with the
requirements of this section shall receive a bonus in the amount of
twenty percent of the amount provided under subsection (4) of this
section.
(6) Any county or city that establishes secure community transition
facility beds in excess of the maximum number that could be required to
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be sited in that county shall receive a bonus payment of one hundred
thousand dollars for each bed established in excess of the maximum
requirement.
(7) No payment shall be made under subsection (4), (5), or (6) of
this section until all necessary permits have been issued.
(+ (8) The funds available to counties and cities under this
section are contingent upon funds being appropriated by the
legislature. +)
(+ NEW SECTION. +1 Sec. 9. A new section is added to chapter
71.09 RCW to read as follows:
(1) After October 1, 2002, notwithstanding RCW 36.70A.103 or any
other law, this section preempts and supersedes local plans,
development regulations, permitting requirements, inspection
requirements, and all other laws as necessary to enable the department
to site, construct, renovate, occupy, and operate secure community
transition facilities within the borders of the following:
(a) Any county that had five or more persons civilly committed from
that county, or detained at the special commitment center under a
pending civil commitment petition from that county where a finding of
probable cause has been made, on April 1, 2001, if the department
determines that the county has not met the requirements of RCW
36.70A.200 with respect to secure community transition facilities.
This subsection does not apply to the county in which the secure
community transition facility authorized under RCW 71.09.250(1) is
located; and
(b) Any city located within a county listed in (a) of this
subsection that the department determines has not met the requirements
of RCW 36.70A.200 with respect to secure community transition
facilities.
(2) The department's determination under subsection (1)(a) or (b)
of this section is final and is not subject to appeal under chapter
34.05 or 36.70A RCW.
(3) When siting a facility in a county or city that has been
preempted under this section, the department shall consider the policy
guidelines established under RCW 71.09.275 and 71.09.290 and shall hold
the hearings required in RCW 71.09.315.
(4) Nothing in this section prohibits the department from:
(a) Siting a secure community transition facility in a city or
county that has complied with the requirements of RCW 36.70A.200 with
respect to secure community transition facilities, including a city
that is located within a county that has been preempted. If the
department sites a secure community transition facility in such a city
or county, the department shall use the process established by the city
or county for siting such facilities; or
(b) Consulting with a city or county that has been preempted under
this section regarding the siting of a secure community transition
facility.
(5)(a) A preempted city or county may propose public safety
measures specific to any finalist site to the department. The measures
must be consistent with the location of the facility at that finalist
site. The proposal must be made in writing by the date of:
(i) The second hearing under RCW 71.09.315(2)(a) when there are
three finalist sites; or
(ii) The first hearing under RCW 71.09.315(2)(b) when there is only
one site under consideration.
(b) The department shall respond to the city or county in writing
within fifteen business days of receiving the proposed measures. The
response shall address all proposed measures.
(c) If the city or county finds that the department's response is
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inadequate, the city or county may notify the department in writing
within fifteen business days of the specific items which it finds
inadequate. If the city or county does not notify the department of a
finding that the response is inadequate within fifteen business days,
the department's response shall be final.
(d) If the city or county notifies the department that it finds the
response inadequate and the department does not revise its response to
the satisfaction of the city or county within seven business days, the
city or county may petition the governor to designate a person with law
enforcement expertise to review the response under RCW 34.05.479.
(e) The governor's designee shall hear a petition filed under this
subsection and shall make a determination within thirty days of hearing
the petition. The governor's designee shall consider the department's
response, and the effectiveness and cost of the proposed measures, in
relation to the purposes of this chapter. The determination by the
governor's designee shall be final and may not be the basis for any
cause of action in civil court.
(f) The city or county shall bear the cost of the petition to the
governor's designee. If the city or county prevails on all issues, the
department shall reimburse the city or county costs incurred, as
provided under chapter 34.05 RCW.
(g) Neither the department's consideration and response to public
safety conditions proposed by a city or county nor the decision of the
governor's designee shall affect the preemption under this section or
the department's authority to site, construct, renovate, occupy, and
operate the secure community transition facility at that finalist site
or at any finalist site.
(6) Until June 30, 2009, the secretary shall site, construct,
occupy, and operate a secure community transition facility sited under
this section in an environmentally responsible manner that is
consistent with the substantive objectives of chapter 43.21C RCW, and
shall consult with the department of ecology as appropriate in carrying
out the planning, construction, and operations of the facility. The
secretary shall make a threshold determination of whether a secure
community transition facility sited under this section would have a
probable significant, adverse environmental impact. If the secretary
determines that the secure community transition facility has such an
impact, the secretary shall prepare an environmental impact statement
that meets the requirements of RCW 43.21C.030 and 43.21C.031 and the
rules promulgated by the department of ecology relating to such
statements. Nothing in this subsection shall be the basis for any
civil cause of action or administrative appeal.
(7) This section does not apply to the secure community transition
facility established pursuant to RCW 71.09.250(1).
1+ NEW SECTION. +1 Sec. 10. A new section is added to chapter
34.05 RCW to read as follows:
A petition brought pursuant to section 9(5) of this act shall be
heard under the provisions of RCW 34.05.479 except that the decision of
the governor's designee shall be final and is not subject to judicial
review.
1+ NEW SECTION. +1 Sec. 11. A new section is added to chapter
71.09 RCW to read as follows:
An emergency has been caused by the need to expeditiously site
facilities to house sexually violent predators who have been committed
under this chapter. To meet this emergency, for purposes of RCW
71.09.250 and section 9 of this act, "all other laws" means the state
environmental policy act, the shoreline management act, the hydraulics
code, and all other state laws regulating the protection and use of the
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water, land, and air.
This section expires June 30, 2009.
(+ NEW SECTION. +) Sec. 12. A new section is added to chapter
43.21C RCW to read as follows:
An emergency has been caused by the need to expeditiously site
facilities to house sexually violent predators who have been committed
under chapter 71.09 RCW. To meet this emergency, secure community
transition facilities sited pursuant to the preemption provisions of
section 9 of this act and secure facilities sited pursuant to the
preemption provisions of RCW 71.09.250 are not subject to the
provisions of this chapter.
This section expires June 30, 2009.
(+ NEW SECTION. +) Sec. 13. A new section is added to chapter
90.58 RCW to read as follows:
An emergency has been caused by the need to expeditiously site
facilities to house sexually violent predators who have been committed
under chapter 71.09 RCW. To meet this emergency, secure community
transition facilities sited pursuant to the preemption provisions of
section 9 of this act and secure facilities sited pursuant to the
preemption provisions of RCW 71.09.250 are not subject to the
provisions of this chapter.
This section expires June 30, 2009.
{+ NEW SECTION. +) Sec. 14. A new section is added to chapter
77.55 RCW to read as follows:
An emergency has been caused by the need to expeditiously site
facilities to house sexually violent predators who have been committed
under chapter 71.09 RCW. To meet this emergency, secure community
transition facilities sited pursuant to the preemption provisions of
section 9 of this act and secure facilities sited pursuant to the
preemption provisions of RCW 71.09.250 are not subject to the
provisions of this chapter.
This section expires June 30, 2009.
Sec. 15. RCW 36.70A.103 and 2001 2nd sp.s. c 12 s 203 are each
amended to read as follows:
State agencies shall comply with the local comprehensive plans and
development regulations and amendments thereto adopted pursuant to this
chapter except as otherwise provided in RCW 71.09.250 (1) through (3) 1+
section 9 of this act, +) and 72.09.333.
The provisions of chapter 12, Laws of 2001 2nd sp. sess. do not
affect the state's authority to site any other essential public
facility under RCW 36.70A.200 in conformance with local comprehensive
plans and development regulations adopted pursuant to chapter 36.70A
RCW.
{+ NEW SECTION. +) Sec. 16. A new section is added to chapter
71.09 RCW to read as follows:
(1) At the request of the local government of the city or county in
which a secure community transition facility is initially sited after
January 1, 2002, the department shall enter into a long -term contract
memorializing the agreements between the state and the city or county
for the operation of the facility. This contract shall be separate
from any contract regarding mitigation due to the facility. The
contract shall include a clause that states:
(a) The contract does not obligate the state to continue operating
any aspect of the civil commitment program under this chapter;
(b) The operation of any secure community transition facility is
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contingent upon sufficient appropriation by the legislature. If
sufficient funds are not appropriated, the department is not obligated
to operate the secure community transition facility and may close it;
and
(c) This contract does not obligate the city or county to operate
a secure community transition facility.
(2) Any city or county may, at their option, contract with the
department to operate a secure community transition facility.
{+ NEW SECTION. +1 Sec. 17. A new section is added to chapter
71.09 RCW to read as follows:
(1) Subject to funds appropriated by the legislature, the
department may enter into negotiation for a mitigation agreement with:
(a) The county and /or city in which a secure community transition
facility sited after January 1, 2002, is located;
(b) Each community in which the persons from those facilities will
reside or regularly spend time, pursuant to court orders, for regular
work or education, or to receive social services, or through which the
person or persons will regularly be transported to reach other
communities; and
(c) Educational institutions in the communities identified in (a)
and (b) of this subsection.
(2) Mitigation agreements are limited to the following:
(a) One -time training for local law enforcement and administrative
staff, upon the establishment of a secure community transition
facility.
(i) Training between local government staff and the department
includes training in coordination, emergency procedures, program and
facility information, legal requirements, and resident profiles.
(ii) Reimbursement for training under this subsection is limited
to:
(A) The salaries or hourly wages and benefits of those persons who
receive training directly from the department; and
(B) Costs associated with preparation for, and delivery of,
training to the department or its contracted staff by local government
staff or contractors;
(b) Information coordination:
(i) Information coordination includes data base infrastructure
establishment and programming for the dissemination of information
among law enforcement and the department related to facility residents.
(ii) Reimbursement for information coordination is limited to
start -up costs;
(c) One -time capital costs:
(i) One -time capital costs are off -site costs associated with the
need for increased security in specific locations.
(ii) Reimbursement for one -time capital costs is limited to actual
costs; and
(d) Incident response:
(i) Incident response costs are law enforcement and criminal
justice costs associated with violations of conditions of release or
crimes by residents of the secure community transition facility.
(ii) Reimbursement for incident response does not include private
causes of action.
{+ NEW SECTION. +1 Sec. 18. A new section is added to chapter
71.09 RCW to read as follows:
(1) To encourage economies of scale in the siting and operation of
secure community transition facilities, the department may enter into
an agreement with two or more counties to create a regional secure
community transition facility. The agreement must clearly identify the
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number of beds from each county that will be contained in the regional
secure community transition facility. The agreement must specify which
county must contain the regional secure community transition facility
and the facility must be sited accordingly. No county may withdraw
from an agreement under this section unless it has provided an
alternative acceptable secure community transition facility to house
any displaced residents that meets the criteria established for such
facilities in this chapter and the guidelines established by the
department.
(2) A regional secure community transition facility must meet the
criteria established for secure community transition facilities in this
chapter and the guidelines established by the department.
(3) The department shall count the beds identified for each
participating county in a regional secure community transition facility
against the maximum number of beds that could be required for each
county under RCW 71.09.250(7)(a).
(4) An agreement for a regional secure community transition
facility does not alter the maximum number of beds for purposes of the
incentive grants under RCW 71.09.255 for the county containing the
regional facility.
{+ NEW SECTION. +} Sec. 19. If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
{+ NEW SECTION. +) Sec. 20. This act is necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and takes effect immediately.
Passed the Senate March 12, 2002.
Passed the House March 8, 2002.
Approved by the Governor March 21, 2002.
Filed in Office of Secretary of State March 21, 2002.
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHONHSH j
S.S.
SUMMARY OF ORDINANCE N0. 3414
of the ity of dmor .3. Washington
On the 6th day of August, 2002, the City Council of the
City of Edmonds, passed Ordinance No. 3414. A
summary of the content of said ordinance, consisting of
the tilts, provides as follows:
AN
The undersigned, being first duly sworn on oath deposes and says that she is
OR DINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ELECTING TO BE PREEMPTED
IN ACCORDANCE WITH THE PROVSIONS OF
Principal Clerk of THE HERALD, a daily newspaper printed and published
ESSB 6594, ESTABLISHING ADDITIONAL
STANDARDS FOR THE SITING OF SECURED
COMMUNITY TRANSITION FACILITIES,
PROVIDING FOR A PROCESS TO COMMENT TO
in the City of Everett, County of Snohomish, and State of Washington; that
THE STATE AND TO OPPOSE SITING OF ANY
FACILITY WHICH DOES NOT COMPORT WITH
THE REQUIREMENTS HEREIN ADOPTED, AND
said newspaper is a newspaper of general circulation in said County and
FIXING A TIME WHEN THE SAME SHALL r'
BECOME EFFECTIVE. r
The full
State; that said newspaper has been approved as a legal newspaper by order
text of this Ordinance will be mailed upon I
request.
DATED this 71h day of August, zooz.
CITY CLERK, SANDRA S. CHASE
of the Superior Court of Snohomish County and that the notice
{Published: August 11, 2002. �
City of Edmonds
Summary of Ordinance No. 3414
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
August 11, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
i an A C;
Subscribed and sworn to before me this 12th
day of August, 2002
Notary Public in and for the
Everett, Snohomish County
Principal Clerk
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D 'hi on, residing at
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AUG 14 2002
EDMONDS CITY CLERK