Ordinance 35720006.900000
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9/16/03
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ORDINANCE NO. 3572
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 20 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE BY ADDING A NEW
CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES
THERETO, ADOPTING REGULATIONS GOVERNING THE
SITING, PERMITTING AND MITIGATION OF ESSENTIAL
PUBLIC FACILITIES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, essential public facilities as defined by Chapter 36.70A RCW are
necessary to support orderly growth and delivery of various public services; and
WHEREAS, essential public facilities often implicate siting difficulties and create
significant community impacts; and
WHEREAS, consistent with applicable state law, the City Council desires to
establish a regulatory scheme for essential public facilities that will ensure the efficient and
appropriate siting of said facilities while simultaneously providing for sufficient notice, public
participation, mitigation and oversight; and
WHEREAS, the City's intent in adopting said regulations is not to preclude the
siting of essential public facilities in contravention of applicable state law; and
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WHEREAS, the City intervened in a case before the Central Puget Sound Growth
Management Hearings Board styled as King County, et al, v. Snohomish County, et al, Case No.
03 -3 -0011; and
WHEREAS, the Growth Management Hearings Board decision invalidated
Snohomish County's essential public facilities requirements and remanded the matter back to
Snohomish County for action; and
WHEREAS, Snohomish County has filed a motion for reconsideration requesting
a period of up to six months to amend its ordinance in order to comply with the provisions of the
Board's order; and
WHEREAS, the City had hoped to have more specific guidance in that matter, but
the continuing process indicates that a final decision may be many months off, and
WHEREAS, the City is anxious to comply with its Growth Management Act
directive and to have in place an ordinance governing essential public facilities; and
WHEREAS, the preceding legislative findings are adopted as the basis for
adopting this zoning regulation NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Title 20 of the Edmonds Community Development Code is hereby
amended by the addition of a new Chapter 20.16 Essential Public Facilities to provide in its
entirety as follows:
Chapter 20.16
ESSENTIAL PUBLIC FACILITIES
20.16.010 Purpose and applicability
20.16.020 Definitions
20.16.030 Conditional use permit required
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20.16.040
Optional site consultation process
20.16.045
Inter - jurisdictional siting
20.16.050
EPF conditional use permit procedure
20.16.060
Independent consultant review
20.16.070
Decision criteria
20.16.080
Decision criteria; EPF's proposed by a Regional
Agency with jurisdiction
20.16.090
Denial of Regional EPF - Limitations
20.16.100
Permit Approval
20.16.110
Reconsideration and Appeal
20.16.120
Decision timing
20.16.130
Building permit application
20.16.010 Purpose and applicability
A. This chapter establishes the City's review process for
essential public facilities in order to support orderly growth and
delivery of public services. The City's goal in promulgating the
regulations under this chapter is to ensure the timely, efficient and
appropriate siting of EPFs while simultaneously acknowledging
and mitigating the significant community impacts often created by
such facilities. This chapter also seeks to promote enhanced public
participation that will produce EPF siting decisions consistent with
community goals.
B. Nothing in this chapter should be construed as an attempt
by the City to preclude the siting of essential public facilities in
contravention of applicable state law. The chapter shall be
interpreted in a manner consistent with the City's statutory
obligations.
C. The siting process established by this chapter does not
apply to "secure community transition facilities" as defined under
Chapter 71.09 RCW, or to residential health and social service
facilities protected by state or federal law as residential uses
permitted in residential zones.
20.16.020 Definitions
The following definitions shall apply for purposes of this chapter:
A. "City" means the City of Edmonds, Washington.
B "Department" means the City of Edmonds Development
Services Department.
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C. "Director" means the City of Edmonds Development
Services Director.
D. "Essential Public Facility" or "EPF" means a facility:
(i) listed in RCW 36.70A.200; and /or
(ii) appearing on the list maintained by the State Office of
Financial Management pursuant to RCW 36.70A.200(4), and /or
(iii) designated in the City's Comprehensive Plan; and /or
(iv) designated by a regional Agency with jurisdiction;
and /or
(v) owned or operated by a unit of local or state
government, a public utility or transportation company, or any
other entity under contract to a unit of local or state government to
provide an essential public facility.
E. "Regional Essential Public Facility" or "Regional EPF"
means a project designated as an EPF and sited by a bona fide
Regional Agency acting within its legally constituted authority and
geographical jurisdiction.
F. "Project sponsor" means the proponent and /or applicant for
an essential public facility.
20.16.030 Conditional use permit required
All EPFs shall comply with the provisions of this chapter. An EPF
shall be considered a conditional use in all zones of the City. In
the event of a conflict with any other ECDC provision, the
provisions of this chapter shall govern.
20.16.040 Optional site consultation process
Prior to submitting a conditional use permit application under this
Chapter, an EPF sponsor may initiate optional site consultation
with the Department. This consultation process, while not required,
is encouraged as a means for project sponsors to present facility
proposals, seek information about potential sites, and propose
possible siting incentives and mitigation measures.
20.16.045 Inter - jurisdictional siting
In the event that the City has executed an interlocal agreement with
one or more other jurisdictions regarding the siting of EPFs of a
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regional or state -wide nature, the City shall cooperate fully and in
good faith with said jurisdictions to the extent specified in the
interlocal agreement. PROVIDED, that nothing in this section nor
in any such interlocal agreement shall be construed as waiving,
limiting or otherwise abridging the City's regulatory authority.
20.16.050 EPF conditional use permit procedure
A. Application for EPF conditional use approval shall be
made pursuant to ECDC 20.90.010, as consistent with this chapter.
Approval, conditional approval or denial of the project sponsor's
application shall be made by the City of Edmonds Hearing
Examiner after a public hearing.
B. The conditional use permit application process shall
include a public participation plan designed to encourage early
public involvement in the siting decision and to assist in
determining possible mitigation measures. Informational public
meetings within the City shall be scheduled pursuant to this
process; the number of meetings shall be set by the Director
consistent with the size, complexity and estimated impacts of the
proposal. The Director shall determine the format and location(s)
for the meetings, and shall require that public notice and meeting
summaries acceptable to the City shall be either prepared or paid
for by the EPF sponsor.
C. In addition to the conditional use permit application fee,
and all costs required by the public participation plan specified in
20.16.050.13 above, an additional fee of $5,000 shall be required
for the additional costs associated with review of the application
under the criteria established in ECDC 20.16.070. Facilities .for
the disabled or other populations for whom the City is required to
consider for accommodation of its rules, practices and procedures
under the requirements of state and /or federal law, may apply for a
reduction of this fee pursuant to Chapter 17.05 ECDC to a level
consistent with the administrative burden placed upon the City's
resources.
20.16.060 Independent consultant review
1. The Director may require independent consultant
review of the proposal to assess its compliance with the criteria
contained in ECDC 20.16.070 and 20.16.080.
2. If such independent consultant review is required,
the project sponsor shall make a deposit with the Department
sufficient to defray the cost of such review. Said deposit shall be
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separate from and in addition to any other fee paid by this Chapter.
The deposit shall be set at a level consistent with the anticipated
cost of review based on the size, complexity and estimated impacts
of the proposal. The deposit shall be supplemented by the
applicant from time to time to ensure payment of the reasonable
cost of consultant review. Any unexpended funds shall be returned
to the applicant following the final decision on the application.
20.16.070 Decision criteria
An application for EPF conditional use permit approval shall
comply with all other applicable requirements for the proposed use
— including SEPA and design review, as applicable — and the
following decision criteria:
1. The project sponsor has demonstrated a need for the
project, as supported by a detailed written analysis of the projected
service population, an inventory of existing and planned
comparable facilities, and the projected demand for the type of
facility proposed.
2. The proposed site will reasonably serve the project's
overall service population. Regional EPFs shall comply, in the
alternative, with ECDC 20.16.080(A)(1) and (2).
3. The project sponsor has reasonably investigated
alternative sites, as evidenced by a detailed explanation of site
selection methodology, as verified by the City and reviewed by
associated jurisdictions and agencies.
4. The project is consistent with the sponsor's own
long -range plans for facilities and operations, as well as the plans
of those jurisdictions and agencies that may also be participating in
a facilities plan.
5. The project sponsor's public participation plan has
provided an opportunity for public participation in the siting
decision and mitigation measures that is appropriate in light of the
project's scope.
6. The project will not result in a disproportionate
burden of essential public facilities on a particular geographic area,
whether upon the City as a whole or upon any neighborhood of the
City.
7. The project is consistent and compatible with the
City's comprehensive plan, City -wide planning policies and local
land use regulations. In the alternative, proponents of a regional
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EPF may show that it was sited in accord with the planning process
of a regional entity. [See also ECDC 20.16.080(B)].
8. The project site meets the facility's minimum
physical site requirements, including projected expansion needs.
Site requirements may be determined by the minimum size of the
facility, access, support facilities, topography, geology, and on -site
mitigation needs. The project sponsor shall identify future
expansion needs of the proposed facility during the initial
environmental review and the phasing of additional needs early in
the process.
9. The project site, as developed with the proposed
facility and under the proposed mitigation plan, is compatible with
surrounding land uses, to the extent that compatibility is
technically and practically feasible.
10. The project sponsor has proposed mitigation
measures that substantially avoid, reduce, or compensate for
adverse impacts on the environment, including but not limited to
buffers, design elements and other operational or programmatic
measures contained in the proposal.
11. The project sponsor has identified and proposed
mitigation measures that substantially avoid, reduce, or
compensate for adverse fiscal impacts on the City. This mitigation
shall be based on an analysis of the project's impact on City
finances. This requirement may be waived by the Director if s/he
finds that the EPF is unlikely to have a significant fiscal impact on
the City, or that the burden of undertaking the analysis is not
consistent with the scale and community -based nature of the
facility being proposed.
20.16.080 Decision criteria; EPFs proposed by a Regional
Agency with jurisdiction
An application for conditional use permit approval for an essential
public facility proposed by a Regional Agency with jurisdiction
shall additionally or alternatively, as applicable, comply with the
following site decision criteria:
A. The project sponsor has established that it is a Regional
Agency with jurisdiction. For the purpose of this chapter,
"jurisdiction" shall mean within the boundaries of a Regional
Agency's legal and physical jurisdiction as determined by the laws
of the State of Washington or its charter. A claim of jurisdiction
based upon service area shall meet the following criteria:
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1. The project must serve a significant share of the
Edmonds population or a significant portion of the land area of the
City of Edmonds must lie within the Regional Agency service
area; and
2. The proposed site must reasonably serve the
project's overall service population and the service population or
service area lying within the City of Edmonds.
B. The site has been designated through a collaborative
process which involved representatives of the City of Edmonds
duly appointed by the City and through a public hearing process
which was reasonably calculated to reach the citizens of the City of
Edmonds.
20.16.090 Denial of Regional EPF - Limitations
Under the Growth Management Act, City ordinances shall not
preclude the siting of an essential public facility of any kind. The
purpose of this chapter is to impose reasonable conditions upon
siting, not to preclude EPFs through denial.
A Conditional Use Permit for an Essential Public Facility project
proposed by a Regional Agency with jurisdiction shall be denied
only i£ The proposed project conflicts with the proposed use of a
particular site by another Regional Agency with jurisdiction. In
the event of a conflict, at least the following factors shall be
considered:
a. Which proposal is most consistent with the City's
Comprehensive Plan;
b. Which proposal best serves the broadest interests of
the City and its citizens; and
C. Which proposal is first in time.
20.16.100 Permit approval; Suspension or revocation.
If the project sponsor demonstrates compliance with the review
criteria listed in ECDC 20.16.070 and satisfies the requirements for
a conditional use permit and all other applicable requirements, the
Hearing Examiner shall approve issuance of a conditional use
permit for the proposed EPF. A Conditional Use Permit issued for
an EPF of any kind, may be suspended or revoked if the sponsor
fails to comply with the conditions of approval.
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20.16.110 Reconsideration and appeal
Reconsideration of the hearing examiner's ruling shall be governed
by ECDC 20.100.010. Appeal of the hearing examiner's ruling
shall be governed by Chapter 20.105 ECDC.
20.16.120 Decision timing
Review, reconsideration and remand process shall not be used to
preclude an EPF. Cost and delay do not, prima facie, make an EPF
permit review process unfair and untimely, nor be deemed to
preclude an EPF. A reasonable consideration schedule shall be
established based on the size and complexity of EPF proposals.
20.16.130 Building permit application
A. Any building permit for an EPF approved under this
chapter shall comply with all conditions of approval in the
conditional use permit. In the event a building permit for an EPF
is denied, suspended or revoked due to a failure to comply, the
Department shall submit in writing the reasons for denial to the
project sponsor.
B. No construction permits may be applied for prior to
conditional use approval of the EPF unless the applicant signs a
written release acknowledging that such approval is neither
guaranteed nor implied by the Department's acceptance of the
construction permit applications. The applicant shall expressly
accept all financial risk associated with preparing and submitting
construction plans before the final decision is made under this
chapter.
C. Building permits for an EPF which fails to comply with the
conditions of approval shall be suspended and a report made to the
Director. The Director shall institute a proceeding before the
Hearing Examiner to permit the EPF's sponsor a hearing at which
to show cause why its conditional use permit should not be
revoked or further conditioned. Such hearing shall be conducted in
accordance with ECDC 20.010.040(C); Provided, however, that
the hearing examiner's decision shall be final and appealable only
to Superior Court pursuant to the Land Use Petition Act.
Section 2. 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
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KIM
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
MAY R G f Y AAKENSON
ATTEST /AUTHENTICATED:
'�L� j-
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T E C ATT EY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 10/28/2005
PASSED BY THE CITY COUNCIL: 11/01/2005
PUBLISHED: 11/09/2005
EFFECTIVE DATE: 11/14/2005
ORDINANCE NO. 3572
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SUMMARY OF ORDINANCE NO. 3572
of the City of Edmonds, Washington
On the I" day of November, 2005, the City Council of the City of Edmonds,
passed Ordinance No. 3572. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 20
OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING A NEW
CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES THERETO, ADOPTING
REGULATIONS GOVERNING THE SITING, PERMITTING AND MITIGATION OF
ESSENTIAL PUBLIC FACILITIES, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November, 2005.
,"G1t� 'd - &-".'
CITY CLERK, SANDRA S. CHASE
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Chapter 71.09 RCW
SEXUALLY VIOLENT PREDATORS
1
RCW SECTIONS
71.09. 010 Findings.
71.09.015 Finding -- Intent -- Clarification.
71.09.020 Definitions.
71.09.025 Notice to prosecuting attorney prior to release.
71.09.030 Sexually violent predator petition -- Filing.
71.09.040 Sexually violent predator petition -- Probable cause hearing -- Judicial determination --
Transfer for evaluation.
71.09.050 Trial -- Rights of parties.
7-1.09.060 Trial -- Determination -- Commitment procedures.
71.09.070 Annual examinations of persons committed under chapter.
71.09.080 Rights of persons committed under this chapter.
71.09.085 Medical care -- Contracts for services.
71.09.090 Petition for conditional release to less restrictive alternative or unconditional discharge --
Procedures.
71.09.092 Conditional release to less restrictive alternative -- Findings.
71.09.094 Conditional release to less restrictive alternative -- Verdict.
71.09.096 Conditional release to less restrictive alternative -- Judgment -- Conditions -- Annual review.
71.09.098 Conditional release to less restrictive alternative -- Hearing on revocation or modification --
.Authority to apprehend conditionally released person.
71.09.110 Department of social and health services -- Duties -- Reimbursement.
71.09.112 Department of social and health services -- Jurisdiction continues after criminal conviction --
Exception.
71.09.115 Record check required for employees of secure facility.
71.09.120 Release of information authorized.
71.09.130 Notice of escape or disappearance.
71.09.135 McNeil Island -- Escape planning, response.
71.09.140 Notice of conditional release or unconditional discharge -- Notice of escape and recapture.
71.09.200 Escorted leave -- Definitions.
71.09.210 Escorted leave -- Conditions.
71.09.220 Escorted leave -- Notice.
71.09.230 Escorted leave -- Rules.
71.09.250 Transition facility -- Siting.
71.09.2501 "All other laws" defined.
71.09.252 Transition facilities -- Agreements for regional facilities.
71.09.255 Transition facilities -- Incentive grants and payments. Adopted by Reference
Ordinance # 357z on
City Clerk
71.09.260 Transition facilities not limited to residential neighborhoods.
71.09.265 Transition facilities -- Distribution of impact.
71.09.275 Transition facility -- Transportation of residents.
71.09.280 Transition facility -- Release to less restrictive placement.
71.09.285 Transition facility -- Siting policy guidelines.
71.09.290 Other transition facilities -- Siting policy guidelines.
71.09.295 Transition facilities -- Security systems.
71.09.300 Transition facilities =- Staffing.
71.09.305 Transition facility residents -- Monitoring, escorting.
71.09..310 Transition facility residents -- Mandatory escorts.
71.09.315 Transition facilities -- Public notice, review, and comment.
71.09.320 Transition facilities -- Operational advisory boards.
71.09.325 Transition facilities -- Conditional release -- Reports -- Violations.
71.09.330 Transition facilities -- Contracted operation -- Enforcement remedies.
71.09.335 Conditional release from total confinement -- Community notification.
71.09.340 Conditionally released persons -- Employment, educational notification.
71.09.341 Transition facilities -- Authority of department -- Effect of local regulations.
71.09.342 Transition facilities -- Siting -- Local regulations preempted, when -- Consideration of public
safety measures.
71.09.343 Transition facilities -- Contract between state and local governments.
71.09.344 Transition facilities -- Mitigation agreements.
71.09.345 Alternative placement -- Authority of court.
71.09.350 Examination and treatment only by certified providers -- Exceptions.
71.09.800 Rules.
71.09.900 Index, part headings not law -- 1990 c 3.
71.09.901 Severability -- 1990 c 3.
71.09.902 Effective dates -- Application -- 1990 c 3.
RCW 71.09.010
Findings.
The legislature finds that a small but extremely dangerous group of sexually violent predators exist who
do not have a mental disease or defect that renders them appropriate for the existing involuntary
treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is
primarily designed to provide short-term treatment to individuals With serious mental disorders and then
return them to the community. In contrast to persons appropriate for civil commitment under chapter
71.05 RCW, sexually violent predators generally have personality disorders and/or mental abnormalities
which are unamenable to existing mental illness treatment modalities and those conditions render them
likely to engage in sexually violent behavior. The legislature further finds that sex offenders' likelihood
of engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment
act, chapter 71.05 RCW, is inadequate to address the risk to reoffend because during confinement these
offenders do not have access to potential victims and therefore they will not engage in an overt act
during confinement as required by the involuntary treatment act for continued confinement. The
legislature further finds that the prognosis for curing sexually violent offenders is poor, the treatment
needs of this population are very long term, and the treatment modalities for this population are very
different than the traditional treatment modalities for people appropriate for commitment under the
involuntary treatment act.
[2001 c 286 § 3; 1990 c 3 § 1001.1
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
Adopted by Reference
Ordinance # 3572 on
City Clerk
RCW 71.09.015
Finding -- Intent -- Clarification.
The legislature finds that presentation of evidence related to conditions of a less restrictive alternative
that are beyond the authority of the court to order, and that would not exist in the absence of a court
order, reduces the public respect for the rule of law and for the authority of the courts. Consequently, the
legislature finds that the decision in In re the Detention of Casper Ross, 102 Wn. App 108 (2000), is
contrary to the legislature's intent. The legislature hereby clarifies that it intends, and has always
intended, in any proceeding under this chapter that the court and jury be presented only with conditions
that would exist or that the court would have the authority to order in the absence of a finding that the
person is a sexually violent predator.
[2001 c 286 § 1.]
NOTES:
Recommendations -- 2001 c 286: "The department of social and health services shall, in
consultation with interested stakeholders, develop recommendations for improving the procedures used
to notify victims when a sexually violent predator is conditionally released to a less restrictive
alternative under chapter 71.09 RCW, while at the same time maintaining the confidentiality of victim
information." [2001 c 286 § 10.]
Application -- 2001 c 286: "This act applies to all individuals currently committed or awaiting
commitment under chapter 71.09 RCW either on, before, or after May 14, 2001, whether confined in a
secure facility or on conditional release." [2001 c 286 § 14.]
Effective date -- 2001 c 286: "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 [May 14, 2001]." [2001 c 286 § 15.]
RCW 71.09.020
Definitions.
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) "Health care facility" means any hospital, hospice care center, licensed or certified health care
facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health
maintenance organization, federally approved renal dialysis center or facility, or federally approved
blood bank.
(3) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a
regulated health profession.
(4) "Health care services" means those services provided by health professionals licensed pursuant to
RCW 18.120.020(4).
(5) "Health profession" means those licensed or regulated professions set forth in RCW 18. 120.020
(4)•
(6) "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.
(7) "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.
(8) "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.
(9) "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.
(10) '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.
t
(11) 'Risk potential activity" or "risk potential facility" means an activity or facility that provides a
higher incidence of risk to the 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, public
libraries, public and private youth camps, 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.
(12) "Secretary" means the secretary of social and health services or the secretary's designee.
(13) "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.
(14) "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
facility established pursuant to RCW 71.09.250(1)(a)(i) and any community -based facilities established
under this chapter and operated by the secretary or under contract with the secretary.
(15) "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.
(16) "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.
(17) "Total confinement facility" means a secure 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 total confinement facility by the secretary.
[2003 c 216 § 2; 2003 c 50 § 1; 2002 c 68 § 4; 2002 c 58 § 2; 2001 2nd sp.s. c 12 § 102; 2001 c 286 § 4; 1995 c 216 § 1;
1992 c 145 § 17; 1990 1 st ex.s. c 12 § 2; 1990 c 3 § 1002.]
NOTES:
Reviser's note: This section was amended by 2003 c 50 § 1 and by 2003 c 216 § 2, each without
reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability -- Effective date -- 2003 c 216: See notes following RCW 71.09.300.
Application -- 2003 c 50: "This act applies prospectively only and not retroactively and does not
apply to development regulations adopted or amended prior to April 17, 2003." [2003 c 50 § 3.]
Effective date -- 2003 c 50: "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 [April 17, 2003]." [2003 c 50 § 4.]
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
Effective date -- 2002 c 58: See note following RCW 71.09.085.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
Effective date - -1990 1st ex.s. c 12: See note following RCW 13.40.020.
RCW 71.09.025
Notice to prosecuting attorney prior to release.
(1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in
*RCW 71.09.020(1), the agency with jurisdiction shall refer the person in writing to the prosecuting
attorney of the county where that person was charged, three months prior to:
(i) The anticipated release from total confinement of a person who has been convicted of a sexually
violent offense;
(ii) The anticipated release from total confinement of a person found to have committed a sexually
violent offense as a juvenile;
(iii) Release of a person who has been charged with a sexually violent offense and who has been
determined to be incompetent to stand trial pursuant to RCW 10.77.090(4); or
(iv) Release of a person who has been found not guilty by reason of insanity of a sexually violent
offense pursuant to * *RCW 10.77.020(3).
(b) The agency shall provide the prosecutor with all relevant information including but not limited to
the following information:
(i) A complete copy of the institutional records compiled by the department of corrections relating to
the person, and any such out -of -state department of corrections' records, if available;
(ii) A complete copy, if applicable, of any file compiled by the indeterminate sentence review board
relating to the person;
(iii) All records relating to the psychological or psychiatric evaluation and/or treatment of the person;
(iv) A current record of all prior arrests and convictions, and full police case reports relating to those
arrests and convictions; and
(v) A current mental health evaluation or mental health records review.
(2) This section applies to acts committed before, on, or after March 26, 1992.
(3) The agency, its employees, and officials shall be immune from liability for any good -faith
conduct under this section.
(4) As used in this section, "agency with jurisdiction" means that agency with the authority to direct
the release of a person serving a sentence or term of confinement and includes the department of
corrections, the indeterminate sentence review board, and the department of social and health services.
[2001 c 286 § 5; 1995 c 216 § 2; 1992 c 45 § 3.]
NOTES:
Reviser's note: *(1) RCW 71.09_020 was amended by 2001 2nd sp.s. c 12 § 102, changing
subsection (1) to subsection (12). RCW 71.09.020 was subsequently amended by 2002 c 58 § 2,
changing subsection (12) to subsection (16).
* *(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09..015.
Severability -- Application - -1992 c 45: See notes following RCW 9.94A.840.
RCW 71.09.030
Sexually violent predator petition -- Filing.
When it appears that: (1) A person who at any time previously has been convicted of a sexually violent
offense is about to be released from total confinement on, before, or after July 1, 1990; (2) a person
found to have committed a sexually violent offense as a juvenile is about to be released from total
confinement on, before, or after July 1, 1990; (3) a person who has been charged with a sexually violent
offense and who has been determined to be incompetent to stand trial is about to be released, or has been
released on, before, or after July 1, 1990, pursuant to *RCW 10.77.090(3); (4) a person who has been
found not guilty by reason of insanity of a sexually violent offense is about to be released, or has been
released on, before, or after July 1, 1990, pursuant to RCW * *10.77.020(3), 10.77.110 (1) or (3), or
10.77.150; or (5) a person who at any time previously has been convicted of a sexually violent offense
and has since been released from total confinement and has committed a recent overt act; and it appears
that the person may be a sexually violent predator, the prosecuting attorney of the county where the
person was convicted or charged or the attorney general if requested by the prosecuting attorney may
file a petition alleging that the person is a "sexually violent predator" and stating sufficient facts to
support such allegation.
[1995 c 216 § 3; 1992 c 45 § 4; 1990 1st ex.s. c 12 § 3; 1990 c 3 § 1003.]
NOTES:
Reviser's note: *(1) RCW 10.77.090 was amended by 1998 c 297 § 38, changing subsection (3) to
subsection (4).
* *(2) RCW 10.77.020 was amended by 1998 c 297 § 30, deleting subsection (3).
Severability -- Application - -1992 c 45: See notes following RCW 9.94A.840.
Effective date -- 19901st ex.s. c 12: See note following RCW 13.40.020.
RCW 71.09.040
Sexually violent predator petition -- Probable cause hearing -- Judicial determination -- Transfer
for evaluation.
(1) Upon the filing of a petition under RCW 71.09.030, the judge shall determine whether probable
cause exists to believe that the person named in the petition is a sexually violent predator. If such
determination is made the judge shall direct that the person be taken into custody.
(2) Within seventy -two hours after a person is taken into custody pursuant to subsection (1) of this
section, the court shall provide the person with notice of, and an opportunity to appear in person at, a
hearing to contest probable cause as to whether the person is a sexually violent predator. At this hearing,
the court shall (a) verify the person's identity, and (b) determine whether probable cause exists to believe
that the person is a sexually violent predator. At the probable cause hearing, the state may rely upon the
petition and certification for determination of probable cause filed pursuant to RCW 71.09.030. The
state may supplement this with additional documentary evidence or live testimony.
(3) At the probable cause hearing, the person shall have the following rights in addition to the rights
previously specified: (a) To be represented by counsel; (b) to present evidence on his or her behalf; (c)
to cross - examine witnesses who testify against him or her; (d) to view and copy all petitions and reports
in the court file.
(4) If the probable cause determination is made, the judge shall direct that the person be transferred to
an appropriate facility for an evaluation as to whether the person is a sexually violent predator. The
evaluation shall be conducted by a person deemed to be professionally qualified to conduct such an
examination pursuant to rules developed by the department of social and health services. In adopting
such rules, the department of social and health services shall consult with the department of health and
the department of corrections. In no event shall the person be released from confinement prior to trial. A
witness called by either party shall be permitted to testify by telephone.
[2001 c 286 § 6; 1995 c 216 § 4; 1990 c 3 § 1004.]
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
RCW 71.09.050
Trial -- Rights of parties.
(1) Within forty-five days after the completion of any hearing held pursuant to RCW 71.09.040, the
court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may
be continued upon the request of either party and a showing of good cause, or by the court on its own
motion in the due administration of justice, and when the respondent will not be substantially
prejudiced. At all stages of the proceedings under this chapter, any person subject to this chapter shall be
entitled to.the assistance of counsel, and if the person is indigent, the court shall appoint counsel to assist
him or her. The person shall be confined in a secure facility for the duration of the trial.
(2) Whenever any person is subjected to an examination under this chapter, he or she may retain
experts or professional persons to perform an examination on their behalf. When the person wishes to be
examined by a qualified expert or professional person of his or her own choice, such examiner shall be
permitted to have reasonable access to the person for the purpose of such examination, as well as to all
relevant medical and psychological records and reports. In the case of a person who is indigent, the court
shall, upon the person's request, assist the person in obtaining an expert or professional person to
perform an examination or participate in the trial on the person's behalf.
(3) The person, the prosecuting attorney or attorney general, or the judge shall have the right to
demand that the trial be before a twelve- person jury. If no demand is made, the trial shall be before the
court.
[1995 c 216 § 5; 1990 c 3 § 1005.1
RCW 71.09.060
Trial -- Determination -- Commitment procedures.
(1) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually
violent predator. In determining whether or not the person would be likely to engage in predatory acts of
sexual violence if not confined in a secure facility, the fact finder may consider only placement
conditions and voluntary treatment options that would exist for the person if unconditionally released
from detention on the sexually violent predator petition. When the determination is made by a jury, the
verdict must be unanimous.
If, on the date that the petition is filed, the person was living in the community after release from
custody, the state must also prove beyond a reasonable doubt that the person had committed a recent
overt act. If the state alleges that the prior sexually violent offense that forms the basis for the petition
for commitment was an act that was sexually motivated as provided in *RCW 71.09.020(6)(c), the state
must prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated as
defined in RCW 9.94A.030.
If the court or jury determines that the person is a sexually violent predator, the person shall be
committed to the custody of the department of social and health services for placement in a secure
facility operated by the department of social and health services for control; care, and treatment until
such time as: (a) The person's condition has so changed that the person no longer meets the definition of
a sexually violent predator; or (b) conditional release to a less restrictive alternative as set forth in RCW
71.09.092 is in the best interest of the person and conditions can be imposed that would adequately
protect the community.
If the court or unanimous jury decides that the state has not met its burden of proving that the person
is a sexually violent predator, the court shall direct the person's release.
If the jury is unable to reach a unanimous verdict, the court shall declare a mistrial and set a retrial
within forty-five days of the date of the mistrial unless the prosecuting agency earlier moves to dismiss
the petition. The retrial may be continued upon the request of either party accompanied by a showing of
good cause, or by the court on its own motion in the due administration of justice provided that the
respondent will not be substantially prejudiced. In no event may the person be released from
confinement prior to retrial or dismissal of the case.
(2) If the person charged with a sexually violent offense has been found incompetent to stand trial,
and is about to or has been released pursuant to RCW 10.77.090(4), and his or her commitment is sought
pursuant to subsection (1) of this section, the court shall first hear evidence and determine whether the
person did commit the act or acts charged if the court did not enter a finding prior to dismissal under
RCW 10.77.090(4) that the person committed the act or acts charged. The hearing on this issue must
comply with all the procedures specified in this section. In addition, the rules of evidence applicable in
criminal cases shall apply, and all constitutional rights available to defendants at criminal trials, other
than the right not to be tried while incompetent, shall apply. After hearing evidence on this issue, the
court shall make specific findings on whether the person did commit the act or acts charged, the extent
to which the person's incompetence or developmental disability affected the outcome of the hearing,
including its effect on the person's ability to consult with and assist counsel and to testify on his or her
own behalf, the extent to which the evidence could be reconstructed without the assistance of the person,
and the strength of the prosecution's case. If, after the conclusion of the hearing on this issue, the court
finds, beyond a reasonable doubt, that the person did commit the act or acts charged, it shall enter a final
order, appealable by the person, on that issue, and may proceed to consider whether the person should be
committed pursuant to this section.
(3) The state shall comply with RCW 10.77.220 while confining the person pursuant to this chapter,
except that during all court proceedings the person shall be detained in a secure facility. The department
shall not place the person, even temporarily, in a facility on the grounds of any state mental facility or
regional habilitation center because these institutions are insufficiently secure for this population.
(4) A court has jurisdiction to order a less restrictive alternative placement only after a hearing
ordered pursuant to RCW 71.09.090 following initial commitment under this section and in accord with
the provisions of this chapter.
[2001 c 286 § 7; 1998 c 146 § 1; 1995 c 216 § 6; 1990 1st ex.s. c 12 § 4; 1990 c 3 § 1006.]
NOTES:
*Reviser's note: RCW 71.09.020 was amended by 2001 2nd sp.s. c 12 § 102, changing subsection
(6)(c) to subsection (11)(c). RCW 71.09_020 was subsequently amended by 2002 c 58 § 2, changing
subsection (11)(c) to subsection (15)(c).
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
Effective date - -1998 c 146: "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 [March 25, 1998]." [1998 c 146 § 2.]
Effective date - -1990 1st ex.s. c 12: See note following RCW 13.40.020.
RCW 71.09.070
Annual examinations of persons committed under chapter.
Each person committed under this chapter shall have a current examination of his or her mental
condition made by the department of social and health services at least once every year. The annual
report shall include consideration of whether the committed person currently meets the definition of a
sexually violent predator and whether conditional release to a less restrictive alternative is in the best
interest of the person and conditions can be imposed that would adequately protect the community. The
department of social and health services shall file this periodic report with the court that committed the
person under this chapter. The report shall be in the form of a declaration or certification in compliance
with the requirements of RCW 9A.72.085 and shall be prepared by a professionally qualified person as
defined by rules adopted by the secretary. A copy of the report shall be served on the prosecuting agency
involved in the initial commitment and upon the committed person and his or her counsel. The
committed person may retain, or if he or she is indigent and so requests, the court may appoint a
qualified expert or a professional person to examine him or her, and such expert or professional person
shall have access to all records concerning the person.
[2001 c 286 § 8; 1995 c 216 § 7; 1990 c 3 § 1007.]
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
RCW 71.09.080
Rights of persons committed under this chapter.
(1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall
not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders
made, other than as specifically provided in this chapter.
(2) Any person committed pursuant to this chapter has the right to adequate care and individualized
treatment. The department of social and health services shall keep records detailing all medical, expert,
and professional care and treatment received by a committed person, and shall keep copies of all reports
of periodic examinations made pursuant to this chapter. All such records and reports shall be made
available upon request only to: The committed person, his or her attorney, the prosecuting attorney, the
court, the protection and advocacy agency, or another expert or professional person who, upon proper
showing, demonstrates a need for access to such records.
(3) At the time a person is taken into custody or transferred into a facility pursuant to a petition under
this chapter, the professional person in charge of such facility or his or her designee shall take
reasonable. precautions to inventory and safeguard the personal property of the persons detained or
transferred. A copy of the inventory, signed by the staff member making it, shall be given to the person
detained and shall, in addition, be open to inspection to any responsible relative, subject to limitations, if
any, specifically imposed by the detained person. For purposes of this subsection, "responsible relative"
includes the guardian, conservator, attorney, spouse, parent, adult child, or adult brother or sister of the
person. The facility shall not disclose the contents of the inventory to any other person without consent
of the patient or order of the court.
(4) Nothing in this chapter prohibits a person presently committed from exercising a right presently
available to him or her for the purpose of obtaining release from confinement, including the right to
petition for a writ of habeas corpus.
(5) No indigent person may be conditionally released or unconditionally discharged under this
chapter without suitable clothing, and the secretary shall furnish the person with such sum of money as
is required by RCW 72.02.100 for persons without ample funds who are released from correctional
institutions. As funds are available, the secretary may provide payment to the indigent persons
conditionally released pursuant to this chapter consistent with the optional provisions of RCW 72.02. 100
and 72.02.110, and may adopt rules to do so.
[1995 c 216 § 8; 1990 c 3 § 1008.]
RCW 71.09.985
Medical care -- Contracts for services.
(1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care
practitioners, health care facilities, and other entities or agents as may be necessary to provide basic
medical care to residents. The contracts shall not cause the termination of classified employees of the
department rendering the services at the time the contract is executed.
(2) In contracting for services, the secretary is authorized to provide for indemnification of health
care practitioners who cannot obtain professional liability insurance through reasonable effort, from
liability on any action, claim, or proceeding instituted against them arising out of the good faith
performance or failure of performance of services on behalf of the department. The contracts may
provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the
department has contracted shall be considered state employees.
[2002 c 58 § l.]
NOTES:
Effective date -- 2002 c 58: "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 [March 21, 2002]." [2002 c 58 § 3.]
RCW 71.09.090
Petition for conditional release to less restrictive alternative or unconditional discharge --
Procedures.
(1) If the secretary determines that the person's condition has so changed that either: (a) The person no
longer meets the definition of a sexually violent predator; or (b) conditional release to a less restrictive
alternative is in the best interest of the person and conditions can be imposed that adequately protect the
community, the secretary shall authorize the person to petition the court for conditional release to a less
restrictive alternative or unconditional discharge. The petition shall be filed with the court and served
upon the prosecuting agency responsible for the initial commitment. The court, upon receipt of the
petition for conditional release to a less restrictive alternative or unconditional discharge, shall within
forty-five days order a hearing.
(2)(a) Nothing contained in this chapter shall prohibit the person from otherwise petitioning the court
for conditional release to a less restrictive alternative or unconditional discharge without the secretary's
approval. The secretary shall provide the committed person with an annual written notice of the person's
right to petition the court for conditional release to a less restrictive alternative or unconditional
discharge over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall
file the notice and waiver form and the annual report with the court. If the person does not affirmatively
waive the right to petition, the court shall set a show cause hearing to determine whether probable cause
exists to warrant a hearing on whether the person's condition has so changed that: (i) He or she no longer
meets the definition of a sexually violent predator; or (ii) conditional release to a proposed less
restrictive alternative would be in the best interest of the person and conditions can be imposed that
would adequately protect the community.
(b) The committed person shall have a right to have an attorney represent him or her at the show
cause hearing, which may be conducted solely on the basis of affidavits or declarations, but the person is
not entitled to be present at the show cause hearing. At the show cause hearing, the prosecuting attorney
or attorney general shall present prima facie evidence establishing that the committed person continues
to meet the definition of a sexually violent predator and that a less restrictive alternative is not in the best
interest of the person and conditions cannot be imposed that adequately protect the community. In
making this showing, the state may rely exclusively upon the annual report prepared pursuant to RCW
71.09.070. The committed person may present responsive affidavits or declarations to which the state
may reply.
(c) If the court at the show cause hearing determines that either: (i) The state has failed to present
prima facie evidence that the committed person continues to meet the definition of a sexually violent
predator and that no proposed less restrictive alternative is in the best interest of the person and
conditions cannot be imposed that would adequately protect the community; or (ii) probable cause exists
to believe that the person's condition has so changed that: (A) The person no longer meets the definition
of a sexually violent predator; or (B) release to a proposed less restrictive alternative would be in the
best interest of the person and conditions can be imposed that would adequately protect the community,
then the court shall set a hearing on either or both issues.
(d) If the court has not previously considered the issue of release to a less restrictive alternative,
either through a trial on the merits or through the procedures set forth in RCW 71.09.094(1), the court
shall consider whether release to a less restrictive alternative would be in the best interests of the person
and conditions can be imposed that would adequately protect the community, without considering
whether the person's condition has changed.
(3)(a) At the hearing resulting from subsection (1) or (2) of this section, the committed person shall
be entitled to be present and to the benefit of all constitutional protections that were afforded to the
person at the initial commitment proceeding. The prosecuting agency or the attorney general if requested
by the county shall represent the state and shall have a right to a jury trial and to have the committed
person evaluated by experts chosen by the state. The committed person shall also have the right to a jury
trial and the right to have experts evaluate him or her on his or her behalf and the court shall appoint an
expert if the person is indigent and requests an appointment.
(b) If the issue at the hearing is whether the person should be unconditionally discharged, the burden
of proof shall be upon the state to prove beyond a reasonable doubt that the committed person's
condition remains such that the person continues to meet the definition of a sexually violent predator.
Evidence of the prior commitment trial and disposition is admissible.
(c) If the issue at the hearing is whether the person should be conditionally released to a less
restrictive alternative, the burden of proof at the hearing shall be upon the state to prove beyond a
reasonable doubt that conditional release to any proposed less restrictive alternative either: (i) Is not in
the best interest of the committed person; or (ii) does not include conditions that would adequately
protect the community. Evidence of the prior commitment trial and disposition is admissible.
(4)(a) Probable cause exists to believe that a person's condition has "so changed," under subsection
(2) of this section, only when evidence exists, since the person's last commitment trial proceeding, of a
substantial change in the person's physical or mental condition such that the person either no longer
meets the definition of a sexually violent predator or that a conditional release to a less restrictive
alternative is in the person's best interest and conditions can be imposed to adequately protect the
community.
(b) A new trial proceeding under subsection (3) of this section may be ordered, or held, only when
there is current evidence from a licensed professional of one of the following and the evidence presents
a change in condition since the person's last commitment trial proceeding:
(i) An identified physiological change to the person, such as paralysis, stroke, or dementia, that
renders the committed person unable to commit a sexually violent act and this change is permanent; or
(ii) A change in the person's mental condition brought about through positive response to continuing
participation in treatment which indicates that the person meets the standard for conditional release to a
less restrictive alternative or that the person would be safe to be at large if unconditionally released from
commitment.
(c) For purposes of this section, a change in a single demographic factor, without more, does not
establish probable cause for a new trial proceeding under subsection (3) of this section. As used in this
section, a single demographic factor includes, but is not limited to, a change in the chronological age,
marital status, or gender of the committed person.
(5) The jurisdiction of the court over a person civilly committed pursuant to this chapter continues
until such time as the person is unconditionally discharged.
[2005 c 344 § 2; 2001 c 286 § 9; 1995 c 216 § 9; 1992 c 45 § 7; 1990 c 3 § 1009.]
NOTES:
Findings -- Intent -- 2005 c 344: "The legislature finds that the decisions in In re Young, 120 Wn.
App. 753, review denied, Wn.2d (2004) and In re Ward, Wn. App. (2005) illustrate an unintended
consequence of language in chapter 71.09 RCW.
The Young and Ward decisions are contrary to the legislature's intent set forth in RCW 71.09_010 that
civil commitment pursuant to chapter 71.09 RCW address the "very long - term" needs of the sexually
violent predator population for treatment and the equally long -term needs of the community for
protection from these offenders. The legislature finds that the mental abnormalities and personality
disorders that make a person subject to commitment under chapter 71.09 RCW are severe and chronic
and do not remit due solely to advancing age or changes in other demographic factors.
The legislature finds, although severe medical conditions like stroke, paralysis, and some types of .
dementia can leave a person unable to commit further sexually violent acts, that a mere advance in age
or a change in gender or some other demographic factor after the time of commitment does not merit a
new trial proceeding under RCW 71.09.090. To the contrary, the legislature finds that a new trial
ordered under the circumstances set forth in Young and Ward subverts the statutory focus on treatment
and reduces community safety by removing all incentive for successful treatment participation in favor
of passive aging and distracting committed persons from fully engaging in sex offender treatment.
The Young and Ward decisions are contrary to the legislature's intent that the risk posed by persons
committed under chapter 71.09 RCW will generally require prolonged treatment in a secure facility
followed by intensive community supervision in the cases where positive treatment gains are sufficient
for community safety. The legislature has, under the guidance of the federal .court, provided avenues
through which committed persons who successfully progress in treatment will be supported by the state
in a conditional release to a less restrictive alternative that is in the best interest of the committed person
and provides adequate safeguards to the community and is the appropriate next step in the person's
treatment.
The legislature also finds that, in some cases, a committed person may appropriately challenge
whether he or she continues to meet the criteria for commitment. Because of this, the legislature enacted
RCW 71.09.070 and 71.09.090, requiring a regular review of a committed person's status and permitting
the person the opportunity to present evidence of a relevant change in condition from the time of the last
commitment trial proceeding. These provisions are intended only to provide a method of revisiting the
indefinite commitment due to a relevant change in the person's condition, not an alternate method of
collaterally attacking a person's indefinite commitment for reasons unrelated to a change in condition.
Where necessary, other existing statutes and court rules provide ample opportunity to resolve any
concerns about prior commitment trials. Therefore, the legislature intends to clarify the "so changed"
standard." [2005 c 344 § l.]
Severability -- 2005 c 344: "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." [2005 c 344 § 3.]
Effective date -- 2005 c 344: "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 [May 9, 2005]." [2005 c 344 § 4.]
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
Severability -- Application -- 1992 c 45: See notes following RCW 9.94A.840.
RCW 71.09.092
Conditional release to less restrictive alternative -- Findings.
Before the court may enter an order directing conditional release to a less restrictive alternative, it must
find the following: (1) The person will be treated by a treatment provider who is qualified to provide
such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has
presented a specific course of treatment and has agreed to assume responsibility for. such treatment and
will report progress to the court on a regular basis, and will report violations immediately to the court,
the prosecutor, the supervising community corrections officer, and the superintendent of the special
commitment center; (3) housing exists that is sufficiently secure to protect the community, and the
person or agency providing housing to the conditionally released person has agreed in writing to accept
the person, to provide the level of security required by the court, and immediately to report to the court,
the prosecutor, the supervising community corrections officer, and the superintendent of the special
commitment center if the person leaves the housing to which he or she has been assigned without
authorization; (4) the person is willing to comply with the treatment provider and all requirements
imposed by the treatment provider and by the court; and (5) the person is willing to comply with
supervision requirements imposed by the department of corrections.
[1995 c 216 § 10.]
RCW 71.09.094
Conditional release to less restrictive alternative -- Verdict.
(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through
summary judgment proceedings prior to such a hearing, if the court finds that there is no legally
sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092
have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue
of conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury,.
the court shall instruct the jury to return a verdict in substantially the following form: Has the state
proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the
best interests of respondent; or (b) does not include conditions that would adequately protect the
community? Answer: Yes or No.
[2001 c 286 § 11; 1995 c 216 § 11.]
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
RCW 71.09.096
Conditional release to less restrictive alternative -- Judgment -- Conditions -- Annual review.
(1) If the court or jury determines that conditional release to a less restrictive alternative is in the best
interest of the person and includes conditions that would adequately protect the community, and the
court determines that the minimum conditions set forth in RCW 71.09.092 and in this section are met,
the court shall enter judgment and direct a conditional release.
(2) The court shall impose any additional conditions necessary to ensure compliance with treatment
and to protect the community. If the court finds that conditions do not exist that will both ensure the
person's compliance with treatment and protect the community, then the person shall be remanded to the
custody of the department of social and health services for control, care, and treatment in a secure
facility as designated in RCW 71,09.060(1).
(3) If the service provider designated by the court to provide inpatient or outpatient treatment or to
monitor or supervise any other terms and conditions of a person's placement in a less restrictive
alternative is other than the department of social and health services or the department of corrections,
then the service provider so designated must agree in writing to provide such treatment, monitoring, or
supervision in accord with this section. Any person providing or agreeing to provide treatment,
monitoring, or supervision services pursuant to this chapter may be compelled to testify and any
privilege with regard to such person's testimony is deemed waived.
(4) Prior to authorizing any release to a less restrictive alternative, the court shall impose such
conditions upon the person as are necessary to ensure the safety of the community. The court shall order
the department of corrections to investigate the less restrictive alternative and recommend any additional
conditions. to the court. These conditions shall include, but are not limited to the following: Specification
of residence, prohibition of contact with potential or past victims, prohibition of alcohol and other drug
use, participation in a specific course of inpatient or outpatient treatment that may include monitoring by
the use of polygraph and plethysmograph, supervision by a department of corrections community
corrections officer, a requirement that the person remain within the state unless the person receives prior
authorization by the court, and any other conditions that the court determines are in the best interest of
the person or others. A copy of the conditions of release shall be given to the person and to any
designated service providers.
(5) Any service provider designated to provide inpatient or outpatient treatment shall monthly, or as
otherwise directed by the court, submit to the court, to the department of social and health services
facility from which the person was released, to the prosecutor of the county in which the person was
found to be a sexually violent predator, and to the supervising community corrections officer, a report
stating whether the person is complying with the terms and conditions of the conditional release to a less
restrictive alternative.
(6) Each person released to a less restrictive alternative shall have his or her case reviewed by the
court that released him or her no later than one year after such release and annually thereafter until the
person is unconditionally discharged. Review may occur in a shorter time or more frequently, if the
court, in its discretion on its own motion, or on motion of the person, the secretary, or the prosecuting
attorney so determines. The sole question to be determined by the court is whether the person shall
continue to be conditionally released to a less restrictive alternative. The court in making its
determination shall be aided by the periodic reports filed pursuant to subsection (5) of this section and
the opinions of the secretary and other experts or professional persons.
[2001 c 286 § 12; 1995 c 216 § 12.]
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
RCW 71.09.098
Conditional release to less restrictive alternative -- Hearing on revocation or modification --
Authority to apprehend conditionally released person.
(1) Any service provider submitting reports pursuant to RCW 71.09.096(6), the supervising community
corrections officer, the prosecuting attorney, or the attorney general may petition the court, or the court
on its own motion may schedule an immediate hearing, for the purpose of revoking or modifying the
terms of the person's conditional release to a less restrictive alternative if the petitioner or the court
believes the released person is not complying with the terms and conditions of his or her release or is in
need of additional care, monitoring, supervision, or treatment.
(2) If the prosecuting attorney, the supervising community corrections officer, or the court, based
upon information received by them, reasonably believes that a conditionally released person is not
complying with the terms and conditions of his or her conditional release to a less restrictive alternative,
the court or community corrections officer may order that the conditionally released person be
apprehended and taken into custody until such time as a hearing can be scheduled to determine the facts
and whether or not the person's conditional release should be revoked or modified. The court shall be
notified before the close of the next judicial day of the person's apprehension. Both the prosecuting
attorney and the conditionally released person shall have the right to request an immediate mental
examination of the conditionally released person. If the conditionally released person is indigent, the
court shall, upon request, assist him or her in obtaining a qualified expert or professional person to
conduct the examination.
(3) The court, upon receiving notification of the person's apprehension, shall promptly schedule a
hearing. The issue to be determined is whether the state has proven by a preponderance of the evidence
that the conditionally released person did not comply with the terms and conditions of his. or her release.
Hearsay evidence is admissible if the court finds it otherwise reliable. At the hearing, the court shall
determine whether the person shall continue to be conditionally released on the same or modified
conditions or whether his or her conditional release shall be revoked and he or she shall be committed to
total confinement, subject to release only in accordance with provisions of this chapter.
[2001 c 286 § 13; 1995 c 216 § 13.]
NOTES:
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW
71.09.015.
RCW 71.09.110
Department of social and health services - Duties -- Reimbursement.
The department of social and health services shall be responsible for all costs relating to the evaluation
and treatment of persons committed to their custody whether in a secure facility or under a less
restrictive alternative under any provision of this chapter. Reimbursement may be obtained by the
department for the cost of care and treatment of persons committed to its custody whether in a secure
facility or under a less restrictive alternative pursuant to RCW 43.20B.330 through 43.2013.370.
[1995 c 216 § 14; 1990 c 3 § 1011.1
RCW 71.09.112
Department of social and health services -- Jurisdiction continues after criminal conviction --
Exception.
A person subject to court order under the provisions of this chapter who is thereafter convicted of a
criminal offense remains under the jurisdiction of the department following: (1) Completion of the
criminal sentence; or (2) release from confinement in a state or local correctional facility, and shall be
returned to the custody of the department.
This section does not apply to persons subject to a court order under the provisions of this chapter
who are thereafter sentenced to life without the possibility of release.
[2002 c 19 § l.]
RCW 71.09.115
Record check required for employees of secure facility.
(1) The safety and security needs of the secure facility operated by the department of social and health
services pursuant to RCW 71.09.060(1) make it vital that employees working in the facility meet
necessary character, suitability, and competency qualifications. The. secretary shall require a record
check through the Washington state patrol criminal identification system under chapter 10.97 RCW and
through the federal bureau of investigation. The record check must include a fingerprint check using a
complete Washington state criminal identification fingerprint card., The criminal history record checks
shall be at the expense of the department. The secretary shall use the information only in making the
initial employment or engagement decision, except as provided in subsection (2) of this section. Further
dissemination or use of the record is prohibited.
(2) This section applies to all current employees hired prior to June 6, 1996, who have not previously
submitted to a department of social and health services criminal history records check. The secretary
shall use the information only in determining whether the current employee meets the necessary
character, suitability, and competency requirements for employment or engagement.
[1996 c 27 § 1.]
RCW 71.09.120
Release of information authorized.
In addition to any other information required to be released under this chapter, the department is
authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the
public, concerning a specific sexually violent predator committed under this chapter.
[1990 c 3 § 1012.]
RCW 71.09.130
Notice of escape or disappearance.
In the event of an escape by a person committed under this chapter from a state institution or the
disappearance of such a person while on conditional release, the superintendent or community
corrections officer shall notify the following as appropriate: Local law enforcement officers, other
governmental agencies, the person's relatives, and any other appropriate persons about information
necessary for the public safety or to assist in the apprehension of the person.
[1995 c 216 § 16.]
RCW 71.09.135
McNeil Island -- Escape planning, response.
The emergency response team for McNeil Island shall plan, coordinate, and respond in the event of an
escape from the special commitment center or the secure community transition facility.
[2003 c 216 § 6.]
NOTES:
Severability -- Effective date -- 2003 c 216: See notes following RCW 71.09.300.
RCW 71.09.140
Notice of conditional release or unconditional discharge -- Notice of escape and recapture.
(1) At the earliest possible date, and in no event later than thirty days before conditional release or
unconditional discharge, except in the event of escape, the department of social and health services shall
send written notice of conditional release, unconditional discharge, or escape, to the following:
(a) The chief of police of the city, if any, in which the person will reside or in which placement will
be made under a less restrictive alternative;
(b) The sheriff of the county in which the person will reside or in which placement will be made
under a less restrictive alternative; and
(c) The sheriff of the county where the person was last convicted of a sexually violent offense, if the
department does not know where the person will reside.
The department shall notify the state patrol of the release of all sexually violent predators and that
information shall be placed in the Washington crime information center for dissemination to all law
enforcement.
(2) The same notice as required by subsection (1) of this section shall be sent to the following if such
notice has been requested in writing about a specific person found to be a sexually violent predator
under this chapter:
(a) The victim or.victims of any sexually violent offenses for which the person was convicted in the
past or the victim's next of kin if the crime was a homicide. "Next of kin" as used in this section means a
person's spouse, parents, siblings, and children;
(b) Any witnesses who testified against the person in his or her commitment trial under RCW
71.09.060; and
(c) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive the. notice, and the notice are
confidential and shall not be available to the committed person.
(3) If a person committed as a sexually violent predator under this chapter escapes from a department
of social and health services facility, the department shall immediately notify, by the most reasonable
and expedient means available, the chief of police of the city and the sheriff of the county in which the
committed person resided immediately before his or her commitment as a sexually violent predator, or
immediately before his or her incarceration for his or her most recent offense. If previously requested,
the department shall also notify the witnesses and the victims of the sexually violent offenses for which
the person was convicted in the past or the victim's next of kin if the crime was a homicide. If the person
is recaptured, the department shall send notice to the persons designated in this subsection as soon as
possible but in no event later than two working days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent offenses for which the person was convicted in the
past or the victim's next of kin, or any witness is under the age of sixteen, the notice required by this
section shall be sent to the parents or legal guardian of the child.
(5) The department of social and health services shall send the notices required by this chapter to the
last address provided to the department by the requesting party. The requesting party shall furnish the
department with a current address.
(6) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a
county for failing to request in writing a notice as provided in subsection (1) of this section.
[1995 c 216 § 17.]
RCW 71.09.200
Escorted leave -- Aefmitions.
For purposes of RCW 71.09.210 through 71.09.230:
(1) "Escorted leave" means a leave of absence from a facility housing persons detained or committed
pursuant to this chapter under the continuous supervision of an escort.
(2) "Escort" means a correctional officer or other person approved by the superintendent or the
superintendent's designee to accompany a resident on a leave of absence and be in visual or auditory
contact with the resident at all times.
(3) "Resident" means a person detained or committed pursuant to this chapter.
[1995 c 216 § 18.]
RCW 71.09.210
Escorted leave -- Conditions.
The superintendent of any facility housing persons detained or committed pursuant to this chapter may,
subject to the approval of the secretary, grant escorted leaves of absence to residents confined in such
institutions to:
(1) Go to the bedside of the resident's wife, husband, child, mother or father, or other member of the
resident's immediate family who is seriously ill;
(2) Attend the funeral of a member of the resident's immediate family listed in subsection (1) of this
section; and
(3) Receive necessary medical or dental care which is not available in the institution.
[1995 c 216 § 19.]
RCW 71.09.220
Escorted leave -- Notice.
A resident shall not be allowed to start a leave of absence under RCW 71.09.210 until the secretary, or
the secretary's designee, has notified any county and city law enforcement agency having jurisdiction in
the area of the resident's destination.
[1995 c 216 § 20.]
RCW 71.09.230
Escorted leave -- Rules.
(1) The secretary is authorized to adopt rules providing for the conditions under which residents will be
granted leaves of absence and providing for safeguards to prevent escapes while on leaves of absence.
Leaves of absence granted to residents under RCW 71.09.210, however, shall not allow or permit any
resident to go beyond the boundaries of this state.
(2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted
leave of absence, or the resident's family, for the actual costs incurred arising from any leave of absence
granted under the authority of RCW 71.09.210 (1) and (2). No state funds shall be expended in
connection with leaves of absence granted under RCW 71.09.210 (1) and (2) unless the resident and the
resident's immediate family are indigent and without resources sufficient to reimburse the state for the
expenses of such leaves of absence.
[1995 c 216 § 21.]
RCW 71.09.250
Transition facility -- Siting.
(1)(a) The secretary is authorized to site, construct, occupy, and operate (i) a secure community
transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative
under RCW 71.09.090(1) and who are conditionally released; and (ii) a special commitment center on
McNeil Island with up to four hundred four beds as a total confinement facility under this chapter,
subject to appropriated funding for those purposes. The secure community transition facility shall be
authorized for the number of beds needed to ensure compliance with the orders of the superior courts
under this chapter and the federal district court for the western district of Washington. The total number
of beds in the secure community transition facility shall be limited to twenty -four, consisting of up to
fifteen transitional beds and up to nine pretransitional beds. The residents occupying the transitional
beds shall be the only residents eligible for transitional services occurring in Pierce county. In no event
shall more than fifteen residents of the secure community transition facility be participating in off -island
transitional, educational, or employment activity at the same time in Pierce county. The department shall
provide the Pierce county sheriff, or his or her designee, with a list of the fifteen residents so designated,
along with their photographs and physical descriptions, and the list shall be immediately updated
whenever a residential change occurs. The Pierce county sheriff, or his or her designee, shall be
provided an opportunity to confirm the residential status of each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds" means beds only for residents who are judged
by a qualified expert to be suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within the secure community transition facility
established pursuant to subsection (1)(a)(i) of this section, or within the special commitment center, up
to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not be permitted to leave McNeil Island for
education, employment, treatment, or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional beds" means beds for residents whose progress
toward a less secure residential environment and transition into more complete community involvement
is projected to take substantially longer than a typical resident of the special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law, this statute preempts and supersedes local
plans, development regulations, permitting requirements, inspection requirements, and all other laws as
necessary to enable the secretary to site, construct, occupy, and operate a secure community transition
facility on McNeil Island and a total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003, persons who were not civilly committed from
the county in which the secure community transition facility established pursuant to subsection (1) of
this section is located may not be conditionally released to a setting in that same county less restrictive
than that facility.
(5) As of June 26, 2001, the state shall immediately cease any efforts in effect on such date to site
secure community transition facilities, other than the facility authorized by subsection (1) of this section,
and shall instead site such facilities in accordance with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of secure community transition facility beds in
addition to the facility established under subsection (1) of this section that may be necessary for the
period of May 2004 through May 2007 and provide notice of these numbers to all counties by August
31, 2001; and
(b) Develop and publish policy guidelines for the siting and operation of secure community transition
facilities.
(7)(a) The total number of secure community transition facility beds that may be required to be sited
in a county between June 26, 2001, and June 30, 2008, may be no greater than the total number of
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 had been made
on April 1, 2001. The total number of secure community transition facility beds required to be sited in
each county between July 1, 2008, and June 30, 2015, may be no greater than the total number of
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 had been made as
of July 1, 2008.
(b) Counties and cities that provide secure community transition facility beds above the maximum
number that they could be required to site under this subsection are eligible for a bonus grant under the
incentive provisions in RCW 71.09.255. The county where the special commitment center is located
shall receive this bonus grant for the number of beds in the facility established in subsection (1) of this
section in excess of the maximum number established by this subsection.
(c) No secure community transition facilities in addition to the one established in subsection (1) of
this section may be required to be sited in the county where the special commitment center is located
until after June 30, 2008, provided however, that the county and its cities may elect to site additional
secure community transition facilities and shall be eligible under the incentive provisions of RCW
71.09.255 for any additional facilities meeting the requirements of that section.
(8) In identifying potential sites within a county for the location of a secure community transition
facility, the department shall work with and assist local governments to provide for the equitable
distribution of such facilities. In coordinating and deciding upon the siting of secure community
transition facilities, great weight shall be given by the county and cities within the county to:
(a) The number and location of existing residential facility beds operated by the department of
corrections or the mental health division of the department of social and health services in each
jurisdiction in the county; and
(b) The number of registered sex offenders classified as level II or level III and the number of sex
offenders registered as homeless residing in each jurisdiction in the county.
(9)(a) "Equitable distribution" means siting or locating secure community transition facilities in a
manner that will not cause a disproportionate grouping of similar facilities either in any one county, or
in any one jurisdiction or community within a county, as relevant; and
(b) "Jurisdiction" means a city, town, or geographic area of a county in which distinct political or
judicial authority may be exercised.
[2003 c 216 § 3; 2001 2nd sp.s. c 12 § 201.]
NOTES:
Severability -- Effective date -- 2003 c 216: See notes following RCW 71.09.300.
Intent -- 2001 2nd sp.s. c 12: "The legislature intends the following omnibus bill to address the
management of sex offenders in the civil commitment and criminal justice systems for purposes of
public health, safety, and welfare. Provisions address siting of and continued operation of facilities for
persons civilly committed under chapter 71.09 RCW and sentencing of persons who have committed sex
offenses. Other provisions address the need for sex offender treatment providers with specific
credentials. Additional provisions address the continued operation or authorized expansion of criminal
justice facilities at McNeil Island, because these facilities are impacted by the civil facilities on McNeil
Island for persons committed under chapter 7 1. 09 RCW." [2001 2nd sp.s. c 12 § 101.]
Severability -- 2001 2nd sp.s. c 12: "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." [2001 2nd sp.s. c 12 § 504.]
Effective dates -- 2001 2nd sp.s. c 12: "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 [June 26, 2001], except for sections 301 through 363, 501, and 503 of this act
which take effect September 1, 2001." [2001 2nd sp.s. c 12 § 505.]
RCW 71.09.2501
"All other laws" defined. (Expires June 30, 2009.)
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 71.09.342, "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
water, land, and air.
This section expires June 30, 2009.
[2002 c 68 § 11.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
RCW 71.09.252
Transition facilities -- Agreements for regional facilities.
(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 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.
[2002 c 68 § 18.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
RCW 71.09.255
Transition facilities -- Incentive grants and payments.
(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 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 one hundred twenty days after March 21, 2002, 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 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.
[2002 c 68 § 8; 2001 2nd sp.s. c 12 § 204.1
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.260
Transition facilities not limited to residential neighborhoods.
The provisions of chapter 12, Laws of 2001 2nd sp. sess. shall not be construed to limit siting of secure
community transition facilities to residential neighborhoods.
[2001 2nd sp.s. c 12 § 206.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.265
Transition facilities -- Distribution of impact.
(1) The department shall make reasonable efforts to distribute the impact of the employment, education,
and social services needs of the residents of the secure community transition facility established
pursuant to RCW 71.09.250(1) among the adjoining counties and not to concentrate the residents' use of
resources in any one community.
. (2) The department shall develop policies to ensure that, to the extent possible, placement of persons
eligible in the future for conditional release to a setting less restrictive than the facility established
pursuant to RCW 71.09.250(1) will be equitably distributed among the counties and within jurisdictions
in the county.
[2001 2nd sp.s. c 12 § 208.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.275
Transition facility -- Transportation of residents.
(1) If the department does not provide a separate vessel for transporting residents of the secure
community transition facility established in RCW 71.09.250(1) between McNeil Island and the
mainland, the department shall:
(a) Separate residents from minors and vulnerable adults, except vulnerable adults who have been
found to be sexually violent predators.
(b) Not transport residents during times when children are normally coming to and from the mainland
for school.
(2) The department shall designate a separate waiting area at the points of debarkation, -and residents
shall be required to remain in this area while awaiting transportation.
(3) The department shall provide law enforcement agencies in the counties and cities in which
residents of the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i)
regularly participate in employment, education, or social services, or through which these persons are
regularly transported, with a copy of the court's order of conditional release with respect to. these
persons.
[2003 c 216 § 4; 2001 2nd sp.s. c 12 § 211.]
NOTES:
Severability - -. Effective date -- 2003 c 216: See notes following RCW 71.09.300.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.:
RCW 71.09.280
Transition facility -- Release to less restrictive placement.
When considering whether a person civilly committed under this chapter and conditionally released to a
secure community transition facility is appropriate for release to a placement that is less restrictive than
that facility, the court shall comply with the procedures set forth in RCW 71.09.090 through 71.09.096.
In addition, the court shall consider whether the person has progressed in treatment to the point that a
significant change in the person's routine, including but not limited to a change of employment,
education, residence, or sex offender treatment provider will not cause the person to regress to the point
that the person presents a greater risk to the community than can reasonably be addressed in the
proposed placement.
[2001 2nd sp.s. c 12 § 212.]
NOTES:
.Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.285
Transition facility -- Siting policy guidelines.
(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 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.
[2002 c 68 § 5; 2001 2nd sp.s. c 12 § 213.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.290
Other transition facilities -- Siting policy guidelines.
The. secretary shall establish policy guidelines for the siting of secure community transition facilities,
other than the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i),
which shall include at least the following minimum requirements:
(1) The following criteria must be considered prior to any real property being listed for consideration
for the location of or use as a secure community transition facility:
(a) The proximity and response time criteria established under RCW 71.09.285;
(b) The site or building is available for lease for the anticipated use period or for purchase;
(c) Security monitoring services and appropriate back -up systems are available and reliable;
(d) Appropriate mental health and sex offender treatment providers must be available within a
reasonable commute; and
(e) Appropriate permitting for a secure community transition facility must be possible under the
zoning code of the local jurisdiction.
(2) For sites which meet the criteria of subsection (1) of this section, the department shall analyze and
compare the criteria in subsections (3) through (5) of this section using the method established in RCW
71.09285.
(3) Public safety and security criteria shall include at least the following:
(a) Whether limited visibility between the facility and adjacent properties can be achieved prior to
placement of any person;
(b) The distance from, and number of, risk potential activities and facilities, as measured using the
policies adopted under RCW 71.09.285;
(c) The existence of or ability to establish barriers between the site and the risk potential facilities and
activities;
(d) Suitability of the buildings to be used for the secure community transition facility with regard to
existing or feasibly modified features; and
(e) The availability of electronic monitoring that allows a resident's location to be determined with
specificity.
(4) Site characteristics criteria shall include at least the following:
(a) Reasonableness of rental, lease, or sale terms including length and renewability of a lease or
rental agreement;
(b) Traffic and access patterns associated with the real property;
(c) Feasibility of complying with zoning requirements within the necessary time frame; and
(d) A contractor or contractors are available to install, monitor, and repair the necessary security and
alarm systems.
(5) Program characteristics criteria shall include at least the following:
(a) Reasonable proximity to available medical, mental health, sex offender, and chemical dependency
treatment providers and facilities;
(b) Suitability of the location for programming, staffing, and support considerations;
(c) Proximity to employment, educational, vocational, and other treatment plan components.
(6) For purposes of this section "available" or "availability" of qualified treatment providers includes
provider qualifications and willingness to provide services, average commute time, and cost of services.
[2003 c 216 § 5; 2001 2nd sp.s. c 12 § 214.]
NOTES:
Severability -- Effective date -- 2003 c 216: See notes following RCW 71.09.300.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.295
Transition facilities -- Security systems.
(1) Security systems for all secure community transition facilities shall meet the following minimum
qualifications:
(a) The security panel must be a commercial grade panel with tamper -proof switches and a key -lock
to prevent unauthorized access.
(b) There must be an emergency electrical supply system which shall include a battery back -up
system and a generator.
(c) The system must include personal panic devices for all staff.
(d) The security system must be capable of being monitored and signaled either by telephone through
either a land or cellular telephone system or by private radio network in the event of a total dial -tone
failure or through equivalent technologies.
(e) The department shall issue photo - identification badges to all staff which must be worn at all
times.
(2) Security systems for the secure community transition facility established pursuant to RCW
71.09.250(1) shall also include a fence and provide the maximum protection appropriate in a civil
facility for persons in less than total confinement.
[2001 2nd sp.s. c 12 § 215.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.300
Transition facilities -- Staffing.
Secure community transition facilities shall meet the following minimum staffing requirements:
(1)(a) At any time the census of a facility that accepts its first resident before July 1, 2003, is six or
fewer residents, the facility shall maintain a minimum staffing ratio of one staff per three residents
during normal waking hours and one awake staff per four residents during normal sleeping hours. In no
case shall the staffing ratio permit less than two staff per housing unit.
(b) At any time the census of a facility that accepts its first resident on or after July 1, 2003, is six or
fewer residents, the facility shall maintain a minimum staffing ratio of one staff per resident during
normal waking hours and two awake staff per three residents during normal sleeping hours. In no case
shall the staffing ratio permit less than two staff per housing unit.
(2) At any time the census of a facility is six or fewer residents, all staff shall be classified as
residential rehabilitation counselor II or have a classification that indicates an equivalent or higher level
of skill, experience, and training.
(3) Before being assigned to a facility, all staff shall have training in sex offender issues, self - defense,
and crisis de- escalation skills in addition to departmental orientation and, as appropriate, management
training. All staff with resident treatment or care duties must participate in ongoing in- service training.
.(4) All staff must pass a departmental background check and the check is not subject to the
limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense,
may not be employed at the secure community transition facility or be approved as an escort for a
resident of.the facility.
[2003 c 216 § 1; 2001 2nd sp.s. c 12 § 216.]
NOTES:
Severability -- 2003 c 216: "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." [2003 c 216 § 8.]
Effective date - -2003 c 216: "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 July 1, 2003." [2003 c 216 § 9.]
. Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.305
Transition facility residents -- Monitoring, escorting.
(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
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.
(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.
[2002 c 68 § 6; 2001 2nd sp.s. c 12 § 217.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.310
Transition facility residents -- Mandatory escorts.
Notwithstanding the provisions of RCW 71.09.305, residents of the secure community transition facility
established pursuant to RCW 71.09.250(1) must be escorted at anytime the resident leaves the facility.
[2001 2nd sp.s. c 12 § 218.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.315
Transition facilities -- Public notice, review, and comment.
(1) Whenever the department operates, or the secretary enters into a contract to operate, a secure
community transition facility except the secure community transition facility established pursuant to
RCW 71.09.250(1), the secure community transition facility may be operated only after the public
notification and opportunities for review and comment as required by this section.
(2) The secretary shall establish a process for early and continuous public participation in
establishing or relocating secure community transition facilities. The process shall include, at a
minimum, public meetings in the local communities affected, as well as opportunities for written and
oral comments, in the following manner:
(a) If there are more than three sites initially selected as potential locations and the selection process
by the secretary or a service provider reduces the number of possible sites for a secure community
transition facility to no fewer than three, the secretary or the chief operating officer of the service
provider shall notify the public of the possible siting and hold at least two public hearings in each
community where a secure community transition facility may be sited.
(b) When the secretary or service provider has determined the secure community transition facility's
location, the secretary or the chief operating officer of the service provider shall hold at least one
additional public hearing in the community where the secure community transition facility will be sited.
(c) When the secretary has entered negotiations with a service provider and only one site is under
consideration, then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed
location, the secretary or the chief operating officer of the service provider shall provide at least fourteen
days' advance notice of the meeting to all newspapers of general circulation in the community, all radio
and television stations generally available to persons in the community, any school district in which the
secure community transition facility would be sited or whose boundary is within two miles of a
proposed secure community transition facility, any library district in which the secure community
transition facility would be sited, local business or fraternal organizations that request notification from
the secretary or agency, and any person or property owner within a one -half mile radius of the proposed
secure community transition facility. Before initiating this process, the department of social and health
services shall contact local government planning agencies in the communities containing the proposed
secure community transition facility. The department of social and health services shall coordinate with
local government agencies to ensure that opportunities are provided for effective citizen input and to
reduce the duplication of notice and meetings.
(3) If local government land use regulations require that a special use or conditional use permit be
submitted and approved before a secure community transition facility can be sited, and the process for
obtaining such a permit includes public notice and hearing requirements similar to those required under
this section, the requirements of this section shall not apply to the extent they would duplicate
requirements under the local land use regulations.
(4) This section applies only to secure community transition facilities sited after June 26, 2001.
[2001 2nd sp.s. c 12 § 219.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.320
Transition facilities -- Operational advisory boards.
(1) The secretary shall develop a process with local governments that allows each community in which a
secure community transition facility is located to establish operational advisory boards of at least seven
persons for the secure community transition facilities. The department may conduct community
awareness activities to publicize this opportunity. The operational advisory boards developed under this
section shall be implemented following the decision to locate a secure community transition facility in a
particular community.
(2) The operational advisory boards may review and make recommendations regarding the security
and operations of the secure community transition facility and conditions or modifications necessary
with relation to any person who the secretary proposes to place in the secure community transition
facility.
(3) The facility management must consider the recommendations of the community advisory boards.
Where the facility management does not implement an operational advisory board recommendation, the
management must provide a written response to the operational advisory board stating its reasons for its
decision not to implement the recommendation.
(4) The operational advisory boards, their members, and any agency represented by a member shall
not be liable in any'cause of action as a result of its recommendations unless the advisory board acts
with gross negligence or bad faith in making a recommendation.
[2001 2nd sp.s. c 12 § 220.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.325
Transition facilities -- Conditional release -- Reports -- Violations.
(1) The secretary shall adopt a violation reporting policy for persons conditionally released to less
restrictive alternative placements. The policy shall require written documentation by the department and
service providers of all violations of conditions set by the department, the department of corrections, or
the court and establish criteria for returning a violator to the special commitment center or a secure
community transition facility with a higher degree of security. Any conditionally released person who
commits a serious violation of conditions shall be returned to the special commitment center, unless
arrested by a law enforcement officer, and the court shall be notified immediately and shall initiate
proceedings under RCW 71.09.098 to revoke or modify the less restrictive alternative placement.
Nothing in this section limits the authority of the department to return a person to the special
commitment center based on a violation that is not a serious violation as defined in this section. For the
purposes of this section, "serious violation" includes but is not limited to:
(a) The commission of any criminal offense;
(b) Any unlawful use or possession of a controlled substance; and
(c) Any violation of conditions targeted to address the person's documented pattern of offense that
increases the risk to public safety.
(2) When a person is conditionally released to a less restrictive alternative under this chapter and is
under the supervision of the department of corrections, notice of any violation of the person's conditions
of release must also be made to the department of corrections.
(3) Whenever the secretary contracts with a service provider to operate a secure community transition
facility, the contract shall include a requirement that the service provider must report to the department
of social and health services any known violation of conditions committed by any resident of the secure
community transition facility.
(4) The secretary shall document in writing all violations, penalties, actions by the department of
social and health services to remove persons from a secure community transition facility, and contract
terminations. The secretary shall compile this information and submit it to the appropriate committees of
the legislature on an annual basis. The secretary shall give great weight to a service provider's record of
violations, penalties, actions by the department of social and health services or the department of
corrections to remove persons from a secure community transition facility, and contract terminations in
determining whether to execute, renew, or renegotiate a contract with a service provider.
[2001 2nd sp.s. c 12 § 221.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.330
Transition facilities -- Contracted operation -- Enforcement remedies.
Whenever the secretary contracts with a provider to operate a secure community transition facility, the
secretary shall include in the contract provisions establishing intermediate contract enforcement
remedies.
[2001.2nd sp.s. c 12 § 222.1
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.335
Conditional release from total confinement -- Community notification.
A conditional release from a total confinement facility to a less restrictive alternative is a release that
subjects the conditionally released person to the registration requirements specified in RCW 9A.44.130
and to community notification under RCW 4.24.550.
. When a person is conditionally released to the secure community transition facility established
pursuant to RCW 71.09.250(1), the sheriff must provide each household on McNeil Island with the
community notification information provided for under RCW 4.24.550.
[2001 2nd sp.s. c 12 § 223.1
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.340
Conditionally released persons -- Employment, educational notification.
An employer who hires a person who has been conditionally released to a less restrictive alternative
must notify all other employees of the conditionally released person's status. Notification for
conditionally released persons who enroll in an institution of higher education shall be made pursuant to
the provisions of RCW 9A.44.130 related to sex offenders enrolled in institutions of higher education
and RCW 4.24.550. This section applies only to conditionally released persons whose court- approved
treatment plan includes permission or a requirement for the person to obtain education or employment
and to employment positions or educational programs that meet the requirements of the court- approved
treatment plan.
[2001 2nd sp.s. c 12 § 224.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
RCW 71.09.341
Transition facilities -- Authority of department -- Effect of local regulations.
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.
[2002 c 68 § 7.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
RCW 71.09.342
Transition facilities -- Siting -- Local regulations preempted, when -- Consideration of public
safety measures.
(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 71.09.285 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 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 43.21 C.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) In no case may a secure community transition facility be sited 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 unless the site that the department has chosen in a particular
county or city was identified pursuant to a process for siting secure community transition facilities
adopted by that county or city in compliance with RCW 36.70A.200. "Within the line of sight" means
that it is possible to reasonably visually distinguish and recognize individuals.
(8) This section does not apply to the secure community transition facility established pursuant to
RCW 71.09.250(1).
[2003 c 50 § 2; 2002 c 68 § 9.]
NOTES:
Application -- Effective date -- 2003 c 50: See notes following RCW 71.09.020.
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
"All other laws" defined: RCW 71.09.2501.
RCW 71.09.343
Transition facilities -- Contract between state and local governments.
(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 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.
[2002 c 68 § 16.]
NOTES:
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
RCW 71.09.344
Transition facilities -- Mitigation agreements.
(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.
[2002 c 68 § 17.]
NOTES: .
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
RCW 71.09.345
Alternative - placement -- Authority of court.
Nothing in chapter 12, Laws of 2001 2nd sp. sess. shall operate to restrict a court's authority to make
less restrictive alternative placements to a committed person's individual residence or to a setting less
restrictive than a secure community transition facility. A court- ordered less restrictive alternative
placement to a committed person's individual residence is not a less restrictive alternative placement to a
secure community transition facility.
[2001 2nd sp.s. c 12 § 226.]
NOTES:
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.350
Examination and treatment only by certified providers -- Exceptions.
(1) Examinations and treatment of sexually violent predators who are conditionally released to a less
restrictive alternative under this chapter shall be conducted only by certified sex offender treatment
providers or certified affiliate sex offender treatment providers under chapter 18.155 RCW unless the
court or the department of social and health services finds that: (a) The court- ordered less restrictive
alternative placement is located in another state; (b) the treatment provider is employed by the
department; or (c)(i) all certified sex offender treatment providers or certified affiliate sex offender
treatment providers become unavailable to provide treatment within a reasonable geographic distance of
the person's home, as determined in rules adopted by the department of social and health services; and
(ii) the evaluation and treatment plan comply with the rules adopted by the department of social and
health services.
A treatment provider approved by the department of social and health services under (c) of this
subsection, who is not certified by the department of health, shall consult with a certified sex offender
treatment provider during the person's period of treatment to ensure compliance with the rules adopted
by the department of health. The frequency and content of the consultation shall be based on the
recommendation of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is employed or approved by the department of
social and health'services under subsection (1) of this section or otherwise certified, may not perform or
provide treatment of sexually violent predators under this section if the treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW 9.94A.030;
(b) Convicted in any other jurisdiction of an offense that under the laws of this state would be
classified as a sex offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing any health care profession by competent
authority in any state, federal, or foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert from examining or evaluating a sexually
violent predator who has been conditionally released for purposes of presenting an opinion in court
proceedings.
[2004 c 38 § 14; 2001 2nd sp.s. c 12 § 404.]
NOTES:
Effective date -- 2004 c 38: See note following RCW 18.155.075.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW
71.09.250.
RCW 71.09.800
Rules.
The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, for the
oversight and operation of the program established pursuant to this chapter. Such rules shall include
provisions for an annual inspection of the special commitment center and requirements for treatment
plans and the retention of records.
[2000 c 44 § 1.]
NOTES:
Effective date -- 2000 c 44: "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 [March 22, 2000]." [2000 c 44 § 2.]
RCW 71.09.900
Index, part headings not law -- 1990 c 3.
See RCW 18.155.900.
RCW 71.09.901
Severability - -1990 c 3.
See RCW 18.155.901.
RCW 71.09.902
Effective dates -- Application - -1990 c 3.
See RCW 18.155.902.
Affidavit of Publication
STATE OF WASHINGTON, S.S.
COUNTY OF SNOHONHSH
swom to before me this 9th
C ®� day of November, 2005 `( L" `�'44,
NNOV No'rAR 9N G
f 1 2M5 Notary Public ' and or the State of Washington, residing at kvcrck, SnohSb"C
C" County. N�� 9-17-2008
14t ..���
F �
OP WA si4
Account Name: City of Edmonds Account Number. 101416 Order Number. 001347738
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
of THE HERALD, a daily newspaper printed and published in the City of Everett, County of
SUMMARY OF ORDINANCE NO. 3572
Snohomish, and State of Washington; that said newspaper is a newspaper of general
o 1 e rty o mon s, as ington
On the 1st day of November, 2005, the City Council
circulation in said County and State; that said newspaper has been approved as a legal
of the
City of Edmonds, passed Ordinance No. 3572. A summary of
I the content of said ordinance, consisting of the title,
newspaper by order of the Superior Court of Snohomish County and that the notice
as follows: provides
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
Summary of Ordinance No. 3572
TON AMENDING TITLE 20 OF THE EDMONDS COMMU-
TER 20.16 EESSENTIAL PUBLIIC FACILITIES TIES T ERETO, l'
City Ci of Edmonds
ADOPTING HE SITING,.
IS MITIGATION
FACIL T E E
, AND FIXING A TIME WHENTTHEPSAMI
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of November, 2005.
Published: November 9, 2006 CLERK, SANDRA S. CHASE
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:
November 09, 2005
and that said newspaper was regularly distributed to its subscribers during all of said period.
aZ&
swom to before me this 9th
C ®� day of November, 2005 `( L" `�'44,
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f 1 2M5 Notary Public ' and or the State of Washington, residing at kvcrck, SnohSb"C
C" County. N�� 9-17-2008
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Account Name: City of Edmonds Account Number. 101416 Order Number. 001347738