5070-S2 AMH CONW HALL 253
2SSB 5070 - H AMD TO HS COMM AMD (5070-S2.E AMH HS H3165.2) 774
By Representative Conway
On page 15, after line 25, strike section 402 and insert the following:
"NEW SECTION. Sec. 402. A new section is added to chapter
72.65 RCW to read as follows:
(1) The department shall prepare a projected list of counties
and rural multicounty geographic areas in which work release,
community justice centers, or other community-based facilities need
to be sited during the fiscal year beginning July 1, 2007, and
every biennium thereafter starting with the biennium beginning July
1, 2008, and transmit the list to the office of financial
management and the counties on the list. The list may be updated as
needed. In preparing the list, the department shall make
substantial efforts to provide for the equitable distribution of
work release, community justice centers, or other community-based
facilities among counties. The department shall give great weight
to the following factors in determining equitable distribution:
(a) The locations of existing residential facilities owned or
operated by, or operated under contract with, the department in
each county;
(b) The number and proportion of adult offenders sentenced to
the custody or supervision of the department by the courts of the
county or rural multicounty geographic area; and
(c) The number of adult registered sex offenders classified as
level II or III and adult sex offenders registered as homeless per
thousand persons residing in the county.
(2) The department shall submit, along with the list required
under subsection (1) of this section, the operational requirements
for the facilities on the list to the office of financial
management and the counties on the list. The operational
requirements must be consistent with the facility criteria
established under subsection (5) of this section.
(3)(a) A county that is included on the list required under
subsection (1) of this section planning under RCW 36.70A.040 shall
provide notice to every city within the county that the county has
received notice required under subsection (1) of this section and
that the location chosen for the facility may be within the city.
The notice must be provided by the county to the cities within
thirty days of the county receiving the notice required under
subsection (1) of this section.
(b) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section planning under
RCW 36.70A.040 shall, in cooperation with its cities, site of each
projected work release facility or community justice center on the
list within the county using its process for siting essential
public facilities under RCW 36.70A.200 and section 404 of this act.
(4)(a) A county that is included on the list required under
subsection (1) of this section not planning under RCW 36.70A.040
shall provide notice to every city within the county that the
county has received notice required under subsection (1) of this
section and that the location chosen for the facility may be within
the city. The notice must be provided by the county to the cities
within thirty days of the county receiving the notice required
under subsection (1) of this section.
(b) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section not planning
under RCW 36.70A.040 shall, in cooperation with its cities, site
each projected work release facility or community justice center on
the list within the county using the procedures established in
section 405 of this act.
(5) The department shall, by rule, adopt facility criteria and
shall consult with local governments in such rule making.
(6) For the purposes of sections 402 through 406 of this act, the following definitions apply:
(a) "Equitable distribution" or "distribute equitably" means siting or locating work release, community justice centers, or other community-based facilities in a manner that reasonably reflects the proportion of offenders sentenced to the custody or supervision of the department by the courts of each county or rural multicounty geographic area designated by the department, and, to the extent practicable, the proportion of offenders residing in particular jurisdictions or communities within such counties or rural multicounty geographic areas. Equitable distribution is a policy goal, not a basis for any legal challenge to the siting, construction, occupancy, or operation of any facility anywhere in the state;
(b) "Operational requirements" means the type of facility
proposed, the number of persons the facility is intended to house,
the number of staff persons necessary to operate the facility, the
approximate size of the buildings and premises necessary for the
facility, as well as a description of the operations, programmatic
and treatment opportunities that the facility will offer.
Sec. 403. RCW 36.70A.200 and 2002 c 68 s 2 are each amended
to read as follows:
(1) The comprehensive plan of each county and city that is
planning under RCW 36.70A.040 shall include a process for
identifying and siting essential public facilities. Essential
public facilities include those facilities that are typically
difficult to site, such as airports, state education facilities and
state or regional transportation facilities as defined in RCW
47.06.140, state and local correctional facilities, solid waste
handling facilities, and in-patient facilities including substance
abuse facilities, mental health facilities, group homes, and secure
community transition facilities as defined in RCW 71.09.020.
(2)(a) Each county and city planning under RCW 36.70A.040
shall, not later than September 1, 2002, establish a process, or
amend its existing process, for identifying and siting essential
public facilities and adopt or amend its development regulations as
necessary to provide for the siting of secure community transition
facilities consistent with statutory requirements applicable to
these facilities.
(((3)))(b) Any city or county not planning under RCW
36.70A.040 shall, not later than September 1, 2002, establish a
process for siting secure community transition facilities and adopt
or amend its development regulations as necessary to provide for
the siting of such facilities consistent with statutory
requirements applicable to these facilities.
(((4)))(3)(a) Each county planning under RCW 36.70A.040, within
twelve months of receiving notice that the county has been included
on the list of projected potential sites for a community justice
center or a work release facility, and in cooperation with the
cities or counties in which the potential site is located, shall
establish a process, or amend its existing process, for identifying
and siting essential public facilities, and adopt or amend its
development regulations as necessary to provide for the siting of
community justice centers under section 401 of this act and work
release facilities operated by or under contract with the
department of corrections. When siting a community justice center
or a work release facility, a county shall follow, in addition to
requirements of the process for siting essential public facilities
established under this section, the requirements established in
section 404 of this act.
(b) Any county not planning under RCW 36.70A.040, within twelve months of receiving notice that the county has been included on the list of projected potential sites for a community justice center or a work release facility, and in cooperation with the cities or counties in which the potential site is located, shall establish a process, or amend its existing process, for identifying and siting essential public facilities, and adopt or amend its development regulations as necessary to provide for the siting of community justice centers under section 401 of this act and work release facilities operated by or under contract with the department of corrections. When siting a community justice center or a work release facility, a county shall follow, in addition to requirements of the process for siting essential public facilities established under this section, the requirements established in section 405 of this act.
(4) The office of financial management shall maintain and by
the first of each year, provide to counties needing to site them,
a list of those essential state public facilities that are required
or likely to be built within the next six years. The office of
financial management may at any time add facilities to the list.
(5) No local comprehensive plan or development regulation may
preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages
based on the good faith actions of any county or city to provide
for the siting of secure community transition facilities in
accordance with this section and with the requirements of chapter
12, Laws of 2001 2nd sp. sess. For purposes of this subsection,
"person" includes, but is not limited to, any individual, agency as
defined in RCW 42.17.020, corporation, partnership, association,
and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection
(2) or (3) of this section shall comply with RCW 71.09.341.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action.
NEW SECTION. Sec. 404. A new section is added to chapter
36.70A RCW to read as follows:
(1) When providing for the siting of an essential public
facility that is a community justice center under section 401 of
this act or work release facility under chapter 72.65 RCW counties
and cities shall:
(a) Involve the department of corrections in the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of work release facilities by giving great weight to
the factors in section 402(1) of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of
corrections under section 402(2) of this act.
(2) As part of the permitting process for a community justice
center under section 401 of this act or a work release facility
under chapter 72.65 RCW, a county or city may not impose upon the
department of corrections any requirements beyond the following:
(a) The operational requirements established under section 402(2) of this act;
(b) The facility criteria established under section 402(5) of this act;
(c) Any regulations, permitting requirements, inspection requirements or other laws in effect at the time the county provides notice to the city required under section 402 of this act; and
(d) Any regulations, permitting requirements, inspection
requirements, or other laws, created after the effective date of
this act, that do not have the affect of precluding the siting or
operational requirements of the facility.
(3) If the department of corrections adheres to all
responsibilities in RCW 72.65.010 and section 402 of this act, any
process for conditional use permits, special use permits, or any
other development application necessary to site a community
facility or work release facility may not exceed one hundred twenty
days after submittal of a full and complete application.
Additionally, the process must include an appeal process. The
appeal process is not required to be concluded within the one
hundred twenty days after the submittal of the application.
NEW SECTION. Sec. 405. A new section is added to chapter
36.70 RCW to read as follows:
(1) When providing for the siting of a community justice
center under section 401 of this act or a work release facility
under chapter 72.65 RCW, a county and city planning under this
chapter shall:
(a) Involve the department of corrections in the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of community justice centers and work release
facilities by giving great weight to the factors in section 402(1)
of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of
corrections under section 402(2) of this act.
(2) As part of the permitting process for a community justice center under section 402 of this act or a work release facility under chapter 72.65 RCW, a county or city may not impose upon the department of corrections any requirements beyond the following:
(a) The operational requirements established under section 402(2) of this act;
(b) The facility criteria established under section 402(5) of this act;
(c) Any regulations, permitting requirements, inspection requirements or other laws in effect at the time the county provides notice to the city required under section 402 of this act; and
(d) Any regulations, permitting requirements, inspection
requirements, or other laws, created after the effective date of
the act, that do not have the affect of precluding the siting or
operational requirements of the facility.
NEW SECTION. Sec. 406. A new section is added to chapter
36.70A RCW to read as follows:
(1) If the department determines that twelve months have
passed since the city or county received notice that the county had
been included on the list of projected potential sites for a
community justice center or work release facility, and the county
and cities within have failed to establish a process for siting a
community justice center or work release facility, notwithstanding
RCW 36.70A.103 or any other law, this section preempts and
supersedes the following as necessary to enable the department of
corrections to site, construct, renovate, occupy, and operate a
community justice center or work release facility within the
county:
(a) local plans, development regulations, permitting requirements, and inspection requirements in effect at the time the county provided notice to the city as required under section 402 of this act; and
(b) all other laws created after the county provided notice
to the cities as required under section 402 of this act that have
the effect of precluding the siting or operation of the facility.
(2)(a) A county or city must identify the geographic area for
siting of the community facility under chapter 72.05 RCW or the
work release facility under chapter 72.65 RCW within one hundred
twenty days following the establishment of the process for siting
the community or work release facility.
(b)If the process for siting the community or work release facility has been developed prior to the time the county or city receives notice under section 402 of this act, the county or city must identify the geographic area for the siting of the community justice center or work release facility within one hundred twenty days of receiving notice from the department of corrections that is required under section 402 of this act.
(c) If the department determines that a county failed to identify the geographic area for siting of a community justice center or work release facility as required in subsections (a) and (b) of this subsection, notwithstanding RCW 36.70A.103 or any other law, this subsection (c) preempts and supersedes the following as necessary to enable the department of corrections to site, construct, renovate, occupy, and operate a community justice center or work release facility within the county:
(i) Local plans, development regulations, permitting requirements, and inspection requirements in effect at the time the county provided notice to the city as required under section 402 of this act; and
(ii) All other laws created after the county provided notice
to the cities as required under section 402 of this act that have
the effect of precluding the siting or operation of the facility.
(3) The department of corrections' determinations under
subsections (1) and (2) of this section are final and are not
subject to appeal under chapter 34.05 RCW or this chapter.
(4) Nothing in this section prohibits the department of
corrections from:
(a) Siting a community justice center or work release facility
in a city or county that has complied with the requirements of RCW
36.70A.200 with respect to these facilities, including a city that
is located within a county that has been preempted. If the
department sites a community justice center or work release
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 community justice
center or work release facility.
Sec. 407. RCW 34.05.030 and 2006 c 300 s 4 are each amended to read as follows:
(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, ((or))
(c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies
(d) The department of corrections determinations under section 406 of this act.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of the Washington personnel resources board or the director of personnel;
(e) To adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261; or
(f) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.
NEW SECTION. Sec. 408. 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."
Renumber the sections consecutively and correct the internal references accordingly
EFFECT: Requires DOC to give notice of the potential sites for community justice centers and work release facilities and to equitably distribute the location of such facilities.
Requires the counties to establish a process to site the facility and identify the geographic area for the facility. If the counties fail to establish the siting process, or fail to identify the geographic area for siting the facility, the state may preempt the counties and site the facility.