NOTICE: Formatting and page numbering in this document may be different

from that in the original published version.

FIFTY SEVENTH LEGISLATURE - REGULAR SESSION

___________________________________________________________________________________________

FORTY FOURTH DAY

___________________________________________________________________________________________

House Chamber, Olympia, Tuesday, February 26, 2002

The House was called to order at 9:55 a.m. by the Speaker (Representative Ogden presiding).

Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.

MESSAGE FROM THE SENATE

February 25, 2002

Mr. Speaker:

The President has signed:

SENATE BILL NO. 6036,

and the same is herewith transmitted.

Tony M. Cook, Secretary

RESOLUTIONS

HOUSE RESOLUTION NO. 2002-4709, By Representative Quall

WHEREAS, National research has demonstrated that students learn more effectively when environmental knowledge and skills are integrated into K-12 education than with traditional classroom-based teaching; and

WHEREAS, Standardized measures for reading, writing, math, science, and social studies prove that when teaching occurs at natural sites, students learn more effectively than in traditional classroom settings; and

WHEREAS, The use of the environment as an integrating concept to teach reading, writing, science, and math results in the development of higher-level critical thinking skills, and increased engagement and enthusiasm in learning by students; and

WHEREAS, The Governor's Council on Environmental Education has fostered improved school teaching and learning about agriculture, forestry, fish and wildlife, drinking water, litter control, waste reduction, air quality, and energy conservation, and their importance to communities; and

WHEREAS, Environmental education has increased student, school, community, and business partnerships, and fostered young citizens' participation in civic activities in dozens of Washington communities;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington recognize the value of the governor's council on environmental education which develops citizens who can compete in our global economy, improve our quality of life, and protect human health.

House Resolution No. 4709 was adopted.

HOUSE RESOLUTION NO. 2002-4712, By Representatives Kenney, Fromhold, Cox, Lysen, McIntire, Lisk, Lantz, Veloria, Skinner, Hankins, Ballasiotes, Talcott, Eickmeyer, Sullivan, Jarrett, Tokuda, Berkey, Lovick, Chase, Hunt, McDermott, Upthegrove, Conway, Edwards, Cody, Dickerson, Reardon, Linville, Cooper, Grant, Quall, Doumit, Kirby, Ogden, Kessler, Chopp, Ruderman, Santos, Hatfield, Morris, Delvin, Wood, Dunn and Murray

WHEREAS, The students selected for special recognition as Washington Scholars in 2002 have distinguished themselves as exceptional students, student leaders, and as talented and enthusiastic participants in many diverse activities including art, debate, drama, honor societies, interscholastic sports, Junior Achievement, knowledge competitions, music, and student government; and

WHEREAS, These exemplary students have also contributed to the welfare of those less fortunate in their neighborhoods through volunteer efforts with community service organizations such as the United Way, Special Olympics, March of Dimes, Big Brothers, Big Sisters, community food drives, senior centers, scouting, and church groups; and

WHEREAS, The state of Washington benefits greatly from the accomplishments of these caring and gifted individuals, not only in their roles as students, but also as citizens, role models for other young people, and future leaders of our communities and our state; and

WHEREAS, Through the Washington Scholars Program, the Governor, the Legislature, and the state's citizens have an opportunity to recognize and honor three outstanding seniors from each of the state's forty-nine legislative districts for the students' exceptional academic achievements, leadership abilities, and contributions to their communities;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives honor and congratulate the Washington Scholars for their hard work, dedication, contributions, and maturity in achieving this significant accomplishment; and

BE IT FURTHER RESOLVED, That the families of these students be commended for the encouragement and support they have provided to the scholars; and

BE IT FURTHER RESOLVED, That the principals, teachers, and classmates of these highly esteemed students be recognized for the important part they played in helping the scholars to learn, contribute, lead, and excel; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to each of the Washington Scholars selected in 2002.

House Resolution No. 4712 was adopted.

HOUSE RESOLUTION NO. 2002-4714, By Representatives Roach, Ahern, Esser, Ericksen, Barlean, Holmquist, Casada, Clements, Jarrett, Armstrong, Talcott, Mitchell, Carrell, Schmidt, Skinner, Cox, Nixon, Pflug, Anderson, Morell, Orcutt, Pearson and Schindler

WHEREAS, The Washington State House of Representatives recognizes the devastating effects caused by methamphetamine; and

WHEREAS, Incidents of methamphetamine lab seizures have continued to increase during the year 2001 and are projected to increase during 2002; and

WHEREAS, Methamphetamine manufacture and abuse poses a constant threat to both urban and rural communities in the form of environmental damage, increased crime, and the breakdown of family relationships; and

WHEREAS, The Legislature has begun to adequately address this issue in terms of increasing penalties for methamphetamine manufacturers; and

WHEREAS, Current methods of addressing Washington's methamphetamine problem include law enforcement, clinical treatment, and drug courts; and

WHEREAS, Cooperation between all participating organizations will more efficiently address the methamphetamine problem; and

WHEREAS, It is less costly and more effective to prevent methamphetamine use and abuse before it begins; and

WHEREAS, Prevention efforts should involve adolescents;

NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize the formation of the 31st District Student Methamphetamine Advisory Board; and

BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the members of the 31st District Student Methamphetamine Advisory Board, the Washington State Methamphetamine Initiative, 31st District high school principals, the King County Methamphetamine Action Team, and the King and Pierce County Sheriff's Offices.

House Resolution No. 4714 was adopted.

HOUSE RESOLUTION NO. 2002-4715, By Representatives Kessler and Mastin

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, Abraham Lincoln, the 16th President of the United States of America, exhibited the highest level of excellence in service and sacrifice to his country; and

WHEREAS, Abraham Lincoln demonstrated unimpeachable moral character in all matters, large or small, public or personal, thereby earning himself the nickname "Honest Abe"; and

WHEREAS, Abraham Lincoln was a gentleman from humble beginnings, having been raised in a log cabin, who cleared land and split rails as a young man, and although he later attained great stature in public life, he never lost touch, empathy, or the values he shared with the common person; and

WHEREAS, Abraham Lincoln exemplified the greatest tenacity, perseverance, and acumen in scholastic and professional endeavors, illustrated by the fact that he educated himself in the profession of law and following an apprenticeship earned a well-deserved reputation as a skilled, talented, and respected member of the bar; and

WHEREAS, Abraham Lincoln continues to be known and admired for his eloquent and accomplished oratory of viewpoints, which were always rooted in the truest principles of liberty and justice, and which are perhaps best illustrated in his debate opposing slavery with Judge Stephen A. Douglas and by the delivery of what has become known as the Gettysburg Address, which honored the magnitude of the cost of liberty; and

WHEREAS, Abraham Lincoln believed the republican form of government established by the Founding Fathers was the best means of ensuring freedom from despotic government, and he became the father of the Republican Party dedicated to maintaining the truest principles of constitutional representation under the rule of law; and

WHEREAS, Abraham Lincoln unselfishly gave of himself throughout his long and distinguished commitment to public service to his fellow citizens, which included judicial service in the Eighth Circuit, as a member of the Illinois State Legislature, as a member of the United States Congress, and as the President of the United States of America; and

WHEREAS, Abraham Lincoln courageously issued the famous Emancipation Proclamation Act of 1862, adopted by Congress later that same year, which valued the citizenship and respected the freedom of all persons regardless of race or color; and

WHEREAS, Abraham Lincoln, while President of the United States, did valiantly and nobly issue yearly Proclamations of National Prayer Day, duly adopted by Congress, that recognized that the pursuits of Nations and Governments, as well as those of men, are dependent upon the solemn guidance and reverent will of God; and

WHEREAS, Abraham Lincoln, within one month of being inaugurated as President, faced the mighty challenge of a Civil War ... which tore at the fabric of the union, pitting brother against brother, family against family ... with a love of liberty and a firm assurance in the divine providence as his guide and support for the nation; and

WHEREAS, Abraham Lincoln steadfastly directed the campaign to victory in the Civil War, held malice toward none and a charity of spirit toward all, believed with conviction and firmness in the right and just, helped bind this great nation together and heal its wounds, and gave to us a just and lasting peace; and

WHEREAS, Abraham Lincoln suffered an untimely death, just five days after bringing the Civil War to an end in April 1865, at the hands of an assassin, tragically ending the life of a man who gave of himself to his country unselfishly, charitably, graciously, and patriotically for all causes that were just, noble, and honorable and that sought liberty and freedom for all; and

WHEREAS, Abraham Lincoln's own words are inscribed into the walls of the Lincoln Memorial in Washington, D.C.: "That this nation, under God, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth.";

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor the 16th President of these United States for his faith, character, ideals, and contributions, which continue to poignantly and presently inspire the best within the hearts of men and women everywhere, and which will continue to do so for generations to come.

House Resolution No. 4715 was adopted.

HOUSE RESOLUTION NO. 2002-4716, by Representatives Kessler and DeBolt

WHEREAS, It is the policy of the Washington State Legislature to recognize excellence in all fields of endeavor; and

WHEREAS, George Washington, the first President of the United States of America, demonstrated the epitome of excellence in serving the country he loved so well; and

WHEREAS, George Washington was a son of one of the original American colonies, being raised in Westmoreland County, Virginia; and

WHEREAS, George Washington's extraordinary success in life was built upon the foundation of values imparted to him in his youth by his mother, Mary Ball Washington, who educated and tutored him at home until he successfully moved on to the venerable institution of William and Mary College, Williamsburg, Virginia, of which he later became its first Chancellor; and

WHEREAS, George Washington earned and properly merits the highest honor, respect, devotion, and homage from his countrymen for his unwavering commitment, virtuous sacrifice, and wise, principled leadership in the proud and noble struggle for liberty for the American colonies; and

WHEREAS, George Washington's reverent and faithful guidance as Commander-in-Chief of the Continental Army during the Revolutionary War gave confidence and spirit to the soldiers and countrymen who suffered uncommon hardships, and demonstrated that the dispensations and blessings of providence are always a constant companion of the honorable and noble patriot laboring for justice, freedom, and truth; and

WHEREAS, George Washington bravely met and overcame arduous challenges and perils in heroic struggle of the American patriots, perhaps best symbolized by the cruel and unrelenting hardships the Continental Army experienced under his command during the winter of 1777 at Valley Forge, where overwhelming British forces and inconceivable weather and supply conditions were conquered with patience, bearing, fortitude, and an unwavering faith in God Almighty; and

WHEREAS, George Washington, victorious in the Revolutionary War, tempered by piety, and inspired by the giving of thanks for the favors and blessings of providence, ushered in the independent and sovereign young republic; and

WHEREAS, George Washington, following victory for the American States, continued his distinguished service to his countrymen and was unanimously chosen to preside at the Constitutional Convention in Philadelphia, Pennsylvania in 1787, wherein the esteemed charter of the greatest nation ever on this earth was eminently commissioned as the Constitution of the United States of America and later ratified by the people of the several states to form a union which would work to establish justice, ensure domestic tranquility, provide for the common defense, and secure the blessings of liberty for posterity; and

WHEREAS, George Washington, on April 30, 1789, placed his palm upon an open Bible and solemnly, humbly, and resolutely took the oath of office as the first President of the United States of America amid the thunderous ovation of the people, the pealing of church bells, and roaring artillery salutes and forthwith led the young republic to a prominent place among the nations of this earth; and

WHEREAS, This great state of Washington, established in 1889, bears and honors the name of George Washington and the vignette of his likeness prominently and nobly displayed on the state seal;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives of the state of Washington honor George Washington, the first President of these United States, and Father of this great nation, for his innumerable and indomitable accomplishments and contributions for the eternal cause of liberty and justice for all.

House Resolution No. 4716 was adopted.

HOUSE RESOLUTION NO. 2002-4717, By Representatives Upthegrove, Schual-Berke, Dickerson, Simpson and Kagi

WHEREAS, It is the policy of the Washington State Legislature to recognize and honor the contributions of individuals and organizations that reflect standards of excellence that enhance the well-being and quality of life of the citizens of the state of Washington; and

WHEREAS, Barbara Drennen and Barbara Richards, who were both longtime foster parents, were asked to develop a program for Washington state's most vulnerable infants, and in doing so acted to open the Pediatric Interim Care Center in the city of Kent, Washington, on October 1, 1990; and

WHEREAS, The Pediatric Interim Care Center is the only clinic of its kind in the United States; and

WHEREAS, The Pediatric Interim Care Center provides outstanding care for over one hundred twenty drug-affected babies in Washington state each year; and

WHEREAS, The Pediatric Interim Care Center has improved and enriched the lives of countless people in Washington state; and

WHEREAS, The Pediatric Interim Care Center served one hundred thirty-six infants in 2001, and has served one thousand two hundred ten infants in its ten years of operation; and

WHEREAS, The Pediatric Interim Care Center saved the taxpayers of the state of Washington over three million five hundred thousand dollars in 2001, and over twenty-two million dollars during the last ten years;

NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor Barbara Drennen, Barbara Richards, and the Pediatric Interim Care Center for outstanding service to the citizens of Washington state; and

BE IT FURTHER RESOLVED, That the copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Pediatric Interim Care Center.

House Resolution No. 4717 was adopted.

INTRODUCTION & FIRST READING

HB 2982 by Representative Dunshee

AN ACT Relating to the repeal of the state prohibition on funding options in RCW 82.02.090 regarding law enforcement, courts, and jails; and amending RCW 82.02.090.

Referred to Committee on Local Government & Housing.

There being no objection, the bill listed on the day's introduction sheet under the fourth order of business were referred to the committees so designated.

REPORTS OF STANDING COMMITTEES

February 22, 2002

SSB 5028 Prime Sponsor, Senate Committee On Judiciary: Establishing the legal presumption of reasonable value from the certification of health care records. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass as amended.

On page 1, after the enacting clause, strike everything and insert the following:

"Sec. 1. RCW 70.02.070 and 1995 c 292 s 20 are each amended to read as follows:

(1) Upon the request of the person requesting the record, the health care provider or facility shall certify the record furnished and may charge for such certification in accordance with RCW 36.18.016(5). No record need be certified until the fee is paid. The certification shall be affixed to the record and disclose:

(((1))) (a) The identity of the patient;

(((2))) (b) The kind of health care information involved;

(((3))) (c) The identity of the person to whom the information is being furnished;

(((4))) (d) The identity of the health care provider or facility furnishing the information;

(((5))) (e) The number of pages of the health care information;

(((6))) (f) The date on which the health care information is furnished; and

(((7))) (g) That the certification is to fulfill and meet the requirements of this section.

(2) In a court of law, in an action to recover damages for personal injury, the amount stated in a health care provider’s billing statement certified under this section for treatment provided to a patient is presumed to be the usual and customary value of health care treatment, and the statement is admissible in evidence to establish that the charges are usual and customary charges in the community. The presumption that the charges are usual and customary may be rebutted by a preponderance of the evidence. The presumption does not shift the burden of proof that the health care treatment was for health conditions proximately caused by another's fault."

Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; Boldt and Esser.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell, Boldt and Esser.

Passed to Committee on Rules for second reading.

February 22, 2002

SB 5426 Prime Sponsor, Senator Patterson: Authorizing a filing fee surcharge for funding county law libraries. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; Boldt; Esser and Jarrett.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Lovick and Lysen.

Voting Nay: Representatives Carrell, Boldt, Esser and Jarrett.

Passed to Committee on Rules for second reading.

February 22, 2002

SSB 5791 Prime Sponsor, Senate Committee on Judiciary: Paying for certain actions and proceedings for damages brought against law enforcement officers. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; and Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Rules for second reading.

February 22, 2002

SB 5886 Prime Sponsor, Senator Long: Authorizing agreements to change the number of experts or professional persons who must make competency evaluations for the state under chapter 10.77 RCW. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Dickerson; Esser; Jarrett; Lovick and Lysen.

MINORITY recommendation: Do not pass. Signed by Representatives Carrell, Ranking Minority Member; and Boldt.

Voting Yea: Representatives Lantz, Hurst, Dickerson, Esser, Jarrett, Lovick and Lysen.

Voting Nay: Representatives Carrell and Boldt.

Passed to Committee on Rules for second reading.

February 22, 2002

SB 6242 Prime Sponsor, Senator Johnson: Modifying the definition of nonprobate asset. Reported by Committee on Judiciary

MAJORITY recommendation: Do pass. Signed by Representatives Lantz, Chairman; Hurst, Vice Chairman; Carrell, Ranking Minority Member; Boldt; Dickerson; Esser; Jarrett; Lovick and Lysen.

Voting Yea: Representatives Lantz, Hurst, Carrell, Boldt, Dickerson, Esser, Jarrett, Lovick and Lysen.

Passed to Committee on Rules for second reading.

February 22, 2002

SSB 6288 Prime Sponsor, Senate Committee on Human Services & Corrections: Making technical, clarifying, and nonsubstantive amendments to chapter 12, Laws of 2001, 2nd special session. Reported by Committee on Criminal Justice & Corrections

MAJORITY recommendation: Do pass as amended.

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 71.09.020 and 2001 2nd sp.s. c 12 s 102 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of social and health services.

(2) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092.

(3) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030.

(4) "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to the commission of criminal sexual acts in a degree constituting such person a menace to the health and safety of others.

(5) "Predatory" means acts directed towards: (a) Strangers; (b) individuals with whom a relationship has been established or promoted for the primary purpose of victimization; or (c) persons of casual acquaintance with whom no substantial personal relationship exists.

(6) "Recent overt act" means any act or threat that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm in the mind of an objective person who knows of the history and mental condition of the person engaging in the act.

(7) "Risk potential activity" or "risk potential facility" means an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center. Risk potential activities and facilities include: Public and private schools, school bus stops, licensed day care and licensed preschool facilities, public parks, publicly dedicated trails, sports fields, playgrounds, recreational and community centers, churches, synagogues, temples, mosques, and public libraries.

(8) "Secretary" means the secretary of social and health services or the secretary's designee.

(9) "Secure facility" means a residential facility for persons civilly confined under the provisions of this chapter that includes security measures sufficient to protect the community. Such facilities include total confinement facilities, secure community transition facilities, and any residence used as a court-ordered placement under RCW 71.09.096.

(10) "Secure community transition facility" means a residential facility for persons civilly committed and conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the ((facilities)) 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.

(11) "Sexually violent offense" means an act committed on, before, or after July 1, 1990, that is: (a) An act defined in Title 9A RCW as rape in the first degree, rape in the second degree by forcible compulsion, rape of a child in the first or second degree, statutory rape in the first or second degree, indecent liberties by forcible compulsion, indecent liberties against a child under age fourteen, incest against a child under age fourteen, or child molestation in the first or second degree; (b) a felony offense in effect at any time prior to July 1, 1990, that is comparable to a sexually violent offense as defined in (a) of this subsection, or any federal or out-of-state conviction for a felony offense that under the laws of this state would be a sexually violent offense as defined in this subsection; (c) an act of murder in the first or second degree, assault in the first or second degree, assault of a child in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment, which act, either at the time of sentencing for the offense or subsequently during civil commitment proceedings pursuant to this chapter, has been determined beyond a reasonable doubt to have been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the felonies designated in (a), (b), or (c) of this subsection.

(12) "Sexually violent predator" means any person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.

(13) "Total confinement facility" means a 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 ((secure)) total confinement facility by the secretary.

Sec. 2. RCW 71.09.250 and 2001 2nd sp.s. c 12 s 201 are each amended to read as follows:

(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 a maximum of fifteen transitional beds ((shall be limited to fifteen)) and up to a maximum of nine pretransitional beds established in subsection (2)(a) of this section. The residents occupying ((these)) 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 ((it)) 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 ((in halfway house status)) 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 a maximum of 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;

(b) ((In consultation with the joint select committee established in section 225, chapter 12, Laws of 2001 2nd sp. sess.,)) Develop and publish policy guidelines for the siting and operation of secure community transition facilities ((by October 1, 2001)); and

(c) Provide a status report to the appropriate committees of the legislature by December 1, 2002, on the development of facilities under the incentive program established in RCW 71.09.255. The report shall include a projection of the anticipated number of secure community transition facility beds that will become operational between May 2004 and May 2007. If it appears that an insufficient number of beds will be operational, the department's report shall recommend a progression of methods to facilitate siting in counties and cities including, if necessary, preemption of local land use planning process and other laws.

(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 ((district)) distinct political or judicial authority may be exercised.

Sec. 3. RCW 71.09.255 and 2001 2nd sp.s. c 12 s 204 are each amended to read as follows:

(1) Upon receiving the notification required by RCW 71.09.250, counties must promptly notify the cities within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county.

(2) The incentive grants 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)) policies applicable to siting and operating secure community transition facilities;

(d) The department must approve any sites selected.

(3) Any county or city that makes a commitment to initiate the process to site one or more secure community transition facilities by February 1, 2002, 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.

Sec. 4. RCW 71.09.265 and 2001 2nd sp.s. c 12 s 208 are each amended to read as follows:

(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)(a)(i) among the adjoining counties that are west of the Cascade mountains 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)(a)(i) will be equitably distributed among the counties and within jurisdictions in the county.

Sec. 5. RCW 71.09.275 and 2001 2nd sp.s. c 12 s 211 are each amended to read as follows:

(1) ((By August 1, 2001, the department must provide the appropriate committees of the legislature with a transportation plan to address the issues of coordinating the movement of residents of the secure community transition facility established pursuant to RCW 71.09.250(1) between McNeil Island and the mainland with the movement of others who must use the same docks or equipment within the funds appropriated for this purpose.

(2))) 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 ((plan)) department shall ((include at least the following components)):

(a) ((The)) Separate residents ((shall be separated)) from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators.

(b) ((The)) Not transport residents ((shall not be transported)) during times when children are normally coming to and from the mainland for school.

(((3))) (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.

(((4))) (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.

Sec. 6. RCW 71.09.290 and 2001 2nd sp.s. c 12 s 214 are each amended to read as follows:

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;

(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 71.09.285.

(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 ((rules)) policies adopted under RCW 71.09.285;

(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;

(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;

(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.

Sec. 7. RCW 71.09.300 and 2001 2nd sp.s. c 12 s 216 are each amended to read as follows:

(((1))) Secure community transition facilities shall meet the following minimum staffing requirements:

(((a))) (1) At any time the census of a facility 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.

(((b))) (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 ((a)) an equivalent or higher level of skill, experience, and training.

(((c))) (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.

(((d))) (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.

(((2) With respect to the facility established pursuant to RCW 71.09.250(1), the department shall, no later than December 1, 2001, provide a staffing plan to the appropriate committees of the legislature that will cover the growth of that facility to its full capacity.))

Sec. 8. RCW 71.09.325 and 2001 2nd sp.s. c 12 s 221 are each amended to read as follows:

(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.

Sec. 9. RCW 9.95.011 and 2001 2nd sp.s. c 12 s 320 are each amended to read as follows:

(1) When the court commits a convicted person to the department of corrections on or after July 1, 1986, for an offense committed before July 1, 1984, the court shall, at the time of sentencing or revocation of probation, fix the minimum term. The term so fixed shall not exceed the maximum sentence provided by law for the offense of which the person is convicted.

The court shall attempt to set the minimum term reasonably consistent with the purposes, standards, and sentencing ranges adopted under RCW 9.94A.850, but the court is subject to the same limitations as those placed on the board under RCW 9.92.090, 9.95.040 (1) through (4), 9.95.115, 9A.32.040, 9A.44.045, and chapter 69.50 RCW. The court's minimum term decision is subject to review to the same extent as a minimum term decision by the parole board before July 1, 1986.

Thereafter, the expiration of the minimum term set by the court minus any time credits earned under RCW 9.95.070 and 9.95.110 constitutes the parole eligibility review date, at which time the board may consider the convicted person for parole under RCW 9.95.100 and 9.95.110 and chapter 72.04A RCW. Nothing in this section affects the board's authority to reduce or increase the minimum term, once set by the court, under RCW 9.95.040, 9.95.052, 9.95.055, 9.95.070, 9.95.080, 9.95.100, 9.95.115, 9.95.125, or 9.95.047.

(2) Not less than ninety days prior to the expiration of the minimum term of a person sentenced under RCW 9.94A.712, for a sex offense committed on or after ((July)) September 1, 2001, less any time credits permitted by statute, the board shall review the person for conditional release to community custody as provided in RCW 9.95.420. If the board does not release the person, it shall set a new minimum term not to exceed an additional two years. The board shall review the person again not less than ninety days prior to the expiration of the new minimum term.

Sec. 10. RCW 9.95.017 and 2001 2nd sp.s. c 12 s 321 are each amended to read as follows:

(1) The board shall cause to be prepared criteria for duration of confinement, release on parole, and length of parole for persons committed to prison for crimes committed before July 1, 1984.

The proposed criteria should take into consideration RCW 9.95.009(2). Before submission to the governor, the board shall solicit comments and review on their proposed criteria for parole release. ((These proposed criteria shall be submitted for consideration by the 1987 legislature.))

(2) Persons committed to the department of corrections and who are under the authority of the board for crimes committed on or after ((July)) September 1, 2001, are subject to the provisions for duration of confinement, release to community custody, and length of community custody established in RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420 through 9.95.440.

Sec. 11. RCW 9.95.055 and 2001 2nd sp.s. c 12 s 325 are each amended to read as follows:

The indeterminate sentence review board is hereby granted authority, in the event of a declaration by the governor that a war emergency exists, including a general mobilization, and for the duration thereof only, to reduce downward the minimum term, as set by the board, of any inmate under the jurisdiction of the board confined in a state correctional facility, who will be accepted by and inducted into the armed services: PROVIDED, That a reduction downward shall not be made under this section for those inmates who: (1) Are confined for (a) treason, (b) murder in the first degree, or ((carnal knowledge of a female child under ten years: AND PROVIDED FURTHER, That no such inmate shall be released under this section who is)) (c) rape of a child in the first degree where the victim is under ten years of age or an equivalent offense under prior law; (2) are being considered for civil commitment as a sexually violent predator under chapter 71.09 RCW; or ((was)) (3) were sentenced under RCW 9.94A.712 for a crime committed on or after ((July)) September 1, 2001.

Sec. 12. RCW 9.95.070 and 2001 2nd sp.s. c 12 s 327 are each amended to read as follows:

(1) Every prisoner, convicted of a crime committed before July 1, 1984, who has a favorable record of conduct at ((the penitentiary or the reformatory)) a state correctional institution, and who performs in a faithful, diligent, industrious, orderly and peaceable manner the work, duties, and tasks assigned to him or her to the satisfaction of the superintendent of the ((penitentiary or reformatory)) institution, and in whose behalf the superintendent of the ((penitentiary or reformatory)) institution files a report certifying that his or her conduct and work have been meritorious and recommending allowance of time credits to him or her, shall upon, but not until, the adoption of such recommendation by the indeterminate sentence review board, be allowed time credit reductions from the term of imprisonment fixed by the board.

(2) Offenders sentenced under RCW 9.94A.712 for a crime committed on or after ((July)) September 1, 2001, are subject to the earned release provisions for sex offenders established in RCW 9.94A.728.

Sec. 13. RCW 9.95.110 and 2001 2nd sp.s. c 12 s 331 are each amended to read as follows:

(1) The board may permit an offender convicted of a crime committed before July 1, 1984, to leave the buildings and enclosures of a state correctional institution on parole, after such convicted person has served the period of confinement fixed for him or her by the board, less time credits for good behavior and diligence in work: PROVIDED, That in no case shall an inmate be credited with more than one-third of his or her sentence as fixed by the board.

The board may establish rules and regulations under which an offender may be allowed to leave the confines of a state correctional institution on parole, and may return such person to the confines of the institution from which he or she was paroled, at its discretion.

(2) The board may permit an offender convicted of a crime committed on or after ((July)) September 1, 2001, and sentenced under RCW 9.94A.712, to leave a state correctional institution on community custody according to the provisions of RCW 9.94A.712, 9.94A.713, 72.09.335, and 9.95.420 through 9.95.440. The person may be returned to the institution following a violation of his or her conditions of release to community custody pursuant to the hearing provisions of RCW 9.95.435.

Sec. 14. RCW 9.95.120 and 2001 2nd sp.s. c 12 s 333 are each amended to read as follows:

Whenever the board or a community corrections officer of this state has reason to believe a person convicted of a crime committed before July 1, 1984, has breached a condition of his or her parole or violated the law of any state where he or she may then be or the rules and regulations of the board, any community corrections officer of this state may arrest or cause the arrest and detention and suspension of parole of such convicted person pending a determination by the board whether the parole of such convicted person shall be revoked. All facts and circumstances surrounding the violation by such convicted person shall be reported to the board by the community corrections officer, with recommendations. The board, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time when state community corrections officers shall file with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the board to perform its functions under this section. On the basis of the report by the community corrections officer, or at any time upon its own discretion, the board may revise or modify the conditions of parole or order the suspension of parole by the issuance of a written order bearing its seal, which order shall be sufficient warrant for all peace officers to take into custody any convicted person who may be on parole and retain such person in their custody until arrangements can be made by the board for his or her return to a state correctional institution for convicted felons. Any such revision or modification of the conditions of parole or the order suspending parole shall be personally served upon the parolee.

Any parolee arrested and detained in physical custody by the authority of a state community corrections officer, or upon the written order of the board, shall not be released from custody on bail or personal recognizance, except upon approval of the board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.

All chiefs of police, marshals of cities and towns, sheriffs of counties, and all police, prison, and peace officers and constables shall execute any such order in the same manner as any ordinary criminal process.

Whenever a paroled prisoner is accused of a violation of his or her parole, other than the commission of, and conviction for, a felony or misdemeanor under the laws of this state or the laws of any state where he or she may then be, he or she shall be entitled to a fair and impartial hearing of such charges within thirty days from the time that he or she is served with charges of the violation of conditions of parole after his or her arrest and detention. The hearing shall be held before one or more members of the board at a place or places, within this state, reasonably near the site of the alleged violation or violations of parole.

In the event that the board suspends a parole by reason of an alleged parole violation or in the event that a parole is suspended pending the disposition of a new criminal charge, the board shall have the power to nullify the order of suspension and reinstate the individual to parole under previous conditions or any new conditions that the board may determine advisable. Before the board shall nullify an order of suspension and reinstate a parole they shall have determined that the best interests of society and the individual shall best be served by such reinstatement rather than a return to a ((penal)) correctional institution.

Sec. 15. RCW 9.95.435 and 2001 2nd sp.s. c 12 s 309 are each amended to read as follows:

(1) If an offender released by the board under RCW 9.95.420 violates any condition or requirement of community custody, the board may transfer the offender to a more restrictive confinement status to serve up to the remaining portion of the sentence, less credit for any period actually spent in community custody or in detention awaiting disposition of an alleged violation and subject to the limitations of subsection (2) of this section.

(2) Following the hearing specified in subsection (3) of this section, the board may impose sanctions such as work release, home detention with electronic monitoring, work crew, community service, inpatient treatment, daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, or any other sanctions available in the community, or may suspend or revoke the release to community custody whenever an offender released by the board under RCW 9.95.420 violates any condition or requirement of community custody.

(3) If an offender released by the board under RCW 9.95.420 is accused of violating any condition or requirement of community custody, he or she is entitled to a hearing before the board or its designee prior to the imposition of sanctions. The hearing shall be considered as offender disciplinary proceedings and shall not be subject to chapter 34.05 RCW. The board shall develop hearing procedures and a structure of graduated sanctions consistent with the hearing procedures and graduated sanctions developed pursuant to RCW 9.94A.737. The board may suspend the offender's release to community custody and confine the offender in a correctional institution owned, operated by, or operated under contract with the state prior to the hearing unless the offender has been arrested and confined for a new criminal offense.

(4) The hearing procedures required under subsection (3) of this section shall be developed by rule and include the following:

(a) Hearings shall be conducted by members of the board unless the board enters into an agreement with the department to use the hearing officers established under RCW 9.94A.737;

(b) The board shall provide the offender with written notice of the violation, the evidence relied upon, and the reasons the particular sanction was imposed. The notice shall include a statement of the rights specified in this subsection, and the offender's right to file a personal restraint petition under court rules after the final decision of the board;

(c) The hearing shall be held unless waived by the offender, and shall be electronically recorded. For offenders not in total confinement, the hearing shall be held within fifteen working days, but not less than twenty-four hours after notice of the violation. For offenders in total confinement, the hearing shall be held within five working days, but not less than twenty-four hours after notice of the violation;

(d) The offender shall have the right to: (i) Be present at the hearing; (ii) have the assistance of a person qualified to assist the offender in the hearing, appointed by the hearing examiner if the offender has a language or communications barrier; (iii) testify or remain silent; (iv) call witnesses and present documentary evidence; (v) question witnesses who appear and testify; and (vi) be represented by counsel if revocation of the release to community custody is a possible sanction for the violation; and

(e) The sanction shall take effect if affirmed by the hearing examiner.

(5) Within seven days after the hearing examiner's decision, the offender may appeal the decision to a panel of three reviewing examiners designated by the chair of the board or by the chair's designee. The sanction shall be reversed or modified if a majority of the panel finds that the sanction was not reasonably related to any of the following: (((i))) (a) The crime of conviction; (((ii))) (b) the violation committed; (((iii))) (c) the offender's risk of reoffending; or (((iv))) (d) the safety of the community.

(((5))) (6) For purposes of this section, no finding of a violation of conditions may be based on unconfirmed or unconfirmable allegations.

Sec. 16. RCW 9.95.440 and 2001 2nd sp.s. c 12 s 310 are each amended to read as follows:

In the event the board suspends the release status of an offender released under RCW 9.95.420 by reason of an alleged violation of a condition of release, or pending disposition of a new criminal charge, the board may nullify the suspension order and reinstate release under previous conditions or any new conditions the board determines advisable pursuant to RCW 9.94A.713(5). Before the board may nullify a suspension order and reinstate release, it shall determine that the best interests of society and the offender shall be served by such reinstatement rather than return to confinement.

Sec. 17. RCW 18.155.030 and 2001 2nd sp.s. c 12 s 402 are each amended to read as follows:

(1) No person shall represent himself or herself as a certified sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.

(2) Except as provided under RCW 9.94A.820 and 71.09.350, only a certified sex offender treatment provider may perform or provide the following services:

(a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160;

(b) Treatment of convicted sex offenders who are sentenced and ordered into treatment pursuant to chapter 9.94A RCW and adjudicated juvenile sex offenders who are ordered into treatment pursuant to chapter 13.40 RCW;

(c) ((Except as provided under subsection (3) of this section,)) Treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW.

(3) A certified sex offender treatment provider or a treatment provider authorized under RCW 71.09.350 may not perform or provide treatment of sexually violent predators under subsection (2)(c) of this section if the certified sex offender 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.

Sec. 18. RCW 71.09.270 and 2001 2nd sp.s. c 12 s 210 are each amended to read as follows:

The secretary of social and health services shall coordinate with the secretary of corrections and the appropriate local or state law enforcement agency or agencies to establish a twenty-four-hour law enforcement presence on McNeil Island before any person is admitted to the secure community transition facility established under RCW 71.09.250(1)(a)(i). Law enforcement shall coordinate with the emergency response team for McNeil Island to provide planning and coordination in the event of an escape from the special commitment center or the secure community transition facility.

((In addition, or if no law enforcement agency will provide a law enforcement presence on the island, not more than ten correctional employees, as selected by the secretary of corrections, who are members of the emergency response team for the McNeil Island correctional facility, shall have the powers and duties of a general authority peace officer while acting in a law enforcement capacity. If there is no law enforcement agency to provide the law enforcement presence, those correctional employees selected as peace officers shall provide a twenty-four-hour presence and shall not have correctional duties at the correctional facility in addition to the emergency response team while acting in a law enforcement capacity.))

NEW SECTION. Sec. 19. A new section is added to chapter 72.09 RCW to read as follows:

If no law enforcement agency will provide a law enforcement presence on the island, not more than ten correctional employees, as selected by the secretary of corrections, who are members of the emergency response team for the McNeil Island correctional facility, shall have the powers and duties of a general authority peace officer while acting in a law enforcement capacity. If there is no law enforcement agency to provide the law enforcement presence, those correctional employees selected as peace officers shall provide a twenty-four-hour presence and shall not have correctional duties at the correctional facility in addition to the emergency response team while acting in a law enforcement capacity."

Correct the title.

Signed by Representatives O'Brien, Chairman; Lovick, Vice Chairman; Ballasiotes, Ranking Minority Member; Ahern; Kagi; Kirby and Morell.

Voting Yea: Representatives O'Brien, Lovick, Ballasiotes, Ahern, Kagi, Kirby and Morell.

Passed to Committee on Rules for second reading.

There being no objection, the bills listed on the day's committee reports sheet under the fifth order of business were referred to the committees so designated.

There being no objection, the House advanced to the eleventh order of business.

There being no objection, the House adjourned until 10:00 a.m., February 27, 2002, the 45^th Day of the Regular Session.

FRANK CHOPP, Speaker CYNTHIA ZEHNDER, Chief Clerk

2982

Introduction & 1st Reading. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

4709

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4712

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4714

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4715

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4716

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4717

Introduced. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Adopted. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5028-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

5426

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5791-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

5886

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6036

Messages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

6242

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

6288-S

Committee Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7