CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1626
Chapter 141, Laws of 2017
65th Legislature
2017 Regular Session
COMMUNITY CUSTODY HOUSING PROVIDERS--COMMUNITY IMPACT STATEMENTS--TIMELINE
EFFECTIVE DATE: 7/23/2017
SUBSTITUTE HOUSE BILL 1626
Passed Legislature - 2017 Regular Session
State of Washington
65th Legislature
2017 Regular Session
By House Public Safety (originally sponsored by Representatives Blake and J. Walsh)
READ FIRST TIME 02/17/17.
AN ACT Relating to changing the date in which community impact statements are provided to the department of corrections; and amending RCW 72.09.285.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 72.09.285 and 2013 c 266 s 2 are each amended to read as follows:
(1) A housing provider may be placed on a list with the department to receive rental vouchers under RCW 9.94A.729 in accordance with the provisions of this section.
(2) For living environments with between four and eight beds, or a greater number of individuals if permitted by local code, the department shall provide transition support that verifies an offender is participating in programming or services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, development of positive living skills, or employment programming. In addition, when selecting housing providers, the department shall consider the compatibility of the proposed offender housing with the surrounding neighborhood and underlying zoning. The department shall adopt procedures to limit the concentration of housing providers who provide housing to sex offenders in a single neighborhood or area.
(3)(a) The department shall provide the local law and justice council, county sheriff, or, if such housing is located within a city, a city's chief law enforcement officer with notice anytime a housing provider or new housing location requests to be or is added to the list within that county.
(b) The county or city local government may provide the department with a community impact statement, which includes the number and location of other special needs housing in the neighborhood and a review of services and supports in the area to assist offenders in their transition. If a community impact statement is provided to the department within ((ten)) twenty-five business days of the notice of a new housing provider or housing location request, the department shall consider the community impact statement in determining whether to add the provider to the list and, if the provider is added, shall include the community impact statement in the notice that a provider is added to the list within that county.
(4) If a certificate of inspection, as provided in RCW 59.18.125, is required by local regulation and the local government does not have a current certificate of inspection on file, the local government shall have ten business days from the later of (a) receipt of notice from the department as provided in subsection (3) of this section; or (b) ((from)) the date the local government is given access to the dwelling unit to conduct an inspection or reinspection to issue a certificate. This section is deemed satisfied if a local government does not issue a timely certificate of inspection.
(5)(a) If, within ten business days of receipt of a notice from the department of a new location or new housing provider, the county or city determines that the housing is in a neighborhood with an existing concentration of special needs housing, including but not limited to offender reentry housing, retirement homes, assisted living, emergency or transitional housing, or adult family homes, the county or city may request that the department program administrator remove the new location or new housing provider from the list.
(b) This subsection does not apply to housing providers approved by the department to receive rental vouchers on July 28, 2013.
(6) The county or city may at any time request a housing provider be removed from the list if it provides information to the department that:
(a) It has determined that the housing does not comply with state and local fire and building codes or applicable zoning and development regulations in effect at the time the housing provider first began receiving housing vouchers; or
(b) The housing provider is not complying with the provisions of this section.
(7) After receiving a request to remove a housing provider from the county or city, the department shall immediately notify the provider of the concerns and request that the provider demonstrate that it is in compliance with the provisions of this section. If, after ten days' written notice, the housing provider cannot demonstrate to the department that it is in compliance with the reasons for the county's or city's request for removal, the department shall remove the housing provider from the list.
(8) A housing provider who provides housing pursuant to this section is not liable for civil damages arising from the criminal conduct of an offender to any greater extent than a regular tenant, and no special duties are created under this section.
Passed by the House February 27, 2017.
Passed by the Senate April 7, 2017.
Approved by the Governor April 27, 2017.
Filed in Office of Secretary of State April 27, 2017.
--- END ---