H-3906

AN ACT Relating to community corrections offices; amending RCW 72.09.340 and 36.70A.200; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; and adding a new section to chapter 36.70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 72.09.340 and 1990 c 3 s 708 are each amended to read as follows:

(1) In making all discretionary decisions regarding supervision of sexually violent offenders, the department of corrections shall set priorities and make decisions based on an assessment of public safety risks rather than the legal category of the sentences.

(2)(a) The department shall not establish new community corrections offices unless, one hundred twenty days before the proposed opening of the office, formal notification in writing is provided to the county, city, or town within the planning jurisdiction of which the office is proposed to be located. The written notification to the local government shall identify the exact proposed location of the office, the number of offenders expected to receive services at that location, and the names and location of residences of sex offenders and violent offenders who are expected to use the office.

(b) The department is required to hold at least one public hearing within thirty days after the notice of siting has been sent to the local government.

(c) The local government shall formally respond to the written notice within thirty days after the notice of siting has been sent to it. In its formal response, the local government shall provide the department with its decision to allow or deny the proposed community corrections office site. If the local government denies the proposed site, it shall also provide the department with supporting information regarding the community's concerns with the site. The department and the local government shall work together to identify three other optional sites within the boundaries of the local government that are comparable to the original site. The department shall select a site based on the original option and the three options identified. A community corrections office shall be located within the boundaries of the local government where the siting was originally proposed by the department within one hundred twenty days after the original siting notice was received by the local government.

(d) If the local government does not respond within thirty days after the public hearing concerning the proposed site, the community corrections office shall be opened as scheduled by the department.

Sec. 2. RCW 36.70A.200 and 1991 sp.s. c 32 s 1 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter 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, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes.

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list. No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

(3) Planning actions taken by a county or city under this chapter are subject to RCW 74.09.340.

NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW to read as follows:

Planning and zoning actions taken by a county, city, or town under this chapter are subject to RCW 74.09.340.

NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW to read as follows:

Planning and zoning actions taken by a city under this chapter are subject to RCW 74.09.340.

NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW to read as follows:

Planning and zoning actions taken by a county under this chapter are subject to RCW 74.09.340.