S-4406.1  _______________________________________________

                         SENATE BILL 6622

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Quigley and Haugen

Read first time 01/19/96.  Referred to Committee on Human Services & Corrections.

Revising minimum housing qualifications for less restrictive alternative placements of sexually violent predators.

    AN ACT Relating to sexually violent predators; amending RCW 71.09.092; and adding a new section to chapter 71.09 RCW.

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

    Sec. 1.  RCW 71.09.092 and 1995 c 216 s 10 are each amended to read as follows:

    Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following:  (1) The person will be treated by a treatment provider who is qualified to provide such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for such treatment and will report progress to the court on a regular basis, and will report violations immediately to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; (3) ((housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization)) the person or agency providing housing to the conditionally released person meets the qualifications established by the department of social and health services under section 2 of this act and agrees in writing to (a) accept the person; (b) provide the level of security required by the court; and (c) immediately report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing to comply with supervision requirements imposed by the department of corrections.

NEW SECTION. Sec. 2.  A new section is added to chapter 71.09 RCW to read as follows:

    The department of social and health services shall adopt rules establishing the qualifications for any person or agency seeking to provide housing to a person on conditional release pursuant to this chapter.  The rules shall address, at a minimum, public safety concerns relating to (1) the proximity of the proposed housing to vulnerable populations; (2) the appropriate level of security at the facility, including physical requirements of the building or grounds and minimum staffing levels; and (3) the minimum education, training, and experience requirements of staff.

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