H‑0529.3   _____________________________________________

 

HOUSE BILL 1495

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives Schoesler, Cox, Ahern, Grant, Sump, Mastin, Wood, Benson, Pearson, Crouse, Schindler, Reardon, Gombosky, Boldt, Buck, Dunn, B. Chandler, G. Chandler, Delvin, Armstrong, Carrell, Kessler, Haigh, Lisk, Mulliken, McMorris and Morell

 

Read first time 01/26/2001.  Referred to Committee on Criminal Justice & Corrections.

_1      AN ACT Relating to establishing parameters for the siting,

_2  securing, and staffing of less restrictive alternative housing for

_3  sexually violent predators; amending RCW 71.09.020; adding new

_4  sections to chapter 71.09 RCW; adding a new section to chapter

_5  18.155 RCW; creating a new section; and declaring an emergency.

     

_6  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_7      NEW SECTION.  Sec. 1.  A new section is added to chapter 71.09

_8  RCW to read as follows:

_9      (1) A less restrictive alternative ordered after January 1,

10  2001, may not be located in any community unless the legislative

11  authority of the city, town, or county with land use planning

12  authority for the site has first approved such location.

13      (2) The department shall make every effort to ensure that less

14  restrictive alternative small housing units are allocated

15  equitably among the counties, taking into account the burden

16  already placed on each county as a result of:

17      (a) The number of sex offenders registered in such county;

18      (b) The number of total offenders under community supervision

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_1  residing in such county; and

_2      (c) Other less restrictive alternative small housing units

_3  already located or planned to be located in such county.

     

_4      Sec. 2.  RCW 71.09.020 and 1995 c 216 s 1 are each amended to read

_5  as follows:

_6      Unless the context clearly requires otherwise, the definitions

_7  in this section apply throughout this chapter.

_8      (1) "Sexually violent predator" means any person who has been

_9  convicted of or charged with a crime of sexual violence and who

10  suffers from a mental abnormality or personality disorder which

11  makes the person likely to engage in predatory acts of sexual

12  violence if not confined in a secure facility.

13      (2) "Mental abnormality" means a congenital or acquired

14  condition affecting the emotional or volitional capacity which

15  predisposes the person to the commission of criminal sexual acts

16  in a degree constituting such person a menace to the health and

17  safety of others.

18      (3) "Likely to engage in predatory acts of sexual violence"

19  means that the person more probably than not will engage in such

20  acts.  Such likelihood must be evidenced by a recent overt act if

21  the person is not totally confined at the time the petition is

22  filed under RCW 71.09.030.

23      (4) "Predatory" means acts directed towards strangers or

24  individuals with whom a relationship has been established or

25  promoted for the primary purpose of victimization.

26      (5) "Recent overt act" means any act that has either caused

27  harm of a sexually violent nature or creates a reasonable

28  apprehension of such harm.

29      (6) "Sexually violent offense" means an act committed on,

30  before, or after July 1, 1990, that is:  (a) An act defined in Title

31  9A RCW as rape in the first degree, rape in the second degree by

32  forcible compulsion, rape of a child in the first or second

33  degree, statutory rape in the first or second degree, indecent

34  liberties by forcible compulsion, indecent liberties against a

35  child under age fourteen, incest against a child under age

36  fourteen, or child molestation in the first or second degree; (b)

37  a felony offense in effect at any time prior to July 1, 1990, that

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_1  is comparable to a sexually violent offense as defined in (a) of

_2  this subsection, or any federal or out-of-state conviction for a

_3  felony offense that under the laws of this state would be a

_4  sexually violent offense as defined in this subsection; (c) an act

_5  of murder in the first or second degree, assault in the first or

_6  second degree, assault of a child in the first or second degree,

_7  kidnapping in the first or second degree, burglary in the first

_8  degree, residential burglary, or unlawful imprisonment, which act,

_9  either at the time of sentencing for the offense or subsequently

10  during civil commitment proceedings pursuant to chapter 71.09 RCW,

11  has been determined beyond a reasonable doubt to have been

12  sexually motivated, as that term is defined in RCW 9.94A.030; or

13  (d) an act as described in chapter 9A.28 RCW, that is an attempt,

14  criminal solicitation, or criminal conspiracy to commit one of the

15  felonies designated in (a), (b), or (c) of this subsection.

16      (7) "Less restrictive alternative" means court-ordered

17  treatment in a setting less restrictive than total confinement.

18      (8) "Less restrictive alternative small housing unit" means a

19  facility owned and operated by the department of social and health

20  services, or operated under contract with the department of social

21  and health services, for the purpose of housing no more than three

22  persons at one time who have been ordered conditionally released

23  to a less restrictive alternative.

24      (9) "Secretary" means the secretary of social and health

25  services or his or her designee.

26      (10) "Department" means the department of social and health

27  services.

     

28      NEW SECTION.  Sec. 3.  A new section is added to chapter 71.09

29  RCW to read as follows:

30      A less restrictive alternative small housing unit shall meet

31  the following minimum requirements:

32      (1) The location of the housing unit shall enable:

33      (a) An average response time of five minutes or less by law

34  enforcement, or publicly employed staff, other than residential

35  staff of the housing unit, who are qualified and designated to

36  perform security response functions relative to the housing unit;

37  and

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_1      (b) An average response time by fire safety and emergency

_2  medical personnel that is no longer than the average of the local

_3  community.

_4      (2) The property where the housing unit is located may not be

_5  within line of sight of, adjacent to, or in direct proximity with

_6  any of the following:

_7      (a) Schools, including public schools, full-time private

_8  schools serving any of the grades K-12, and public or private

_9  institutions of higher education;

10      (b) School bus stops;

11      (c) Preschools, including Headstart and ECEAP;

12      (d) Licensed child care homes and centers;

13      (e) Parks and publicly dedicated trails;

14      (f) Sports fields, playgrounds, and recreational and community

15  centers;

16      (g) Places of worship, including churches, mosques, synagogues,

17  and temples.

18      (3) The housing unit shall contain at least the following

19  security devices:

20      (a) An installed household security or alarm system that alerts

21  staff to any unauthorized movements into or outside of the housing

22  unit, and that features a main control panel with a power supply,

23  battery backup, and tamperproof switch;

24      (b) An interior siren for security and fire;

25      (c) Cellular phone services with clear and uninterrupted

26  services; and

27      (d) Alarm-activated listening devices and camera systems.

28      (4) The housing unit shall be located in an area where a

29  contractor is available to install, monitor, and repair the

30  security devices specified in subsection (3) of this section.

31      (5) The housing unit shall be located within an approximate

32  one‑hour one-way commute to a city or town with a population of

33  twenty-five thousand or more.

34      (6) The housing unit shall be located in an area in which

35  qualified treatment providers are available.

36      (7) Residents of the housing unit shall wear electronic

37  monitoring devices at all times.

38      (8) Whenever a resident of the housing unit is present on the

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_1  premises, the housing unit shall maintain a staffing ratio of one

_2  staff person for each resident during the morning, afternoon, and

_3  evening hours when residents are typically awake, and two staff

_4  persons on duty during night hours when residents are typically

_5  asleep.

_6      (9) A resident shall be escorted by staff of the housing unit

_7  or other court-authorized persons when leaving the premises of the

_8  housing unit.  The escort shall remain in close proximity to the

_9  resident and maintain close supervision of the resident at all

10  times.

11      (10) Staff of a housing unit must meet the qualifications of

12  state job classes "residential rehabilitation counselor I, II, or

13  III" as defined by the department, if the housing unit is operated

14  directly by the department or, if the housing unit is operated

15  under contract with the department, similar qualifications as

16  required by the contract.

17      (11) Each staff person shall complete a department-approved

18  training curriculum, including new employee orientation and

19  training regarding program and treatment requirements, prior to

20  beginning work in a housing unit.

21      (12) Each staff person shall participate in ongoing inservice

22  training programs provided by the department for housing unit

23  staff.

     

24      NEW SECTION.  Sec. 4.  A new section is added to chapter 71.09

25  RCW to read as follows:

26      (1) The department may establish or relocate a less restrictive

27  alternative small housing unit only after meeting the public

28  notification and review requirements of this section.

29      (2) When the department has selected three or fewer sites for

30  final consideration for the location or relocation of a less

31  restrictive alternative small housing unit, the department shall

32  make public notification and conduct at least two public hearings

33  in each of the local communities where such a housing unit may be

34  sited.

35      (3) The public hearings required under subsection (2) of this

36  section shall be conducted not less than sixty days before a final

37  selection is made.

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_1      (4) To provide adequate notice of, and opportunity for

_2  interested persons to comment on, a proposed location, the

_3  department shall provide a minimum of fourteen days' advance

_4  notice of the public hearings to at least the following:

_5      (a) All newspapers of general circulation in the community and

_6  all radio and television stations generally available to persons

_7  in the community where the potential site is located;

_8      (b) Appropriate school districts, private schools,

_9  kindergartens, institutions of higher education, city and county

10  libraries, and all other local government offices within a one-

11  half mile radius of each proposed site;

12      (c) The local chamber of commerce, local economic development

13  agencies, and any other local organizations that request such

14  notification from the department; and

15      (d) All residents and property owners within a one-half mile

16  radius of the proposed site or sites, with such notification to be

17  in writing.

     

18      NEW SECTION.  Sec. 5.  A new section is added to chapter 71.09

19  RCW to read as follows:

20      The department may establish a less restrictive alternative

21  housing facility housing more than three residents at one time

22  only after receiving legislative approval of department-proposed

23  criteria for the siting, securing, programming, and staffing of

24  such a facility.

     

25      NEW SECTION.  Sec. 6.  A new section is added to chapter 18.155

26  RCW to read as follows:

27      The department shall revoke the sex offender treatment

28  certification of any treatment provider who intentionally,

29  knowingly, recklessly, or with gross negligence violates the

30  requirements of RCW 71.09.092 or 71.09.096 pertaining to treatment

31  providers.

     

32      NEW SECTION.  Sec. 7.  This act is necessary for the immediate

33  preservation of the public peace, health, or safety, or support of

34  the state government and its existing public institutions, and

35  takes effect immediately.

 

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_1      NEW SECTION.  Sec. 8.  This act is intended to be remedial and

_2  procedural and should be construed to apply retroactively to any

_3  less restrictive alternative at any facility not in operation as

_4  of January 1, 2001.

 

‑‑‑ END ‑‑‑

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