[atlas:bill]

AN ACT Relating to siting of essential state community justice facilities; amending RCW 72.65.010, 72.05.020, 71.09.020, 36.70A.030, and 36.70A.200; adding a new section to chapter 72.65 RCW; adding a new section to chapter 72.05 RCW; adding new sections to chapter 71.09 RCW; and adding a new section to chapter 36.70A RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 72.65 RCW to read as follows:

(1) Not later than July 1, 2002, and every five years thereafter, the department shall provide to each county: (a) A projection for the number of essential state community justice facilities under its jurisdiction pursuant to this chapter that may be sited in that county during the succeeding five-year period; and (b) siting criteria for each of the projected facilities.

(2) In developing the projections required under subsection (1) of this section, the department shall make every effort to ensure that the facilities are allocated equitably among the counties, taking into account at least the following:

(a) The locations of existing essential state community justice facilities;

(b) The locations of other projected essential state community justice facilities; and

Sec. 2. RCW 72.65.010 and 1992 c 7 s 56 are each amended to read as follows:

As used in this chapter, the following terms shall have the following meanings:

(1) "Department" shall mean the department of corrections.

(2) "Secretary" shall mean the secretary of corrections.

(3) "State correctional institutions" shall mean and include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the treatment of convicted felons sentenced to a term of confinement.

(4) "Prisoner" shall mean a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

(5) "Superintendent" shall mean the superintendent of a state correctional institution, camp or other facility now or hereafter established under the jurisdiction of the department pursuant to law.

(6) "Essential state community justice facility" has the same meaning as provided in RCW 36.70A.030.

(7) "Siting criteria" means requirements for the location of a specific essential state community justice facility as determined by the department. Siting criteria shall include, but are not limited to, the following:

(a) Cost parameters;

(b) Building requirements, including size, floor plan, and staffing accommodations;

(d) Proximity to public transportation;

(e) Proximity to educational, vocational, and employment opportunities, as appropriate;

(f) Access to treatment providers and facilities;

(g) Ability to accommodate specific program activities;

(h) A distance requirement of not less than one thousand feet from schools, school bus stops, licensed child care homes and centers, parks, and places of worship; and

(i) A requirement that the facility maintain appropriate staffing for resident and community safety.

NEW SECTION. Sec. 3. A new section is added to chapter 72.05 RCW to read as follows:

(a) The locations of existing essential state community justice facilities;

(b) The locations of other projected essential state community justice facilities; and

Sec. 4. RCW 72.05.020 and 1998 c 269 s 2 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.

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

(3) "Essential state community justice facility" has the same meaning as provided in RCW 36.70A.030.

(4) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

((~~(4)~~)) (5) "Service provider" means the entity that operates a community facility.

(6) "Siting criteria" means requirements for the location of a specific essential state community justice facility as determined by the department. Siting criteria shall include, but are not limited to, the following:

(a) Cost parameters;

(b) Building requirements, including size, floor plan, and staffing accommodations;

(d) Proximity to public transportation and schools;

(e) Proximity to vocational, employment, and community service opportunities, as appropriate;

(f) Access to treatment services and providers;

(g) Ability to accommodate specific program activities;

(h) A distance requirement of not less than one thousand feet from schools, school bus stops, licensed child care homes and centers, parks, and places of worship; and

(i) A requirement that the facility maintain appropriate staffing for resident and community safety.

NEW SECTION. Sec. 5. A new section is added to chapter 71.09 RCW to read as follows:

(1) Not later than July 1, 2002, and every five years thereafter, the department shall provide to each county: (a) A projection for the number of essential state community justice facilities under its jurisdiction pursuant to this chapter that may be sited in that county during the succeeding five-year period; and (b) the siting criteria established in section 6 of this act.

(a) The locations of existing essential state community justice facilities;

(b) The locations of other projected essential state community justice facilities; and

NEW SECTION. Sec. 6. A new section is added to chapter 71.09 RCW to read as follows:

A less restrictive alternative housing facility shall meet the following minimum criteria:

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

(a) An average response time of five minutes or less by law enforcement, or publicly employed staff, other than residential staff of the housing unit, who are qualified and designated to perform security response functions relative to the housing unit; and

(b) An average response time by fire safety and emergency medical personnel that is no longer than the average of the local community.

(2) The property where the housing unit is located may not be within line of sight of, adjacent to, or in direct proximity with, any of the following:

(a) Schools, including public schools, full-time private schools serving any of grades K-12, and public or private institutions of higher education;

(b) School bus stops;

(d) Licensed child care homes and centers;

(e) Parks and publicly dedicated trails;

(f) Sports fields, playgrounds, and recreational and community centers;

(g) Places of worship, including churches, mosques, synagogues, and temples.

(3) The housing unit shall contain at least the following security devices:

(a) An installed household security or alarm system that alerts staff to any unauthorized movements into or outside of the housing unit, and that features a main control panel with a power supply, battery backup, and tamperproof switch;

(b) An interior siren for security and fire;

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

(4) The housing unit shall be located in an area where a contractor is available to install, monitor, and repair the security devices specified in subsection (3) of this section.

(5) The housing unit shall be located within an approximate one-hour one-way commute to a city or town with a population of twenty-five thousand or more.

(6) The housing unit shall be located in an area in which qualified treatment providers are available.

Sec. 7. RCW 71.09.020 and 1995 c 216 s 1 are each amended to read as follows:

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

(1) "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.

(2) "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.

(3) "Likely to engage in predatory acts of sexual violence" means that the person more probably than not will engage in such acts. 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) "Predatory" means acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization.

(5) "Recent overt act" means any act that has either caused harm of a sexually violent nature or creates a reasonable apprehension of such harm.

(6) "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 chapter 71.09 RCW, 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.

(7) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement.

(8) "Less restrictive alternative housing facility" means a facility owned and operated by the department of social and health services, or operated under contract with the department of social and health services, for the purpose of housing no more than three persons at one time who have been ordered conditionally released to a less restrictive alternative.

(9) "Secretary" means the secretary of social and health services or his or her designee.

(10) "Essential state community justice facility" has the same meaning as provided in RCW 36.70A.030.

Sec. 8. RCW 36.70A.030 and 1997 c 429 s 3 are each amended to read as follows:

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

(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

(3) "City" means any city or town, including a code city.

(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

(5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.

(6) "Department" means the department of community, trade, and economic development.

(7) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

(8) "Essential public facilities" means those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, essential state community justice facilities, solid waste handling facilities, and in‑patient facilities including substance abuse facilities, mental health facilities, and group homes.

(9) "Essential state community justice facilities" means essential public facilities that are: (a) Community facilities as defined in RCW 72.05.020 and owned or operated by, or under contract with, the department of social and health services pursuant to chapter 72.05 RCW; (b) less restrictive alternative housing facilities as defined in RCW 71.09.020; and (c) work‑release or other community‑based facilities owned or operated by, or under contract with, the department of corrections.

(10) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.

((~~(9)~~)) (11) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

((~~(10)~~)) (12) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

((~~(11)~~)) (13) "Minerals" include gravel, sand, and valuable metallic substances.

((~~(12)~~)) (14) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

((~~(13)~~)) (15) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

((~~(14)~~)) (16) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan:

(a) In which open space, the natural landscape, and vegetation predominate over the built environment;

(b) That foster traditional rural lifestyles, rural-based economies, and opportunities to both live and work in rural areas;

(d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat;

(e) That reduce the inappropriate conversion of undeveloped land into sprawling, low‑density development;

(f) That generally do not require the extension of urban governmental services; and

(g) That are consistent with the protection of natural surface water flows and ground water and surface water recharge and discharge areas.

((~~(15)~~)) (17) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas.

((~~(16)~~)) (18) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not associated with urban areas. Rural services do not include storm or sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).

((~~(17)~~)) (19) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources, rural uses, rural development, and natural resource lands designated pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

((~~(18)~~)) (20) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

((~~(19)~~)) (21) "Urban governmental services" or "urban services" include those public services and public facilities at an intensity historically and typically provided in cities, specifically including storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with rural areas.

((~~(20)~~)) (22) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

Sec. 9. RCW 36.70A.200 and 1998 c 171 s 3 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 as defined in RCW 47.06.140, 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~~)) five years. The office of financial management may at any time add facilities to the list.

(3) No local comprehensive plan or development regulation may preclude the siting of essential public facilities, including essential state community justice facilities.

(4) Local comprehensive plans and development regulations adopted under this chapter must comply with the requirements of section 10 of this act on or before September 1, 2003.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) On or before September 1, 2003, the legislative authority of each county shall adopt a countywide planning policy to establish the process for siting and to provide for an equitable distribution of essential state community justice facilities within the county and the cities located in whole or in part within the county. The countywide planning policy required by this section shall be adopted in cooperation with the cities located in whole or in part within the county.

(2) Pursuant to sections 1, 3, and 5 of this act, the department of corrections and the department of social and health services shall provide all counties with projections for the numbers of essential state community justice facilities to be sited within the county during the succeeding five-year period. The department of social and health services and the department of corrections shall be notified by each county of its intent to begin the countywide planning policy process required by this section and shall be invited to participate in this process.

(3) The countywide planning policy required by this section shall, at a minimum, address the following:

(a) The location of existing essential state community justice facilities;

(b) The social, economic, and other impacts of the existing essential state community justice facilities on the communities in which they are located;

(c) The incremental social, economic, and other impacts of siting additional essential state community justice facilities in communities in which essential state community justice facilities are currently located;

(d) A proposed allocation of projected essential state community justice facilities among the county and the cities located in whole or in part within the county; and

(e) Coordination of development regulations, including but not limited to zoning regulations and design standards, to ensure that the proposed allocation of projected essential state community justice facilities can be achieved.

(4) Within six months of the date the countywide planning policy required by subsection (1) of this section is adopted, the county and each city located in whole or in part within the county shall adopt development regulations implementing the countywide planning policy.

(5) No later than July 1, 2002, the department shall adopt guidelines under chapter 34.05 RCW to guide the adoption of the countywide planning policies required by this section. The department shall consult with interested parties, conduct public hearings, and consider public input when adopting these guidelines. These guidelines shall be minimum guidelines for adopting the countywide planning policies required by this section but shall allow for regional differences existing in the state. The intent of the guidelines is to assist counties and their cities to meet the requirements of this section.