H-1449.1  _______________________________________________

                          HOUSE BILL 2110

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Marine, Mielke, Campbell, Bush and Ahern

Read first time 02/14/2001.  Referred to Committee on Criminal Justice & Corrections.

Prohibiting housing sexually violent predators in facilities not authorized by the legislature.

    AN ACT Relating to prohibiting the housing of sexually violent predators in facilities other than those approved by the legislature or that meet criteria established by the legislature; amending RCW 71.09.092; and declaring an emergency.

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; (4) the housing has been approved by the legislature or meets criteria established by the legislature for the housing of sexually violent predators determined to be eligible for release to a less restrictive alternative; (5) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (((5))) (6) the person is willing to comply with supervision requirements imposed by the department of corrections.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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