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                          HOUSE BILL 2223

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State of Washington      57th Legislature     2001 Regular Session

By Representatives Ogden and Ballasiotes; by request of Governor Locke and Attorney General

Read first time .  Referred to Committee on .

Providing for siting and operation of a less restrictive alternative treatment facility on McNeil Island.

    AN ACT Relating to siting and operation of a less restrictive alternative treatment facility on McNeil Island; amending RCW 36.70A.103; adding a new section to chapter 71.09 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature, in an effort to protect the safety of Washington state residents, has authorized the civil commitment of sexually violent predators and funded a program for the treatment of such persons at the special commitment center on McNeil Island.  As a result of the treatment funded by the legislature, some of the persons judged to be sexually violent predators have progressed to the point where they have secured court orders permitting them to be housed in a setting less restrictive than the present special commitment center at McNeil Island, subject to appropriate strict supervision.

    Housing in a less restrictive setting on McNeil Island is a step in the treatment of some of the persons committed to the special commitment center, and without this step for those judged by court order to be eligible, the special commitment center may fail to fulfill its statutory and constitutional purpose.

    Therefore, the legislature intends by this act to ensure the prompt siting and timely operation of a less restrictive alternative treatment facility on McNeil Island in furtherance of the treatment and other purposes of chapter 71.09 RCW.

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

    (1) The secretary is authorized to site and operate a less restrictive alternative treatment facility for sexually violent predators on court-ordered conditional release from the special commitment center as provided under RCW 71.09.090, on McNeil Island.

    (2) Notwithstanding RCW 36.70A.103 or any other law, until December 31, 2003, to the extent siting a less restrictive alternative treatment facility on McNeil Island is inconsistent with local comprehensive plans and/or development regulations, this statute preempts and supersedes those local plans and regulations.

    (3) Nothing in this section limits the state's authority to site an essential public facility under RCW 36.70A.200 in conformance with local comprehensive plans and development regulations.

    Sec. 3.  RCW 36.70A.103 and 1991 sp.s. c 32 s 4 are each amended to read as follows:

    State agencies shall comply with the local comprehensive plans and development regulations and amendments thereto adopted pursuant to this chapter except as otherwise provided in section 2 of this act.

NEW SECTION. Sec. 4.  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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