[atlas:bill]

AN ACT Relating to protecting communities located in close proximity to the special commitment center and the less restrictive alternative treatment facility, and mitigating for the effects of these facilities; adding new sections 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 finds that the department of social and health services established a final siting criteria in November 2000 for less restrictive alternatives for sexually violent predators to ensure community input, safety, and confidence prior to determining where a facility should be located. Under this criteria, the department is required to establish new siting and safety criteria, and provide the public opportunity for review and comment, prior to determining a location for a less restrictive alternative facility which houses thirty or more sexually violent predators. The legislature further finds that such criteria is essential in giving the local governments and citizens of a community the opportunity to express concerns and inform the state of problems or injustices that may have been overlooked. The legislature further finds that the department of social and health services should follow their own criteria or criteria established by the legislature.

Furthermore, the legislature finds that regardless of where a less restrictive alternative treatment facility for sexually violent predators is finally established, there will be a negative impact on the surrounding communities, particularly in those communities that already have a disproportionate share of correctional facilities and state mental health hospitals. Finally, the legislature recognizes that the state should mitigate this negative impact by providing financial assistance to such counties and cities for the increased costs associated with protecting the citizens who live near these facilities.

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

Notwithstanding any other provision of law, before siting and operating a less restrictive alternative treatment facility housing thirty or more sexually violent predators on court-ordered conditional release, the department shall, as provided in the final siting criteria statement issued by the department in November 2000, develop siting and safety criteria for the facility with the assistance of the secure placement advisory committee and provide the public opportunity for review and comment.

NEW SECTION. Sec. 3. A new section is added to chapter 71.09 RCW to read as follows:

The state may not site and operate an additional less restrictive alternative facility for sexually violent predators on court-ordered conditional release from the special commitment center as provided in RCW 71.09.090 in a county where the special commitment center and the less restrictive alternative treatment facility established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223) are located.

NEW SECTION. Sec. 4. A new section is added to chapter 71.09 RCW to read as follows:

Other than an order directing conditional release to the less restrictive alternative treatment facility established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223), the court may not enter an order directing conditional release to a less restrictive alternative located in a county where the special commitment center and the less restrictive alternative treatment facility established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223) are located.

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

(1) A sexually violent predator who is a resident of a less restrictive alternative treatment facility established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223) may not be released from the facility or allowed to leave the facility, even if escorted, until the state has entered into a mitigation agreement as required under subsection (2) of this section.

(2) The state shall enter into a mitigation agreement with the county in which the less restrictive alternative treatment facility established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223) is located and with each city located within a ten-mile radius of the facility that will ensure state funding in an amount adequate to fully mitigate anticipated or realized increased costs in law enforcement resulting from the increased risks to public safety brought about by the presence of sexually violent predators in those communities due to the siting of the facility.

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

A sexually violent predator on court-ordered conditional release residing in the less restrictive alternative treatment facility for sexually violent predators established pursuant to section 2, chapter . . ., Laws of 2001 (House Bill No. 2223) is not eligible to receive any financial assistance from the state for postsecondary education.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 8. 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.