[atlas:bill]

AN ACT Relating to sex offender treatment providers; reenacting and amending RCW 18.155.020 and 18.155.030; adding a new section to chapter 18.155 RCW; adding a new section to chapter 4.24 RCW; adding a new section to chapter 71.09 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature finds that the state needs an increasing number of certified sex offender treatment providers to treat sexually violent predators and meet the state's commitment to long-term treatment, help reduce recidivism, and more adequately provide for the community. The legislature recognizes that these treatment providers offer a valuable service to the people of Washington and may experience difficulty maintaining adequate liability protection given the inherent uncertainties of providing treatment to sexually violent predators. The legislature intends to provide very limited immunity, for instances of simple negligence only, to certified sex offender treatment providers for their treatment decisions involving sexually violent predators released to a less restrictive alternative under chapter 71.09 RCW.

Sec. 2. RCW 18.155.020 and 2000 c 171 s 33 and 2000 c 28 s 38 are each reenacted and amended to read as follows:

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

(1) "Certified sex offender treatment provider" means a licensed, certified, or registered health professional who is certified to examine and treat sex offenders pursuant to RCW 9.94A.670 and 13.40.160 and sexually violent predators under chapter 71.09 RCW.

(2) "Department" means the department of health.

(3) "Secretary" means the secretary of health.

(4) "Sex offender treatment provider" means a person who counsels or treats sex offenders accused of or convicted of a sex offense as defined by RCW 9.94A.030.

Sec. 3. RCW 18.155.030 and 2000 c 171 s 34 and 2000 c 28 s 39 are each reenacted and amended to read as follows:

(1) No person shall represent himself or herself as a certified sex offender treatment provider without first applying for and receiving a certificate pursuant to this chapter.

(2) Only a certified sex offender treatment provider may perform or provide the following services:

(a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160;

(b) Treatment of convicted sex offenders who are sentenced and ordered into treatment pursuant to RCW 9.94A.670 and adjudicated juvenile sex offenders who are ordered into treatment pursuant to RCW 13.40.160;

(c) Treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 18.155 RCW to read as follows:

A certified sex offender treatment provider, acting in the course of his or her duties, providing treatment to a sexually violent predator who has been conditionally released to a less restrictive alternative pursuant to chapter 71.09 RCW is not liable for civil damages resulting from any act or omission in the rendering of treatment other than acts or omissions constituting gross negligence or willful or wanton misconduct.

NEW SECTION. Sec. 5. A new section is added to chapter 4.24 RCW to read as follows:

A certified sex offender treatment provider is immune from liability for acts or omissions not constituting gross negligence or willful or wanton misconduct when providing treatment as provided in section 4 of this act.

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

(1) Examinations and treatment of sexually violent predators who are conditionally released to a less restrictive alternative under this chapter shall be conducted only by sex offender treatment providers certified by the department of health under chapter 18.155 RCW unless the court or the department of social and health services finds that: (a) The person has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (b) the treatment provider is employed by the department; or (c)(i) no certified providers are available to provide treatment within a reasonable geographic distance of the person's home, as determined in rules adopted by the department of social and health services; and (ii) the evaluation and treatment plan comply with the rules adopted by the department of social and health services.

A treatment provider selected by a person under (c) of this subsection, who is not certified by the department of health, shall consult with a certified provider during the person's period of treatment to ensure compliance with the rules adopted by the department of health. The frequency and content of the consultation shall be based on the recommendation of the certified provider.

(2) A sexually violent predator's failure to participate in treatment required as a condition of release to a less restrictive alternative is a violation of the person's conditional release that will not be excused on the basis that no treatment provider was located within a reasonable geographic distance of the offender's home.