6308 AMH HURS SILV 062
SB 6308 - H AMD 1572
By Representative Hurst
NOT CONSIDERED 3/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there have been ongoing, egregious examples of certain residents of the special commitment center having illegal child pornography, other prohibited pornography, and other banned materials on their computers. The legislature also finds that activities at the special commitment center must be designed and implemented to meet the treatment goals of the special commitment center, and proper and appropriate computer usage is one such activity. The legislature also finds that by linking computer usage to treatment plans, residents are less likely to have prohibited materials on their computers and are more likely to successfully complete their treatment plans. Therefore, the legislature finds that residents’ computer usage in compliance with conditions placed on computer usage is essential to achieving their therapeutic goals. If residents’ usage of computers is not in compliance or is not related to meeting their treatment goals, computer usage will be limited in order to prevent or reduce residents’ access to prohibited materials.
Sec. 2. RCW 71.09.080 and 2009 c 409 s 7 are each amended to read as follows:
(1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter, or as otherwise authorized by law.
(2)(a) Any person committed or detained pursuant to this chapter shall be prohibited from possessing or accessing a personal computer if the resident's individualized treatment plan states that access to a computer is harmful to bringing about a positive response to a specific and certain phase or course of treatment.
(b) A person who is prohibited from possessing or accessing a personal computer under (a) of this subsection (2) shall be permitted to access a limited functioning personal computer capable of word processing and limited data storage on the computer only that does not have: (i) Internet access capability; (ii) an optical drive, external drive, universal serial bus port, or similar drive capability; or (iii) the capability to display photographs, images, videos, or motion pictures, or similar display capability from any drive or port capability listed under (ii) of this subsection (2)(b).
(c) This subsection (2) is not intended to create any right to the possession or use of a computer not previously recognized by Washington state or federal case law.
(3) Any person committed pursuant to this chapter has the right to adequate care and individualized treatment. The department of social and health services shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations made pursuant to this chapter. All such records and reports shall be made available upon request only to: The committed person, his or her attorney, the prosecuting attorney, the court, the protection and advocacy agency, or another expert or professional person who, upon proper showing, demonstrates a need for access to such records.
(((3)))(4) At the time a person is taken
into custody or transferred into a facility pursuant to a petition under this
chapter, the professional person in charge of such facility or his or her
designee shall take reasonable precautions to inventory and safeguard the
personal property of the persons detained or transferred. A copy of the
inventory, signed by the staff member making it, shall be given to the person
detained and shall, in addition, be open to inspection to any responsible
relative, subject to limitations, if any, specifically imposed by the detained
person. For purposes of this subsection, "responsible relative"
includes the guardian, conservator, attorney, spouse, parent, adult child, or
adult brother or sister of the person. The facility shall not disclose the
contents of the inventory to any other person without consent of the patient or
order of the court.
(((4)))(5) Nothing in this chapter
prohibits a person presently committed from exercising a right presently
available to him or her for the purpose of obtaining release from confinement,
including the right to petition for a writ of habeas corpus.
(((5)))(6) No indigent person may be
conditionally released or unconditionally discharged under this chapter without
suitable clothing, and the secretary shall furnish the person with such sum of
money as is required by RCW 72.02.100 for persons without ample funds who are
released from correctional institutions. As funds are available, the secretary
may provide payment to the indigent persons conditionally released pursuant to
this chapter consistent with the optional provisions of RCW 72.02.100 and
72.02.110, and may adopt rules to do so.
(((6)))(7) If a civil commitment petition
is dismissed, or a trier of fact determines that a person does not meet civil
commitment criteria, the person shall be released within twenty-four hours of
service of the release order on the superintendent of the special commitment
center, or later by agreement of the person who is the subject of the petition.
NEW SECTION. Sec. 3. 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."
Correct the title.
EFFECT: Provides legislative findings regarding the discovery of pornography and other banned materials on the computers of residents of the Special Commitment Center. States the intent of the Legislature to limit residents' access to computers unless the computer access is related to therapeutic goals.
Prohibits a committed sexually violent predator from accessing or possessing a personal computer if the person's treatment plan states that computer access is harmful to bringing about a positive response to a phase or course of treatment.
Permits a sexually violent predator who is prohibited from accessing or possessing a personal computer to access a limited functioning personal computer that is only capable of word processing and that has limited data storage. Provides that the limited functioning personal computer must not have an optical drive, external drive, or USB port and must not have the capability to access the Internet or display photographs, images, videos, or motion pictures from the prohibited drives or ports.
Specifies that the act does not create a right to the use or possession of a computer that is not previously recognized in state or federal case law.
Adds a severability clause.
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