BILL REQ. #:  S-1968.1 

READ FIRST TIME 03/01/13.   

     AN ACT Relating to conditions under which the department of corrections provides rental vouchers to an offender; amending RCW 9.94A.729; and adding a new section to chapter 72.09 RCW.

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

Sec. 1   RCW 9.94A.729 and 2011 1st sp.s. c 40 s 4 are each amended to read as follows:
     (1)(a) The term of the sentence of an offender committed to a correctional facility operated by the department may be reduced by earned release time in accordance with procedures that shall be developed and adopted by the correctional agency having jurisdiction in which the offender is confined. The earned release time shall be for good behavior and good performance, as determined by the correctional agency having jurisdiction. The correctional agency shall not credit the offender with earned release credits in advance of the offender actually earning the credits.
     (b) Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. If an offender is transferred from a county jail to the department, the administrator of a county jail facility shall certify to the department the amount of time spent in custody at the facility and the amount of earned release time. The department may approve a jail certification from a correctional agency that calculates earned release time based on the actual amount of confinement time served by the offender before sentencing when an erroneous calculation of confinement time served by the offender before sentencing appears on the judgment and sentence.
     (2) An offender who has been convicted of a felony committed after July 23, 1995, that involves any applicable deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, shall not receive any good time credits or earned release time for that portion of his or her sentence that results from any deadly weapon enhancements.
     (3) An offender may earn early release time as follows:
     (a) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 1990, and before July 1, 2003, the aggregate earned release time may not exceed fifteen percent of the sentence.
     (b) In the case of an offender convicted of a serious violent offense, or a sex offense that is a class A felony, committed on or after July 1, 2003, the aggregate earned release time may not exceed ten percent of the sentence.
     (c) An offender is qualified to earn up to fifty percent of aggregate earned release time if he or she:
     (i) Is not classified as an offender who is at a high risk to reoffend as provided in subsection (4) of this section;
     (ii) Is not confined pursuant to a sentence for:
     (A) A sex offense;
     (B) A violent offense;
     (C) A crime against persons as defined in RCW 9.94A.411;
     (D) A felony that is domestic violence as defined in RCW 10.99.020;
     (E) A violation of RCW 9A.52.025 (residential burglary);
     (F) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.401 by manufacture or delivery or possession with intent to deliver methamphetamine; or
     (G) A violation of, or an attempt, solicitation, or conspiracy to violate, RCW 69.50.406 (delivery of a controlled substance to a minor);
     (iii) Has no prior conviction for the offenses listed in (c)(ii) of this subsection;
     (iv) Participates in programming or activities as directed by the offender's individual reentry plan as provided under RCW 72.09.270 to the extent that such programming or activities are made available by the department; and
     (v) Has not committed a new felony after July 22, 2007, while under community custody.
     (d) In no other case shall the aggregate earned release time exceed one-third of the total sentence.
     (4) The department shall perform a risk assessment of each offender who may qualify for earned early release under subsection (3)(c) of this section utilizing the risk assessment tool recommended by the Washington state institute for public policy. Subsection (3)(c) of this section does not apply to offenders convicted after July 1, 2010.
     (5)(a) A person who is eligible for earned early release as provided in this section and who will be supervised by the department pursuant to RCW 9.94A.501 or 9.94A.5011, shall be transferred to community custody in lieu of earned release time;
     (b) The department shall, as a part of its program for release to the community in lieu of earned release, require the offender to propose a release plan that includes an approved residence and living arrangement. All offenders with community custody terms eligible for release to community custody in lieu of earned release shall provide an approved residence and living arrangement prior to release to the community;
     (c) The department may deny transfer to community custody in lieu of earned release time if the department determines an offender's release plan, including proposed residence location and living arrangements, may violate the conditions of the sentence or conditions of supervision, place the offender at risk to violate the conditions of the sentence, place the offender at risk to reoffend, or present a risk to victim safety or community safety. The department's authority under this section is independent of any court-ordered condition of sentence or statutory provision regarding conditions for community custody;
     (d) If the department is unable to approve the offender's release plan, the department may do one or more of the following:
     (i) Transfer an offender to partial confinement in lieu of earned early release for a period not to exceed three months. The three months in partial confinement is in addition to that portion of the offender's term of confinement that may be served in partial confinement as provided in RCW 9.94A.728(5);
     (ii) Provide rental vouchers to the offender for a period not to exceed three months if rental assistance will result in an approved release plan. ((The))
     A voucher must be provided in conjunction with additional transition support programming or services that enable an offender to participate in services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, or employment programming;
     (e) The department shall maintain a list of housing providers that meets the requirements of section 2 of this act. A rental voucher may only be paid to a housing provider on the department's list;
     (f) For each offender who is the recipient of a rental voucher, the department shall ((include, concurrent with the data that the department otherwise obtains and records, the housing status of the offender for the duration of the offender's supervision)) gather data as recommended by the Washington state institute for public policy in order to best demonstrate whether rental vouchers are effective in reducing recidivism.
     (6) An offender serving a term of confinement imposed under RCW 9.94A.670(5)(a) is not eligible for earned release credits under this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.09 RCW to read as follows:
     (1) A housing provider may be placed on a list with the department to receive rental vouchers under RCW 9.94A.729 in accordance with the provisions of this section.
     (2) The department shall give preference to housing providers that provide a small, family oriented, living environment. For living environments with between four and eight beds, or a greater number of individuals if permitted by local code, the department shall provide transition support that verifies an offender is participating in programming or services including, but not limited to, substance abuse treatment, mental health treatment, sex offender treatment, educational programming, development of positive living skills, or employment programming. In addition, when selecting housing providers, the department shall consider the compatibility of the proposed offender housing with the surrounding neighborhood and underlying zoning. The department shall adopt procedures to limit the concentration of housing providers who provide housing to sex offenders in a single neighborhood or area.
     (3)(a) The department shall provide the local law and justice council or other designated county authority, and a city's chief law enforcement officer if such housing is located within a city, with notice any time a housing provider or new housing location is added to the list within that county.
     (b) The notice shall include a community impact statement that has been developed in collaboration with the county and city local governments. The community impact statement shall include the number and location of other special needs housing in the neighborhood and a review of services and supports in the area to assist offenders in their transition. When developing the community impact statement, the department shall utilize information gathered and provided by the local government to the extent that it is available.
     (4) If a certificate of inspection, as provided in RCW 59.18.125, is required by local regulation and the local government does not have a current certificate of inspection on file, the local government shall have ten business days from the later of (a) receipt of notice from the department as provided in subsection (3) of this section; or (b) from the date the local government is given access to the dwelling unit to conduct an inspection or reinspection to issue a certificate. This section is deemed satisfied if a local government does not issue a timely certificate of inspection.
     (5)(a) If, within ten business days of receipt of a notice from the department of a new location or new housing provider, the county or city determines that the housing is in a neighborhood with an existing concentration of special needs housing, including retirement homes, assisted living, emergency or transitional housing, or adult family homes, the county or city may request the new location or new housing provider be removed from the list.
     (b) This subsection does not apply to housing providers approved by the department to receive rental vouchers on the effective date of this section.
     (6) The county or city may at any time request a housing provider be removed from the list if it provides information to the department that:
     (a) It has determined that the housing does not comply with state and local fire and building codes or applicable zoning and development regulations in effect at the time the housing provider first began receiving housing vouchers; or
     (b) The housing provider is not complying with the provisions of this section.
     (7) After receiving a request to remove a housing provider from the county or city, the department shall immediately notify the provider of the concerns and request that the provider demonstrate that it is in compliance with the provisions of this section. If, after ten days' written notice, the housing provider cannot demonstrate to the department that it is in compliance with the reasons for the county's or city's request for removal, the department shall remove the housing provider from the list.
     (8)(a) The provisions of chapter 59.18 RCW do not apply to the removal of an offender from a dwelling unit under the provisions of this section if the housing provider has a supportive living program that includes a structured plan for monitoring tenants for compliance with the program rules and at least one or more of the following components:
     (i) A clean and sober environment, covering all tenants, employees, staff, and guests;
     (ii) Referral services for counseling to meet the offender's needs, such as chemical dependency or personal growth;
     (iii) Referral for case management services; or
     (iv) A group living environment where all tenants agree to support each other and hold each other accountable.
     (b) A housing provider who meets the provisions of (a) of this subsection may terminate a tenancy and remove a tenant as follows:
     (i) The housing provider shall give written notice to the assigned community corrections officer no less than forty-eight hours before terminating the tenancy. A housing provider may subsequently terminate the tenancy and require the offender to vacate the premises within forty-eight hours of receipt of written notice if the offender has:
     (A) Misused a controlled substance or used or consumed any illegal drug or alcoholic beverage either on or off of the premises;
     (B) Engaged in harassment or verbal abuse of neighbors, staff, or other tenants;
     (C) Absconded;
     (D) Returned to the physical custody of the department or other agency for greater than thirty days; or
     (E) Engaged in other behavior that is incompatible with the rules of the house and has been given at least three written violation notices.
     (ii) If a tenant engages in conduct that presents a clear and present danger to neighbors, staff, or other tenants, the housing provider may immediately terminate the tenancy and require the offender to vacate the premises. The housing provider shall notify the assigned community corrections officer as soon as possible of the termination. If the offender's behavior rises to the level of a violation, the community corrections officer shall proceed as required in RCW 9.94A.716 and 9.94A.737.
     (9) An offender's failure to vacate the premises after termination of the tenancy, as set forth in this section, constitutes criminal trespass under chapter 9A.52 RCW. A housing provider may enlist the cooperation of law enforcement in removing the offender from the premises without having to obtain a court order or writ of restitution. The housing provider shall provide law enforcement with a signed written statement attesting to the facts that substantiate the termination of the tenancy and subsequent criminal trespass.
     (10) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for assisting a housing provider in the removal of an offender from the premises as provided in this section.
     (11) A housing provider who provides housing pursuant to this section is not liable for civil damages arising from the criminal conduct of an offender to any greater extent than a regular tenant, and no special duties are created under this section.