FINAL BILL REPORT
SHB 1390
C 254 L 26
Synopsis as Enacted
Brief Description: Repealing the community protection program.
Sponsors: House Committee on Early Learning & Human Services (originally sponsored by Representatives Goodman, Farivar, Thai, Peterson, Reed and Salahuddin; by request of Department of Social and Health Services).
House Committee on Early Learning & Human Services
Senate Committee on Human Services
Senate Committee on Ways & Means
Background:

Developmental Disability Services.
The Department of Social and Health Services (DSHS) assists individuals with developmental disabilities and their families to obtain services and support based on individual preferences, capabilities, and needs.  While some DSHS clients live in residential habilitation centers, an institutional setting, most clients live in the community.
 
Home and Community Based Services Medicaid waivers (waiver services) are designed to allow clients who live in community settings to receive optional services at the same level as they would receive in an institutional setting.  The DSHS offers services under five waivers:  Core, Basic Plus, Community Protection Program, Individual and Family Services, and Children's Intensive In-Home Behavior Supports. 

 

The waiver services provided to DSHS clients are designed to promote everyday activities, routines, and relationships, and may include services targeted at community integration, support services provided by contracted professionals, caregiving, and equipment, supplies, and other specialized services.  To be eligible for waiver services, the individual must meet certain criteria, including:

  • having a qualifying disability;
  • meeting the intermediate care facility requirements for individuals with an intellectual disability level of care;
  • meeting financial eligibility criteria;
  • choosing to receive services in the community rather than in an intermediate care facility; and
  • meeting other waiver-specific criteria.

 

Community Protection Program.

The Community Protection Program (CPP) provides services to DSHS clients age 18 and older who are eligible for waiver services and who constitute a current risk to others as determined by a qualified professional and who have:

  • been charged with or convicted of a crime of sexual violence, a crime involving sexual acts, or a violent crime; or
  • a history of violent, stalking, sexually violent, predatory or opportunistic behavior which a qualified professional has determined demonstrates a likelihood to commit a violent, sexually violent, or predatory act.

 

If an eligible person is offered and refuses CPP services, the person may only receive case management services and personal care services.  

 

Services through the CPP involve cooperation with 24-hour supervision, instruction, and support services that may include:

  • assistance locating housing;
  • assistance with community activities;
  • assistance with establishing and maintaining appropriate relationships;
  • money management; 
  • therapeutic treatment program based on assessed needs;
  • assistance with learning household skills; and
  • services and supports that attempt to reduce risk of re-offending, including interventions and restrictions designed to reduce opportunities to re-offend.

 

Individuals receiving CPP services may also be subject to the following restrictions or requirements:

  • alarms on doors and windows;
  • 24-hour supervision, which may include line of sight supervision;
  • participation in a therapy program;
  • disclosure of risk to others as deemed appropriate;
  • restrictions of activities (e.g., monitoring of television, magazines, telephone, computer, etc.);
  • an approved chaperone;
  • no drug or alcohol use;
  • no violence or threats of violence and no property destruction;
  • room searches based upon recommendations of therapist;
  • housing location restriction and restricted access to victim populations; and
  • assistance following court orders and registration if required. 
Summary:

References to the Community Protection Program (CPP) are removed from statute effective January 1, 2027.

 

The legislative intent of the bill is expressed as ending the CPP to allow clients of the Home and Community Living Administration of the Department of Social and Health Services (DSHS) to obtain less restrictive service options and is not intended to reduce the supportive services that those clients receive.

 

The DSHS must develop and implement a plan to transition all individuals participating in the CPP into other services or programs by December 31, 2026.

Votes on Final Passage:
Final Passage Votes
House5542 
House5244 
Senate2920(Senate amended)
House5144(House concurred)
Effective:

June 11, 2026

January 1, 2027 (Sections 3-5)