SENATE BILL REPORT

                  SHB 1178

                     As of March 15, 1999

Title:  An act relating to sex offender examinations and treatment.

Brief Description:  Prescribing requirements for sex offender examinations and treatment.

Sponsors:  House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Koster, Lovick and Ballasiotes; by request of Department of Corrections).

Brief History:

Committee Activity:  Human Services & Corrections:  3/23/99.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Staff:  Fara Daun (786-7459)

Background:  The Department of Corrections (DOC) has the authority to order sex offenders to receive sex offender examination and treatment as a condition of community placement or community custody.  Current law does not place requirements on the certification of treatment providers.

Summary of Bill:  When DOC orders a sex offender to participate in examinations and treatment as a condition of community placement or community custody, the examinations and treatment must be conducted by a provider certified by the Department of Health (DOH).

There are three exceptions to the certification requirement.  Provider certification is not required if the offender has already moved to another state for reasons unrelated to provider certification, if there is no certified treatment provider within a reasonable geographic distance of the offender's home, or if the evaluation and treatment plan comply with DOH rules.  DOC must determine what constitutes a reasonable geographic distance for an offender to travel to receive treatment.  An uncertified provider must consult with a certified provider on the evaluation and treatment of a sex offender.

A sex offender sentenced to participate in treatment during community supervision is not exempt from this placement condition if there is no provider within a reasonable geographic distance of the offender's home.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.