2168.E AMS HSC S-2533.1

2168.E AMS HSC S2533.1

EHB 2168 - S COMM AMD

By Committee on Human Services & Corrections

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 72.05.020 and 1998 c 269 s 2 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Catchment area" means the combination of a group of counties or jurisdictions used in siting community facilities when the number of qualifying offenders cannot economically support the placement of a community facility or when a single county is unable to provide the needed support.

(2) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.

((~~(2)~~)) (3) "Department" means the department of social and health services.

((~~(3)~~)) (4) "Equitable distribution" or "distribute equitably" means siting or locating community facilities in a manner that will not cause a disproportionate grouping of facilities in any single geographic region, or in any community or neighborhood within a jurisdiction.

(5) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.

((~~(4)~~)) (6) "Service provider" means the entity that operates a community facility.

NEW SECTION. Sec. 2. A new section is added to chapter 72.05 RCW to read as follows:

(1) The department shall make reasonable efforts to distribute community facilities equitably among the counties and work with the counties in the normal county planning process to achieve equitable distribution within each county, among the jurisdictions within the county, and among the communities or neighborhoods within the jurisdictions of the county, taking into account at least the following:

(a) The locations of existing residential facilities owned, operated by, or operated under contract with the department;

(b) The locations of other projected residential facilities owned, operated by, or operated under contract with the department;

(c) The number of juvenile registered sex offenders classified as level II or III or registered as homeless per thousand persons residing in the jurisdiction;

(d) The number of juvenile violent offenders under parole or probation per thousand persons residing in the jurisdiction; and

(e) The number of juvenile offenders sentenced or adjudicated per thousand persons residing in the jurisdiction.

(2) To carry out the purposes of subsection (1) of this section, the department shall, no later than January 1, 2002, develop a mapping system to identify the locations of existing and projected facilities identified in subsection (1) of this section. The department shall also maintain a list of the number of offenders identified in subsection (1) of this section and shall annually publish a report including the map and offender rates for the counties and jurisdictions of the state.

(3)(a) The department shall give great weight to the factors identified in subsection (1) of this section in projecting and proposing siting of new community facilities.

(b) In considering the projected placement or actual siting of a community facility, the department shall use the information in the most recent report published at the time that the facility is projected or that the site is listed for consideration as a work release facility.

Sec. 3. RCW 72.05.400 and 1998 c 269 s 5 are each amended to read as follows:

(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.

(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:

(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited at least forty-five days before a final selection is made.

(b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.

(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.

(d) To provide adequate notice of((,)) and opportunity for interested persons to comment on((,)) a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days' advance notice of the ((~~meeting to~~)) public hearings to at least the following:

(i) The affected counties, cities, and towns;

(ii) Local government planning agencies in the affected communities;

(iii) All newspapers of general circulation in the ((~~community,~~)) local area and all radio stations and television stations generally available to persons in the community((,)) where the potential site is located;

(iv) Any school district, private school, or kindergarten in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, institutions of higher education, any library district ((in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility)); and all other local government offices within a one-half mile radius of the proposed site or sites;

(v) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and

(vi) Written notification to all residents and property owners within a one-half mile radius of the proposed site or sites.

(3) The notice required under subsection (2) of this section must also inform the public that any interested person or entity, including a local government entity, is invited to submit written comments regarding a proposed location, including comments regarding whether the site meets the equitable distribution and other statutory requirements for the facility. Written comments must be submitted not later than thirty days following the date notice is issued pursuant to subsection (2) of this section.

(4) The department must consider the testimony received at the public hearings and any written comments submitted before making a final selection of the site for the location or relocation of a community facility. The department shall issue a written analysis of the final selection, including how the selection was consistent with the requirements of section 2 of this act.

(5) Before initiating ((~~this~~)) the process in subsection (2) of this section, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.

((~~(3)~~)) (6) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.

((~~(4)~~)) (7) This section shall apply only to community facilities sited after September 1, 1998.

NEW SECTION. Sec. 4. A new section is added to chapter 72.05 RCW to read as follows:

The department may use catchment areas in lieu of specific counties when the number of qualifying offenders cannot economically support the placement of a community facility or when a single county is unable to provide the needed support.

Sec. 5. RCW 72.65.010 and 1992 c 7 s 56 are each amended to read as follows:

As used in this chapter, the following terms shall have the following meanings:

(2) "Department" ((~~shall~~)) means the department of corrections.

((~~(2)~~)) (3) "Equitable distribution" or "distribute equitably" means siting or locating community facilities in a manner that will not cause a disproportionate grouping of facilities in any single geographic region, or in any community or neighborhood within a jurisdiction.

(4) "Prisoner" means a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

(5) "Secretary" ((~~shall~~)) means the secretary of corrections.

((~~(3)~~)) (6) "State correctional institutions" shall mean and include all state adult correctional facilities established pursuant to law under the jurisdiction of the department for the treatment of convicted felons sentenced to a term of confinement.

(((4) "Prisoner" shall mean a person either male or female, convicted of a felony and sentenced by the superior court to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department.

~~(5)~~)) (7) "Superintendent" ((~~shall~~)) means the superintendent of a state correctional institution, camp or other facility now or hereafter established under the jurisdiction of the department pursuant to law.

NEW SECTION. Sec. 6. A new section is added to chapter 72.65 RCW to read as follows:

(1) The department shall make reasonable efforts to distribute work release facilities equitably among the counties and work with the counties in the normal county planning process to achieve equitable distribution within each county, among the jurisdictions within the county, and among the communities or neighborhoods within the jurisdictions of the county, taking into account at least the following:

(a) The locations of existing residential facilities owned, operated by, or operated under contract with the department;

(b) The locations of other projected residential facilities owned, operated by, or operated under contract with the department;

(c) The number of adult registered sex offenders classified as level II or level III or registered as homeless per thousand persons residing in the jurisdiction;

(d) The number of adult violent offenders under community custody, community placement, community supervision, or parole per thousand persons residing in the jurisdiction; and

(e) The number of adult offenders sentenced per thousand persons residing in the jurisdiction.

(3)(a) The department shall give great weight to the factors identified in subsection (1) of this section in projecting and proposing siting of new work release facilities.

(b) In considering the projected placement or actual siting of a work release facility, the department shall use the information in the most recent report published at the time that the facility is projected or that the site is listed for consideration as a work release facility.

Sec. 7. RCW 72.65.220 and 1997 c 348 s 1 are each amended to read as follows:

(1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after ((~~public notifications and local public meetings have been completed consistent with~~)) meeting the requirements of this section.

(2) The department and other state agencies responsible for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities. This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives, including at least the following:

(a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification and conduct at least two public hearings in each of the local communities ((~~of the final three or fewer proposed sites~~)) where such a facility may be sited at least forty-five days before a final selection is made. An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site.

(b) ((~~Notifications required under this section shall be provided to~~)) To provide adequate notice of and opportunity for interested persons to comment on a proposed location, the department or contracting entity shall provide at least fourteen days' advance notice of the public hearings to at least the following:

(i) The affected counties, cities, and towns;

(ii) Local government planning agencies in the affected communities;

(iii) All newspapers of general circulation in the local area and all ((~~local~~)) radio stations((,)) and television stations((~~, and cable networks~~)) generally available to persons in the community where the potential site is located;

((~~(ii)~~)) (iv) Appropriate school districts, private schools, kindergartens, institutions of higher education, city and county libraries, and all other local government offices within a one-half mile radius of the proposed site or sites;

((~~(iii)~~)) (v) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and

((~~(iv) In writing~~)) (vi) Written notification to all residents ((~~and/or~~)) and property owners within a one-half mile radius of the proposed site or sites.

(4) The department must consider the testimony received at the public hearings and any written comments submitted before making a final selection of the site for the location or relocation of a work release facility. The department shall issue a written analysis of the final selection, including how the selection was consistent with the requirements of section 6 of this act.

(5) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility.

NEW SECTION. Sec. 8. A new section is added to chapter 72.65 RCW to read as follows:

The department may use catchment areas in lieu of specific counties when the number of qualifying offenders cannot economically support the placement of a work release facility or when a single county is unable to provide the needed support.

Sec. 9. RCW 36.70A.200 and 1998 c 171 s 3 are each amended to read as follows:

(1) The comprehensive plan of each county and city that is planning under this chapter shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, and group homes.

(2) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.

(3) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.

NEW SECTION. Sec. 10. A new section is added to chapter 36.70A RCW to read as follows:

(1) On or before the date by which counties planning under this chapter must review and, if needed, revise their comprehensive plans pursuant to RCW 36.70A.130, the counties shall notify the department of social and health services and the department of corrections of their intent to begin the review and shall work with the departments to achieve equitable distribution of community facilities as defined in RCW 72.05.020 and department of corrections work release facilities within the county and within the jurisdictions, communities, and neighborhoods located within the county, or within the catchment area if appropriate. In planning with the departments for distributing facilities, the counties must consider not only the reports required under sections 2 and 6 of this act but the statutory requirements presented by the departments for the placement and operation of these facilities.

(2) Community facilities and work release facilities are correctional facilities and, as such, are essential public facilities subject to the provisions of RCW 36.70A.200.

(3) Within twelve months of the completion of any revisions to the county comprehensive plan under subsection (1) of this section, or if no county revision was necessary within twelve months of the date established in RCW 36.70A.130, the county and each affected city within the county shall adopt or revise development regulations, including but not limited to zoning regulations and design standards, as necessary to implement the requirements of this act.

(4) Nothing in this section precludes a local government from requiring the department to obtain a special use or conditional use permit before siting a community facility that does not conform to the plan or development regulations established pursuant to this section.

NEW SECTION. Sec. 11. 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.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 13. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this act is null and void."

EHB 2168 - S COMM AMD

By Committee on Human Services & Corrections

On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "amending RCW 72.05.020, 72.05.400, 72.65.010, 72.65.220, and 36.70A.200; adding new sections to chapter 72.05 RCW; adding new sections to chapter 72.65 RCW; adding a new section to chapter 36.70A RCW; creating a new section; and declaring an emergency."