"NEW SECTION.  Sec. 1   The department of social and health services is providing a structured, therapeutic environment for persons who are eligible for placement in the community protection program in order for them to live safely and successfully in the community while minimizing the risk to public safety.
     The legislature approves of steps already taken by the department to create a community protection program within the division of developmental disabilities.

NEW SECTION.  Sec. 2   Sections 3 through 9 of this act apply to a person:
     (1)(a) Who: (i)(A) Has been charged with or convicted of a crime of sexual violence as defined in chapter 9A.44 or 71.09 RCW, including, but not limited to, rape, rape of a child, and child molestation; or (B) has been charged with or convicted of one or more violent offenses, as defined by RCW 9.94A.030; and (ii) constitutes a current risk to others as determined by a qualified professional. Charges or crimes that resulted in acquittal must be excluded, except where admission to the community protection program is initiated by the individual; or
     (b) Who has not been charged with and/or convicted of a crime, but has a history of stalking, sexually violent, predatory, and/or opportunistic behavior, which demonstrates a likelihood to commit a sexually violent and/or predatory act based on current behaviors, and constitutes a current risk to others as determined by a qualified professional; and
     (2) Who has been determined to have a developmental disability as defined by RCW 71A.10.020(3).

NEW SECTION.  Sec. 3   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Assessment" means the written opinion of a qualified professional stating, at a minimum:
     (a) Whether a person meets the criteria established in section 2 of this act;
     (b) What restrictions are necessary.
     (2) "Certified community protection program intensive supported living services" means access to twenty-four-hour supervision, instruction, and support services as identified in the person's plan of care.
     (3) "Community protection program" means services specifically designed to support persons who meet the criteria of section 2 of this act.
     (4) "Constitutes a risk to others" means a determination of a person's risk and/or dangerousness based upon a thorough assessment by a qualified professional.
     (5) "Department" means the department of social and health services.
     (6) "Developmental disability" means that condition defined in RCW 71A.10.020(3).
     (7) "Disclosure" means providing copies of professional assessments, incident reports, legal documents, and other information pertaining to community protection issues to ensure the provider has all relevant information. Polygraph and plethysmograph reports are excluded from disclosure.
     (8) "Division" means the division of developmental disabilities.
     (9) "Managed successfully" means that a person supported by a community protection program does not engage in the behavior identified in section 2 of this act.
     (10) "Opportunistic behavior" means an act committed on impulse, which is not premeditated.
     (11) "Predatory" means acts directed toward strangers, individuals with whom a relationship has been established or promoted for the primary purpose of victimization, or casual acquaintances with whom no substantial personal relationship exists. Predatory behavior may be characterized by planning and/or rehearsing the act, stalking, and/or grooming the victim.
     (12) "Qualified professional" means a person with at least three years' prior experience working with individuals with developmental disabilities, and: (a) If the person being assessed has demonstrated sexually aggressive or sexually violent behavior, that person must be assessed by a qualified professional who is a certified sex offender treatment provider, or affiliate sex offender treatment provider working under the supervision of a certified sex offender treatment provider; or (b) If the person being assessed has demonstrated violent, dangerous, or aggressive behavior, that person must be assessed by a licensed psychologist or psychiatrist who has received specialized training in the treatment of or has at least three years' prior experience treating violent or aggressive behavior.
     (13) "Treatment team" means the program participant and the group of people responsible for the development, implementation, and monitoring of the person's individualized supports and services. This group may include, but is not limited to, the case resource manager, therapist, residential provider, employment/day program provider, and the person's legal representative and/or family, provided the person consents to the family member's involvement.
     (14) "Violent offense" means any felony defined as a violent offense in RCW 9.94A.030.

NEW SECTION.  Sec. 4   (1) Prior to receiving services through the community protection program, a person must first receive an assessment of risk and/or dangerousness by a qualified professional. The assessment must be consistent with the guidelines for risk assessments and psychosexual evaluations developed by the department. The person requesting services and the person's legal representative have the right to choose the qualified professional who will perform the assessment from a list of state contracted qualified professionals. The assessment must contain, at a minimum, a determination by the qualified professional whether the person can be managed successfully in the community with reasonably available safeguards and that lesser restrictive residential placement alternatives have been considered and would not be reasonable for the person seeking services. The department may request an additional evaluation by a qualified professional evaluator who is contracted with the state.
     (2) Any person being considered for placement in the community protection program and his or her legal representative must be informed in writing of the following: (a) Limitations regarding the services that will be available due to the person's community protection issues; (b) disclosure requirements as a condition of receiving services other than case management; (c) the requirement to engage in therapeutic treatment may be a condition of receiving certain services; (d) anticipated restrictions that may be provided including, but not limited to intensive supervision, limited access to television viewing, reading material, videos; (e) the right to accept or decline services; (f) the anticipated consequences of declining services such as the loss of existing services and removal from waiver services; (g) the right to an administrative fair hearing in accordance with department and division policy; (h) the requirement to sign a preplacement agreement as a condition of receiving community protection intensive supported living services; (i) the right to retain current services during the pendency of any challenge to the department's decision; (j) the right to refuse to participate in the program.
     (3)(a) If the department determines that a person is appropriate for placement in the community protection program, the individual and his or her legal representative shall receive in writing a determination by the department that the person meets the criteria for placement within the community protection program.
     (b) If the department determines that a person cannot be managed successfully in the community protection program with reasonably available safeguards, the department must notify the person and his or her legal representative in writing.

NEW SECTION.  Sec. 5   (1) Individuals receiving services through the department's community protection waiver retain all appeal rights provided for in RCW 71A.10.050. In addition, such individuals have a right to an administrative hearing pursuant to chapter 34.05 RCW to appeal the following decisions by the department:
     (a) Termination of community protection waiver eligibility;
     (b) Assignment of the applicant to the community protection waiver;
     (c) Denial of a request for less restrictive community residential placement.
     (2) Final administrative decisions may be appealed pursuant to the provisions of RCW 34.05.510.
     (3) The secretary shall adopt rules concerning the procedure applicable to requests for hearings under this section and governing the conduct thereof.
     (4) When the department takes any action described in subsection (1) of this section it shall give notice as provided by RCW 71A.10.060. The notice must include a statement advising the person enrolled on the community protection waiver of the right to an adjudicative proceeding and the time limits for filing an application for an adjudicative proceeding. Notice must also include a statement advising the recipient of the right to file a petition for judicial review of a final administrative decision as provided in chapter 34.05 RCW.
     (5) Nothing in this section creates an entitlement to placement on the community protection waiver nor does it create a right to an administrative hearing on department decisions denying placement on the community protection waiver.

NEW SECTION.  Sec. 6   (1) Community protection program participants shall have appropriate opportunities to receive services in the least restrictive manner and in the least restrictive environments possible. When considering requests or recommendations for lessening program restrictions, reducing supervision, or terminating services, careful consideration to the safety and welfare of both the individual and the community must be given.
     (2) There must be a review by the treatment team every ninety days to assess each participant's progress, evaluate use of less restrictive measures, and make changes in the participant's program as necessary. The team must review all restrictions and recommend reductions if appropriate. The therapist must write a report annually evaluating the participant's risk of offense and/or risk of behaviors that are dangerous to self or others. The department shall have rules in place describing this process. If a treatment team member has reason to be concerned that circumstances have changed significantly, the team member may request that a complete reassessment be conducted at any time.

NEW SECTION.  Sec. 7   A participant who demonstrates success in complying with reduced restrictions and remains free of offenses that may indicate a relapse for at least twelve months, may be considered for placement in a less restrictive community residential setting. The participant must show, at a minimum that he or she is complying with reduced restrictions and remains free of offense that would indicate relapse for at least twelve months.
     The process to move a participant to a less restrictive residential placement shall include:
     (1) Written verification of the person's treatment progress, assessment of low risk of reoffense, and a recommendation as to suitable placement by the treatment team;
     (2) Development of a gradual phase out plan by the treatment team, projected over a reasonable period of time and includes specific criteria for evaluating reductions in restrictions, especially supervision;
     (3) The absence of any incidents that may indicate relapse for a minimum of twelve months;
     (4) A written plan that details what supports and services, including the level of supervision the person will receive from the division upon exiting the community protection program;
     (5) An assessment consistent with the guidelines for risk assessments and psychosexual evaluations developed by the division, conducted by a qualified professional, evaluating the participant's risk of reoffense and/or dangerousness, including an opinion as to whether or not the person can be managed successfully in a less restrictive community residential setting;
     (6) Recommendation by the treatment team that the participant is ready to move to a less restrictive community residential placement.

NEW SECTION.  Sec. 8   (1) The department is authorized to take one or more of the enforcement actions listed in subsection (2) of this section when the department finds that a provider of residential services and support with whom the department entered into an agreement with under this chapter has:
     (a) Failed or refused to comply with the requirements of this chapter or the rules adopted under it;
     (b) Failed or refused to cooperate with the certification process;
     (c) Prevented or interfered with a certification, inspection, or investigation by the department;
     (d) Failed to comply with any applicable requirements regarding vulnerable adults under chapter 74.34 RCW;
     (e) Knowingly, or with reason to know, made a false statement of material fact related to certification or contracting with the department or in any matter under investigation by the department.
     (2) The department may:
     (a) Decertify or refuse to renew the certification of a provider;
     (b) Impose conditions on the provider's certification;
     (c) Suspend department referrals to the provider;
     (d) Impose civil penalties of not more than three hundred dollars per day per violation. Each day during which the same or similar action or inaction occurs constitutes a separate violation; or
     (e) Require a provider to implement a plan of correction developed by the department, and to cooperate with subsequent monitoring of the provider's progress.
     (3) When determining the appropriate enforcement action or actions to take under subsection (2) of this section, the department must select actions commensurate with the seriousness of the harm or threat of harm, to the persons being served by the provider. Further, the department may take enforcement actions that are more severe for violations that are uncorrected, repeated, pervasive, or present a serious threat of harm to the health, safety, or welfare of persons served by the provider.
     (4) The provisions of chapter 34.05 RCW apply to enforcement actions under this section. Except for the imposition of civil penalties, the effective date of enforcement actions shall not be delayed or suspended pending any hearing or informal review.
     (5) The enforcement actions authorized in this section are not exclusive and nothing in this section prohibits the department from taking any other action authorized in statute or rule or under the terms of a contract with the provider.

NEW SECTION.  Sec. 9   The department shall develop and maintain rules, guidelines, or policy manuals, as appropriate, for implementing and maintaining the community protection program under this chapter.

NEW SECTION.  Sec. 10   Sections 2 through 9 of this act are each added to chapter 71A.12 RCW.

NEW SECTION.  Sec. 11   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."