1733-S2 AMH CONW HALL 128
2SHB 1733 - H AMD 324
By Representative Conway
WITHDRAWN 3/13/2007
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) "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) "Department" means the department of social and health services.
(3) "Equitable distribution" or "distribute equitably" means
siting or locating community facilities in a manner that reasonably
reflects the proportion of juveniles sentenced to the department
from each county or rural multicounty geographic area designated by
the department, and, to the extent practicable, the proportion of
such juveniles residing in particular jurisdictions or communities
within such counties or geographic areas. Equitable distribution is
a policy goal, not a basis for any legal challenge to the siting,
construction, occupancy, or operation of any facility anywhere in
the state.
(4) "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))) (5) "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 prepare a projected list of counties
and rural multicounty geographic areas in which community
facilities need to be sited during the fiscal year beginning July
1, 2007, and every biennium thereafter starting with the biennium
beginning July 1, 2008, and transmit the list to the office of
financial management and the counties on the list. The list may be
updated as needed. In preparing the list, the department shall make
substantial efforts to provide for the equitable distribution of
community facilities among counties. The department shall give
great weight to the following factors in determining equitable distribution:
(a) The locations of existing community facilities owned or
operated by, or operated under contract with, the department in
each county;
(b) The number and proportion of juvenile offenders committed
to the department residing in the county or rural multicounty
geographic area; and
(c) The number of juvenile registered sex offenders classified
as level II or III and juvenile sex offenders registered as
homeless per thousand persons residing in the county.
(2)(a) In preparing the list required under subsection (1) of
this section, the department shall:
(i) Give great weight to the factors identified in subsection
(1) of this section;
(ii) Use the information contained in the most recent edition
of the report required under subsection (4) of this section; and
(iii) Use the criteria adopted under subsection (7) of this section.
(b) Prior to finalizing the list of projected community
facilities required under subsection (1) of this section, the
department shall consult with the county legislative authorities of
each county identified on the list and the largest city within each
county on the list. The department shall also hold at least one
public hearing within each such county or rural multicounty
geographic area, including, if known, the affected part of the county.
(3) The department shall submit, along with the list required
under subsection (1) of this section, the operational requirements
for the facilities on the list to the office of financial
management and the counties on the list.
(4) To carry out the purposes of subsection (1) of this
section, the department shall, no later than July 1, 2007, develop
a map of the state that identifies the locations of existing
facilities and the counties or rural multicounty geographic areas
needing projected facilities identified in subsection (1) of this
section during the biennium. The department shall update the map at
least once per biennium. The department shall also maintain data on
the number and proportion of juvenile offenders identified in
subsection (1)(b) and (c) of this section and shall biennially
publish a report including the most recent version of the map and
offender data for the counties and rural multicounty geographic areas.
(5) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section planning under
RCW 36.70A.040 shall, in cooperation with its cities, allow the
siting of each projected community facility on the list within the
county using its process for siting essential public facilities
under RCW 36.70A.200 and section 8 of this act. The process shall
allow the siting of a facility within twelve months of receiving
notice that the county has been included on the list.
(6) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section not planning
under RCW 36.70A.040 shall, in cooperation with its cities, allow
the siting of each projected community facility on the list within
the county using the procedures established in section 9 of this
act. The process shall allow the siting of a facility within twelve
months of receiving notice that the county or city has been
included on the list.
(7) The department shall, by rule, adopt facility criteria and
shall consult with local governments in such rule making.
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 make a good faith effort to provide at least fourteen days'
advance notice of the ((meeting to)) public hearings to at least
the following:
(i) The appropriate legislative authorities of 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, any institution
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) If local government land use regulations require
that a special use or conditional use permit be submitted and
approved before a community facility can be sited, and the process
for obtaining the permit includes public notice and hearing
requirements similar to those required under this section, the
requirements of this section shall not apply to the extent they
would duplicate requirements under the local land use regulations.
(8) This section shall apply only to community facilities sited
after September 1, 1998.
Sec. 4 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:
(1) "Department" ((shall)) means the department of corrections.
(2) "Equitable distribution" or "distribute equitably" means
siting or locating work release facilities in a manner that
reasonably reflects the proportion of offenders sentenced to the
custody or supervision of the department by the courts of each
county or rural multicounty geographic area designated by the
department, and, to the extent practicable, the proportion of such
offenders residing in particular jurisdictions or communities
within such counties or rural multicounty geographic areas.
Equitable distribution is a policy goal, not a basis for any legal
challenge to the siting, construction, occupancy, or operation of
any facility anywhere in the state.
(3) "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.
(4) "Secretary" ((shall)) means the secretary of corrections.
(((3))) (5) "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)))(6) "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. 5 A new section is added to chapter 72.65
RCW to read as follows:
(1) The department shall prepare a projected list of counties
and rural multicounty geographic areas in which work release
facilities need to be sited during the fiscal year beginning July
1, 2007, and every biennium thereafter starting with the biennium
beginning July 1, 2008, and transmit the list to the office of
financial management and the counties on the list. The list may be
updated as needed. In preparing the list, the department shall make
substantial efforts to provide for the equitable distribution of
work release facilities among counties. The department shall give
great weight to the following factors in determining equitable distribution:
(a) The locations of existing residential facilities owned or
operated by, or operated under contract with, the department in
each county;
(b) The number and proportion of adult offenders sentenced to
the custody or supervision of the department by the courts of the
county or rural multicounty geographic area; and
(c) The number of adult registered sex offenders classified as
level II or III and adult sex offenders registered as homeless per
thousand persons residing in the county.
(2)(a) In preparing the list required under subsection (1) of
this section, the department shall:
(i) Give great weight to the factors identified in subsection
(1) of this section;
(ii) Use the information contained in the most recent edition
of the report required under subsection (4) of this section; and
(iii) Use the criteria adopted under subsection (7) of this section.
(b) Prior to finalizing the list of projected work release
facilities required under subsection (1) of this section, the
department shall consult with the county legislative authorities of
each county identified on the list and the largest city within each
county identified on the list. The department also shall hold at
least one public hearing within each such county or rural
multicounty geographic area, including, if known, the affected part
of the county or rural multicounty geographic area.
(3) The department shall submit, along with the list required
under subsection (1) of this section, the operational requirements
for the facilities on the list to the office of financial
management and the counties on the list.
(4) To carry out the purposes of subsection (1) of this
section, the department shall, no later than July 1, 2007, develop
a map of the state that identifies the locations of existing
facilities and the counties or rural multicounty geographic areas
needing projected facilities identified in subsection (1) of this
section during the biennium. The department shall update the map at
least once per biennium. The department shall also maintain data on
the number and proportion of offenders identified in subsection
(1)(b) and (c) of this section and shall biennially publish a
report including the most recent version of the map and offender
data for the counties and rural multicounty geographic areas.
(5) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section planning under
RCW 36.70A.040 shall, in cooperation with its cities, allow the
siting of each projected work release facility on the list within
the county using its process for siting essential public facilities
under RCW 36.70A.200 and section 8 of this act.
(6) A county, and any county designated by the department
within a rural multicounty geographic area, that is included on the
list required under subsection (1) of this section not planning
under RCW 36.70A.040 shall, in cooperation with its cities, allow
the siting of each projected work release facility on the list
within the county using the procedures established in section 9 of
this act.
(7) The department shall, by rule, adopt facility criteria and
shall consult with local governments in such rule making.
Sec. 6 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
beprovided to)) To provide adequate notice of and opportunity for
interested persons to comment on a proposed location, the
department or contracting entity shall make a good faith effort to
provide at least fourteen days' advance notice of the public
hearings to at least the following:
(i) The appropriate legislative authorities of 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.
(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
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 5 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.
(6) If local government regulations require that a special use
or conditional use permit be submitted and approved before a work
release facility can be sited, and the process for obtaining the
permit includes public notice and hearing requirements similar to
those required under this section, the requirements of this section
shall not apply to the extent they would duplicate requirements
under the local land use regulations.
Sec. 7 RCW 36.70A.200 and 2002 c 68 s 2 are each amended to
read as follows:
(1) The comprehensive plan of each county and city that is
planning under RCW 36.70A.040 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, group homes, and secure
community transition facilities as defined in RCW 71.09.020.
(2) Each county and city planning under RCW 36.70A.040 shall,
not later than September 1, 2002, establish a process, or amend its
existing process, for identifying and siting essential public
facilities and adopt or amend its development regulations as
necessary to provide for the siting of secure community transition
facilities consistent with statutory requirements applicable to
these facilities.
(3) Any city or county not planning under RCW 36.70A.040
shall, not later than September 1, 2002, establish a process for
siting secure community transition facilities and adopt or amend
its development regulations as necessary to provide for the siting
of such facilities consistent with statutory requirements
applicable to these facilities.
(4) Within twelve months of receiving notice that the county
has been included on the list of projected potential sites for a
work release facility or community facility for juvenile offenders,
each county, in cooperation with the cities located in whole or in
part within the county, and each city planning under RCW 36.70A.040
shall, when it next amends its comprehensive plan, but in no case
later than the deadline specified in RCW 36.70A.130, establish a
process, or amend its existing process, for identifying and siting
essential public facilities, and adopt or amend its development
regulations as necessary to provide for the siting of community
facilities as defined in RCW 72.05.020 and work release and other
facilities operated by or under contract with the department of
corrections. When siting a community facility under chapter 72.05
RCW or a work release facility under chapter 72.65 RCW, a county or
city shall follow, in addition to requirements of the process for
siting essential public facilities established under this section,
the requirements established in section 8 of this act.
(5) The office of financial management shall maintain and by
the first of each year, provide to counties and cities needing to
site them, 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.
(((5))) (6) No local comprehensive plan or development
regulation may preclude the siting of essential public facilities.
(((6))) (7) No person may bring a cause of action for civil
damages based on the good faith actions of any county or city to
provide for the siting of secure community transition facilities in
accordance with this section and with the requirements of chapter
12, Laws of 2001 2nd sp. sess. For purposes of this subsection,
"person" includes, but is not limited to, any individual, agency as
defined in RCW 42.17.020, corporation, partnership, association,
and limited liability entity.
(((7))) (8) Counties or cities siting facilities pursuant to
subsection (2) or (3) of this section shall comply with RCW 71.09.341.
(((8))) (9) The failure of a county or city to act by the
deadlines established in subsections (2) and (3) of this section is
not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action.
NEW SECTION. Sec. 8 A new section is added to chapter 36.70A
RCW to read as follows:
(1) When providing for the siting of an essential public
facility that is a community facility under chapter 72.05 RCW, a
county or city planning under this chapter shall:
(a) Involve the department of social and health services in
the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of community facilities by giving great weight to the
factors in section 2(1) (a) through (c) of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of social
and health services under section 2(3) of this act.
(2) When providing for the siting of an essential public
facility that is a work release facility under chapter 72.65 RCW,
a county or city planning under this chapter shall:
(a) Involve the department of corrections in the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of work release facilities by giving great weight to
the factors in section 5(1) (a) through (c) of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of
corrections under section 5(3) of this act.
(3)(a) As part of the permitting process for a community
facility under chapter 72.05 RCW, a county or city may not impose
upon the department of social and health services any requirements
beyond the operational requirements established under section 2(3)
of this act and the facility criteria established under section
2(7) of this act.
(b) As part of the permitting process for a work release
facility under chapter 72.65 RCW, a county or city may not impose
upon the department of corrections any requirements beyond the
operational requirements established under section 5(3) of this act
and the facility criteria established under section 5(7) of this act.
(4) If the department of social and health services adheres to
all responsibilities in section 2 of this act and RCW 72.05.400,
and the department of corrections adheres to all responsibilities
in RCW 72.65.010 and section 5 of this act, any conditional use
permit, special use permit, or any other development application
process necessary to site a community facility or work release
facility may not exceed one hundred twenty days after submittal of
a full and complete application, and must include an appeal
process.
NEW SECTION. Sec. 9 A new section is added to chapter 36.70
RCW to read as follows:
(1) When providing for the siting of a community facility
under chapter 72.05 RCW, a county or city planning under this
chapter shall:
(a) Involve the department of social and health services in
the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of community facilities by giving great weight to the
factors in section 2(1) (a) through (c) of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of social
and health services under section 2(3) of this act.
(2) When providing for the siting of a work release facility
under chapter 72.65 RCW, a county and city planning under this
chapter shall:
(a) Involve the department of corrections in the siting process;
(b) Make a substantial effort to provide for the equitable
distribution of work release facilities by giving great weight to
the factors in section 5(1) (a) through (c) of this act; and
(c) Ensure that any location identified is consistent with the
operational requirements established by the department of
corrections under section 5(3) of this act.
(3)(a) As part of the permitting process for a community
facility under chapter 72.05 RCW, a county or city may not impose
upon the department of social and health services any requirements
beyond the operational requirements established under section 2(3)
of this act and the facility criteria established under section
2(7) of this act.
(b) As part of the permitting process for a work release
facility under chapter 72.65 RCW, a county or city may not impose
upon the department of corrections any requirements beyond the
operational requirements established under section 5(3) of this act
and the facility criteria established under section 5(7) of this act.
(4) If the department of social and health services adheres to
all responsibilities in section 2 of this act and RCW 72.05.400,
and the department of corrections adheres to all responsibilities
in RCW 72.65.010 and section 5 of this act, any conditional use
permit, special use permit, or any other development application
process necessary to site a community facility or work release
facility may not exceed one hundred twenty days after submittal of
a full and complete application, and must include an appeal
process.
NEW SECTION. Sec. 10 A new section is added to chapter
36.70A RCW to read as follows:
(1) After twelve months have passed since the city or county
receives notice that the county has been included on the list of
projected potential sites for a work release facility or community
facility for juvenile offenders, and the county and cities within
have failed to establish a process for siting a work release
facility or community facility for juvenile offenders,
notwithstanding RCW 36.70A.103 or any other law, this section
preempts and supersedes local plans, development regulations,
permitting requirements, inspection requirements, and all other
laws as necessary to enable the department of corrections to site,
construct, renovate, occupy, and operate a work release facility or
to enable the department of social and health services to operate
a community facility for juvenile offenders within the county.
(2) The department of corrections or department of social and
health services determinations under subsection (1) of this section
are final and are not subject to appeal under chapter 34.05 RCW or
this chapter.
(3) Nothing in this section prohibits the department of
corrections or department of social and health services from:
(a) Siting a work release or community facility for juvenile
offenders in a city or county that has complied with the
requirements of RCW 36.70A.200 with respect to these facilities,
including a city that is located within a county that has been
preempted. If the department sites a work release facility or
community facility for juvenile offenders in such a city or county,
the department shall use the process established by the city or
county for siting such facilities; or
(b) Consulting with a city or county that has been preempted
under this section regarding the siting of a secure community
transition facility.
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."
Correct the title.
EFFECT:
Removes all changes in the second substitute bill and replaces it with the language in the substitute bill that was reported out of the Human Services Committee.
Requires the development of biennial lists of counties and rural multi-county geographic areas in which juvenile facilities or adult work release facilities may be sited.
Requires the Department of Social and Health Services and the Department of Corrections to make substantial efforts to provide for the equitable distribution of juvenile facilities or adult work release facilities when developing the lists.
Establishes public notice and hearing requirements for siting juvenile facilities or adult work release facilities.
Requires local governments to develop processes and development regulations necessary to provide for the siting of juvenile facilities and adult work release facilities, and imposes requirements on local governments relating to the siting process.
Allows the state to preempt local government if they fail to create a process to site the juvenile facilities or work release facilities.