BILL REQ. #:  H-2558.2 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to essential state community justice facilities; amending RCW 72.05.020, 72.05.400, 72.65.010, 72.65.220, and 36.70A.200; adding a new section to chapter 72.05 RCW; adding a new section to chapter 72.65 RCW; adding new sections to chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 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 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.