READ FIRST TIME 03/05/07.   

     AN ACT Relating to essential state community justice facilities; amending RCW 72.05.020, 72.65.010, 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) 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.
     (3) 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 6 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.
     (4) 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 7 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.
     (5) The department shall, by rule, adopt facility criteria and shall consult with local governments in such rule making.

Sec. 3   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. 4   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) 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.
     (3) 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 6 of this act.
     (4) 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 7 of this act.
     (5) The department shall, by rule, adopt facility criteria and shall consult with local governments in such rule making.

Sec. 5   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 6 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. 6   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(2) 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 4(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 4(2) 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(2) of this act and the facility criteria established under section 2(5) 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 4(2) of this act and the facility criteria established under section 4(5) 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 4 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. 7   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(2) 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 4(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 4(2) 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(2) of this act and the facility criteria established under section 2(5) 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 4(2) of this act and the facility criteria established under section 4(5) 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 4 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. 8   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. 9   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. 10   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.