BILL REQ. #:  S-4299.1 

Read first time 01/16/08.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to less restrictive alternatives; and amending RCW 71.09.092.

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

Sec. 1   RCW 71.09.092 and 1995 c 216 s 10 are each amended to read as follows:
     Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (1) The person will be treated by a treatment provider who is qualified to provide such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for such treatment and will report progress to the court on a regular basis, and will report violations immediately to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; (3) housing exists that is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization; (4) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (5) the person is willing to comply with supervision requirements imposed by the department of corrections. With regard to approving the location of treatment, the court may not override the recommendation of the department, the prosecutor, the supervising community corrections officer, the provider, and the superintendent of the special commitment center, unless doing so is determined by the court in writing as necessary to adequately protect the community. If the respondent seeks treatment in a different location, his or her request must be approved by the department, the prosecutor, the supervising community corrections officer, the provider, and the superintendent of the special commitment center prior to resubmittal to the court.