3114 AMH KLIP SILV 053
HB 3114 - H AMD 1512
By Representative Klippert
NOT CONSIDERED 3/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there have been several high profile egregious examples where special commitment center staff has discovered illegal child pornography, other pornography, and other banned material on residents’ computers. The legislature also finds that activities at the special commitment center must meet the treatment goals of the center, and computer usage is one such activity. The legislature also finds that by linking computer usage to treatment plans, residents are less likely to have prohibited materials on their computers. Therefore, the legislature intends that residents’ computer usage must meet their therapeutic goals. Otherwise, if not related to treatment goals, usage will be limited in order to reduce residents’ access to prohibited materials.
Sec. 2. RCW 71.09.080 and 2009 c 409 s 7 are each amended to read as follows:
(1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter, or as otherwise authorized by law.
(2) Any person committed pursuant to this chapter has the right to adequate care and individualized treatment. Unless the resident’s individualized treatment plan states that access to a computer is necessary or beneficial in bringing about a positive response to a specific and certain phase or course of treatment, that resident shall be prohibited from possessing or accessing a personal computer. A resident who is prohibited from possessing or accessing a personal computer under this subsection shall be permitted to access a limited functioning device that has no capability to display photographs, still or moving pictures or virtual images, no optical drives, external drives, universal serial bus accessible ports, or similar drive capability, and no internet access capability.
(3) The department of social and health services shall keep records detailing all medical, expert, and professional care and treatment received by a committed person, and shall keep copies of all reports of periodic examinations made pursuant to this chapter. All such records and reports shall be made available upon request only to: The committed person, his or her attorney, the prosecuting attorney, the court, the protection and advocacy agency, or another expert or professional person who, upon proper showing, demonstrates a need for access to such records.
(((3)))(4) At the time a person is taken
into custody or transferred into a facility pursuant to a petition under this
chapter, the professional person in charge of such facility or his or her
designee shall take reasonable precautions to inventory and safeguard the
personal property of the persons detained or transferred. A copy of the
inventory, signed by the staff member making it, shall be given to the person
detained and shall, in addition, be open to inspection to any responsible
relative, subject to limitations, if any, specifically imposed by the detained
person. For purposes of this subsection, "responsible relative"
includes the guardian, conservator, attorney, spouse, parent, adult child, or
adult brother or sister of the person. The facility shall not disclose the
contents of the inventory to any other person without consent of the patient or
order of the court.
(((4)))(5) Nothing in this chapter
prohibits a person presently committed from exercising a right presently
available to him or her for the purpose of obtaining release from confinement,
including the right to petition for a writ of habeas corpus.
(((5)))(6) No indigent person may be
conditionally released or unconditionally discharged under this chapter without
suitable clothing, and the secretary shall furnish the person with such sum of
money as is required by RCW 72.02.100 for persons without ample funds who are
released from correctional institutions. As funds are available, the secretary
may provide payment to the indigent persons conditionally released pursuant to
this chapter consistent with the optional provisions of RCW 72.02.100 and
72.02.110, and may adopt rules to do so.
(((6)))(7) If a civil commitment petition
is dismissed, or a trier of fact determines that a person does not meet civil
commitment criteria, the person shall be released within twenty-four hours of
service of the release order on the superintendent of the special commitment
center, or later by agreement of the person who is the subject of the
petition."
Correct the title.
EFFECT: Provides legislative findings regarding the discovery of pornography and other banned materials on the computers of resident of the Special Commitment Center. States the intent of the Legislature to limit residents' access to computers unless the computer access is related to therapeutic goals.
Prohibits a committed sexually violent predator from accessing or possessing a personal computer unless the person's treatment plan states that computer access is necessary or beneficial in bringing about a positive response to a phase or course of treatment.
Permits access to a limited functioning device that does not have: the capability to display photographs, still or moving pictures, or virtual images; the capability to access the Internet; and an optical drive, external drive, USB accessible port, or similar drive.
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