H-1134.1

HOUSE BILL 1813

ByRepresentatives Griffey, Doglio, Robertson, Couture, Stokesbary, Volz, Chambers, Sandlin, Mosbrucker, Christian, Jacobsen, McClintock, Graham, Connors, and Barkis

AN ACT Relating to establishing a moratorium on the siting and use of secure community transition facilities pending recommendations of a joint legislative work group; creating new sections; providing expiration dates; and declaring an emergency.

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

(2) The courts and department of social and health services are temporarily prohibited from authorizing conditional release to a less restrictive alternative placement pursuant to RCW 71.09.090, 71.09.092, 71.09.094, 71.09.096, 71.09.097, 71.09.280, and 71.09.345, subject to the following exceptions:

(a) The courts and department of social and health services may continue to place civilly committed sex offenders in the secure community transition facility in south Seattle in King county; and

(b) The courts and department of social and health services may continue to place civilly committed sex offenders in the secure community transition facility located on McNeil Island in Pierce county.

(3) The department of social and health services and secretary of social and health services are temporarily prohibited from siting, constructing, or entering into any contracts with effective dates on or after the effective date of this section regarding secure community transition facilities pursuant to RCW 71.09.099, 71.09.250, 71.09.252, 71.09.255, 71.09.343, and 71.09.344, except for unused facilities on McNeil Island. The department and secretary may develop additional facilities on McNeil Island during the temporary prohibition.

(4) This section expires June 30, 2025.

(i) The president of the senate shall appoint one member from each of the two largest caucuses of the senate. At least one member must be a member of the senate law and justice committee, and at least one member must be a member of the senate human services committee;

(ii) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses of the house of representatives. The house community safety, justice, and reentry committee, civil rights and judiciary committee, and local government committee must each be represented;

(iii) The president of the senate and the speaker of the house of representatives jointly shall appoint six members representing two survivors of violent sex crimes, the office of crime victims advocacy, the Washington association of sheriffs and police chiefs, a licensed sex offender treatment provider, and the Washington state association of counties;

(iv) The secretary of the department of social and health services shall appoint one member representing the department of social and health services;

(v) The secretary of the department of corrections shall appoint one member representing the department of corrections; and

(vi) The sex offender policy board shall appoint one member representing the sex offender policy board.

(b) The ranking member of the work group from the house community safety, justice, and reentry committee shall convene the initial meeting of the work group.

(i) The work group shall choose its chair and cochair from among its legislative membership.

(ii) The work group may select other officers from among its members as the work group deems appropriate.

(2) The work group shall:

(a) Evaluate the siting criteria for secure community transition facilities, including opportunities for local control of siting by counties and cities;

(b) Evaluate the requirements of chapter 71.09 RCW and recommend amendments to implement the work group's recommendations;

(c) Identify recommendations to ensure the equitable distribution of secure community transition facilities statewide;

(d) Identify recommendations for public notification, awareness, and opportunities for review and comment in communities affected by the siting of secure community transition facilities;

(e) Identify recommendations for the security and safety of residents of communities affected by the siting of secure community transition facilities; and

(f) Identify recommendations for less restrictive alternative security measures, staff ratios, and staff and chaperone training.

(3) The work group shall hold at least six meetings, at least two of which must be in eastern Washington. The first meeting of the work group must occur by August 31, 2023.

(4) Staff support for the work group must be provided by the senate committee services and the house of representatives office of program research.

(5) State agencies, departments, and commissions shall cooperate with the work group and provide information as the chair or cochair may reasonably request.

(6) Legislative members of the work group are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for nonlegislative members is subject to chapter 43.03 RCW.

(7) The expenses of the work group shall be paid jointly by the senate and the house of representatives. Work group expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.

(8) The work group shall report its findings and recommendations by June 30, 2024, to the governor and relevant committees of the legislature.

(a) Recommendations of the work group may be made by a simple majority of work group members.

(b) In the event that the work group does not reach majority-supported recommendations, the work group may report minority recommendations supported by at least two members of the work group.

(c) Notice of the completion of the findings and recommendations required in this subsection must be published in the Washington State Register by June 30, 2024.

(9) This section expires December 31, 2024.

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