HOUSE BILL REPORT
HB 1091
As Reported by House Committee On:
Community Safety
Title: An act relating to sexually violent predators' ineligibility to earn supervision compliance credit.
Brief Description: Concerning sexually violent predators' ineligibility to earn supervision compliance credit.
Sponsors: Representatives Couture, Leavitt, Schmidt, Low, Jacobsen, Bronoske, Penner and Caldier.
Brief History:
Committee Activity:
Community Safety: 1/14/25, 1/23/25 [DP].
Brief Summary of Bill
  • Prohibits a person from earning supervision compliance credit on any cause served concurrently with a less restrictive alternative subject to supervision by the Department of Corrections as part of the person's civil commitment as a sexually violent predator.
HOUSE COMMITTEE ON COMMUNITY SAFETY
Majority Report: Do pass.Signed by 8 members:Representatives Goodman, Chair; Simmons, Vice Chair; Graham, Ranking Minority Member; Griffey, Assistant Ranking Minority Member; Burnett, Davis, Fosse and Obras.
Staff: Corey Patton (786-7388).
Background:

Community Custody.

Community custody is the portion of a person's criminal sentence served in the community under the supervision of the Department of Corrections (DOC) following the person's release from confinement.? Courts are required to order community custody for persons convicted of certain offenses.? Alternatively, a person convicted of certain offenses may qualify for a special sentencing alternative, where the person receives a reduced or waived term of confinement and instead serves a longer term of community custody.?

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A person in community custody is subject to conditions imposed by the DOC and the court.? The DOC may establish and modify the person's conditions of community custody based on risks to community safety, and issue an arrest warrant if the person violates those conditions.? A person who violates conditions of community custody may be subject to sanctions depending on the type of violation, the underlying offense, and other conditions.

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Supervision Compliance Credit.

A person may earn supervision compliance credit to reduce the period of time the person is required to serve in community custody.? Supervision compliance credit is awarded for complying with supervision terms and making progress towards the goals of an individualized supervision case plan, including:

  • participating in specific targeted interventions, risk-related programming, or treatment; and
  • completing steps towards specific, targeted goals that enhance protective factors and stability.

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Certain persons do not qualify for supervision compliance credit, including any person completing community custody as part of a sentencing alternative, any person released and currently being supervised by the Indeterminate Sentence Review Board, and any person subject to supervision under the Interstate Compact for Adult Offender Supervision.

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Civil Commitment of Sexually Violent Predators.

A sexually violent predator (SVP) is a person who has been convicted of or charged with a crime of sexual violence and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in predatory acts of sexual violence if not confined in a secure facility.? A prosecutor may petition for indefinite civil commitment of a person as an SVP when the person is pending release from a state correctional facility, among other circumstances.? A person found to be an SVP must be placed in the custody of the Department of Social and Health Services (DSHS) for control, care, and treatment at the Special Commitment Center on McNeil Island.

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If an SVP's condition changes such that conditional release to a less restrictive alternative (LRA) is in the best interest of the person and conditions can be imposed that adequately protect the community, then the DSHS must authorize the person to petition the court. ?An SVP may also petition the court without the DSHS's approval.? A petition for conditional release to an LRA must include a proposed placement plan with a residence, treatment plan, and other conditions.? The court must make certain findings before granting an SVP a conditional release to an LRA, including that the person will be under the DOC's supervision and is willing to comply with supervision requirements.

Summary of Bill:

A person may not earn supervision compliance credit on any cause served concurrently with a less restrictive alternative subject to supervision by the Department of Corrections as part of the person's civil commitment as a sexually violent predator.

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) This bill addresses the supervision cliff for sexually violent predators (SVPs) that are granted a less restrictive alternative (LRA).? It is important for the state to prioritize public safety in the community while managing the civil commitment of SVPs.? This is a small first step towards reforming the system of civil commitment to ensure safety for the community and better treatment for the SVPs under the state's care.

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(Opposed) A person on an LRA placement is monitored more closely, more constantly, and to a higher degree than anyone else on community custody.? The person must wear a global positioning system bracelet and receive approval before leaving the LRA residence.? If the person manages to get through the LRA placement without violations, the person should receive supervision compliance credit because all of the concerns addressed by community custody are more than addressed by the LRA placement.? The supervision cliff being described does not exist.? This bill would be unconstitutional because similarly situated people cannot be treated differently based on whether they are civilly committed.? If two people commit the same offense on paper, with the only difference being that one person is civilly committed and the other person is not, then the denial of supervision compliance credit to the person who is civilly committed would be a concrete punishment based on that person's civil commitment.

Persons Testifying:

(In support) Representative Travis Couture, prime sponsor.

(Opposed) Sonja Hardenbrook, WDA and WACDL; and Jessica Fleming.
Persons Signed In To Testify But Not Testifying: None.