SENATE BILL REPORT
HB 1457
As Passed Senate, April 2, 2025
Title: An act relating to improving community safety by requiring electronic monitoring of sexually violent predators granted conditional release to a less restrictive alternative.
Brief Description: Requiring electronic monitoring of sexually violent predators granted conditional release.
Sponsors: Representatives Griffey, Couture, Burnett, Graham, Leavitt, Davis, Caldier, Jacobsen, Klicker, Eslick and Simmons.
Brief History: Passed House: 3/3/25, 96-0.
Committee Activity: Law & Justice: 3/17/25, 3/20/25 [DP].
Floor Activity: Passed Senate: 4/2/25, 49-0.
Brief Summary of Bill
  • Requires the court to impose electronic monitoring that, to the extent feasible, has specified tracking and notification capabilities prior to authorizing a person's conditional release to a less restrictive alternative.
SENATE COMMITTEE ON LAW & JUSTICE
Majority Report: Do pass.
Signed by Senators Dhingra, Chair; Trudeau, Vice Chair; Holy, Ranking Member; Fortunato, Lovick, Salomon, Torres, Valdez and Wagoner.
Staff: Joe McKittrick (786-7287)
Background:

The law defines a sexual violent predator (SVP) as a person convicted of, found not guilty by reason of insanity of, or found not competent to stand trial for a crime of sexual violence, and who suffers from a mental abnormality or personality disorder that 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 about the be released from a state correctional facility, among other circumstances. If found to be an SVP, the person is committed to the custody of the Department of Social and Health Services (DSHS) for control, care, and treatment at the Special Commitment Center on McNeil Island.

 

DSHS must conduct an annual examination of the mental condition of each person civilly committed as an SVP to determine whether the person's condition has changed. If the person's condition has changed such that the person no longer meets the criteria of an SVP, or that conditional release 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 for unconditional discharge or conditional release. The person may also petition the court for unconditional discharge or conditional release without DSHS's approval. A conditional release may be to a community-based less restrictive alternative (LRA) placement or a secure community transition facility (SCTF) operated by or under contract with DSHS.

 

Prior to authorizing a person's conditional release to an LRA, the court must impose conditions upon the person as are necessary to ensure the safety of the community, including by imposing a minimum distance restriction of 500 feet on the proximity of the person's residence to child care facilities and public or private schools providing instruction to kindergarten or any grades 1 through 12. The court must also order the Department of Corrections (DOC) to investigate the LRA placement and, within 60 days of the order to investigate, and recommend any additional conditions.

 

The conditions imposed must be individualized to address the person's specific risk factors and criminogenic needs, and may include, but are not limited to the following:

  • specification of residence or restrictions on residence, including distance restrictions;
  • specifications of contact with a reasonable number of individuals who are verified by DOC to be appropriate social contacts;
  • prohibitions against contact with potential or past victims;
  • prohibitions against using drugs or alcohol;
  • requirement of receiving court-authorization to travel outside the state; and
  • any other conditions the court determines are in the best interest of the person or others.

 

If the court finds that conditions do not exist that will ensure compliance with treatment and protect the community, then the person must be remanded to DSHS for control, care, and treatment in a secure facility. A person who is conditionally released to an SCTF must wear an electronic monitoring device at all times.
Summary of Bill:

Prior to authorizing a person's conditional release to a less restrictive alternative, the court must impose electronic monitoring that, to the extent feasible, provides real time tracking, programmable inclusion and exclusion zones, and the ability to provide notifications if the person tampers with the monitoring device or enters an exclusion zone.
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:

PRO: This bill is a bipartisan effort to reform our Sexually Violent Predator Program. Requiring electronic monitoring with inclusion and exclusion zones will help improve community safety and demonstrate when a person is complying with their less restrictive alternative.
Persons Testifying: PRO: Representative Dan Griffey, Prime Sponsor.
Persons Signed In To Testify But Not Testifying: No one.