SOCIAL AND HEALTH SERVICES
The Siting and Operation
of
Secure Community Transition Facilities
Published in Fulfillment of the Requirements of
Chapter 12, Laws of 2001, E2, Section 201 (6)(b)
Prepared by
The Special Commitment Center
Mark Seling, Superintendent
Department of Social and Health Services
Health and Rehabilitative Services Administration
Timothy R. Brown, Ph.D., Assistant Secretary
October 1, 2001
A. Background
On June 26, 2001, Governor Gary Locke signed into law 3ESSB 6151 (Chapter 12, Laws of 2001, E2). This omnibus legislation addresses four important policy issues related to the control and treatment of sexually violent predators who are civilly committed under Chapter 71.09 RCW to the Special Commitment Center (SCC). The new law:
1. Authorizes the Department of Social and Health Services (DSHS) to establish and operate a 24-bed secure community transition facility on McNeil Island for SCC residents on court-ordered conditional release from total confinement;
2. Reforms the state's sentencing structure for persons who commit serious sexual offenses;
3. Establishes procedures DSHS and local governments must follow to site additional secure community transition facilities in other areas of the state; and
4. Provides limited liability coverage for certified sex offender treatment providers meeting certain requirements.
B. Statutory Directive to DSHS to Publish Policy Guidelines
This document is in fulfillment of Section 201 (6)(b), which requires DSHS "[to consult] with the joint select committee established in section 225 of this act, [to] develop and publish policy guidelines for the siting and operation of secure community transition facilities by October 1, 2001." The law also directs counties and cities to adopt or amend as needed their local procedures and regulations "to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities."
The DSHS policy guidelines are based on the new law's
facility siting and operating requirements that address
public safety, site security, and general site and program
characteristics. In addition to requiring DSHS to publish
policy guidelines, the law directs DSHS to work closely with
local governments on the siting of future secure community
transition facilities (SCTF). The law also requires DSHS to
approve selected SCTF sites. When approving future SCTF
sites, DSHS will give priority consideration to public
safety and security as required by law.
C. DSHS Technical Assistance Available to Local Governments
To assist local jurisdictions in determining potential suitable sites for secure community transition facilities, DSHS is developing a geographic information system (GIS). This system will have the capacity to generate local area maps depicting available data such as:
1. Locations of most existing risk potential activities and facilities;
2. Distances between potential SCTF sites and risk potential sites;
3. The number and location of existing residential facility beds operated by the Department of Corrections or the DSHS Mental Health Division in each jurisdiction;
4. The number of registered level II and level III sex offenders in specific areas (for example, a rate per 1000 population), including those who are listed as homeless (to the extent their locations are available from the counties); and
5. The average law enforcement emergency response time of local areas (to the extent these data are available from the local jurisdictions).
The department welcomes the opportunity to work with local governments throughout this process. DSHS staff are available to provide technical support and consultation to local governments on the DSHS GIS data and the DSHS policy guidelines, and assist local governments in amending, as needed, their local comprehensive plans, development regulations, zoning codes, and conditional use permit procedures. DSHS staff contacts are listed in the appendix of this document.
II. Equitable Distribution of Secure Community Transition Facilities
The legislature requires DSHS to work with and assist local governments to provide for the equitable distribution1 of secure community transition facilities. In the process of coordinating and deciding upon the siting of these facilities, Section 201(8) requires the counties and cities to give great weight to:
A. The number and location of existing residential facilities operated by the Department of Corrections and the DSHS Mental Health Division in each jurisdiction in the county; and
B. The number of registered sex offenders classified as level II or level III and the number of sex offenders registered as homeless residing in each jurisdiction in the county.
III. Minimum Siting Requirements in 3ESSB 6151
In the process of siting secure community transition facilities, the law requires local governments and the DSHS guidelines to address several significant factors relating to public safety, SCTF program components, and site characteristics. The law defines some of these factors as mandatory requirements that must be met when a facility is sited. For others, however, the law allows local governments some flexibility and discretion. Sections 204, 205, and 213 of 3ESSB 6151 direct local governments to consider the DSHS guidelines and establish development regulations, ordinances, plans, laws, and criteria decisions that are consistent with statutory requirements.
This section describes the statutorily mandated or minimum siting criteria that are defined and required in the law. Subsequent sections of this document contain DSHS' guidelines intended to assist local governments in the decision-making process.
A. DSHS' Approval of Selected Sites
The law requires DSHS to approve any sites selected.2 DSHS will not approve any sites that do not meet all minimum requirements established in the law and included in Section III (this section) of the DSHS guidelines. As stated earlier, in approving sites, DSHS will give priority consideration to public safety and security factors.
B. Local Plans and Regulations May Not Preclude SCTF Siting
Secure community transition facilities are defined as "essential public facilities."3 As such, no local comprehensive plan or development regulation may preclude the siting of an SCTF. The siting requirements of 3ESSB 6151 are rooted in the concept of "fair share." Over time, these facilities need to be sited in all geographic areas of the state. In allowing local governments some discretion in the process of determining where to site SCTFs, the law recognizes that all jurisdictions are not equal. Differences in population density, availability of community and government resources, topography, etc., will make some areas more or less appropriate than others to be SCTF sites.
Therefore, local governments are encouraged to work together to implement comprehensive plans, ordinances, regulations, and permit procedures that meet the public safety and other requirements of the law and do not preclude siting. As stated earlier, DSHS stands ready to be of assistance to local governments.
C. Minimum Facility Size
The minimum size for any secure community transition facility is three beds.4
D. Public Safety Minimum Requirements
1. Proximity of SCTF to Risk Potential Activities and Facilities.
The law directs that the DSHS guidelines must not permit the location of a SCTF adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a site is listed for consideration.5 The law defines "risk potential activity" or "risk potential facility" to mean "an activity or facility that provides a higher incidence of risk to the public from persons conditionally released from the special commitment center." Included in this definition6 are the following:
a. Public and private schools;
b. School bus stops;
c. Licensed day care and licensed preschool facilities;
d. Public parks, publicly dedicated trails, and sports fields;
e. Recreational and community centers;
f. Churches, synagogues, temples, and mosques; and
g. Public libraries
See Part IV for the suggested method for measuring distances between potential SCTF locations and risk potential activities or facilities.
2. Site Security
Security systems for all secure community transition facilities must meet the following minimum qualifications7:
a. The security panel must be a commercial grade panel with tamper-proof switches and a key-lock to prevent unauthorized access.
b. There must be an emergency electrical supply system that includes a battery back-up system and a generator.
c. The system must include personal panic devices for all staff.
d. The security system must be capable of being monitored and signaled either by telephone through either a land or cellular telephone system or by private radio network in the event of a total dial-tone failure or through equivalent technologies.
e. When on duty, SCTF staff must wear DSHS-issued photo-identification badges at all times.
3. SCTF Program Components
a. Treatment Providers Available
The law requires that appropriate mental health and sex offender treatment providers must be available within a reasonable commute.8 DSHS recognizes that the definitions of "available" and "reasonable commute" may vary from one area to another. "Availability" is measured by considering a number of factors including the qualifications of the available providers, their willingness to provide services, commute time and cost, etc.
As a rule of thumb, DSHS considers a one-hour commute time to be reasonable. However, this is an approximation. Actual commute times may vary depending upon travel routes, traffic, weather, and the norms for the area. For example, people who live in rural areas may have to travel more than an hour one-way for doctors' appointments and other services.
b. Program Staffing Requirements
Section 216 provides specific program staffing requirements for secure community transition facilities. Since these requirements do not have a direct effect on the siting of SCTFs, they are included in the appendix of this document.
4. SCTF Site Characteristics
Minimum required site characteristics include:
a. As described in Section III.D.2, a potential SCTF site must have available and reliable security monitoring services and appropriate back-up systems.9
b. The site or building must be available for purchase or lease for the anticipated use period.10
c. Appropriate permitting for a secure community transition facility must be possible under the zoning code of the local jurisdiction.
IV. Measuring the Distance Between Potential SCTF Sites and Existing Risk Potential Sites
The law requires the DSHS guidelines to specify how distance from the potential SCTF site and risk potential sites must be measured, including variations in that method based on the size of the SCTF property.
A. Typical Measurement Method
Distance between potential SCTF sites and existing risk sites typically should be measured "as the crow flies" in a straight line from point to point. Natural or man-made barriers, however, may exist that make this an invalid method of measurement. For example, the SCTF site and a risk potential facility are located on opposite sides of a six-lane fenced freeway. Another example may be a river or large crevasse running between the two sites. In either case, the "as the crow flies" measurement would be an inappropriate method to determine distance. The shortest reasonable distance, for example, may be the distance as measured down the street from one site and across a bridge to the other site.
B. Measurement Method for Larger Properties
It is possible that a potential SCTF site could be located on property that is significantly larger than a typical residential lot. For example, a SCTF may be located within several acres in a semi-rural area. In this case, a risk potential facility that is adjacent to or across the street from the perimeter of the SCTF property does not automatically disqualify the SCTF property from further consideration. The local jurisdiction should measure the distance "as the crow flies" between the risk potential facility and the existing or potential location of the SCTF building. Again, as in the method above, this measurement method may be modified to account for natural or man-made barriers. If the measured distance is such that it is not possible to reasonably visually distinguish and recognize individuals, then the property may be considered further.
V. Identification and Review of Potential SCTF Sites
Section 213 of the law requires DSHS to develop guidelines that "balance the average response time of emergency services to the general area of a proposed secure community transition facility against the proximity of the proposed secure community transition facility site to risk potential activities and facilities in existence at the time the site is listed for consideration." As indicated in Part III.D.1, the statute further clarifies that this balance must:
| • | "Endeavor to achieve" an average law enforcement response time not greater than five minutes; and |
| • | In no case, permit secure community transition facilities to be sited in locations that are adjacent to, immediately across a street or parking lot from, or within the line of sight of a risk potential activity or facility in existence at the time a site is listed for consideration. |
A. First Step: Identify Potential SCTF Site(s) and Determine the Average Law Enforcement Response Time of the Local Area(s)
The local jurisdictions should identify potential SCTF site(s) and determine which are in areas with an average law enforcement emergency response time of five minutes or less, and which are in areas with an average response time greater than five minutes. To qualify for the second-step review, sites in areas with average response time greater than five minutes must be in areas that are within a reasonable range of five minutes, or with minimal changes, could be within a reasonable range. Local jurisdictions should document in writing the mitigating circumstances that support consideration of sites in areas with average response times greater than five minutes.
B. Second Step: Perform a Qualitative Review of Potential Sites
Local jurisdictions should use the following questions to perform a qualitative review of the potential sites in areas with reasonable average response time. There may be other factors unique to the local area that local jurisdiction(s) may want to consider. If so, the local jurisdictions should document what those factors are and the justification for their consideration. The following questions are not listed in priority order:
1. Where are the existing risk potential activities or facilities located in relation to the potential SCTF site? The law requires that great weight be given to sites that are located the farthest from any risk potential activity or facility. (Refer to Part IV.B for measuring distance).
2. How many and what type of risk potential facilities exist within an area surrounding a potential SCTF site? The jurisdiction may wish to determine this number within circles of varying distance from the potential SCTF site. For example, one circle may have a radius equal to the time it takes an average person to walk one or two miles. Other circles may be drawn representing fixed distances from the SCTF site.
3. Are there factors that make an existing risk potential facility more vulnerable than others? For example, how frequently is the facility used? Who typically uses the risk potential facility? Do children or other vulnerable persons frequent the location with little or no supervision? Do people typically frequent the site in large groups? In small groups? Individually? Is there site security available at a risk potential facility that makes it less vulnerable than others?
4. What is the topography of the potential SCTF site and/or nearby risk potential sites? Are there natural or man-made barriers (e.g., rivers, crevasses or rugged territory, fences or berms) that exist or could be constructed at reasonable cost?
5. What is the general character of the surrounding area? Is it densely populated with family residential areas nearby? Is it in an area that currently has a mixed use?
6. What are the traffic patterns and access in the surrounding area? Are there reasonably direct routes that law enforcement or other personnel can follow to respond promptly to an emergency?
C. Third Step: Address Final Review Questions
In the second and third steps, local jurisdictions may determine that some of the potential SCTF sites should be eliminated from further consideration. As a final step, local jurisdictions should review the remaining sites against the statutory requirements to balance response time and distance from risk potential facilities, consider equitable distribution factors, the availability of treatment providers, and zoning. DSHS provides the following questions for this review:
1. What is the average response time of the area(s) being reviewed? In comparing potential SCTF sites, the jurisdiction should "endeavor to achieve" a five-minute response time. Therefore, if all other factors are equal, jurisdiction(s) should give great weight to sites within areas that have relatively short response times.
2. If the area response time is greater than five minutes, what is the capacity of the local law enforcement agency to respond and secure the area in order to minimize the potential flight of an SCTF resident?
3. Are there existing correctional or mental health residential facilities in the surrounding area? How many? How many level II and level III sex offenders reside in the area?
4. What is the zoning of the area? What zoning changes, if any, would need to be made to accommodate the SCTF?
5. What is the availability of certified sex offender treatment providers and potential educational and employment opportunities in the surrounding area?
VI. Comparing and Selecting Potential SCTF Sites
DSHS will work with local jurisdictions in the process of comparing and selecting potential SCTF sites. When local jurisdictions have identified potential SCTF sites meeting the requirements, DSHS will review the local jurisdiction(s) recommendations and, as required by the law, make selections after considering the following:
A. The jurisdiction(s) have satisfactorily addressed the issue of law enforcement emergency response time.
B. Limited visibility can be achieved and maintained between the SCTF facility and adjacent properties before any persons are placed in the facility.
C. There are natural barriers that exist or barriers that can be established between the SCTF site and risk potential activities or facilities that are nearby.
D. If an existing building is to be used for the SCTF, it is suitable as is or can be feasibly modified.
E. Electronic monitoring services that allow specific monitoring of individual residents are available in the area.
F. Traffic and access patterns associated with property are acceptable and do not create an undue burden on the neighboring territory.
G. It is feasible to comply with zoning requirements within the necessary time frame.
H. The facility has sufficient capacity for at least three residents and appropriate space for staff and program operations.
I. Contractor(s) are available to install, monitor, and repair the necessary security and alarm systems.
J. The rental, lease, or sale terms of the SCTF property are reasonable. This includes considering the length of the rental or lease agreement and the option to renew.
K. There is reasonable proximity to available medical, mental health, sex offender, and chemical dependency treatment providers and facilities.
L. The location is suitable for programming, staffing, and support.
M. There is reasonable proximity to employment, educational, vocational, and other treatment plan components.
N. For purposes of this consideration "availability of qualified treatment providers," takes into account provider qualifications and willingness to provide services, average commute time, and cost of services.
I. Staffing Requirements
Section 216 requires secure community transition facilities to meet the following minimum staffing requirements:
A. At any time the census of a facility is six or fewer residents, the facility must maintain a minimum staffing ratio of one staff per resident during normal waking hours and two awake staff per three residents during normal sleeping hours.
B. At any time the census of a facility is six or fewer residents, all staff must be classified as residential rehabilitation counselor II or have a classification that indicates a higher level of skill, experience, and training.
C. Before being assigned to a facility, all staff must have training in sex offender issues, self-defense, and crisis de-escalation skills in addition to departmental orientation and, as appropriate, management training. All staff with resident treatment or care duties must participate in ongoing in-service training.
D. All staff must pass a DSHS check and the check is not subject to the limitations in chapter 9.96A RCW. A person who has been convicted of a felony, or any sex offense, may not be employed at the secure community transition facility or be approved as an escort for a resident of the facility.
II. DSHS Staff Contacts for Technical Assistance
Please direct requests for assistance to either of the following:
Beverly Wilson, Associate Superintendent
Community Planning and Policy
DSHS Special Commitment Center
P.O. Box 45322
Olympia, Washington 98504-5322
360.902.8257
wilsobk2@dshs.wa.gov
OR
Elizabeth McNagny, Housing Policy and Land Use Administrator
DSHS Lands and Buildings Division
P.O. Box 45848
Olympia, Washington 98504-5848
360.902.8164
mcnagec@dshs.wa.gov
1Section 201 (9)(a) defines "equitable distribution" as the "siting or locating secure community transition facilities in a manner that will not cause a disproportionate grouping of similar facilities either in any one county, or in any one jurisdiction or community within a county, as relevant."
2Section 204 (2)(d)
3Section 205(1)
4Section 204 (2)(c)
5Section 213(2). This section also defines "within line of sight" to mean that it is possible to reasonably visually distinguish and recognize individuals.
6Section 102(7)
7Section 215
8Section 214 (1)(d)
9Section 214 (1)(c)
10Section 214 (1)(b)
11A "site" could be one parcel of land or a zone that includes at least one parcel that meets all requirements for siting a secure community transition facility.
Reviser's note: The brackets and enclosed material in the text above occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.