reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.045 - Indigent defense services—Activities beyond the scope of representation by the office of public defense.

RCW 71.09.045
Indigent defense services—Activities beyond the scope of representation by the office of public defense.
The following activities, unless provided as part of investigation and preparation for any hearing or trial under this chapter, are beyond the scope of representation of an attorney under contract with the office of public defense pursuant to chapter 2.70 RCW for the purposes of providing indigent defense services in sexually violent predator civil commitment proceedings:
(1) Investigation or legal representation challenging the conditions of confinement at the special commitment center or any secure community transition facility;
(2) Investigation or legal representation for making requests under the public records act, chapter 42.56 RCW;
(3) Legal representation or advice regarding filing a grievance with the department as part of its grievance policy or procedure;
(4) Such other activities as may be excluded by policy or contract with the office of public defense.
[ 2012 c 257 § 8.]
NOTES:
Effective date—2012 c 257: See note following RCW 2.70.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.050 - Trial—Rights of parties.

RCW 71.09.050
Trial—Rights of parties.
(1) Within forty-five days after the completion of any hearing held pursuant to RCW 71.09.040, the court shall conduct a trial to determine whether the person is a sexually violent predator. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and when the respondent will not be substantially prejudiced. The prosecuting agency shall have a right to a current evaluation of the person by experts chosen by the state. The judge may require the person to complete any or all of the following procedures or tests if requested by the evaluator: (a) A clinical interview; (b) psychological testing; (c) plethysmograph testing; and (d) polygraph testing. The judge may order the person to complete any other procedures and tests relevant to the evaluation. The state is responsible for the costs of the evaluation. At all stages of the proceedings under this chapter, any person subject to this chapter shall be entitled to the assistance of counsel, and if the person is indigent as defined in RCW 10.101.010, the court, as provided in RCW 10.101.020, shall appoint office of public defense contracted counsel to assist him or her. The person shall be confined in a secure facility for the duration of the trial.
(2) Whenever any indigent person is subjected to an evaluation under this chapter, the office of public defense is responsible for the cost of one expert or professional person to conduct an evaluation on the person's behalf. When the person wishes to be evaluated by a qualified expert or professional person of his or her own choice, the expert or professional person must be permitted to have reasonable access to the person for the purpose of such evaluation, as well as to all relevant medical and psychological records and reports. In the case of a person who is indigent, the court shall, upon the person's request, assist the person in obtaining an expert or professional person to perform an evaluation or participate in the trial on the person's behalf. Nothing in this chapter precludes the person from paying for additional expert services at his or her own expense.
(3) The person, the prosecuting agency, or the judge shall have the right to demand that the trial be before a twelve-person jury. If no demand is made, the trial shall be before the court.
[ 2012 c 257 § 5; 2010 1st sp.s. c 28 § 1; 2009 c 409 § 5; 1995 c 216 § 5; 1990 c 3 § 1005.]
NOTES:
Effective date—2012 c 257: See note following RCW 2.70.020.
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.055 - Expert evaluations of indigent persons—Costs.

RCW 71.09.055
Expert evaluations of indigent persons—Costs.
(1) The office of public defense is responsible for the cost of one expert or professional person conducting an evaluation on an indigent person's behalf as provided in RCW 71.09.050, 71.09.070, or 71.09.090.
(2) Expert evaluations are capped at ten thousand dollars, to include all professional fees, travel, per diem, and other costs. Partial evaluations are capped at five thousand five hundred dollars and expert services apart from an evaluation, exclusive of testimony at trial or depositions, are capped at six thousand dollars.
(3) The office of public defense will pay for the costs related to the evaluation of an indigent person by an additional examiner or in excess of the stated fee caps only upon a finding by the superior court that such appointment or extraordinary fees are for good cause.
[ 2012 c 257 § 9.]
NOTES:
Effective date—2012 c 257: See note following RCW 2.70.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.085 - Medical care—Contracts for services—Authorization to act on behalf of civilly committed residents.

RCW 71.09.085
Medical care—Contracts for services—Authorization to act on behalf of civilly committed residents.
(1) Notwithstanding any other provisions of law, the secretary may enter into contracts with health care practitioners, health care facilities, and other entities or agents as may be necessary to provide basic medical care to residents. The contracts shall not cause the termination of classified employees of the department rendering the services at the time the contract is executed.
(2) In contracting for services, the secretary is authorized to provide for indemnification of health care practitioners who cannot obtain professional liability insurance through reasonable effort, from liability on any action, claim, or proceeding instituted against them arising out of the good faith performance or failure of performance of services on behalf of the department. The contracts may provide that for the purposes of chapter 4.92 RCW only, those health care practitioners with whom the department has contracted shall be considered state employees.
(3) To the extent that federal law allows and financial participation is available, the secretary or secretary’s designee is authorized to act on behalf of a civilly committed resident for the purposes of applying for medicare and medicaid benefits, veterans health benefits, or other health care benefits or reimbursement available as a result of participation in a health care exchange as defined by the affordable care act.
[ 2015 c 271 § 1; 2002 c 58 § 1.]
NOTES:
Effective date—2002 c 58: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 21, 2002]." [ 2002 c 58 § 3.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.092 - Conditional release to less restrictive alternative—Findings.

RCW 71.09.092
Conditional release to less restrictive alternative—Findings.
Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (1) The person will be treated by a treatment provider who is qualified to provide such treatment in the state of Washington under chapter 18.155 RCW; (2) the treatment provider has presented a specific course of treatment and has agreed to assume responsibility for such treatment and will report progress to the court on a regular basis, and will report violations immediately to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center; (3) housing exists in Washington that complies with distance restrictions, is sufficiently secure to protect the community, and the person or agency providing housing to the conditionally released person has agreed in writing to accept the person, to provide the level of security required by the court, and immediately to report to the court, the prosecutor, the supervising community corrections officer, and the superintendent of the special commitment center if the person leaves the housing to which he or she has been assigned without authorization; (4) if the department has proposed housing that is outside of the county of commitment, a documented effort was made by the department to ensure that placement is consistent with fair share principles of release; (5) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (6) the person will be under the supervision of the department of corrections and is willing to comply with supervision requirements imposed by the department of corrections.
[ 2021 c 236 § 5; 2009 c 409 § 9; 1995 c 216 § 10.]
NOTES:
Findings—2021 c 236: See note following RCW 71.09.020.
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.094 - Conditional release to less restrictive alternative—Verdict.

RCW 71.09.094
Conditional release to less restrictive alternative—Verdict.
(1) Upon the conclusion of the evidence in a hearing held pursuant to RCW 71.09.090 or through summary judgment proceedings prior to such a hearing, if the court finds that there is no legally sufficient evidentiary basis for a reasonable jury to find that the conditions set forth in RCW 71.09.092 have been met, the court shall grant a motion by the state for a judgment as a matter of law on the issue of conditional release to a less restrictive alternative.
(2) Whenever the issue of conditional release to a less restrictive alternative is submitted to the jury, the court shall instruct the jury to return a verdict in substantially the following form: Has the state proved beyond a reasonable doubt that either: (a) The proposed less restrictive alternative is not in the best interests of respondent; or (b) does not include conditions that would adequately protect the community? Answer: Yes or No.
[ 2001 c 286 § 11; 1995 c 216 § 11.]
NOTES:
Recommendations—Application—Effective date—2001 c 286: See notes following RCW 71.09.015.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.099 - Conditional release to less restrictive alternative—Conditional release and transition facilities study.

RCW 71.09.099
Conditional release to less restrictive alternative—Conditional release and transition facilities study.
To facilitate the primary role of the department in identifying less restrictive alternative placements under RCW 71.09.090 and discharge planning under RCW 71.09.080, subject to the availability of amounts appropriated for this specific purpose, the department shall conduct a study to explore the development of conditional release and transition facilities, which may include community-based state-operated living alternatives similar to the state-operated living alternative program operated by the developmental disabilities administration. Any facilities or placements developed under this section may be identified through a request for proposal process or through direct state acquisition and development. Any contracts with facilities or placements entered into under this section shall include a provision requiring oversight by the department to ensure the programs are operating appropriately.
[ 2021 c 236 § 10.]
NOTES:
Findings—2021 c 236: See note following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.110 - Department of social and health services—Duties—Reimbursement.

RCW 71.09.110
Department of social and health services—Duties—Reimbursement.
The department of social and health services shall be responsible for the costs relating to the treatment of persons committed to their custody whether in a secure facility or under a less restrictive alternative as provided in this chapter. Reimbursement may be obtained by the department for the cost of care and treatment of persons committed to its custody whether in a secure facility or under a less restrictive alternative pursuant to RCW 43.20B.330 through 43.20B.370.
[ 2012 c 257 § 10; 2010 1st sp.s. c 28 § 3; 1995 c 216 § 14; 1990 c 3 § 1011.]
NOTES:
Effective date—2012 c 257: See note following RCW 2.70.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.111 - Department of social and health services—Disclosures to the prosecuting agency.

RCW 71.09.111
Department of social and health services—Disclosures to the prosecuting agency.
The department of social and health services shall provide to the prosecuting agency a copy of all reports made by the department to law enforcement in which a person detained or committed under this chapter is named or listed as a suspect, witness, or victim, as well as a copy of all reports received from law enforcement.
[ 2009 c 409 § 12.]
NOTES:
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.112 - Department of social and health services—Jurisdiction and revocation of conditional release after criminal conviction—Exception.

RCW 71.09.112
Department of social and health services—Jurisdiction and revocation of conditional release after criminal conviction—Exception.
A person subject to court order under the provisions of this chapter who is thereafter convicted of a criminal offense remains under the jurisdiction of the department and shall be returned to the custody of the department following: (1) Completion of the criminal sentence; or (2) release from confinement in a state, federal, or local correctional facility. Any conditional release order shall be immediately revoked upon conviction for a criminal offense.
This section does not apply to persons subject to a court order under the provisions of this chapter who are thereafter sentenced to life without the possibility of release.
[ 2009 c 409 § 13; 2002 c 19 § 1.]
NOTES:
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.115 - Record check required for employees of secure facility.

RCW 71.09.115
Record check required for employees of secure facility.
(1) The safety and security needs of the secure facility operated by the department of social and health services pursuant to RCW 71.09.060(1) make it vital that employees working in the facility meet necessary character, suitability, and competency qualifications. The secretary shall require a record check through the Washington state patrol criminal identification system under chapter 10.97 RCW and through the federal bureau of investigation. The record check must include a fingerprint check using a complete Washington state criminal identification fingerprint card. The criminal history record checks shall be at the expense of the department. The secretary shall use the information only in making the initial employment or engagement decision, except as provided in subsection (2) of this section. Further dissemination or use of the record is prohibited.
(2) This section applies to all current employees hired prior to June 6, 1996, who have not previously submitted to a department of social and health services criminal history records check. The secretary shall use the information only in determining whether the current employee meets the necessary character, suitability, and competency requirements for employment or engagement.
[ 1996 c 27 § 1.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.120 - Release of information authorized.

RCW 71.09.120
Release of information authorized.
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public, concerning a specific sexually violent predator committed under this chapter.
(2) The department and the courts are authorized to release to the office of public defense records needed to implement the office's administration of public defense in these cases, including research, reports, and other functions as required by RCW 2.70.020 and 2.70.025. The office of public defense shall maintain the confidentiality of all confidential information included in the records.
(3) The inspection or copying of any nonexempt public record by persons residing in a civil commitment facility for sexually violent predators may be enjoined following procedures identified in RCW 42.56.565. The injunction may be requested by:
(a) An agency or its representative;
(b) A person named in the record or his or her representative;
(c) A person to whom the request specifically pertains or his or her representative.
[ 2012 c 257 § 11; 1990 c 3 § 1012.]
NOTES:
Effective date—2012 c 257: See note following RCW 2.70.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.130 - Notice of escape or disappearance—Warrants—Liability.

RCW 71.09.130
Notice of escape or disappearance—Warrants—Liability.
(1) In the event of an escape by a person committed under this chapter from a state institution or the disappearance of such a person while on conditional release, the superintendent or community corrections officer shall notify the following as appropriate: Local law enforcement officers, other governmental agencies, the person's relatives, and any other appropriate persons about information necessary for the public safety or to assist in the apprehension of the person.
(2) If a person committed under this chapter disappears while on conditional release, the department of corrections may enter a warrant for the person's arrest for up to 96 hours pending entry of a bench warrant by the court.
(3) The department of corrections, its officers, agents, and employees are not liable for the acts of individuals on conditional release unless the department of corrections, its officers, agents, and employees acted with gross negligence.
(4) The department, its officers, agents, and employees are not liable for the acts of individuals on conditional release unless the department, its officers, agents, and employees acted with gross negligence.
[ 2021 c 236 § 7; 1995 c 216 § 16.]
NOTES:
Findings—2021 c 236: See note following RCW 71.09.020.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.135 - McNeil Island—Escape planning, response.

RCW 71.09.135
McNeil Island—Escape planning, response.
The emergency response team for McNeil Island shall plan, coordinate, and respond in the event of an escape from the special commitment center or the secure community transition facility.
[ 2003 c 216 § 6.]
NOTES:
Severability—Effective date—2003 c 216: See notes following RCW 71.09.300.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.200 - Escorted leave—Definitions.

RCW 71.09.200
Escorted leave—Definitions.
For purposes of RCW 71.09.210 through 71.09.230:
(1) "Escorted leave" means a leave of absence from a facility housing persons detained or committed pursuant to this chapter under the continuous supervision of an escort.
(2) "Escort" means a correctional officer or other person approved by the superintendent or the superintendent's designee to accompany a resident on a leave of absence and be in visual or auditory contact with the resident at all times.
(3) "Resident" means a person detained or committed pursuant to this chapter.
[ 1995 c 216 § 18.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.210 - Escorted leave—Conditions.

RCW 71.09.210
Escorted leave—Conditions.
The superintendent of any facility housing persons detained or committed pursuant to this chapter may, subject to the approval of the secretary, grant escorted leaves of absence to residents confined in such institutions to:
(1) Go to the bedside of the resident's wife, husband, child, mother or father, or other member of the resident's immediate family who is seriously ill;
(2) Attend the funeral of a member of the resident's immediate family listed in subsection (1) of this section; and
(3) Receive necessary medical or dental care which is not available in the institution.
[ 1995 c 216 § 19.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.220 - Escorted leave—Notice.

RCW 71.09.220
Escorted leave—Notice.
A resident shall not be allowed to start a leave of absence under RCW 71.09.210 until the secretary, or the secretary's designee, has notified any county and city law enforcement agency having jurisdiction in the area of the resident's destination.
[ 1995 c 216 § 20.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.230 - Escorted leave—Rules.

RCW 71.09.230
Escorted leave—Rules.
(1) The secretary is authorized to adopt rules providing for the conditions under which residents will be granted leaves of absence and providing for safeguards to prevent escapes while on leaves of absence. Leaves of absence granted to residents under RCW 71.09.210, however, shall not allow or permit any resident to go beyond the boundaries of this state.
(2) The secretary shall adopt rules requiring reimbursement of the state from the resident granted leave of absence, or the resident's family, for the actual costs incurred arising from any leave of absence granted under the authority of RCW 71.09.210 (1) and (2). No state funds shall be expended in connection with leaves of absence granted under RCW 71.09.210 (1) and (2) unless the resident and the resident's immediate family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of absence.
[ 1995 c 216 § 21.]
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.252 - Transition facilities—Agreements for regional facilities.

RCW 71.09.252
Transition facilities—Agreements for regional facilities.
(1) To encourage economies of scale in the siting and operation of secure community transition facilities, the department may enter into an agreement with two or more counties to create a regional secure community transition facility. The agreement must clearly identify the number of beds from each county that will be contained in the regional secure community transition facility. The agreement must specify which county must contain the regional secure community transition facility and the facility must be sited accordingly. No county may withdraw from an agreement under this section unless it has provided an alternative acceptable secure community transition facility to house any displaced residents that meets the criteria established for such facilities in this chapter and the guidelines established by the department.
(2) A regional secure community transition facility must meet the criteria established for secure community transition facilities in this chapter and the guidelines established by the department.
(3) The department shall count the beds identified for each participating county in a regional secure community transition facility against the maximum number of beds that could be required for each county under RCW 71.09.250(7)(a).
(4) An agreement for a regional secure community transition facility does not alter the maximum number of beds for purposes of the incentive grants under RCW 71.09.255 for the county containing the regional facility.
[ 2002 c 68 § 18.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.255 - Transition facilities—Incentive grants and payments.

RCW 71.09.255
Transition facilities—Incentive grants and payments.
(1) Upon receiving the notification required by RCW 71.09.250, counties must promptly notify the cities within the county of the maximum number of secure community transition facility beds that may be required and the projected number of beds to be needed in that county.
(2) The incentive grants and payments provided under this section are subject to the following provisions:
(a) Counties and the cities within the county must notify each other of siting plans to promote the establishment and equitable distribution of secure community transition facilities;
(b) Development regulations, ordinances, plans, laws, and criteria established for siting must be consistent with statutory requirements and rules applicable to siting and operating secure community transition facilities;
(c) The minimum size for any facility is three beds; and
(d) The department must approve any sites selected.
(3) Any county or city that makes a commitment to initiate the process to site one or more secure community transition facilities by one hundred twenty days after March 21, 2002, shall receive a planning grant as proposed and approved by the department of commerce.
(4) Any county or city that has issued all necessary permits by May 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive an incentive grant in the amount of fifty thousand dollars for each bed sited.
(5) To encourage the rapid permitting of sites, any county or city that has issued all necessary permits by January 1, 2003, for one or more secure community transition facilities that comply with the requirements of this section shall receive a bonus in the amount of twenty percent of the amount provided under subsection (4) of this section.
(6) Any county or city that establishes secure community transition facility beds in excess of the maximum number that could be required to be sited in that county shall receive a bonus payment of one hundred thousand dollars for each bed established in excess of the maximum requirement.
(7) No payment shall be made under subsection (4), (5), or (6) of this section until all necessary permits have been issued.
(8) The funds available to counties and cities under this section are contingent upon funds being appropriated by the legislature.
[ 2023 c 470 § 2119; 2002 c 68 § 8; 2001 2nd sp.s. c 12 § 204.]
NOTES:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.260 - Transition facilities not limited to residential neighborhoods.

RCW 71.09.260
Transition facilities not limited to residential neighborhoods.
The provisions of chapter 12, Laws of 2001 2nd sp. sess. shall not be construed to limit siting of secure community transition facilities to residential neighborhoods.
[ 2001 2nd sp.s. c 12 § 206.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.265 - Transition facilities—Distribution of impact.

RCW 71.09.265
Transition facilities—Distribution of impact.
(1) The department shall make reasonable efforts to distribute the impact of the employment, education, and social services needs of the residents of the secure community transition facility established pursuant to RCW 71.09.250(1) among the adjoining counties and not to concentrate the residents' use of resources in any one community.
(2) The department shall develop policies to ensure that, to the extent possible, placement of persons eligible in the future for conditional release to a setting less restrictive than the facility established pursuant to RCW 71.09.250(1) will be equitably distributed among the counties and within jurisdictions in the county.
[ 2001 2nd sp.s. c 12 § 208.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.275 - Transition facility—Transportation of residents.

RCW 71.09.275
Transition facility—Transportation of residents.
(1) If the department does not provide a separate vessel for transporting residents of the secure community transition facility established in RCW 71.09.250(1) between McNeil Island and the mainland, the department shall:
(a) Separate residents from minors and vulnerable adults, except vulnerable adults who have been found to be sexually violent predators.
(b) Not transport residents during times when children are normally coming to and from the mainland for school.
(2) The department shall designate a separate waiting area at the points of debarkation, and residents shall be required to remain in this area while awaiting transportation.
(3) The department shall provide law enforcement agencies in the counties and cities in which residents of the secure community transition facility established pursuant to RCW 71.09.250(1)(a)(i) regularly participate in employment, education, or social services, or through which these persons are regularly transported, with a copy of the court's order of conditional release with respect to these persons.
[ 2003 c 216 § 4; 2001 2nd sp.s. c 12 § 211.]
NOTES:
Severability—Effective date—2003 c 216: See notes following RCW 71.09.300.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.280 - Transition facility—Release to less restrictive placement.

RCW 71.09.280
Transition facility—Release to less restrictive placement.
When considering whether a person civilly committed under this chapter and conditionally released to a secure community transition facility is appropriate for release to a placement that is less restrictive than that facility, the court shall comply with the procedures set forth in RCW 71.09.090 through 71.09.096. In addition, the court shall consider whether the person has progressed in treatment to the point that a significant change in the person's routine, including but not limited to a change of employment, education, residence, or sex offender treatment provider will not cause the person to regress to the point that the person presents a greater risk to the community than can reasonably be addressed in the proposed placement.
[ 2001 2nd sp.s. c 12 § 212.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.285 - Transition facility—Siting policy guidelines.

RCW 71.09.285
Transition facility—Siting policy guidelines.
(1) Except with respect to the secure community transition facility established pursuant to RCW 71.09.250, the secretary shall develop policy 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 site to risk potential activities and facilities in existence at the time the site is listed for consideration.
(2) In no case shall the policy guidelines permit location of a facility 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. "Within the line of sight" means that it is possible to reasonably visually distinguish and recognize individuals.
(3) The policy guidelines shall require that great weight be given to sites that are the farthest removed from any risk potential activity.
(4) The policy guidelines shall specify how distance from the location is measured and any variations in the measurement based on the size of the property within which a proposed facility is to be located.
(5) The policy guidelines shall establish a method to analyze and compare the criteria for each site in terms of public safety and security, site characteristics, and program components. In making a decision regarding a site following the analysis and comparison, the secretary shall give priority to public safety and security considerations. The analysis and comparison of the criteria are to be documented and made available at the public hearings prescribed in RCW 71.09.315.
(6) Policy guidelines adopted by the secretary under this section shall be considered by counties and cities when providing for the siting of secure community transition facilities as required under RCW 36.70A.200.
[ 2002 c 68 § 5; 2001 2nd sp.s. c 12 § 213.]
NOTES:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.295 - Transition facilities—Security systems.

RCW 71.09.295
Transition facilities—Security systems.
(1) Security systems for all secure community transition facilities shall meet the following minimum qualifications:
(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 which shall include a battery backup 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) The department shall issue photo-identification badges to all staff which must be worn at all times.
(2) Security systems for the secure community transition facility established pursuant to RCW 71.09.250(1) shall also include a fence and provide the maximum protection appropriate in a civil facility for persons in less than total confinement.
[ 2001 2nd sp.s. c 12 § 215.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.300 - Transition facilities—Staffing.

RCW 71.09.300
Transition facilities—Staffing.
Secure community transition facilities shall meet the following minimum staffing requirements:
(1) At any time the census of a facility is six or fewer residents, all staff shall be classified as residential rehabilitation counselor II or have a classification that indicates an equivalent or higher level of skill, experience, and training.
(2)(a) For the secure transition facility located on McNeil Island, the direct care staffing level shall be at least three qualified, trained staff as described in subsection (3) of this section, unless there are no residents housed at the facility, in which case the facility need not staff to this ratio.
(b) For the secure community transition facility located in Seattle, the direct care staffing level shall be at least two qualified, trained staff as described in subsection (3) of this section, unless there are no residents housed at the facility, in which case the facility need not staff to this ratio.
(3) Before being assigned to a facility, all staff must have received 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.
(4) All staff must pass a departmental background 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.
[ 2011 c 19 § 1; 2003 c 216 § 1; 2001 2nd sp.s. c 12 § 216.]
NOTES:
Effective date—2011 c 19: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 11, 2011]." [ 2011 c 19 § 2.]
Severability—2003 c 216: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 216 § 8.]
Effective date—2003 c 216: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [ 2003 c 216 § 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.305 - Transition facility residents—Monitoring, escorting.

RCW 71.09.305
Transition facility residents—Monitoring, escorting.
(1) Unless otherwise ordered by the court:
(a) Residents of a secure community transition facility shall wear electronic monitoring devices at all times. To the extent that electronic monitoring devices that employ global positioning system technology are available and funds for this purpose are appropriated by the legislature, the department shall use these devices.
(b) At least one staff member, or other court-authorized and department-approved person must escort each resident when the resident leaves the secure community transition facility for appointments, employment, or other approved activities. Escorting persons must supervise the resident closely and maintain close proximity to the resident. The escort must immediately notify the department of any serious violation, as defined in RCW 71.09.325, by the resident and must immediately notify law enforcement of any violation of law by the resident. The escort may not be a relative of the resident or a person with whom the resident has, or has had, a dating relationship as defined in RCW 7.105.010.
(2) Staff members of the special commitment center and any other total confinement facility and any secure community transition facility must be trained in self-defense and appropriate crisis responses including incident de-escalation. Prior to escorting a person outside of a facility, staff members must also have training in the offense pattern of the offender they are escorting.
(3) Any escort must carry a cellular telephone or a similar device at all times when escorting a resident of a secure community transition facility.
(4) The department shall require training in offender pattern, self-defense, and incident response for all court-authorized escorts who are not employed by the department or the department of corrections.
[ 2021 c 215 § 156; 2002 c 68 § 6; 2001 2nd sp.s. c 12 § 217.]
NOTES:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.310 - Transition facility residents—Mandatory escorts.

RCW 71.09.310
Transition facility residents—Mandatory escorts.
Notwithstanding the provisions of RCW 71.09.305, residents of the secure community transition facility established pursuant to RCW 71.09.250(1) must be escorted at any time the resident leaves the facility.
[ 2001 2nd sp.s. c 12 § 218.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.320 - Transition facilities—Operational advisory boards.

RCW 71.09.320
Transition facilities—Operational advisory boards.
(1) The secretary shall develop a process with local governments that allows each community in which a secure community transition facility is located to establish operational advisory boards of at least seven persons for the secure community transition facilities. The department may conduct community awareness activities to publicize this opportunity. The operational advisory boards developed under this section shall be implemented following the decision to locate a secure community transition facility in a particular community.
(2) The operational advisory boards may review and make recommendations regarding the security and operations of the secure community transition facility and conditions or modifications necessary with relation to any person who the secretary proposes to place in the secure community transition facility.
(3) The facility management must consider the recommendations of the community advisory boards. Where the facility management does not implement an operational advisory board recommendation, the management must provide a written response to the operational advisory board stating its reasons for its decision not to implement the recommendation.
(4) The operational advisory boards, their members, and any agency represented by a member shall not be liable in any cause of action as a result of its recommendations unless the advisory board acts with gross negligence or bad faith in making a recommendation.
[ 2001 2nd sp.s. c 12 § 220.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.325 - Transition facilities—Conditional release—Reports—Violations.

RCW 71.09.325
Transition facilities—Conditional release—Reports—Violations.
(1) The secretary shall adopt a violation reporting policy for persons conditionally released to less restrictive alternative placements. The policy shall require written documentation by the department and service providers of all violations of conditions set by the department, the department of corrections, or the court and establish criteria for returning a violator to the special commitment center or a secure community transition facility with a higher degree of security. Any conditionally released person who commits a serious violation of conditions shall be returned to the special commitment center, unless arrested by a law enforcement officer, and the court shall be notified immediately and shall initiate proceedings under RCW 71.09.098 to revoke or modify the less restrictive alternative placement. Nothing in this section limits the authority of the department to return a person to the special commitment center based on a violation that is not a serious violation as defined in this section. For the purposes of this section, "serious violation" includes but is not limited to:
(a) The commission of any criminal offense;
(b) Any unlawful use or possession of a controlled substance; and
(c) Any violation of conditions targeted to address the person's documented pattern of offense that increases the risk to public safety.
(2) When a person is conditionally released to a less restrictive alternative under this chapter and is under the supervision of the department of corrections, notice of any violation of the person's conditions of release must also be made to the department of corrections.
(3) Whenever the secretary contracts with a service provider to operate a secure community transition facility, the contract shall include a requirement that the service provider must report to the department of social and health services any known violation of conditions committed by any resident of the secure community transition facility.
(4) The secretary shall document in writing all violations, penalties, actions by the department of social and health services to remove persons from a secure community transition facility, and contract terminations. The secretary shall compile this information and submit it to the appropriate committees of the legislature on an annual basis. The secretary shall give great weight to a service provider's record of violations, penalties, actions by the department of social and health services or the department of corrections to remove persons from a secure community transition facility, and contract terminations in determining whether to execute, renew, or renegotiate a contract with a service provider.
[ 2001 2nd sp.s. c 12 § 221.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.330 - Transition facilities—Contracted operation—Enforcement remedies.

RCW 71.09.330
Transition facilities—Contracted operation—Enforcement remedies.
Whenever the secretary contracts with a provider to operate a secure community transition facility, the secretary shall include in the contract provisions establishing intermediate contract enforcement remedies.
[ 2001 2nd sp.s. c 12 § 222.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.335 - Conditional release from total confinement—Community notification.

RCW 71.09.335
Conditional release from total confinement—Community notification.
A conditional release from a total confinement facility to a less restrictive alternative is a release that subjects the conditionally released person to the registration requirements specified in RCW 9A.44.130 and to community notification under RCW 4.24.550.
When a person is conditionally released to the secure community transition facility established pursuant to RCW 71.09.250(1), the sheriff must provide each household on McNeil Island with the community notification information provided for under RCW 4.24.550.
[ 2001 2nd sp.s. c 12 § 223.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
2023 Revised Code of Washington › Title 71 - Behavioral Health › Chapter 71.09 - Sexually Violent Predators. › 71.09.340 - Conditionally released persons—Employment, educational notification.

RCW 71.09.340
Conditionally released persons—Employment, educational notification.
An employer who hires a person who has been conditionally released to a less restrictive alternative must notify all other employees of the conditionally released person's status. Notification for conditionally released persons who enroll in an institution of higher education shall be made pursuant to the provisions of RCW 9A.44.130 related to sex offenders enrolled in institutions of higher education and RCW 4.24.550. This section applies only to conditionally released persons whose court-approved treatment plan includes permission or a requirement for the person to obtain education or employment and to employment positions or educational programs that meet the requirements of the court-approved treatment plan.
[ 2001 2nd sp.s. c 12 § 224.]
NOTES:
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.