SB 5854 — Sexually violent predators

Summary

Modifying procedures for releasing sexually violent predators to less restrictive alternative placements.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 5 section(s) of the Revised Code of Washington: RCW 71.09.020; RCW 71.09.090; RCW 71.09.092; RCW 71.09.094; RCW 71.09.096.

• RCW 71.09.020

  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Department" means the department of social and health services. (2) "Fair share principles" and "fair share principles of release" means that each county has adequate options for conditional release housing placements in a number generally equivalent to the number of residents from that county who are subject to total confinement pursuant to this chapter. (3) "Health care facility" means any hospital, hospice care center, licensed or certified health care facility, health maintenance organization regulated under chapter 48.46 RCW, federally qualified health maintenance organization, federally approved renal dialysis center or facility, or federally approved blood bank. (4) "Health care practitioner" means an individual or firm licensed or certified to engage actively in a regulated health profession. (5) "Health care services" means those services provided by health professionals licensed pursuant to RCW 18.120.020(4). (6) "Health profession" means those licensed or regulated professions set forth in RCW 18.120.020(4). (7) "Less restrictive alternative" means court-ordered treatment in a setting less restrictive than total confinement which satisfies the conditions set forth in RCW 71.09.092. A less restrictive alternative may not include placement in the community protection program as pursuant to RCW 71A.12.230. (8) "Likely to engage in predatory acts of sexual violence if not confined in a secure facility" means that the person more probably than not will engage in such acts if released unconditionally from detention on the sexually violent predator petition. Such likelihood must be evidenced by a recent overt act if the person is not totally confined at the time the petition is filed under RCW 71.09.030 or by prima facie evidence of a lack of remorse or failure to participate in sex offender treatment while in total confinement commitment center and any similar facility designated as confinement facility by the secretary. (21) "Treatment" means the sex offender specific program at the special commitment center or a specific cour offender treatment pursuant to RCW 71.09.092 (1) and (2).

  amended

• RCW 71.09.090

  shall (4) (4) He or she and That the and that release and (iv) conditional either: (i) Is or → read as follows: (1)(a) If the secretary determines that the person's has so changed that the person no longer meets the defini sexually violent predator, the secretary may auth person to petition the court for unconditional discha petition shall be filed with the court and served prosecuting agency responsible for the initial commitment. T upon receipt of the petition for unconditional dischar within 45 days order a hearing. (b) If the secretary determines that the person's cond so changed that conditional release to a less restrictive a is in the best interest of the person and conditions can b that adequately protect the community, then the secret authorize the person to petition the court for conditional r a less restrictive alternative. Upon receipt of the peti court shall order the department to identify a less r alternative placement that satisfies RCW 71.09.092 (1) (7). Once identified, notice of the placement shall with the court and served upon: The prosecuting agency r for the initial commitment; any person or persons identifi 71.09.140(2)(a) who have opted to receive notifications u chapter; and the person and his or her counsel. If the cannot identify a placement available to the person that shall provide a written certification to the court, the p agency responsible for the initial commitment, and the perso or her counsel, detailing the efforts of the department to i qualifying placement. Upon the department's certification, t may propose a placement that satisfies RCW 71.09.092 (1) th if the person also satisfies RCW 71.09.092 (5) through (7) (2)(a) Nothing contained in this chapter shall prohibit the person from otherwise petitioning the court for conditional release to a less restrictive alternative or unconditional discharge without the secretary's approval. The secretary shall provide the committed person with an annual written notice of the person's right to petition the court for conditional release to a less restrictive alternative or unconditional discharge over the secretary's objection. The notice shall contain a waiver of rights. The secretary shall file the notice and waiver form and the annual report with the court. If the person does not affirmatively waive the right to petition, the court shall set a show cause hearing to determine whether probable cause exists to warrant a hearing on whether the person's condition has so changed that: (i) The person no longer meets the definition of a sexually violent predator and has expressed remorse for the sex offenses for which the person was convicted; or (ii) conditional release to a proposed less restrictive alternative would be in the best interest of the person , conditions can be imposed that would adequately protect the community, and the person has expressed remorse for the sex offenses for which the person was convicted. (b)(i) The committed person shall have a right to have an attorney represent him or her at the show cause hearing, which may be conducted solely on the basis of affidavits or declarations, but the person is not entitled to be present at the show cause hearing. At the show cause hearing, the prosecuting agency shall present prima facie evidence establishing that: (A) The committed person continues to meet the definition of a sexually violent predator; (B) a less restrictive alternative is not in the best interest of the person and conditions cannot be imposed that adequately protect the community; (C) the person refused to participate in sex offender treatment or programming while in total confinement; or (D) the person has not expressed remorse for the sex offenses for which they were criminally convicted (B) If the state produces prima facie evidence that a less restrictive alternative is not appropriate for the committed person, then the state's burden under (b)(i)(B) of this subsection is met, and a conditional release trial may not be ordered unless the committed person: (I) Produces evidence satisfying: Subsection (4)(a) of thi

  amended

• RCW 71.09.092

  and → imposed by the treatment provider and by the court; (6) the person has expressed remorse for the sex offenses for which they were criminally convicted; (7) the person willingly participated in sex offender treatment while in total confinement; and (8) 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.

  amended

• RCW 71.09.094

  either or → read as follows: (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 : (a) The proposed less restrictive alternative is not in the best interests of respondent; (b) the proposed less restrictive alternative does not include conditions that would adequately protect the community; (c) the person has not expressed remorse for the crimes for which they were convicted; or (d) the person did not willingly participate in sex offender treatment while in total confinement

  amended

• RCW 71.09.096

  shall the legislature finds it is appropriate for to law and justice → h ame d t onal eas st o he ct th omm set th may past victims, prohibition of alcohol and other drug use, participation in a specific course of inpatient or outpatient treatment that may include monitoring by the use of polygraph and plethysmograph, monitoring through the use of global positioning system technology, supervision by a department of corrections community corrections officer, a requirement that the person remain within the state or other stipulated geographically bounded area unless the person receives p ion by the court, and any other conditions that the co are in the best interest of the person or others. A c tions of release shall be given to the person and to an rvice providers. (b) To the greatest , the person, person's counsel, prosecuting agency the initial commitment, treatment provider, supervi corrections officer, and appropriate clinical staff commitment center shall meet and collaborate to craf d, narrowly tailored, and empirically based conditio to the court to help facilitate the person's succe n to the community. (5)(a) Prior to autho to a less restrictive alternative proposed by th he court shall consider whether the person's less ernative placement is in accordance with fair shar and adequately notifies potentially impacted tribes uitable distribution of releases, and pre e grouping of persons subject to less res e county, or in any one jurisdiction or comm shall proposal to a county other than the county of commitment, the court shall enter specific findings regarding its decision and identify whether the release remains in line with fair share principles. (b)(i) When the department develops a less restrictive alternative placement under this section, it shall attempt to identify a placement satisfying the requirements of RCW 71.09.092 that is aligned with fair share principles and adequately notifies potentially impacted tribes. The department shall document its rationale for the recommended placement. (ii) If the department does not support or recommend conditional release to a less restrictive alternative due to a clinical determination, the department shall document its objection and certify that the department is developing the less restrictive alternative pursuant to a court order and not because of a clinical determination. (iii) When the department develops or proposes a less restrictive alternative placement under this chapter, it shall be considered a predisposition recommendation. (iv) In developing, modifying, and enforcing less restrictive alternatives, the department shall be deemed to be performing a quasi-judicial function. (c)(i) If the committed person is not conditionally released to his or her county of commitment, the department shall provide the sheriff and county council of the county in which the person is conditionally released with notice and a written explanation, including whether the department remains in compliance with fair share principles regarding releases under this chapter. (ii) If the proposed less restrictive alternative placement is outside of the county of commitment and the placement does not comply with fair share principles, the county wherein the less restrictive alternative placement is proposed may deny the placement within its jurisdiction upon a vote of the elected county officials. identified in the pe .080(4); nt of a community care c tacts with providers o corts, if needed; plan that addresses on unconditional dischar pport for necessary hous ls training and disabi ce in pursuing ben the department of co osed less restrictive bility of amounts appro ent shall assign a soc e planning, pursuing be ase. worker shall assist th efits prior to the per continuity of care and e department social wor linical transition of the special commitment treatment provider. Thi nother shall occur no l se from the special comm ble, the social worker eded disability accommo esources to help addres or to release from total provider designated shall monthly, or as o cou

  amended

Action History

1. January 12, 2026

   First reading, referred to Human Services.

Sponsors

• (Schoesler) · Primary

Subjects