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71.05.510 | Damages for excessive detention. | Any individual who knowingly, willfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number of days shall be liable to the person detained in civil damages. It shall not be a prerequisite to an action under this section that the plaintiff shall ha... |
71.05.520 | Protection of rights—Staff. | The authority as the state's behavioral health authority, the department of social and health services in its operation of the state hospitals, and the department of health in exercising its function of licensing and certification of behavioral health providers and facilities shall have the responsibility to determine ... |
71.05.530 | Facilities part of comprehensive behavioral health program. | Evaluation and treatment facilities and secure withdrawal management and stabilization facilities authorized pursuant to this chapter may be part of the comprehensive community behavioral health services program conducted in counties pursuant to chapter 71.24 RCW, and may receive funding pursuant to the provisions ther... |
71.05.560 | Adoption of rules. | The department, the department of social and health services, and the authority shall adopt such rules as may be necessary to effectuate the intent and purposes of this chapter, which shall include but not be limited to evaluation of the quality of the program and facilities operating pursuant to this chapter, evaluati... |
71.05.570 | Rules of court. | The supreme court of the state of Washington shall adopt such rules as it shall deem necessary with respect to the court procedures and proceedings provided for by this chapter.
[ 1973 1st ex.s. c 142 s 62 .] |
71.05.575 | Less restrictive alternative treatment—Consideration by court. | (1) When making a decision under this chapter whether to require a less restrictive alternative treatment, the court shall consider whether it is appropriate to include or exclude time spent in confinement when determining whether the person has committed a recent overt act. (2) When determining whether an offender is ... |
71.05.585 | Less restrictive alternative treatment.(Effective until June 30, 2027.) | (1) Less restrictive alternative treatment, at a minimum, includes the following services: (a) Assignment of a care coordinator; (b) An intake evaluation with the provider of the less restrictive alternative treatment; (c) A psychiatric evaluation, a substance use disorder evaluation, or both; (d) A schedule of regular... |
71.05.590 | Enforcement, modification, or revocation of less restrictive alternative or conditional release orders—Initiation of inpatient detention procedures.(Effective until July 1, 2026.) | (1) Either an agency or facility designated to monitor or provide services under a less restrictive alternative order or conditional release, or a designated crisis responder, may take action to enforce, modify, or revoke a less restrictive alternative treatment order or conditional release order. The agency, facility,... |
71.05.595 | Less restrictive alternative treatment order—Termination. | A court order for less restrictive alternative treatment for a person found to be in need of assisted outpatient treatment must be terminated prior to the expiration of the order when, in the opinion of the professional person in charge of the less restrictive alternative treatment provider, (1) the person is prepared ... |
71.05.620 | Court files and records closed—Exceptions—Rules. | *** CHANGE IN 2026 *** (SEE 2632.SL ) ***
(1) The files and records of court proceedings under this chapter and chapter 71.34 RCW shall be closed but shall be accessible to: (a) The department; (b) The department of social and health services; (c) The authority; (d) The state hospitals as defined in RCW 72.23.010 ; (e)... |
71.05.660 | Treatment records—Privileged communications unaffected. | Nothing in this chapter or chapter 70.02 or 71.34 RCW shall be construed to interfere with communications between physicians, physician assistants, psychiatric advanced registered nurse practitioners, or psychologists and patients and attorneys and clients.
[ 2016 sp.s. c 29 s 420 ; 2016 c 155 s 9 ; 2013 c 200 s 21 ; 2... |
71.05.680 | Treatment records—Access under false pretenses, penalty. | Any person who requests or obtains confidential information pursuant to RCW 71.05.620 under false pretenses shall be guilty of a gross misdemeanor.
[ 2013 c 200 s 22 ; 2005 c 504 s 713 ; 1999 c 13 s 11 . Prior: 1989 c 205 s 18 .]
Effective date — 2013 c 200: See note following RCW 70.02.010 .
Findings — Intent — Severa... |
71.05.700 | Home visit by designated crisis responder or crisis intervention worker—Accompaniment by second trained individual. | No designated crisis responder or crisis intervention worker shall be required to respond to a private home or other private location to stabilize or treat a person in crisis, or to evaluate a person for potential detention under the state's involuntary treatment act, unless a second trained individual, determined by t... |
71.05.705 | Provider of designated crisis responder or crisis outreach services—Policy for home visits. | Each provider of designated crisis responder or crisis outreach services shall maintain a written policy that, at a minimum, describes the organization's plan for training, staff backup, information sharing, and communication for crisis outreach staff who respond to private homes or nonpublic settings.
[ 2016 sp.s. c 2... |
71.05.710 | Home visit by mental health professional—Wireless telephone to be provided. | Any mental health professional who engages in home visits to clients shall be provided by their employer with a wireless telephone or comparable device for the purpose of emergency communication.
[ 2007 c 360 s 4 .]
Findings — Short title — 2007 c 360: See notes following RCW 71.05.700 . |
71.05.715 | Crisis visit by mental health professional—Access to information. | Any mental health professional who is dispatched on a crisis visit, as described in RCW 71.05.700 , shall have prompt access to information about any history of dangerousness or potential dangerousness on the client they are being sent to evaluate that is documented in crisis plans or commitment records and is availabl... |
71.05.720 | Training for community mental health employees. | Annually, all community mental health employees who work directly with clients shall be provided with training on safety and violence prevention topics described in RCW 49.19.030 . The curriculum for the training shall be developed collaboratively among the authority, the department, contracted behavioral health servic... |
71.05.730 | Judicial services—Civil commitment cases—Reimbursement. | (1) A county may apply to its behavioral health administrative services organization on a quarterly basis for reimbursement of its direct costs in providing judicial services for civil commitment cases under this chapter and chapter 71.34 RCW. A tribe may apply to the authority on a quarterly basis for reimbursement of... |
71.05.732 | Reimbursement for judicial services—Assessment. | (1) The joint legislative audit and review committee shall conduct an independent assessment of the direct costs of providing judicial services under this chapter and chapter 71.34 RCW as defined in RCW 71.05.730 . The assessment shall include a review and analysis of the reasons for differences in costs among counties... |
71.05.740 | Reporting of commitment data. | (1) All behavioral health administrative services organizations in the state of Washington must forward historical behavioral health involuntary commitment information retained by the organization, including identifying information and dates of commitment to the authority. As soon as feasible, the behavioral health adm... |
71.05.745 | Single bed certification. | (1) The authority may use a single bed certification process as outlined in rule to provide additional treatment capacity for a person suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single bed certification must be a facility tha... |
71.05.750 | Report—No bed available for person who meets detention criteria. | (1) A designated crisis responder shall make a report to the authority when he or she determines a person meets detention criteria under RCW 71.05.150 , 71.05.153 , 71.34.700 , or 71.34.710 and there are not any beds available at an evaluation and treatment facility, the person has not been provisionally accepted for a... |
71.05.755 | Duties upon receipt of no bed available report—Corrective actions. | (1) The authority shall promptly share reports it receives under RCW 71.05.750 with the responsible behavioral health administrative services organization or managed care organization, if applicable. The behavioral health administrative services organization or managed care organization, if applicable, receiving this n... |
71.05.760 | Designated crisis responders—Training—Qualifications—Secure withdrawal management and stabilization facility capacity. | (1)(a) The authority or its designee shall provide training to the designated crisis responders. (b)(i) To qualify as a designated crisis responder, a person must have received substance use disorder training as determined by the authority and be a: (A) Mental health professional with an advanced degree; (B) Person who... |
71.05.765 | Civil commitment training—Contracting—Requirements. | The authority must contract with an association that represents designated crisis responders in Washington to develop and begin delivering by July 1, 2025, a training program for social workers licensed under chapter 18.225 RCW who practice in an emergency department with responsibilities related to civil commitments u... |
71.05.801 | Persons with developmental disabilities—Service plans—Habilitation services. | When appropriate and subject to available funds, the treatment and training of a person with a developmental disability who is committed to the custody of the department of social and health services or to a facility licensed or certified for ninety day treatment by the department for a further period of intensive trea... |
71.05.820 | Appearance by video technology. | For purposes of this chapter, at any hearing the petitioner, the respondent, the witnesses, the interpreters, and the presiding judicial officer may be present and participate either in person or by video, as determined by the court. The term "video" as used in this section includes any functional equivalent. At any he... |
71.05.940 | Equal application of 1989 c 420—Evaluation for developmental disability. | The provisions of chapter 420, Laws of 1989 shall apply equally to persons in the custody of the department of social and health services on May 13, 1989, who were found by a court to be not guilty by reason of insanity or incompetent to stand trial, or who have been found to have committed acts constituting a felony p... |
71.05.950 | Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. | For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married person... |
71.06.005 | Application of chapter. | With respect to sexual psychopaths, this chapter applies only to crimes or offenses committed before July 1, 1984.
[ 1984 c 209 s 27 .]
Effective dates — 1984 c 209: See note following RCW 9.94A.030 . |
71.06.010 | Definitions. | As used in this chapter, the following terms shall have the following meanings: "Psychopathic personality" means the existence in any person of such hereditary, congenital, or acquired condition affecting the emotional or volitional rather than the intellectual field and manifested by anomalies of such character as to ... |
71.06.020 | Sexual psychopaths—Petition. | Where any person is charged in the superior court in this state with a sex offense and it appears that such person is a sexual psychopath, the prosecuting attorney may file a petition in the criminal proceeding, alleging that the defendant is a sexual psychopath and stating sufficient facts to support such allegation. ... |
71.06.030 | Procedure on petition—Effect of acquittal on criminal charge. | The court shall proceed to hear the criminal charge. If the defendant is convicted or has previously pleaded guilty to such charge, judgment shall be pronounced, but the execution of the sentence may be deferred or suspended, as in other criminal cases, and the court shall then proceed to hear and determine the allegat... |
71.06.040 | Preliminary hearing—Evidence—Detention in hospital for observation. | At a preliminary hearing upon the charge of sexual psychopathy, the court may require the testimony of two duly licensed physicians, physician assistants, or psychiatric advanced registered nurse practitioners who have examined the defendant. If the court finds that there are reasonable grounds to believe the defendant... |
71.06.050 | Preliminary hearing—Report of findings. | Upon completion of said observation period, the superintendent of the state hospital shall return the defendant to the court, together with a written report of his or her findings as to whether or not the defendant is a sexual psychopath and the facts upon which his or her opinion is based.
[ 2012 c 117 s 432 ; 1959 c ... |
71.06.060 | Preliminary hearing—Commitment, or other disposition of charge. | After the superintendent's report has been filed, the court shall determine whether or not the defendant is a sexual psychopath. If said defendant is found to be a sexual psychopath, the court shall commit him or her to the secretary of social and health services for designation of the facility for detention, care, and... |
71.06.070 | Preliminary hearing—Jury trial. | A jury may be demanded to determine the question of sexual psychopathy upon hearing after return of the superintendent's report. Such demand must be in writing and filed with the court within ten days after filing of the petition alleging the defendant to be a sexual psychopath.
[ 1959 c 25 s 71.06.070 . Prior: 1951 c ... |
71.06.080 | Preliminary hearing—Construction of chapter—Trial, evidence, law relating to criminally insane. | Nothing in this chapter shall be construed as to affect the procedure for the ordinary conduct of criminal trials as otherwise set up by law. Nothing in this chapter shall be construed to prevent the defendant, his or her attorney, or the court of its own motion, from producing evidence and witnesses at the hearing on ... |
71.06.091 | Postcommitment proceedings, releases, and further dispositions. | A sexual psychopath committed pursuant to RCW 71.06.060 shall be retained by the superintendent of the institution involved until in the superintendent's opinion he or she is safe to be at large, or until he or she has received the maximum benefit of treatment, or is not amenable to treatment, but the superintendent is... |
71.06.100 | Postcommitment proceedings, releases, and further dispositions—Hospital record to be furnished court, indeterminate sentence review board. | Where under RCW 71.06.091 the superintendent renders his or her opinion to the committing court, he or she shall provide the committing court, and, in the event of conditional release, the indeterminate sentence review board, with a copy of the hospital medical record concerning the sexual psychopath.
[ 2012 c 117 s 43... |
71.06.120 | Credit for time served in hospital. | Time served by a sexual psychopath in a state hospital shall count as part of his or her sentence whether such sentence is pronounced before or after adjudication of his or her sexual psychopathy.
[ 2012 c 117 s 437 ; 1959 c 25 s 71.06.120 . Prior: 1951 c 223 s 13 .] |
71.06.130 | Discharge pursuant to conditional release. | Where a sexual psychopath has been conditionally released by the committing court, as provided by RCW 71.06.091 for a period of five years, the court shall review his or her record and when the court is satisfied that the sexual psychopath is safe to be at large, said sexual psychopath shall be discharged.
[ 2012 c 117... |
71.06.135 | Sexual psychopaths—Release of information authorized. | 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 sexual psychopath committed under this chapter.
[ 1990 c 3 s 120 .] |
71.06.140 | State hospitals for care of sexual psychopaths—Transfers to correctional institutions—Examinations, reports. | The department may designate one or more state hospitals for the care and treatment of sexual psychopaths: PROVIDED, That a committed sexual psychopath who has been determined by the superintendent of such mental hospital to be a custodial risk, or a hazard to other patients may be transferred by the secretary of socia... |
71.06.260 | Hospitalization costs—Sexual psychopaths—Financial responsibility. | At any time any person is committed as a sexual psychopath the court shall, after reasonable notice of the time, place and purpose of the hearing has been given to persons subject to liability under this section, inquire into and determine the financial ability of said person, or his or her parents if he or she is a mi... |
71.06.270 | Availability of records. | The records, files, and other written information prepared by the department of social and health services for individuals committed under this chapter shall be made available upon request to the department of corrections or the *board of prison terms and paroles for persons who are the subject of the records who are c... |
71.09.010 | Findings. | The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment act, chapter 71.05 RCW, which is intended to be a short-term civil commitment system that is primarily desi... |
71.09.015 | Finding—Intent—Clarification. | The legislature finds that presentation of evidence related to conditions of a less restrictive alternative that are beyond the authority of the court to order, and that would not exist in the absence of a court order, reduces the public respect for the rule of law and for the authority of the courts. Consequently, the... |
71.09.020 | Definitions. | 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 housin... |
71.09.025 | Notice to prosecuting attorney prior to release. | (1)(a) When it appears that a person may meet the criteria of a sexually violent predator as defined in RCW 71.09.020 , the agency with jurisdiction shall refer the person in writing to the prosecuting attorney of the county in which an action under this chapter may be filed pursuant to RCW 71.09.030 and the attorney g... |
71.09.030 | Sexually violent predator petition—Filing. | (1) A petition may be filed alleging that a person is a sexually violent predator and stating sufficient facts to support such allegation when it appears that: (a) A person who at any time previously has been convicted of a sexually violent offense is about to be released from total confinement; (b) a person found to h... |
71.09.035 | Sexually violent predator petition—Demands for documents. | (1) Whenever the prosecuting agency believes that any public agency, including any agency as defined in RCW 42.56.010 , may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other ... |
71.09.040 | Sexually violent predator petition—Probable cause hearing—Judicial determination—Transfer to total confinement facility upon probable cause determination. | (1) Upon the filing of a petition under RCW 71.09.030 , the judge shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If such determination is made the judge shall direct that the person be taken into custody and notify the office of public defe... |
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 s... |
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 th... |
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 die... |
71.09.060 | Trial—Determination—Commitment procedures. | (1) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. In determining whether or not the person would be likely to engage in predatory acts of sexual violence if not confined in a secure facility, the fact finder may consider only placement conditions and vo... |
71.09.070 | Annual examinations of persons committed under chapter—Suspension of section. | (1) Each person committed under this chapter shall have a current examination of his or her mental condition made by the department at least once every year. (2) The evaluator must prepare a report that includes consideration of whether: (a) The committed person currently meets the definition of a sexually violent pred... |
71.09.080 | Rights of persons committed under this chapter—Use of personal computers regulated. | (1) Any person subjected to restricted liberty as a sexually violent predator pursuant to this chapter shall not forfeit any legal right or suffer any legal disability as a consequence of any actions taken or orders made, other than as specifically provided in this chapter, or as otherwise authorized by law. (2)(a) Any... |
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 depart... |
71.09.090 | Petition for conditional release to less restrictive alternative or unconditional discharge—Procedures—Suspension of section. | (1)(a) If the secretary determines that the person's condition has so changed that the person no longer meets the definition of a sexually violent predator, the secretary shall authorize the person to petition the court for unconditional discharge. The petition shall be filed with the court and served upon the prosecut... |
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... |
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 co... |
71.09.096 | Conditional release to less restrictive alternative—Judgment—Conditions—Annual review. | (1) If the court or jury determines that conditional release to a less restrictive alternative is in the best interest of the person and includes conditions that would adequately protect the community, and the court determines that the minimum conditions set forth in RCW 71.09.092 and in this section are met, the court... |
71.09.097 | Conditional release to less restrictive alternative—Department developing placement—Considerations. | (1) In accordance with RCW 71.09.090 and 71.09.096 , the department shall have the primary responsibility for developing a less restrictive alternative placement. To ensure the department has sufficient less restrictive alternative placements to choose from that satisfy the requirements of RCW 71.09.092 , subject to th... |
71.09.098 | Revoking or modifying terms of conditional release to less restrictive alternative—Hearing—Custody pending hearing on revocation or modification. | (1) Any service provider submitting reports pursuant to RCW 71.09.096 (7), the supervising community corrections officer, the prosecuting agency, or the secretary's designee may petition the court for an immediate hearing for the purpose of revoking or modifying the terms of the person's conditional release to a less r... |
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 condi... |
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 treat... |
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 enforcem... |
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, f... |
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 th... |
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 ... |
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, ... |
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 s 6 .]
Severability — Effective date — 2003 c 216: See notes following RCW 71.09.300 . |
71.09.140 | Notice of conditional release or unconditional discharge—Notice of escape and recapture. | (1)(a) At the earliest possible date, and in no event later than 30 days before conditional release, change of address for a person on conditional release, or unconditional discharge, except in the event of escape, the department of social and health services shall send written notice of conditional release, unconditio... |
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 su... |
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... |
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 s 20 .] |
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 ... |
71.09.250 | Transition facility—Siting. | (1)(a) The secretary is authorized to site, construct, occupy, and operate (i) a secure community transition facility on McNeil Island for persons authorized to petition for a less restrictive alternative under RCW 71.09.090 (1) and who are conditionally released; and (ii) a special commitment center on McNeil Island w... |
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 ... |
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 ... |
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 s 206 .]
Intent — Severability — Effective dates — 2001 2nd sp.s. c 12: See notes following RCW 71.09.250 . |
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 ... |
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 ... |
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 ... |
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 propo... |
71.09.290 | Other transition facilities—Siting policy guidelines. | The secretary shall establish policy guidelines for the siting of secure community transition facilities, other than the secure community transition facility established pursuant to RCW 71.09.250 (1)(a)(i), which shall include at least the following minimum requirements: (1) The following criteria must be considered pr... |
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 inclu... |
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, expe... |
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 leg... |
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 s 218 .]
Intent — Severability — Effective dates — 2001 2nd sp.s. c 12: See notes followi... |
71.09.315 | Transition facilities—Public notice, review, and comment. | (1) Whenever the department operates, or the secretary enters into a contract to operate, a secure community transition facility except the secure community transition facility established pursuant to RCW 71.09.250 (1), the secure community transition facility may be operated only after the public notification and oppo... |
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 activit... |
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 co... |
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 s 222 .]
Intent — Severability — Effective dates — 2001 2nd sp.s. c 12: See notes foll... |
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 comm... |
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... |
71.09.341 | Transition facilities—Authority of department—Effect of local regulations. | The minimum requirements set out in RCW 71.09.285 through 71.09.340 are minimum requirements to be applied by the department. Nothing in this section is intended to prevent a city or county from adopting development regulations, as defined in RCW 36.70A.030 , unless the proposed regulation imposes requirements more res... |
71.09.342 | Transition facilities—Siting—Local regulations preempted, when—Consideration of public safety measures. | (1) After October 1, 2002, notwithstanding RCW 36.70A.103 or any other law, this section preempts and supersedes local plans, development regulations, permitting requirements, inspection requirements, and all other laws as necessary to enable the department to site, construct, renovate, occupy, and operate secure commu... |
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