Revised Code of Washington - RCW Title 71 Mental Illness - Chapter 71.09 Sexually Violent Predators

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 ...

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, ...

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. ...

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(16), the agency with jurisdiction ...

71.09.030 Sexually violent predator petition -- Filing
When it appears that: (1) A person who at any time previously has been convicted of a sexually violent offense is about to be released ...

71.09.040 Sexually violent predator petition -- Probable cause hearing -- Judicial determination -- Transfer for evaluation
(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 ...

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 ...

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 ...

71.09.070 Annual examinations of persons committed under chapter
Each person committed under this chapter shall have a current examination of his or her mental condition made by the department of social and health ...

71.09.080 Rights of persons committed under this chapter
(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 ...

71.09.085 Medical care -- Contracts for services
(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 ...

71.09.090 Petition for conditional release to less restrictive alternative or unconditional discharge -- Procedures
(1) If the secretary determines that the person's condition has so changed that either: (a) The person no longer meets the definition of a sexually ...

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 ...

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, ...

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 ...

71.09.098 Conditional release to less restrictive alternative -- Hearing on revocation or modification -- Authority to apprehend conditionally released person
(1) Any service provider submitting reports pursuant to RCW 71.09.096(6), the supervising community corrections officer, the prosecuting attorney, or the attorney general may petition the ...

71.09.110 Department of social and health services -- Duties -- Reimbursement
The department of social and health services shall be responsible for all costs relating to the evaluation and treatment of persons committed to their custody ...

71.09.112 Department of social and health services -- Jurisdiction continues 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 ...

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 ...

71.09.120 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 ...

71.09.130 Notice of escape or disappearance
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 ...

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 ...

71.09.140 Notice of conditional release or unconditional discharge -- Notice of escape and recapture
(1) At the earliest possible date, and in no event later than thirty days before conditional release or unconditional discharge, except in the event of ...

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 ...

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 ...

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 ...

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 ...

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 ...

71.09.2501 "All other laws" defined
An emergency has been caused by the need to expeditiously site facilities to house sexually violent predators who have been committed under this chapter. To ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

71.09.295 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 ...

71.09.300 Transition facilities -- Staffing
Secure community transition facilities shall meet the following minimum staffing requirements: (1)(a) At any time the census of a facility that accepts its first resident ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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, ...

71.09.343 Transition facilities -- Contract between state and local governments
(1) At the request of the local government of the city or county in which a secure community transition facility is initially sited after January ...

71.09.344 Transition facilities -- Mitigation agreements
(1) Subject to funds appropriated by the legislature, the department may enter into negotiation for a mitigation agreement with: (a) The county and/or city in ...

71.09.345 Alternative placement -- Authority of court
Nothing in chapter 12, Laws of 2001 2nd sp. sess. shall operate to restrict a court's authority to make less restrictive alternative placements to a ...

71.09.350 Examination and treatment only by certified providers -- Exceptions
(1) Examinations and treatment of sexually violent predators who are conditionally released to a less restrictive alternative under this chapter shall be conducted only by ...

71.09.800 Rules
The secretary shall adopt rules under the administrative procedure act, chapter 34.05 RCW, for the oversight and operation of the program established pursuant to this ...

71.09.900 Index, part headings not law -- 1990 c 3
See RCW 18.155.900. ...

71.09.901 Severability -- 1990 c 3
See RCW 18.155.901. ...

71.09.902 Effective dates -- Application -- 1990 c 3
See RCW 18.155.902. ...