HomeMy WebLinkAbout08-12-2026 YPC PacketThe meeting will also be recorded and posted on the Y-PAC website.
Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Bill Preston, P.E., Director
Trevor Martin, AICP, Manager
Planning Division
129 North Second Street, 2nd Floor Yakima, Washington 98901
Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov
CITY OF YAKIMA PLANNING COMMISSION
Yakima City Hall Council Chambers
129 N 2nd Street, Yakima, WA 98901
August 12, 2026
3:00 p.m. – 5:00 p.m.
YPC MEMBERS:
Vice-Chair Charles Hitchcock, Jeff Baker, James Conright, Eduardo Davila-Verdin, Anne
Knapp, Tanya Knickerbocker, Colleda Monick, Philip Ostriem, Kevin Rangel, and
Shelley White
City Council Liaison: Matt Brown, Felisa Gonzalez
CITY PLANNING STAFF:
Bill Preston (Community Development Director), Lisa Maxey (Admin. Assistant), Trevor
Martin (Planning Manager), Eric Crowell (Senior Planner), Jason Radtke (Senior Planner),
Connor Kennedy (Associate Planner), Eva Rivera (Planning Technician)
AGENDA
I.Call to Order
II.Roll Call
III.Selection of Chair and Vice-Chair
IV.Staff Announcements
V.Approval of Minutes – June 10 and 24, 2026, Meetings
VI.Public Comment
VII.Overlay Creation
VIII.Secure Community Transition Facility Study Session
IX.Other Business
X.Meeting Recap
XI.Adjourn
Next Meeting: August 26, 2026
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CITY OF YAKIMA
PLANNING COMMISSION
Revision to BYLAWS
(Adopted by the City of Yakima Planning Commission on October 9, 2024;
Amended by City Council, May 6, 2025)
SECTION I: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the City of Yakima
Planning Commission (YPC or Commission) executes those duties and functions set
forth in Chapter 1.42 Planning Commission of the Yakima Municipal Code.
I.COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
A.The City of Yakima Planning Commission shall be appointed consistent with
Yakima Municipal Code 1.42.025 Membership-Appointment-Term. It will consist of
eleven members appointed by the mayor and confirmed by the City Council. The term of
office shall be four years.
B.The Commission will, by majority vote, elect a Chair and Vice Chair to serve
throughout that year. Chair and Vice Chair will be selected at the first meeting of each
year, or in the meeting following the Chair or Vice Chair’s completion of Commission
service. The Chair (or Vice Chair when Chair is absent):
1.Decides all points of order and procedural matters subject to rules and
bylaws.
2.May appoint committees as necessary to investigate and report on
matters before the Commission.
C.Commission assistance may be provided by the Department of Community
Development staff and consultants. Additional assistance may be provided by other City
departments and consultants.
D.The Commission members shall not receive any salary or other compensation for
services rendered on the Commission, but necessary expenses actually incurred and
within the budget as set by the annual budget ordinance shall be paid.
E.Vacancies occurring otherwise than through the expiration of terms shall be filled
for the unexpired terms, consistent with Yakima Municipal Code 1.42.027 Vacancy
Filling – Unexpired Terms. Members may be removed by the mayor with the approval of
the city council after a public hearing, for inefficiency, neglect of duty or malfeasance in
office. Reasons for removal may include:
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1. Member is absent from three consecutive regular meetings or six regular
meetings in a twelve-month period. Such absences will be considered a
resignation. Verification of attendance will be based exclusively on the minutes
of each meeting. Staff will notify any member approaching the maximum number
of absences. Staff will notify the mayor and city council when such absences
occur. Reinstatement may be sought through a hearing by the Commission.
Excused absences (such as sickness, death in the family, business trips or
emergencies) will not affect the member's status.,
2. In case of extended illness or absence the Commission may request to
staff that the member be replaced. Staff will notify any member that this situation
is occurring. Staff will coordinate with the mayor and city council to address
possible replacement.
3. A Commission member acted on an agenda item in which they had a
conflict of interest.
F. Commission members shall not represent the Commission in its official actions
except as specifically authorized by majority vote.
G. Commission members shall comply with Chapter 42.30 RCW: Open Public
Meetings Act.
H. Commission members shall not vote on any issues before the Commission
unless they have attended previous deliberations on the subject or shall have the
approval of the Chair contingent on the Chair's determination that the member has
familiarized themselves with the subject and the minutes of any meetings where the
subject was discussed.
I. Commission members shall refrain from discussing or expressing opinions on
matters on the Commission's agenda outside of Commission meetings except as
authorized in (H) above, or on direction from the Chair.
J. To avoid any conflicts of interest, no Commission member shall vote on the
determination of any application or determination in which they maintain an
employer/employee relationship or where they or members of their immediate family
have a financial interest.
K. Commission members shall not vote on any issues before the Commission
unless they have been in attendance at previous deliberations on the subject or shall
have the approval of the Chair contingent on the Chair's determination that the member
has familiarized themselves with the subject and the minutes of any meetings where the
subject was discussed.
L. City of Yakima Commissions, Committees and Boards that function as advisory
bodies to the Commission, including the Historic Preservation Commission, Bicycle and
Pedestrian Advisory Committee, and Tree City USA Board shall:
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1. Provide a written activity report to the Commission once per year. The
report shall be presented to the Commission by a representative of each
Committee at a regular Commission meeting.
2. Provide input to relevant Commission topics as requested by the
Commission.
3. Attend regular Commission meetings to present requests for input on or
support of Committee projects that are in alignment with the responsibilities of
the Commission. To ensure the Planning Commission members have
background information and context regarding the request, and that the request
can be heard and determined in an effective and timely manner, written
presentations should include:
a) Names of Committee members
b) Brief description of the project
c) Short outline of the origin and history of the project including
related organizations, timeline of activities and progress to date
d) Summary of the request for input or support of the Commission
4. Commission may submit a memo to Council in response to requests for
project support or input as necessary.
II. PROCEDURES FOR CONDUCTING REGULAR MEETINGS
A. Pre-meeting
1. If there are agenda items, regular meetings will be held at 3:00 p.m. on
the second and fourth Wednesdays of every month in the City Council chambers.
The time and location of a particular meeting may be changed by majority vote of
the Commission.
If the date of a regular meeting of the Commission falls on a weekend or an official
holiday, the meeting may be changed to a time and place as determined by the
Commission at the preceding month's meeting.
2. If there are no agenda items, the Chair or designated member of staff
may propose canceling the regular meeting after giving all Commission members
and the public 24 hours advance notice. However, if a majority of Commission
members express the desire to hold the meeting, it shall convene as scheduled.
If the meeting is canceled, a notice to that effect will be posted at the regular
meeting place at the regular time.
3. Special meetings may be called by the Chair or by a majority of
Commission members. Commission members will be given at least 48 hours
advance notice of the time and place of such meetings.
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4. All regular and special meetings will be open to the public and the date,
place and agenda will be publicized in accordance with the Open Public
Meetings Act (Chapter 42.30 RCW). The agenda for regularly scheduled
meetings shall be posted and advertised at least 48 hours prior to the regularly
scheduled meetings. Notice of a special meeting shall be delivered to news
organizations, posted on the website, and displayed in accordance with the Open
Public Meetings Act (Chapter 42.30 RCW) at least 24 hours before the time of
such meeting as specified in the notice.
5. The order of agenda items will be determined by their order of receipt or
as Commission staff deems appropriate.
6. Staff shall be responsible for notifying principals in each matter as
specified under the rules for review procedures and for keeping the Commission
web page up to date.
B. Regular Order of Business for Meetings
1. Business will be conducted under Robert's Rules of Order except where
this contradicts with the Bylaws or other special rules adopted by the
Commission, which then take precedence. All issues will be decided by simple
majority vote except amendments to the Bylaws, which require a vote of two-
thirds of the membership.
2. Six members or 51 percent of the non-vacant membership of the
Commission constitutes a quorum. Meetings without a quorum will be recessed
to the earliest regularly scheduled date.
3. Minutes will be taken during all Commission proceedings. Minutes will
include decisions and action items. Additionally, the meetings may be
videotaped to further clarify the minutes.
4. The regular order of business shall be as follows:
a) Call to Order
b) Roll Call
c) Staff Announcements
d) Audience Participation for items not on the agenda
e) Adoption of Minutes
f) New business
g) Audience Participation for items on the agenda
h) Other Business
i) Adjournment
5. The regular order of business for consideration of preliminary
subdivisions; YMC Title 14, 15, 16 or 17 text amendments; comprehensive plan
amendments; and rezones shall be as follows*:
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a) The Commission Staff person shall offer a preliminary statement
or Staff Report concerning the application.
b) The applicant or the designated agent of the applicant presents
statements in favor of the application including any relevant exhibits.
c) Public comments.
d) Rebuttal by all concerned parties.
e) Deliberation by Commission.
f) Motion for action.
g) Vote.
*During the meeting, the above procedure may be temporarily modified
by the concurrence of all parties and the Commission.
6. The Commission shall act on each application at the meeting unless the
Chair or a majority of the Commission decides to defer consideration to a later
date.
7. Requests for continuance may be granted if all parties agree. The
continuance will be publicly announced by the Chair, and the matter is
automatically set on the agenda for the next regularly scheduled meeting, or to a
date certain as agreed by all parties. In such a case, no further notice is required
for the principals in the case.
C. Post-meeting
1. Planning staff will be responsible for notifying participants as called for
under rules for specific review procedures.
2. Planning staff will be responsible for forwarding materials to participants
as called for under rules for specific review procedures.
3. Planning staff will be responsible for distributing the minutes of the
meeting. Draft minutes of the meeting may be provided by Planning staff upon
their completion for Commission review, and should be placed in the next
available agenda packet for review by the Commission.
Resources
1. Yakima Municipal Code: Chapter 1.42 PLANNING COMMISSION* (codepublishing.com)
2. Yakima Municipal Code Yakima Planning Commission (YPC) Information and Meetings |
Planning Division (yakimawa.gov)
3. Revised Code of Washington Chapter 42.30 RCW: OPEN PUBLIC MEETINGS ACT
(wa.gov)
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06/10/2026 YPC Minutes
City of Yakima Planning Commission (YPC) Meeting Minutes
June 10, 2026
Call to Order
Chair Place called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present: Chair Mary Place, Vice-Chair Charles Hitchcock, Jeff Baker, Anne
Knapp, Colleda Monick, Philip Ostriem, Kevin Rangel, Shelley
White
YPC Members Absent: Leanne Hughes-Mickel (excused)
Staff Present: Trevor Martin; Planning Manager, Eva Rivera; Planning
Technician
City Council Liaison: Felisa Gonzalez, Matt Brown
Staff Announcements –
An open house for the Comprehensive Plan rough draft will be held June 23 at the Harman
Center; it will be noticed as a special meeting for Commissioners to attend.
The nominating committee has met, and the new Commissioners should be announced soon.
Approval of Minutes from April 8, 2026- Minutes will be amended to show the public hearing
for the moratorium will be held within the next six months.
Public Comment – No public comment.
Comp Plan Update: Historic Preservation, Parks & Rec, Natural Environment, and
Shoreline – The Commission went through the packet and reviewed each page and suggested
changes.
Other Business – The I-502 discussion is still on the schedule for the Commission.
Meeting Recap – Action Items & Decisions:
• Special meeting on June 23 at the Harman Center at 4 PM.
• Lengthy discussion was held on Comp Plan updates.
• Response to concerns raised a few months ago about I-502 and Barge Chestnut
neighborhood.
Outstanding Action Items
• Trevor will provide training to the new Commissioners.
• Developing a process for public response, following up with the Barge-Chestnut
neighbors.
Future Items
• A new section for congregant living will be added to the code and reviewed by the
Commission.
• Right of way assessments for vacant buildings will be explored.
• Staff will notify and update the Commission when the countywide policies are completed.
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06/10/2026 YPC Minutes
• Downtown Action Plan - staff will determine if the Planning Commission will be involved.
• Staff will coordinate a future roundtable with experts to discuss design standards.
A motion to adjourn to June 24, 2026, was passed with a unanimous vote. The meeting
adjourned at approximately 4:46 p.m.
Chair Place Date
This meeting was filmed by YPAC. The meeting video is available at the following
link:https://videos.yakimawa.gov/internetchannel/search?channel=2&query=planning%20commission
Minutes for this meeting submitted by: Eva Rivera, Planning Technician.
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06/24/2026 YPC Minutes
City of Yakima Planning Commission (YPC) Meeting Minutes
June 24, 2026
Call to Order
Chair Place called the meeting to order at 3:01 p.m.
Roll Call
YPC Members Present: Chair Mary Place, Jeff Baker, James Conright, Anne Knapp,
Tanya Knickerbocker, Philip Ostriem, Shelley White
YPC Members Absent: Leanne Hughes-Mickel, Colleda Monick, Vice-Chair Charles
Hitchcock (excused) Kevin Rangel
Staff Present: Trevor Martin; Planning Manager, Eva Rivera; Planning
Technician
City Council Liaison: Felisa Gonzalez, Matt Brown
Chair Place welcomed new Commissioners Tanya Knickerbocker and James Conright. She also
thanked Commissioner Leanne Hughes-Mickel for her time on the Commission.
Staff Announcements –
• Besides the two new commissioners one more will join next month, and orientation will be
provided for all the new/current members.
• Trevor recommended that the new members create emails specifically for the Planning
Commission use.
Approval of Minutes from May 13 and 27, 2026- Commissioner White moved to approve the
meeting minutes from May 13, 2026. Commissioner Baker seconded the motion. The motion
carried unanimously. Commissioner Knapp requested that the minutes provide a brief description
of the topics raised during public comment or include a link to the public comments. Commissioner
White moved to approve the meeting minutes from May 27, 2026. Commissioner Ostriem
seconded the motion. The motion carried unanimously.
Public Comment – Jose Ulloa provided public comment and a handout regarding the Cannabis
Buffer.
Open House Recap- Trevor provided a summary of the Open House and the next steps for the
Comp Plan update.
Begin I-502 Discussion - Trevor began by explaining the process of approving a location for
cannabis sale. The Commission discussed the pros and cons of lowering the cannabis buffer
and the different buffer distances.
Other Business – Commissioner Knapp asked to have some outstanding items be scheduled
or addressed. Trevor discussed holding a discussion on road standards. Trevor also noted that
a new definition for congregant living is in the works that ties to the current city council
moratorium with a future hearing being scheduled soon. Commissioner White thanked
Commissioner Place, Huges-Mikel, and Stephens for their time on the Commission.
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06/24/2026 YPC Minutes
Meeting Recap – Action Items & Decisions:
• Orientation and introduction of new/current Commissioners next meeting.
• Adding video link to meeting minutes.
• Add a hint of what public comment was in the meeting minutes.
• Send photos of comments from Open House.
• BERK will do a spell and grammar check.
• Trevor will decide if there’s an exemption from the energy section.
• Trevor will run potential buffers.
• MRSC links regarding housing and parking will be emailed.
Outstanding Action Items
• Trevor will provide training to the new Commissioners.
• Commissioner Knapp will provide comments to Trevor due to time constraints it cannot
be reviewed by Commission.
• Developing a process for public response, following up with the Barge-Chestnut
neighbors.
Future Items
• A new section for congregant living will be added to the code and reviewed by the
Commission.
• Right of way assessments for vacant buildings will be explored.
• Staff will notify and update the Commission when the countywide policies are completed.
• Downtown Action Plan - staff will determine if the Planning Commission will be involved.
• Staff will coordinate a future roundtable with experts to discuss design standards.
A motion to adjourn to July 8, 2026, was passed with a unanimous vote. The meeting adjourned
at approximately 4:09 p.m.
Chair Place Date
This meeting was filmed by YPAC. The meeting video is available at the following
link:https://videos.yakimawa.gov/internetchannel/search?channel=2&query=planning%20commission
Minutes for this meeting submitted by: Eva Rivera, Planning Technician.
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ORDINANCE NO. 2026-012
AN ORDINANCE of the City of Yakima, Washington, adopting a six-month
moratorium on the filing and acceptance of development
applications for, and the location of, and issuance of permits and
approvals for, land uses that consist of or include halfway houses
as defined in Yakima Municipal Code 15.02.020 and secure
community transition facilities as defined herein; directing
development of comprehensive zoning and business regulations
pertaining to halfway houses and secure community transition
facilities; providing that the moratorium shall be in effect for six
months, through October 6, 2026; and declaring an emergency
providing for immediate effective date.
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to
adopt an ordinance imposing a moratorium and provide a process for public hearing which
must be held within sixty days of the date of adoption of the moratorium; and
WHEREAS, the City Council finds and determines that the City of Yakima needs
time to consider additional zoning regulations, definitions, health and safety regulations,
and business licensing regulations which would deal specifically with the location, design,
construction, maintenance and operation of "halfway houses" within the City of Yakima;
and
WHEREAS, the City Council finds and determines that the City of Yakima needs
time to consider additional zoning regulations, definitions, health and safety regulations,
and business licensing regulations which would deal specifically with the location, design,
construction, maintenance and operation of "secure community transition facilities" within
the City of Yakima, and time to determine an appropriate definition of "secure community
transition facility" and the differences between a "halfway house" and a "secure community
transition facility"; and
WHEREAS, there is no definition of "secure community transition facility" in the City
of Yakima zoning code and the definition needs clarity as to the differences between those
facilities and "halfway houses", and there have been increased attempts at siting "secure
community transition facilities" in neighboring communities, necessitating the need for not
only a definition for "secure community transition facility" but also a review of the definition
and regulations surrounding "halfway houses"; and
WHEREAS, the City Council has therefore decided to impose a moratorium for the
term of six months, commencing on the effective date of this ordinance and extending
through October 6, 2026, in order to study the issues as determined by the City Council
and to adopt appropriate regulations and definitions; and
WHEREAS, for purposes of this Ordinance, the term "secure community transition
facility" has the meaning found in RCW 71.09.020(16); and
WHEREAS, the City Council finds and determines that imposition of a moratorium
is necessary to (a) provide the City with an opportunity to study the issues regarding siting,
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zoning and regulation of secure community transition facilities within the City of Yakima;
b) to study the issues regarding defining secure community transition facilities; (c) to study
the issues regarding siting, zoning and regulation of halfway houses; (d) to study the
issues regarding the definition of halfway houses; (e) to study the issues regarding the
differences and overlap between halfway houses and secure community transition
facilities; (f) to protect the health, safety and welfare of the residents of Yakima and visitors,
by avoiding and ameliorating negative impacts of secure community transition facilities;
and (g) avoid applicants possibly establishing vested rights contrary to and inconsistent
with any revisions the City may make to its regulations and codes as a result of the City's
study of this matter; and
WHEREAS, the City Council finds, determines and concludes that an emergency
exists, to wit: (a) other cities have been approached regarding siting of secure community
transition facilities and have enacted moratoria, which likely will result in the state looking
for alternate cities to place such facilities and a logical city may be Yakima due to its size
and location; (b) neither City staff nor the Planning Commission have had sufficient
opportunity to review the effects of secure community transition facilities with regard to
concerns for economic development, preservation and/or promotion of site compatibility,
accessibility and safety within the various land use districts; the current halfway house
regulations may encompass secure community transition facilities, but that is not specified
in ordinances or regulations as there is no definition of secure community transition
facilities in the Yakima Municipal Code; and (d) the immediate imposition of this
moratorium will preserve the status quo to enable the City to further study the effects of
such uses and to devise appropriate zoning and regulatory controls to address the effects
of such uses; and
WHEREAS, the City Council authorizes and directs the City Manager to review
existing City codes and zoning regulations, further study the effects resulting from location
of secure community transition facilities and halfway houses within the City of Yakima,
prepare comprehensive proposed amendments to the City codes and zoning regulations
to address the effects of such uses, to confer with community members and the City
Planning Commission as appropriate, and to present recommended legislation addressing
such issues to the City Council for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on May 12, 2026, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof;
and
WHEREAS, notwithstanding the term of six months set forth above for the
moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by
the City Council in accordance with applicable law; (b) extended for additional term(s) of
six months upon action following public hearing and adoption of findings in support thereof;
c) terminated by the City Council upon adoption of appropriate zoning and regulatory
codes; or (d) terminated by the City Council for any reason deemed necessary or
appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
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Section 1. Moratorium Established. From and after the effective date of this
ordinance, the City shall not allow the filing of or accept any application for a building
permit, tenant improvement, business license, business registration, development permit,
request for conversion, nonprofit license, permit, subdivision, short subdivision, site plan
review, or any other development, for any halfway house or secure community transition
facility within any building (including any additions, expansions, or modifications thereto),
land, structure or use, within the City of Yakima, building permit, tenant improvement,
business license, business registration, development permit, request for conversion,
nonprofit license, permit, subdivision, short subdivision, site plan review, or any other
development within the City of Yakima that provides for a halfway house and/or secure
community transition facility As used in this ordinance, the following terms have the
meanings set forth below:
A. "Halfway house" is defined as set forth in Yakima Municipal Code section
15.02.020.
B. "Secure community transition facility" is defined as set forth in RCW
71.09.020(16). To wit: "Secure community transition facility" means a
residential facility for persons civilly committed and conditionally released to a
Tess restrictive alternative under this chapter. A secure community transition
facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition
facilities include but are not limited to the facility established pursuant to
RCW 71.09.250(1)(a)(i) and any community -based facilities established
under this chapter and operated by the secretary or under contract with the
secretary.
In addition to the above definitions and as necessary to interpret or apply this
Ordinance, the City hereby adopts those definitions and provisions of the
Yakima Municipal Code pertaining to land use, zoning, design and regulation.
Section 2. Exemption — Vested Rights. Applications which are legally vested as
of the effective date of this ordinance shall continue to be processed as provided in the
Yakima Municipal Code and according to the land use regulations in effect on the date of
vesting.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a
public hearing will be held on Tuesday, May 12, 2026, for the purpose of taking testimony
and, if this ordinance is passed, adopting written findings and conclusions justifying the
moratorium established by this ordinance.
Section 4. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective immediately upon passage and approval of this
ordinance, and shall remain in effect for six months, through October 6, 2026, subject to
adoption of findings and conclusions as provided in Section 3 above. This moratorium
shall also terminate upon the adoption of permanent regulations governing the location,
land use and regulation of halfway houses and/or secure community transition facilities.
Notwithstanding the above, this moratorium may be extended as provided in RCW
36.70A.390 and RCW 35.63.200.
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Section 5. Directive to City Manager, The City Council hereby authorizes and
directs the City Manager to review existing City codes and zoning regulations; to further
study the effects resulting from use of halfway houses and secure community transition
facilities; to prepare comprehensive proposed amendments to the City codes and zoning
regulations to address the effects of such uses; to confer with community members and
the City Planning Commission as appropriate; and to present recommended legislation
addressing such issues to the City Council for consideration and action.
Section 6. Declaration of Emergency. Pursuant to Article VI Section 2 of the
Charter of the City of Yakima, the City Council finds, determines and declares that this
ordinance is an emergency ordinance to provide for the immediate preservation of the
public peace, property, health or safety. The unanimous vote of the City Council shall be
necessary for the passage of this emergency ordinance,
Section 7. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 6, Ordinance to be Transmitted to Department, Pursuant to RCW
36.70A.106, this Ordinance shall be transmitted to the Washington State Department of
Commerce as required by law or otherwise posted, published or recorded as permitted by
law.
Section 9. Effective Date. This ordinance shall be in full force and effect
mediately upon its passage and approval as provided by law and the City Charter.
PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved
this 7'h day of April, 2026.
ATTEST:
Rosalinda Ibarra, CMC, City Cle
Effective Date: April 7, 2026
Publication Date: April 11, 2026
Ordinance Approved by Unanimous Vote
of Council Members: April 7, 2026
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ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.D.
For Meeting of: April 7, 2026
Ordinance adopting a six-month moratorium on the filing and
acceptance of development applications for, and the location of, and
issuance of permits and approvals for, land uses that consist of or
include halfway houses as defined in Yakima Municipal Code
15.02.020 and secure community transition facilities as defined
herein; directing development of comprehensive zoning and business
regulations pertaining to halfway houses and secure community
transition facilities; providing that the moratorium shall be in effect for
six months, through October 6, 2026; and declaring an emergency
providing for immediate effective date.
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
The State of Washington is seeking to site "secure community transition facilities" in jurisdictions
pursuant to RCW 71.09. These facilities are defined in a way that likely places them under the term
halfway house" in the Yakima Municipal Code. Since there is not a specific definition or land use
regulations for secure community transition facilities, and since the definitions and regulations regarding
halfway houses require updating, a proposed moratorium on filing and accepting development
applications and permits for both halfway houses and secure community transition facilities is in front of
Council. Moratoriums require public hearings, so, if passed by unanimous vote tonight, it will go into
effect immediately and a public hearing will be scheduled for May 12, 2026. If the moratorium does not
pass unanimously, it will go into effect 30 days after publication and the hearing will be the same date.
ITEM BUDGETED: NIA
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: N/A.
ATTACHMENTS:
Ord MORATORIUM.secure.comm.fac.docx
516
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Chapter 71.09 RCW
SEXUALLY VIOLENT PREDATORS
Sections
71.09.010 Findings.
71.09.015 Finding—Intent—Clarification.
71.09.020 Definitions.
71.09.025 Notice to prosecuting attorney prior to release.
71.09.030 Sexually violent predator petition—Filing.
71.09.035 Sexually violent predator petition—Demands for documents.
71.09.040 Sexually violent predator petition—Probable cause hearing
—Judicial determination—Transfer to total confinement
facility upon probable cause determination.
71.09.045 Indigent defense services—Activities beyond the scope of
representation by the office of public defense.
71.09.050 Trial—Rights of parties.
71.09.055 Expert evaluations of indigent persons—Costs.
71.09.060 Trial—Determination—Commitment procedures.
71.09.070 Annual examinations of persons committed under chapter—
Suspension of section.
71.09.080 Rights of persons committed under this chapter—Use of
personal computers regulated.
71.09.085 Medical care—Contracts for services—Authorization to act
on behalf of civilly committed residents.
71.09.090 Petition for conditional release to less restrictive
alternative or unconditional discharge—Procedures—
Suspension of section.
71.09.092 Conditional release to less restrictive alternative—
Findings.
71.09.094 Conditional release to less restrictive alternative—
Verdict.
71.09.096 Conditional release to less restrictive alternative—
Judgment—Conditions—Annual review.
71.09.097 Conditional release to less restrictive alternative—
Department developing placement—Considerations.
71.09.098 Revoking or modifying terms of conditional release to less
restrictive alternative—Hearing—Custody pending
hearing on revocation or modification.
71.09.099 Conditional release to less restrictive alternative—
Conditional release and transition facilities study.
71.09.110 Department of social and health services—Duties—
Reimbursement.
71.09.111 Department of social and health services—Disclosures to
the prosecuting agency.
71.09.112 Department of social and health services—Jurisdiction and
revocation of conditional release after criminal
conviction—Exception.
71.09.115 Record check required for employees of secure facility.
71.09.120 Release of information authorized.
71.09.130 Notice of escape or disappearance—Warrants—Liability.
71.09.135 McNeil Island—Escape planning, response.
71.09.140 Notice of conditional release or unconditional discharge—
Notice of escape and recapture.
71.09.200 Escorted leave—Definitions.
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71.09.210 Escorted leave—Conditions.
71.09.220 Escorted leave—Notice.
71.09.230 Escorted leave—Rules.
71.09.250 Transition facility—Siting.
71.09.252 Transition facilities—Agreements for regional facilities.
71.09.255 Transition facilities—Incentive grants and payments.
71.09.260 Transition facilities not limited to residential
neighborhoods.
71.09.265 Transition facilities—Distribution of impact.
71.09.275 Transition facility—Transportation of residents.
71.09.280 Transition facility—Release to less restrictive
placement.
71.09.285 Transition facility—Siting policy guidelines.
71.09.290 Other transition facilities—Siting policy guidelines.
71.09.295 Transition facilities—Security systems.
71.09.300 Transition facilities—Staffing.
71.09.305 Transition facility residents—Monitoring, escorting.
71.09.310 Transition facility residents—Mandatory escorts.
71.09.315 Transition facilities—Public notice, review, and comment.
71.09.320 Transition facilities—Operational advisory boards.
71.09.325 Transition facilities—Conditional release—Reports—
Violations.
71.09.330 Transition facilities—Contracted operation—Enforcement
remedies.
71.09.335 Conditional release from total confinement—Community
notification.
71.09.340 Conditionally released persons—Employment, educational
notification.
71.09.341 Transition facilities—Authority of department—Effect of
local regulations.
71.09.342 Transition facilities—Siting—Local regulations
preempted, when—Consideration of public safety
measures.
71.09.343 Transition facilities—Contract between state and local
governments.
71.09.344 Transition facilities—Mitigation agreements.
71.09.345 Alternative placement—Authority of court.
71.09.350 Examination and treatment only by certified providers—
Exceptions.
71.09.360 Treatment of persons on conditional release by certified
providers in underserved counties—Notification.
71.09.370 Residents in total confinement—State identification
cards.
71.09.800 Rules.
71.09.903 Construction—Chapter applicable to state registered
domestic partnerships—2009 c 521.
RCW 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
designed to provide short-term treatment to individuals with serious
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mental disorders and then return them to the community. In contrast to
persons appropriate for civil commitment under chapter 71.05 RCW,
sexually violent predators generally have personality disorders and/or
mental abnormalities which are unamenable to existing mental illness
treatment modalities and those conditions render them likely to engage
in sexually violent behavior. The legislature further finds that sex
offenders' likelihood of engaging in repeat acts of predatory sexual
violence is high. The existing involuntary commitment act, chapter
71.05 RCW, is inadequate to address the risk to reoffend because
during confinement these offenders do not have access to potential
victims and therefore they will not engage in an overt act during
confinement as required by the involuntary treatment act for continued
confinement. The legislature further finds that the prognosis for
curing sexually violent offenders is poor, the treatment needs of this
population are very long term, and the treatment modalities for this
population are very different than the traditional treatment
modalities for people appropriate for commitment under the involuntary
treatment act. [2001 c 286 s 3; 1990 c 3 s 1001.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
RCW 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 legislature finds that the decision
in In re the Detention of Casper Ross, 102 Wn. App 108 (2000), is
contrary to the legislature's intent. The legislature hereby clarifies
that it intends, and has always intended, in any proceeding under this
chapter that the court and jury be presented only with conditions that
would exist or that the court would have the authority to order in the
absence of a finding that the person is a sexually violent predator.
[2001 c 286 s 1.]
Recommendations—2001 c 286: "The department of social and health
services shall, in consultation with interested stakeholders, develop
recommendations for improving the procedures used to notify victims
when a sexually violent predator is conditionally released to a less
restrictive alternative under chapter 71.09 RCW, while at the same
time maintaining the confidentiality of victim information." [2001 c
286 s 10.]
Application—2001 c 286: "This act applies to all individuals
currently committed or awaiting commitment under chapter 71.09 RCW
either on, before, or after May 14, 2001, whether confined in a secure
facility or on conditional release." [2001 c 286 s 14.]
Effective date—2001 c 286: "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 [May 14, 2001]." [2001 c 286 s 15.]
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RCW 71.09.020 Definitions. (Effective until January 1, 2027.)
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.
(9) "Mental abnormality" means a congenital or acquired condition
affecting the emotional or volitional capacity which predisposes the
person to the commission of criminal sexual acts in a degree
constituting such person a menace to the health and safety of others.
(10) "Personality disorder" means an enduring pattern of inner
experience and behavior that deviates markedly from the expectations
of the individual's culture, is pervasive and inflexible, has onset in
adolescence or early adulthood, is stable over time and leads to
distress or impairment. Purported evidence of a personality disorder
must be supported by testimony of a licensed forensic psychologist or
psychiatrist.
(11) "Predatory" means acts directed towards: (a) Strangers; (b)
individuals with whom a relationship has been established or promoted
for the primary purpose of victimization; or (c) persons of casual
acquaintance with whom no substantial personal relationship exists.
(12) "Prosecuting agency" means the prosecuting attorney of the
county where the person was convicted or charged or the attorney
general if requested by the prosecuting attorney, as provided in RCW
71.09.030.
(13) "Recent overt act" means any act, threat, or combination
thereof that has either caused harm of a sexually violent nature or
creates a reasonable apprehension of such harm in the mind of an
objective person who knows of the history and mental condition of the
person engaging in the act or behaviors.
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(14) "Risk potential activity" or "risk potential facility" means
an activity or facility that provides a higher incidence of risk to
the public from persons conditionally released from the special
commitment center. Risk potential activities and facilities include:
Public and private schools, school bus stops, licensed day care and
licensed preschool facilities, public parks, publicly dedicated
trails, sports fields, playgrounds, recreational and community
centers, churches, synagogues, temples, mosques, public libraries,
public and private youth camps, and others identified by the
department following the hearings on a potential site required in RCW
71.09.315. For purposes of this chapter, "school bus stops" does not
include bus stops established primarily for public transit.
(15) "Secretary" means the secretary of social and health
services or the secretary's designee.
(16) "Secure community transition facility" means a residential
facility for persons civilly committed and conditionally released to a
less restrictive alternative under this chapter. A secure community
transition facility has supervision and security, and either provides
or ensures the provision of sex offender treatment services. Secure
community transition facilities include but are not limited to the
facility established pursuant to RCW 71.09.250(1)(a)(i) and any
community-based facilities established under this chapter and operated
by the secretary or under contract with the secretary.
(17) "Secure facility" means a residential facility for persons
civilly confined under the provisions of this chapter that includes
security measures sufficient to protect the community. Such facilities
include total confinement facilities, secure community transition
facilities, and any residence used as a court-ordered placement under
RCW 71.09.096.
(18) "Sexually violent offense" means an act committed on,
before, or after July 1, 1990, that is: (a) An act defined in Title 9A
RCW as rape in the first degree, rape in the second degree by forcible
compulsion, rape of a child in the first or second degree, statutory
rape in the first or second degree, indecent liberties by forcible
compulsion, indecent liberties against a child under age fourteen,
incest against a child under age fourteen, or child molestation in the
first or second degree; (b) a felony offense in effect at any time
prior to July 1, 1990, that is comparable to a sexually violent
offense as defined in (a) of this subsection, or any federal or out-
of-state conviction for a felony offense that under the laws of this
state would be a sexually violent offense as defined in this
subsection; (c) an act of murder in the first or second degree,
assault in the first or second degree, assault of a child in the first
or second degree, kidnapping in the first or second degree, burglary
in the first degree, residential burglary, or unlawful imprisonment,
which act, either at the time of sentencing for the offense or
subsequently during civil commitment proceedings pursuant to this
chapter, has been determined beyond a reasonable doubt to have been
sexually motivated, as that term is defined in RCW 9.94A.030; or (d)
an act as described in chapter 9A.28 RCW, that is an attempt, criminal
solicitation, or criminal conspiracy to commit one of the felonies
designated in (a), (b), or (c) of this subsection.
(19) "Sexually violent predator" means any person who has been
convicted of or charged with a crime of sexual violence and who
suffers from a mental abnormality or personality disorder which makes
the person likely to engage in predatory acts of sexual violence if
not confined in a secure facility.
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(20) "Total confinement facility" means a secure facility that
provides supervision and sex offender treatment services in a total
confinement setting. Total confinement facilities include the special
commitment center and any similar facility designated as a total
confinement facility by the secretary.
(21) "Treatment" means the sex offender specific treatment
program at the special commitment center or a specific course of sex
offender treatment pursuant to RCW 71.09.092 (1) and (2). [2021 c 236
s 2. Prior: 2015 c 278 s 2; 2009 c 409 s 1; 2006 c 303 s 10; prior:
2003 c 216 s 2; 2003 c 50 s 1; 2002 c 68 s 4; 2002 c 58 s 2; 2001 2nd
sp.s. c 12 s 102; 2001 c 286 s 4; 1995 c 216 s 1; 1992 c 145 s 17;
1990 1st ex.s. c 12 s 2; 1990 c 3 s 1002.]
Findings—2021 c 236: "The legislature finds that in 2008, the
sex offender policy board was established to provide a more
coordinated and integrated response to sex offender management in
Washington state. The legislature further finds that in March 2020,
the board was convened to review policies and practices related to
sexually violent predators. The legislature recognizes that the board
released a report and a series of recommendations regarding
improvement to the current practice in order to ensure a successful
transition for individuals convicted of sex offenses from total
confinement back into the community. The legislature resolves to
increase community safety through successful transition by enacting
the recommendations of the board and other related policies." [2021 c
236 s 1.]
Effective date—2015 c 278 ss 1 and 2: See note following RCW
71.09.070.
Application—2009 c 409: "This act applies to all persons
currently committed or awaiting commitment under chapter 71.09 RCW
either on, before, or after May 7, 2009, whether confined in a secure
facility or on conditional release." [2009 c 409 s 15.]
Effective date—2009 c 409: "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 [May 7, 2009]." [2009 c 409 s 16.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Application—2003 c 50: "This act applies prospectively only and
not retroactively and does not apply to development regulations
adopted or amended prior to April 17, 2003." [2003 c 50 s 3.]
Effective date—2003 c 50: "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 17, 2003]." [2003 c 50 s 4.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
Effective date—2002 c 58: See note following RCW 71.09.085.
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Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
RCW 71.09.020 Definitions. (Effective January 1, 2027.) 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.
(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.
(9) "Mental abnormality" means a congenital or acquired condition
affecting the emotional or volitional capacity which predisposes the
person to the commission of criminal sexual acts in a degree
constituting such person a menace to the health and safety of others.
(10) "Personality disorder" means an enduring pattern of inner
experience and behavior that deviates markedly from the expectations
of the individual's culture, is pervasive and inflexible, has onset in
adolescence or early adulthood, is stable over time and leads to
distress or impairment. Purported evidence of a personality disorder
must be supported by testimony of a licensed forensic psychologist or
psychiatrist.
(11) "Predatory" means acts directed towards: (a) Strangers; (b)
individuals with whom a relationship has been established or promoted
for the primary purpose of victimization; or (c) persons of casual
acquaintance with whom no substantial personal relationship exists.
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(12) "Prosecuting agency" means the prosecuting attorney of the
county where the person was convicted or charged or the attorney
general if requested by the prosecuting attorney, as provided in RCW
71.09.030.
(13) "Recent overt act" means any act, threat, or combination
thereof that has either caused harm of a sexually violent nature or
creates a reasonable apprehension of such harm in the mind of an
objective person who knows of the history and mental condition of the
person engaging in the act or behaviors.
(14) "Risk potential activity" or "risk potential facility" means
an activity or facility that provides a higher incidence of risk to
the public from persons conditionally released from the special
commitment center. Risk potential activities and facilities include:
Public and private schools, school bus stops, licensed day care and
licensed preschool facilities, public parks, publicly dedicated
trails, sports fields, playgrounds, recreational and community
centers, churches, synagogues, temples, mosques, public libraries,
public and private youth camps, and others identified by the
department following the hearings on a potential site required in RCW
71.09.315. For purposes of this chapter, "school bus stops" does not
include bus stops established primarily for public transit.
(15) "Secretary" means the secretary of social and health
services or the secretary's designee.
(16) "Secure community transition facility" means a residential
facility for persons civilly committed and conditionally released to a
less restrictive alternative under this chapter. A secure community
transition facility has supervision and security, and either provides
or ensures the provision of sex offender treatment services. Secure
community transition facilities include but are not limited to the
facility established pursuant to RCW 71.09.250(1)(a)(i) and any
community-based facilities established under this chapter and operated
by the secretary or under contract with the secretary.
(17) "Secure facility" means a residential facility for persons
civilly confined under the provisions of this chapter that includes
security measures sufficient to protect the community. Such facilities
include total confinement facilities, secure community transition
facilities, and any residence used as a court-ordered placement under
RCW 71.09.096.
(18) "Sexually violent offense" means an act committed on,
before, or after July 1, 1990, that is: (a) An act defined in Title 9A
RCW as rape in the first degree, rape in the second degree by forcible
compulsion, rape of a child in the first or second degree, statutory
rape in the first or second degree, indecent liberties by forcible
compulsion, indecent liberties against a child under age fourteen,
incest against a child under age fourteen, or child molestation in the
first or second degree; (b) a felony offense in effect at any time
prior to July 1, 1990, that is comparable to a sexually violent
offense as defined in (a) of this subsection, or any federal or out-
of-state conviction for a felony offense that under the laws of this
state would be a sexually violent offense as defined in this
subsection; (c) an act of murder in the first or second degree,
assault in the first or second degree, assault of a child in the first
or second degree, kidnapping in the first or second degree, burglary
in the first degree, residential burglary, or unlawful imprisonment,
which act, either at the time of sentencing for the offense or
subsequently during civil commitment proceedings pursuant to this
chapter, has been determined beyond a reasonable doubt to have been
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sexually motivated, as that term is defined in RCW 9.94A.030; or (d)
an act as described in chapter 9A.28 RCW, that is an attempt, criminal
solicitation, or criminal conspiracy to commit one of the felonies
designated in (a), (b), or (c) of this subsection.
(19) "Sexually violent predator" means any person who has been
convicted of or charged with a crime of sexual violence and who
suffers from a mental abnormality or personality disorder which makes
the person likely to engage in predatory acts of sexual violence if
not confined in a secure facility.
(20) "Total confinement facility" means a secure facility that
provides supervision and sex offender treatment services in a total
confinement setting. Total confinement facilities include the special
commitment center and any similar facility designated as a total
confinement facility by the secretary.
(21) "Treatment" means the sex offender specific treatment
program at the special commitment center or a specific course of sex
offender treatment pursuant to RCW 71.09.092 (1) and (2). [2026 c 254
s 3; 2021 c 236 s 2. Prior: 2015 c 278 s 2; 2009 c 409 s 1; 2006 c 303
s 10; prior: 2003 c 216 s 2; 2003 c 50 s 1; 2002 c 68 s 4; 2002 c 58 s
2; 2001 2nd sp.s. c 12 s 102; 2001 c 286 s 4; 1995 c 216 s 1; 1992 c
145 s 17; 1990 1st ex.s. c 12 s 2; 1990 c 3 s 1002.]
Effective date—2026 c 254 ss 3-5: "Sections 3 through 5 of this
act take effect January 1, 2027." [2026 c 254 s 6.]
Intent—2026 c 254: "The legislature intends to end the community
protection program to allow clients of the home and community living
administration to obtain less restrictive service options. This act is
not intended to reduce the supportive services that clients of the
home and community living administration receive." [2026 c 254 s 1.]
Findings—2021 c 236: "The legislature finds that in 2008, the
sex offender policy board was established to provide a more
coordinated and integrated response to sex offender management in
Washington state. The legislature further finds that in March 2020,
the board was convened to review policies and practices related to
sexually violent predators. The legislature recognizes that the board
released a report and a series of recommendations regarding
improvement to the current practice in order to ensure a successful
transition for individuals convicted of sex offenses from total
confinement back into the community. The legislature resolves to
increase community safety through successful transition by enacting
the recommendations of the board and other related policies." [2021 c
236 s 1.]
Effective date—2015 c 278 ss 1 and 2: See note following RCW
71.09.070.
Application—2009 c 409: "This act applies to all persons
currently committed or awaiting commitment under chapter 71.09 RCW
either on, before, or after May 7, 2009, whether confined in a secure
facility or on conditional release." [2009 c 409 s 15.]
Effective date—2009 c 409: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or
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support of the state government and its existing public institutions,
and takes effect immediately [May 7, 2009]." [2009 c 409 s 16.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Application—2003 c 50: "This act applies prospectively only and
not retroactively and does not apply to development regulations
adopted or amended prior to April 17, 2003." [2003 c 50 s 3.]
Effective date—2003 c 50: "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 17, 2003]." [2003 c 50 s 4.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
Effective date—2002 c 58: See note following RCW 71.09.085.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
RCW 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 general, three months
prior to:
(i) The anticipated release from total confinement of a person
who has been convicted of a sexually violent offense;
(ii) The anticipated release from total confinement of a person
found to have committed a sexually violent offense as a juvenile;
(iii) Release of a person who has been charged with a sexually
violent offense and who has been determined to be incompetent to stand
trial pursuant to RCW 10.77.645(7); or
(iv) Release of a person who has been found not guilty by reason
of insanity of a sexually violent offense pursuant to RCW 10.77.103
and 10.77.500.
(b) The agency shall provide the prosecuting agency with all
relevant information including but not limited to the following
information:
(i) A complete copy of the institutional records compiled by the
department of corrections relating to the person, and any such out-of-
state department of corrections' records, if available;
(ii) A complete copy, if applicable, of any file compiled by the
indeterminate sentence review board relating to the person;
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(iii) All records relating to the psychological or psychiatric
evaluation and/or treatment of the person;
(iv) A current record of all prior arrests and convictions, and
full police case reports relating to those arrests and convictions;
and
(v) A current mental health evaluation or mental health records
review.
(c) The prosecuting agency has the authority, consistent with RCW
72.09.345(4), to obtain all records relating to the person if the
prosecuting agency deems such records are necessary to fulfill its
duties under this chapter. The prosecuting agency may only disclose
such records in the course of performing its duties pursuant to this
chapter, unless otherwise authorized by law.
(d) The prosecuting agency has the authority to utilize the
inquiry judge procedures of chapter 10.27 RCW prior to the filing of
any action under this chapter to seek the issuance of compulsory
process for the production of any records relevant to a determination
of whether to seek the civil commitment of a person under this
chapter. Any records obtained pursuant to this process may only be
disclosed by the prosecuting agency in the course of performing its
duties pursuant to this chapter, or unless otherwise authorized by
law.
(e) The prosecuting agency has the authority to utilize the
procedures under RCW 71.09.035 for the production of any records held
by a public agency, including any agency as defined in RCW 42.56.010,
relevant to a determination of whether to seek the civil commitment of
a person under this chapter. Any records obtained pursuant to this
process may only be disclosed by the prosecuting agency in the course
of performing its duties pursuant to this chapter, or unless otherwise
authorized by law.
(2) The agency, its employees, and officials shall be immune from
liability for any good-faith conduct under this section.
(3) As used in this section, "agency with jurisdiction" means
that agency with the authority to direct the release of a person
serving a sentence or term of confinement and includes the department
of corrections, the indeterminate sentence review board, and the
department of social and health services. [2025 c 48 s 1; 2023 c 453
s 26; 2009 c 409 s 2; 2008 c 213 s 11; 2001 c 286 s 5; 1995 c 216 s 2;
1992 c 45 s 3.]
Findings—2023 c 453: See note following RCW 10.77.400.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
RCW 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
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convicted of a sexually violent offense is about to be released from
total confinement; (b) a person found to have committed a sexually
violent offense as a juvenile is about to be released from total
confinement; (c) a person who has been charged with a sexually violent
offense and who has been determined to be incompetent to stand trial
is about to be released, or has been released, pursuant to RCW
10.77.645(7); (d) a person who has been found not guilty by reason of
insanity of a sexually violent offense is about to be released, or has
been released, pursuant to RCW *10.77.103(3), **10.77.530 (1) or (3),
or 10.77.550; or (e) a person who at any time previously has been
convicted of a sexually violent offense and has since been released
from total confinement and has committed a recent overt act.
(2) The petition may be filed by:
(a) The prosecuting attorney of a county in which:
(i) The person has been charged or convicted with a sexually
violent offense;
(ii) A recent overt act occurred involving a person covered under
subsection (1)(e) of this section; or
(iii) The person committed a recent overt act, or was charged or
convicted of a criminal offense that would qualify as a recent overt
act, if the only sexually violent offense charge or conviction
occurred in a jurisdiction other than Washington; or
(b) The attorney general, if requested by the county prosecuting
attorney identified in (a) of this subsection. If the county
prosecuting attorney requests that the attorney general file and
prosecute a case under this chapter, then the county shall charge the
attorney general only the fees, including filing and jury fees, that
would be charged and paid by the county prosecuting attorney, if the
county prosecuting attorney retained the case. [2023 c 453 s 27; 2009
c 409 s 3; 2008 c 213 s 12; 1995 c 216 s 3; 1992 c 45 s 4; 1990 1st
ex.s. c 12 s 3; 1990 c 3 s 1003.]
Reviser's note: *(1) RCW 10.77.103 was amended by 1998 c 297 s
30, deleting subsection (3).
**(2) RCW 10.77.530 was amended by 2024 c 137 s 1, changing
subsections (1) and (3) to subsection (1).
Findings—2023 c 453: See note following RCW 10.77.400.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
RCW 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 tangible
document or recording, wherever situated, which is believed to be
relevant to the determination of whether to seek the civil commitment
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of a person under this chapter, the prosecuting agency may, prior to
the institution of a civil proceeding thereon, execute in writing and
cause to be served upon such public agency, a civil investigative
demand requiring such public agency to produce such documentary
material and permit inspection and copying.
(2) Each demand executed under this section shall:
(a) State the relevant sections or subsections authorizing the
issuance of the demand and further state that the demand is for the
purpose of obtaining information to aid in a determination of whether
to seek the civil commitment of a person;
(b) Describe the class or classes of documentary material to be
produced with reasonable specificity so as fairly to indicate the
material demanded;
(c) Prescribe a return date within which the documentary material
is to be produced; and
(d) Identify the members of the prosecuting agency's staff to
whom such documentary material is to be made available for inspection
and copying.
(3) No demand executed under this section may:
(a) Contain any requirement which would be unreasonable or
improper if contained in a subpoena duces tecum; or
(b) Require the disclosure of any documentary material which
would be privileged, or which for any other reason would not be
required by a subpoena duces tecum issued by a court of this state.
(4) Service of any demand executed under this section may be made
by delivering a copy consistent with the civil rules regarding the
service of a subpoena duces tecum unless the public agency to whom the
demand is directed to agrees otherwise.
(5) At any time before the return date specified in the demand,
or within 20 days after the demand has been served, whichever period
is shorter, a petition to extend the return date for, or to modify or
set aside a demand issued under subsection (1) of this section,
stating good cause, may be filed in the superior court for Thurston
county, or in such other county where the public agency is situated. A
petition by the public agency on whom the demand is served, stating
good cause, to require the prosecuting agency or any person to perform
any duty imposed by the provisions of this section, and all other
petitions in connection with a demand executed under this section, may
be filed in the superior court for Thurston county, or in the county
where the public agency is situated or in such other county as may be
agreed upon by the parties to such petition. The court shall have
jurisdiction to impose such sanctions as are provided for in the civil
rules for superior court with respect to discovery motions.
(6) Whenever any public agency fails to comply with any civil
investigative demand for documentary material under this section, or
whenever satisfactory copying or reproduction of any such material
cannot be done and such public agency refuses to surrender such
material, the prosecuting agency may file, in the trial court of
general jurisdiction of the county in which such public agency is
situated, and serve upon such public agency a petition for an order of
such court for the enforcement of this section, except that if such
public agency is situated in more than one county such petition shall
be filed in the county in which such public agency maintains its
principal place of business, or in such other county as may be agreed
upon by the parties to such petition. Whenever any petition is filed
in the trial court of general jurisdiction of any county under this
section, such court shall have jurisdiction to hear and determine the
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matter presented and to enter such order or orders as may be required
to carry into effect the provisions of this section, and may impose
such sanctions as are provided for in the civil rules for superior
court with respect to discovery motions.
(7) This section shall not be applicable to criminal
prosecutions. [2025 c 48 s 2.]
RCW 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
defense of the potential need for representation.
(2) Within seventy-two hours after a person is taken into custody
pursuant to subsection (1) of this section, the court shall provide
the person with notice of, and an opportunity to appear in person at,
a hearing to contest probable cause as to whether the person is a
sexually violent predator. In order to assist the person at the
hearing, within twenty-four hours of service of the petition, the
prosecuting agency shall provide to the person or his or her counsel a
copy of all materials provided to the prosecuting agency by the
referring agency pursuant to RCW 71.09.025, or obtained by the
prosecuting agency pursuant to RCW 71.09.025(1) (c) and (d). At this
hearing, the court shall (a) verify the person's identity, and (b)
determine whether probable cause exists to believe that the person is
a sexually violent predator. At the probable cause hearing, the state
may rely upon the petition and certification for determination of
probable cause filed pursuant to RCW 71.09.030. The state may
supplement this with additional documentary evidence or live
testimony. The person may be held in total confinement at the county
jail until the trial court renders a decision after the conclusion of
the seventy-two hour probable cause hearing. The county shall be
entitled to reimbursement for the cost of housing and transporting the
person pursuant to rules adopted by the secretary.
(3) At the probable cause hearing, the person shall have the
following rights in addition to the rights previously specified: (a)
To be represented by counsel, and if the person is indigent as defined
in RCW 10.101.010, to have office of public defense contracted counsel
appointed as provided in RCW 10.101.020; (b) to present evidence on
his or her behalf; (c) to cross-examine witnesses who testify against
him or her; (d) to view and copy all petitions and reports in the
court file. The court must permit a witness called by either party to
testify by telephone. Because this is a special proceeding, discovery
pursuant to the civil rules shall not occur until after the hearing
has been held and the court has issued its decision.
(4) If the probable cause determination is made, the judge shall
direct that the person be transferred to the custody of the department
of social and health services for placement in a total confinement
facility operated by the department. In no event shall the person be
released from confinement prior to trial. [2012 c 257 s 4; 2009 c 409
s 4; 2001 c 286 s 6; 1995 c 216 s 4; 1990 c 3 s 1004.]
Effective date—2012 c 257: See note following RCW 2.70.020.
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Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
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 s 8.]
Effective date—2012 c 257: See note following RCW 2.70.020.
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
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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 s
5; 2010 1st sp.s. c 28 s 1; 2009 c 409 s 5; 1995 c 216 s 5; 1990 c 3 s
1005.]
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.
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 s 9.]
Effective date—2012 c 257: See note following RCW 2.70.020.
RCW 71.09.060 Trial—Determination—Commitment procedures.
(Effective until January 1, 2027.) (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 voluntary treatment options that would exist for the
person if unconditionally released from detention on the sexually
violent predator petition. The community protection program under RCW
71A.12.230 may not be considered as a placement condition or treatment
option available to the person if unconditionally released from
detention on a sexually violent predator petition. When the
determination is made by a jury, the verdict must be unanimous.
If, on the date that the petition is filed, the person was living
in the community after release from custody, the state must also prove
beyond a reasonable doubt that the person had committed a recent overt
act. If the state alleges that the prior sexually violent offense that
forms the basis for the petition for commitment was an act that was
sexually motivated as provided in RCW 71.09.020(18)(c), the state must
prove beyond a reasonable doubt that the alleged sexually violent act
was sexually motivated as defined in RCW 9.94A.030.
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If the court or jury determines that the person is a sexually
violent predator, the person shall be committed to the custody of the
department of social and health services for placement in a secure
facility operated by the department of social and health services for
control, care, and treatment until such time as: (a) The person's
condition has so changed that the person no longer meets the
definition of a sexually violent predator; or (b) conditional release
to a less restrictive alternative as set forth in RCW 71.09.092 is in
the best interest of the person and conditions can be imposed that
would adequately protect the community.
If the court or unanimous jury decides that the state has not met
its burden of proving that the person is a sexually violent predator,
the court shall direct the person's release.
If the jury is unable to reach a unanimous verdict, the court
shall declare a mistrial and set a retrial within forty-five days of
the date of the mistrial unless the prosecuting agency earlier moves
to dismiss the petition. The retrial may be continued upon the request
of either party accompanied by a showing of good cause, or by the
court on its own motion in the due administration of justice provided
that the respondent will not be substantially prejudiced. In no event
may the person be released from confinement prior to retrial or
dismissal of the case.
(2) If the person charged with a sexually violent offense has
been found incompetent to stand trial, and is about to be or has been
released pursuant to RCW 10.77.645(7), and his or her commitment is
sought pursuant to subsection (1) of this section, the court shall
first hear evidence and determine whether the person did commit the
act or acts charged if the court did not enter a finding prior to
dismissal under RCW 10.77.645(7) that the person committed the act or
acts charged. The hearing on this issue must comply with all the
procedures specified in this section. In addition, the rules of
evidence applicable in criminal cases shall apply, and all
constitutional rights available to defendants at criminal trials,
other than the right not to be tried while incompetent, shall apply.
After hearing evidence on this issue, the court shall make specific
findings on whether the person did commit the act or acts charged, the
extent to which the person's incompetence or developmental disability
affected the outcome of the hearing, including its effect on the
person's ability to consult with and assist counsel and to testify on
his or her own behalf, the extent to which the evidence could be
reconstructed without the assistance of the person, and the strength
of the prosecution's case. If, after the conclusion of the hearing on
this issue, the court finds, beyond a reasonable doubt, that the
person did commit the act or acts charged, it shall enter a final
order, appealable by the person, on that issue, and may proceed to
consider whether the person should be committed pursuant to this
section.
(3) Except as otherwise provided in this chapter, the state shall
comply with RCW 10.77.597 while confining the person. During all court
proceedings where the person is present, the person shall be detained
in a secure facility. If the proceedings last more than one day, the
person may be held in the county jail for the duration of the
proceedings, except the person may be returned to the department's
custody on weekends and court holidays if the court deems such a
transfer feasible. The county shall be entitled to reimbursement for
the cost of housing and transporting the person pursuant to rules
adopted by the secretary. The department shall not place the person,
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even temporarily, in a facility on the grounds of any state mental
facility or regional habilitation center because these institutions
are insufficiently secure for this population.
(4) A court has jurisdiction to order a less restrictive
alternative placement only after a hearing ordered pursuant to RCW
71.09.090 following initial commitment under this section and in
accord with the provisions of this chapter. [2023 c 453 s 28; 2009 c
409 s 6; 2008 c 213 s 13; 2006 c 303 s 11; 2001 c 286 s 7; 1998 c 146
s 1; 1995 c 216 s 6; 1990 1st ex.s. c 12 s 4; 1990 c 3 s 1006.]
Findings—2023 c 453: See note following RCW 10.77.400.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1998 c 146: "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 25, 1998]." [1998 c 146 s 2.]
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
RCW 71.09.060 Trial—Determination—Commitment procedures.
(Effective January 1, 2027.) (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 voluntary treatment options that would exist for the
person if unconditionally released from detention on the sexually
violent predator petition. When the determination is made by a jury,
the verdict must be unanimous.
If, on the date that the petition is filed, the person was living
in the community after release from custody, the state must also prove
beyond a reasonable doubt that the person had committed a recent overt
act. If the state alleges that the prior sexually violent offense that
forms the basis for the petition for commitment was an act that was
sexually motivated as provided in RCW 71.09.020(18)(c), the state must
prove beyond a reasonable doubt that the alleged sexually violent act
was sexually motivated as defined in RCW 9.94A.030.
If the court or jury determines that the person is a sexually
violent predator, the person shall be committed to the custody of the
department of social and health services for placement in a secure
facility operated by the department of social and health services for
control, care, and treatment until such time as: (a) The person's
condition has so changed that the person no longer meets the
definition of a sexually violent predator; or (b) conditional release
to a less restrictive alternative as set forth in RCW 71.09.092 is in
the best interest of the person and conditions can be imposed that
would adequately protect the community.
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If the court or unanimous jury decides that the state has not met
its burden of proving that the person is a sexually violent predator,
the court shall direct the person's release.
If the jury is unable to reach a unanimous verdict, the court
shall declare a mistrial and set a retrial within forty-five days of
the date of the mistrial unless the prosecuting agency earlier moves
to dismiss the petition. The retrial may be continued upon the request
of either party accompanied by a showing of good cause, or by the
court on its own motion in the due administration of justice provided
that the respondent will not be substantially prejudiced. In no event
may the person be released from confinement prior to retrial or
dismissal of the case.
(2) If the person charged with a sexually violent offense has
been found incompetent to stand trial, and is about to be or has been
released pursuant to *RCW 10.77.645(7), and his or her commitment is
sought pursuant to subsection (1) of this section, the court shall
first hear evidence and determine whether the person did commit the
act or acts charged if the court did not enter a finding prior to
dismissal under *RCW 10.77.645(7) that the person committed the act or
acts charged. The hearing on this issue must comply with all the
procedures specified in this section. In addition, the rules of
evidence applicable in criminal cases shall apply, and all
constitutional rights available to defendants at criminal trials,
other than the right not to be tried while incompetent, shall apply.
After hearing evidence on this issue, the court shall make specific
findings on whether the person did commit the act or acts charged, the
extent to which the person's incompetence or developmental disability
affected the outcome of the hearing, including its effect on the
person's ability to consult with and assist counsel and to testify on
his or her own behalf, the extent to which the evidence could be
reconstructed without the assistance of the person, and the strength
of the prosecution's case. If, after the conclusion of the hearing on
this issue, the court finds, beyond a reasonable doubt, that the
person did commit the act or acts charged, it shall enter a final
order, appealable by the person, on that issue, and may proceed to
consider whether the person should be committed pursuant to this
section.
(3) Except as otherwise provided in this chapter, the state shall
comply with *RCW 10.77.597 while confining the person. During all
court proceedings where the person is present, the person shall be
detained in a secure facility. If the proceedings last more than one
day, the person may be held in the county jail for the duration of the
proceedings, except the person may be returned to the department's
custody on weekends and court holidays if the court deems such a
transfer feasible. The county shall be entitled to reimbursement for
the cost of housing and transporting the person pursuant to rules
adopted by the secretary. The department shall not place the person,
even temporarily, in a facility on the grounds of any state mental
facility or regional habilitation center because these institutions
are insufficiently secure for this population.
(4) A court has jurisdiction to order a less restrictive
alternative placement only after a hearing ordered pursuant to RCW
71.09.090 following initial commitment under this section and in
accord with the provisions of this chapter. [2026 c 254 s 4; 2023 c
453 s 28; 2009 c 409 s 6; 2008 c 213 s 13; 2006 c 303 s 11; 2001 c 286
s 7; 1998 c 146 s 1; 1995 c 216 s 6; 1990 1st ex.s. c 12 s 4; 1990 c 3
s 1006.]
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*Reviser's note: These RCW references have been corrected to
reflect the reorganization of chapter 10.77 RCW by 2025 c 358 s 2.
Effective date—2026 c 254 ss 3-5: See note following RCW
71.09.020.
Intent—2026 c 254: See note following RCW 71.09.020.
Findings—2023 c 453: See note following RCW 10.77.400.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Effective date—1998 c 146: "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 25, 1998]." [1998 c 146 s 2.]
Effective date—1990 1st ex.s. c 12: See note following RCW
13.40.020.
RCW 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 predator;
(b) Conditional release to a less restrictive alternative is in
the best interest of the person; and
(c) Conditions can be imposed that would adequately protect the
community.
(3) The department, on request of the committed person, shall
allow a record of the annual review interview to be preserved by audio
recording and made available to the committed person.
(4) The evaluator must indicate in the report whether the
committed person participated in the interview and examination.
(5) The department shall file the report with the court that
committed the person under this chapter. The report shall be in the
form of a declaration or certification in compliance with the
requirements of chapter 5.50 RCW and shall be prepared by a
professionally qualified person as defined by rules adopted by the
secretary. A copy of the report shall be served on the prosecuting
agency involved in the initial commitment and upon the committed
person and his or her counsel.
(6)(a) The committed person may retain, or if he or she is
indigent and so requests, the court may appoint a qualified expert or
a professional person to examine him or her, and such expert or
professional person shall have access to all records concerning the
person.
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(b) Any report prepared by the expert or professional person and
any expert testimony on the committed person's behalf is not
admissible in a proceeding pursuant to RCW 71.09.090, unless the
committed person participated in the most recent interview and
evaluation completed by the department.
(7) If an unconditional release trial is ordered pursuant to RCW
71.09.090, this section is suspended until the completion of that
trial. If the individual is found either by jury or the court to
continue to meet the definition of a sexually violent predator, the
department must conduct an examination pursuant to this section no
later than one year after the date of the order finding that the
individual continues to be a sexually violent predator. The
examination must comply with the requirements of this section.
(8) During any period of confinement pursuant to a criminal
conviction, or for any period of detention awaiting trial on criminal
charges, this section is suspended. Upon the return of the person
committed under this chapter to the custody of the department, the
department shall initiate an examination of the person's mental
condition. The examination must comply with the requirements of
subsection (1) of this section. [2019 c 232 s 25; 2015 c 278 s 1;
2011 2nd sp.s. c 7 s 1; 2001 c 286 s 8; 1995 c 216 s 7; 1990 c 3 s
1007.]
Effective date—2015 c 278 ss 1 and 2: "Sections 1 and 2 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and take effect July 1, 2015." [2015 c 278 s 4.]
Effective date—2011 2nd sp.s. c 7: "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 [December 20, 2011]." [2011 2nd sp.s. c 7
s 3.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
RCW 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 person committed or detained pursuant to this chapter
shall be prohibited from possessing or accessing a personal computer
if the resident's individualized treatment plan states that access to
a computer is harmful to bringing about a positive response to a
specific and certain phase or course of treatment.
(b) A person who is prohibited from possessing or accessing a
personal computer under (a) of this subsection shall be permitted to
access a limited functioning personal computer capable of word
processing and limited data storage on the computer only that does not
have: (i) Internet access capability; (ii) an optical drive, external
drive, universal serial bus port, or similar drive capability; or
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(iii) the capability to display photographs, images, videos, or motion
pictures, or similar display capability from any drive or port
capability listed under (b)(ii) of this subsection.
(3) Any person committed pursuant to this chapter has the right
to adequate care, individualized treatment, and the development of an
ongoing, clinically appropriate discharge plan as part of the
treatment process. The department of social and health services shall
keep records detailing all medical, expert, and professional care and
treatment received by a committed person, and shall keep copies of all
reports of periodic examinations made pursuant to this chapter. All
such records and reports shall be made available upon request only to:
The committed person, his or her attorney, the prosecuting agency, the
court, the protection and advocacy agency, or another expert or
professional person who, upon proper showing, demonstrates a need for
access to such records.
(4) The right to the development of a discharge plan under
subsection (3) of this section does not guarantee that any particular
person will be determined appropriate for discharge at any particular
time. Nothing in this section precludes the department from expressing
professional judgment regarding the suitability of discharge for the
protection of a resident's safety or community safety. Individualized
and ongoing discharge planning requires, at a minimum, and as part of
a person's treatment plan, the following are addressed based on
information known to the department and in accordance with policies
developed by the department to implement this subsection:
(a) The resident's known physical health, functioning, and any
need for health aid devices;
(b) The resident's known intellectual or cognitive level of
functioning and need for specialized programming;
(c) The resident's known history of substance use and abuse;
(d) The resident's known history of risky or impulsive behaviors,
criminogenic needs, and treatment interventions to address them;
(e) The resident's known ability to perform life skills and
activities of daily living independently and the resident's known need
for any disability accommodations;
(f) A summary of the known community services and supports the
resident needs for a safe life in the community and the type of
providers of such services and support; and
(g) A plan to mitigate the needs identified in this subsection
that also addresses ways to develop or increase social supports,
recreation opportunities, gainful employment, and if applicable,
spiritual opportunities.
(5) At the time a person is taken into custody or transferred
into a facility pursuant to a petition under this chapter, the
professional person in charge of such facility or his or her designee
shall take reasonable precautions to inventory and safeguard the
personal property of the persons detained or transferred. A copy of
the inventory, signed by the staff member making it, shall be given to
the person detained and shall, in addition, be open to inspection to
any responsible relative, subject to limitations, if any, specifically
imposed by the detained person. For purposes of this subsection,
"responsible relative" includes the guardian, conservator, attorney,
spouse, parent, adult child, or adult brother or sister of the person.
The facility shall not disclose the contents of the inventory to any
other person without consent of the patient or order of the court.
(6) Nothing in this chapter prohibits a person presently
committed from exercising a right presently available to him or her
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for the purpose of obtaining release from confinement, including the
right to petition for a writ of habeas corpus.
(7) No indigent person may be conditionally released or
unconditionally discharged under this chapter without suitable
clothing, and the secretary shall furnish the person with such sum of
money as is required by RCW 72.02.100 for persons without ample funds
who are released from correctional institutions. As funds are
available, the secretary may provide payment to the indigent persons
conditionally released pursuant to this chapter consistent with the
optional provisions of RCW 72.02.100 and 72.02.110, and may adopt
rules to do so.
(8) If a civil commitment petition is dismissed, or a trier of
fact determines that a person does not meet civil commitment criteria,
the person shall be released within twenty-four hours of service of
the release order on the superintendent of the special commitment
center, or later by agreement of the person who is the subject of the
petition. [2021 c 236 s 3; 2012 c 257 s 6; 2010 c 218 s 2; 2009 c 409
s 7; 1995 c 216 s 8; 1990 c 3 s 1008.]
Findings—2021 c 236: See note following RCW 71.09.020.
Effective date—2012 c 257: See note following RCW 2.70.020.
Findings—2010 c 218: "The legislature finds that there have been
ongoing, egregious examples of certain residents of the special
commitment center having illegal child pornography, other prohibited
pornography, and other banned materials on their computers. The
legislature also finds that activities at the special commitment
center must be designed and implemented to meet the treatment goals of
the special commitment center, and proper and appropriate computer
usage is one such activity. The legislature also finds that by linking
computer usage to treatment plans, residents are less likely to have
prohibited materials on their computers and are more likely to
successfully complete their treatment plans. Therefore, the
legislature finds that residents' computer usage in compliance with
conditions placed on computer usage is essential to achieving their
therapeutic goals. If residents' usage of computers is not in
compliance or is not related to meeting their treatment goals,
computer usage will be limited in order to prevent or reduce
residents' access to prohibited materials." [2010 c 218 s 1.]
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
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,
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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 s 1; 2002 c 58 s 1.]
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 s 3.]
RCW 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 prosecuting agency responsible for the initial commitment. The
court, upon receipt of the petition for unconditional discharge, shall
within 45 days order a hearing.
(b) If the secretary determines that the person's condition has
so changed that conditional release to a less restrictive alternative
is in the best interest of the person and conditions can be imposed
that adequately protect the community, then the secretary shall
authorize the person to petition the court for conditional release to
a less restrictive alternative. Upon receipt of the petition, the
court shall order the department to identify a less restrictive
alternative placement that satisfies RCW 71.09.092 (1) through (4).
Once identified, notice of the placement shall be filed with the court
and served upon: The prosecuting agency responsible for the initial
commitment; any person or persons identified in RCW 71.09.140(2)(a)
who have opted to receive notifications under this chapter; and the
person and his or her counsel. If the department cannot identify a
placement available to the person that satisfies RCW 71.09.092 (1)
through (4) within 90 days, the department shall provide a written
certification to the court, the prosecuting agency responsible for the
initial commitment, and the person and his or her counsel, detailing
the efforts of the department to identify a qualifying placement. Upon
the department's certification, the person may propose a placement
that satisfies RCW 71.09.092 (1) through (3). After a less restrictive
placement has been proposed by either the department or the person,
the court shall within 45 days order a hearing.
(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
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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) He or she no longer meets the definition of a sexually
violent predator; or (ii) conditional release to a proposed less
restrictive alternative would be in the best interest of the person
and conditions can be imposed that would adequately protect the
community.
(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: (A) That the committed person continues to meet
the definition of a sexually violent predator; and (B) that a less
restrictive alternative is not in the best interest of the person and
conditions cannot be imposed that adequately protect the community.
(ii)(A) If the state produces prima facie evidence that the
committed person continues to be a sexually violent predator, then the
state's burden under (b)(i)(A) of this subsection is met and an
unconditional release trial may not be ordered unless the committed
person produces evidence satisfying: Subsection (4)(a) of this
section; and subsection (4)(b) (i) or (ii) of this section.
(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 this
section; and subsection (4)(b) (i) or (ii) of this section; and
(II) Presents the court with a specific placement satisfying the
requirements of RCW 71.09.092.
(iii) In making the showing required under (b)(i) of this
subsection, the state may rely exclusively upon the annual report
prepared pursuant to RCW 71.09.070. The committed person may present
responsive affidavits or declarations to which the state may reply.
(c)(i) If the court at the show cause hearing determines that
either: (A) The state has failed to present prima facie evidence that
the committed person continues to meet the definition of a sexually
violent predator; or (B) probable cause exists to believe that the
person's condition has so changed that the person no longer meets the
definition of a sexually violent predator, then the court shall set a
hearing on the issue of unconditional discharge.
(ii) If the court at the show cause hearing determines that the
state has failed to present prima facie evidence that no proposed less
restrictive alternative is in the best interest of the person and
conditions cannot be imposed that would adequately protect the
community, the court shall enter an order directing the department to
propose a less restrictive alternative that satisfies RCW 71.09.092
(1) through (4). If the department cannot identify a placement
available to the person that satisfies RCW 71.09.092 (1) through (4)
within 90 days, the department shall provide a written certification
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to the court, the prosecuting agency responsible for the initial
commitment, and the person and his or her counsel, detailing the
efforts of the department to identify a qualifying placement. Upon the
department's certification, the person may propose a placement that
satisfies RCW 71.09.092 (1) through (3). After a less restrictive
placement has been proposed by either the department or the person,
the court shall set a hearing on the issue of conditional release.
(iii) If the court at the show cause hearing determines, based on
the evidence submitted by the person, that probable cause exists to
believe that release to a less restrictive alternative would be in the
best interest of the person and conditions can be imposed that would
adequately protect the community, the court shall set a hearing on the
issue of conditional release if the person presents the court with a
specific placement that satisfies the requirements of RCW 71.09.092.
(d) If the court has not previously considered the issue of
release to a less restrictive alternative, either through a trial on
the merits or through the procedures set forth in RCW 71.09.094(1), or
if an immediately preceding less restrictive alternative was revoked
due to the loss of adequate housing or treatment for reasons other
than noncompliance with housing requirements, treatment, or other
conditions of the less restrictive alternative, the court shall
consider whether release to a less restrictive alternative would be in
the best interests of the person and conditions can be imposed that
would adequately protect the community, without considering whether
the person's condition has changed.
(3)(a) At the hearing resulting from subsection (1) or (2) of
this section, the committed person shall be entitled to be present and
to the benefit of all constitutional protections that were afforded to
the person at the initial commitment proceeding. The prosecuting
agency shall represent the state and shall have a right to a jury
trial and to have the committed person evaluated by experts chosen by
the state. 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: (i) A clinical interview; (ii)
psychological testing; (iii) plethysmograph testing; and (iv)
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. The committed person
shall also have the right to a jury trial and the right to have
experts evaluate him or her on his or her behalf and the court shall
appoint an expert if the person is indigent and requests an
appointment.
(b) Whenever any indigent person is subjected to an evaluation
under (a) of this subsection, the office of public defense is
responsible for the cost of one expert or professional person
conducting 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, such 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 hearing on the person's behalf. Nothing in this
chapter precludes the person from paying for additional expert
services at his or her own expense.
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(c) If the issue at the hearing is whether the person should be
unconditionally discharged, the burden of proof shall be upon the
state to prove beyond a reasonable doubt that the committed person's
condition remains such that the person continues to meet the
definition of a sexually violent predator. Evidence of the prior
commitment trial and disposition is admissible. The recommitment
proceeding shall otherwise proceed as set forth in RCW 71.09.050 and
71.09.060.
(d) If the issue at the hearing is whether the person should be
conditionally released to a less restrictive alternative, the burden
of proof at the hearing shall be upon the state to prove beyond a
reasonable doubt that conditional release to any proposed less
restrictive alternative either: (i) Is not in the best interest of the
committed person; or (ii) does not include conditions that would
adequately protect the community. Evidence of the prior commitment
trial and disposition is admissible.
(4)(a) Probable cause exists to believe that a person's condition
has "so changed," under subsection (2) of this section, only when
evidence exists, since the person's last commitment trial, or less
restrictive alternative revocation proceeding, of a substantial change
in the person's physical or mental condition such that the person
either no longer meets the definition of a sexually violent predator
or that a conditional release to a less restrictive alternative is in
the person's best interest and conditions can be imposed to adequately
protect the community.
(b) A new trial proceeding under subsection (3) of this section
may be ordered, or a trial proceeding may be held, only when there is
current evidence from a licensed professional of one of the following
and the evidence presents a change in condition since the person's
last commitment trial proceeding:
(i) An identified physiological change to the person, such as
paralysis, stroke, or dementia, that renders the committed person
unable to commit a sexually violent act and this change is permanent;
or
(ii) A change in the person's mental condition brought about
through positive response to continuing participation in treatment
which indicates that the person meets the standard for conditional
release to a less restrictive alternative or that the person would be
safe to be at large if unconditionally released from commitment.
(c) For purposes of this section, a change in a single
demographic factor, without more, does not establish probable cause
for a new trial proceeding under subsection (3) of this section. As
used in this section, a single demographic factor includes, but is not
limited to, a change in the chronological age, marital status, or
gender of the committed person.
(5) When the court enters an order for unconditional discharge of
a person from an immediately preceding less restrictive placement, the
court must direct the clerk to transmit a copy of the order to the
department of corrections for discharge process and termination of
cause.
(6) The jurisdiction of the court over a person civilly committed
pursuant to this chapter continues until such time as the person is
unconditionally discharged.
(7) During any period of confinement pursuant to a criminal
conviction, or for any period of detention awaiting trial on criminal
charges, this section is suspended. [2021 c 236 s 4; 2018 c 131 s 2;
2012 c 257 s 7; 2011 2nd sp.s. c 7 s 2; 2010 1st sp.s. c 28 s 2; 2009
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c 409 s 8; 2005 c 344 s 2; 2001 c 286 s 9; 1995 c 216 s 9; 1992 c 45 s
7; 1990 c 3 s 1009.]
Findings—2021 c 236: See note following RCW 71.09.020.
Findings—Intent—2018 c 131: "(1) The legislature finds that the
decision in In re Det. of Marcum, 189 Wn.2d 1 (2017) conflicts with
the legislature's intent in RCW 71.09.090. The legislature's intent
has always been that there are two independent issues at a
postcommitment show cause hearing: Whether the individual continues to
meet statutory criteria; and if so, whether conditional release to a
less restrictive alternative placement is appropriate. Lack of proof
of one issue should not affect the finding on the other issue. The
supreme court's holding is not only a mistaken interpretation, but it
will also lead to absurd results, where sexually violent predators
could petition and receive a trial for unconditional release when they
clearly do not qualify for it under chapter 71.09 RCW. The outcome
places an unnecessary burden on the courts and risks releasing persons
who are still sexually violent predators into the community.
(2) The legislature finds that the purpose of a show cause
hearing under RCW 71.09.090 is to provide the court with an
opportunity to determine whether probable cause exists to warrant a
hearing on whether the person's condition has so changed as it relates
either to the person's status as a sexually violent predator or to
whether conditional release to a less restrictive alternative would be
appropriate. If the court finds probable cause as to one or both of
the issues, the court should set a hearing. However, as the dissent in
Marcum correctly asserts, the statute also specifies that the court
should not find probable cause if the state presents prima facie
evidence to meet its burdens and the committed person does not meet
his or her respective burdens. The legislature further finds that this
safeguard was built into the statutory framework to prevent the
outcome in Marcum.
(3) The intent of the statute is evident when evaluated in its
entirety. The legislature intends that if the state produces prima
facie evidence proving that a committed person is still a sexually
violent predator, then the first prong of the state's burden is met,
and an unconditional release trial may not be ordered unless the
committed person produces evidence satisfying: RCW 71.09.090(4)(a);
and RCW 71.09.090(4)(b) (i) or (ii). Further, the legislature intends
that if the state produces prima facie evidence that a less
restrictive alternative is not appropriate for the committed person,
then the second prong of the state's burden is met, and a conditional
release trial may not be ordered unless the committed person:
(a) Produces evidence satisfying: RCW 71.09.090(4)(a); and RCW
71.09.090(4)(b) (i) or (ii); and
(b) Presents the court with a proposed less restrictive
alternative placement meeting the conditions under RCW 71.09.092.
(4) The legislature finds that the state's interest in avoiding
costly and unnecessary trials is substantial. Therefore, the
legislature intends to overturn the Marcum decision in favor of the
original intent of the statute. The purpose of this act is curative
and remedial, and it applies retroactively and prospectively to all
petitions filed under chapter 71.09 RCW, regardless of when they were
filed." [2018 c 131 s 1.]
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Retroactive application—2018 c 131: "This act is curative and
remedial, and it applies retroactively and prospectively to all
petitions filed under this chapter." [2018 c 131 s 3.]
Effective date—2018 c 131: "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, 2018]." [2018 c 131 s 5.]
Effective date—2012 c 257: See note following RCW 2.70.020.
Effective date—2011 2nd sp.s. c 7: See note following RCW
71.09.070.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Findings—Intent—2005 c 344: "The legislature finds that the
decisions in In re Young, 120 Wn. App. 753, review denied, 152 Wn.2d
1007 (2004) and In re Ward, 125 Wn. App. 381 (2005) illustrate an
unintended consequence of language in chapter 71.09 RCW.
The Young and Ward decisions are contrary to the legislature's
intent set forth in RCW 71.09.010 that civil commitment pursuant to
chapter 71.09 RCW address the "very long-term" needs of the sexually
violent predator population for treatment and the equally long-term
needs of the community for protection from these offenders. The
legislature finds that the mental abnormalities and personality
disorders that make a person subject to commitment under chapter 71.09
RCW are severe and chronic and do not remit due solely to advancing
age or changes in other demographic factors.
The legislature finds, although severe medical conditions like
stroke, paralysis, and some types of dementia can leave a person
unable to commit further sexually violent acts, that a mere advance in
age or a change in gender or some other demographic factor after the
time of commitment does not merit a new trial proceeding under RCW
71.09.090. To the contrary, the legislature finds that a new trial
ordered under the circumstances set forth in Young and Ward subverts
the statutory focus on treatment and reduces community safety by
removing all incentive for successful treatment participation in favor
of passive aging and distracting committed persons from fully engaging
in sex offender treatment.
The Young and Ward decisions are contrary to the legislature's
intent that the risk posed by persons committed under chapter 71.09
RCW will generally require prolonged treatment in a secure facility
followed by intensive community supervision in the cases where
positive treatment gains are sufficient for community safety. The
legislature has, under the guidance of the federal court, provided
avenues through which committed persons who successfully progress in
treatment will be supported by the state in a conditional release to a
less restrictive alternative that is in the best interest of the
committed person and provides adequate safeguards to the community and
is the appropriate next step in the person's treatment.
The legislature also finds that, in some cases, a committed
person may appropriately challenge whether he or she continues to meet
the criteria for commitment. Because of this, the legislature enacted
RCW 71.09.070 and 71.09.090, requiring a regular review of a committed
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person's status and permitting the person the opportunity to present
evidence of a relevant change in condition from the time of the last
commitment trial proceeding. These provisions are intended only to
provide a method of revisiting the indefinite commitment due to a
relevant change in the person's condition, not an alternate method of
collaterally attacking a person's indefinite commitment for reasons
unrelated to a change in condition. Where necessary, other existing
statutes and court rules provide ample opportunity to resolve any
concerns about prior commitment trials. Therefore, the legislature
intends to clarify the "so changed" standard." [2005 c 344 s 1.]
Severability—2005 c 344: "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." [2005 c 344 s 3.]
Effective date—2005 c 344: "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 [May 9, 2005]." [2005 c 344 s 4.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
Severability—Application—1992 c 45: See notes following RCW
9.94A.840.
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 s 5; 2009 c 409
s 9; 1995 c 216 s 10.]
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Findings—2021 c 236: See note following RCW 71.09.020.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
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 s
11; 1995 c 216 s 11.]
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
RCW 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 shall enter judgment and direct a
conditional release.
(2) The court shall impose any additional conditions necessary to
ensure compliance with treatment and to protect the community. If the
court finds that conditions do not exist that will both ensure the
person's compliance with treatment and protect the community, then the
person shall be remanded to the custody of the department of social
and health services for control, care, and treatment in a secure
facility as designated in RCW 71.09.060(1).
(3) If the service provider designated by the court to provide
inpatient or outpatient treatment or to monitor or supervise any other
terms and conditions of a person's placement in a less restrictive
alternative is other than the department of social and health services
or the department of corrections, then the service provider so
designated must agree in writing to provide such treatment,
monitoring, or supervision in accord with this section. Any person
providing or agreeing to provide treatment, monitoring, or supervision
services pursuant to this chapter may be compelled to testify and any
privilege with regard to such person's testimony is deemed waived.
(4)(a) Prior to authorizing any release to a less restrictive
alternative, the court shall impose such conditions upon the person as
are necessary to ensure the safety of the community, which must
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include, at minimum, the condition that the person will be subject to
electronic monitoring that, to the extent feasible, provides real-time
tracking, programmable inclusion and exclusion zones, and the ability
to provide notifications if the person tampers with the monitoring
device or enters an exclusion zone. In imposing conditions, the court
must impose a restriction on the proximity of the person's residence
to public or private schools providing instruction to kindergarten or
any grades one through 12 in accordance with RCW 72.09.340. Courts
shall require a minimum distance restriction of 500 feet on the
proximity of the person's residence to child care facilities and
public or private schools providing instruction to kindergarten or any
grades one through 12. The court shall order the department of
corrections to investigate the less restrictive alternative and,
within 60 days of the order to investigate, recommend any additional
conditions to the court. These conditions shall be individualized to
address the person's specific risk factors and criminogenic needs and
may include, but are not limited to, the following: Specification of
residence or restrictions on residence including distance
restrictions, specification of contact with a reasonable number of
individuals upon the person's request who are verified by the
department of corrections to be appropriate social contacts,
prohibition of contact with potential or 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 unless the person receives prior
authorization by the court, and any other conditions that the court
determines are in the best interest of the person or others. A copy of
the conditions of release shall be given to the person and to any
designated service providers.
(b) To the greatest extent possible, the person, person's
counsel, prosecuting agency responsible for the initial commitment,
treatment provider, supervising community corrections officer, and
appropriate clinical staff of the special commitment center shall meet
and collaborate to craft individualized, narrowly tailored, and
empirically based conditions to present to the court to help
facilitate the person's successful transition to the community.
(5)(a) Prior to authorizing release to a less restrictive
alternative proposed by the department, the court shall consider
whether the person's less restrictive alternative placement is in
accordance with fair share principles. To ensure equitable
distribution of releases, and prevent the disproportionate grouping of
persons subject to less restrictive orders in any one county, or in
any one jurisdiction or community within a county, the legislature
finds it is appropriate for releases to a less restrictive alternative
to occur in a manner that adheres to fair share principles. The
legislature recognizes that there may be reasons why the department
may not recommend that a person be released to his or her county of
commitment, including availability of individualized resources, the
person's support needs, or when the court determines that the person's
return to his or her county of commitment would be inappropriate
considering any court-issued protection orders, victim safety concerns
that cannot be addressed through use of global positioning system
technology, the unavailability of appropriate treatment or facilities
that would adequately protect the community, negative influences on
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the person, and the location of family or other persons or
organizations offering support to the person. If the court authorizes
conditional release based on the department's 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. 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) If the committed person is not conditionally released to his
or her county of commitment, the department shall provide the law and
justice 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.
(d) For purposes of this section, the person's county of
commitment means the county of the court which ordered the person's
commitment.
(e) This subsection (5) does not apply to releases to a secure
community transition facility under RCW 71.09.250.
(6)(a) When ordered by the court, the department must provide
less restrictive alternative treatment that includes, at a minimum:
(i) The services identified in the person's discharge plan as
outlined in RCW 71.09.080(4);
(ii) The assignment of a community care coordinator;
(iii) Regular contacts with providers of court-ordered treatment
services;
(iv) Community escorts, if needed;
(v) A transition plan that addresses the person's access to
continued services upon unconditional discharge;
(vi) Financial support for necessary housing;
(vii) Life skills training and disability accommodations, if
needed; and
(viii) Assistance in pursuing benefits, education, and
employment.
(b) At the time the department of corrections is ordered to
investigate a proposed less restrictive alternative placement, subject
to the availability of amounts appropriated for this specific purpose,
the department shall assign a social worker to assist the person with
discharge planning, pursuing benefits, and coordination of care prior
to release.
(i) The social worker shall assist the person with completing
applications for benefits prior to the person's release from total
confinement.
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(ii) To promote continuity of care and the individual's success
in the community, the department social worker shall be responsible
for initiating a clinical transition of care between the last treating
clinician at the special commitment center and the person's designated
community treatment provider. This transition between one clinical
setting to another shall occur no later than 15 days before an
individual's release from the special commitment center.
(iii) If applicable, the social worker shall assist the person
with locating any needed disability accommodations in the community
and with obtaining resources to help address the person's identified
life skills needs prior to release from total confinement.
(7) Any service provider designated to provide inpatient or
outpatient treatment shall monthly, or as otherwise directed by the
court, submit to the court, to the department of social and health
services facility from which the person was released, to the
prosecuting agency, and to the supervising community corrections
officer, a report stating whether the person is complying with the
terms and conditions of the conditional release to a less restrictive
alternative.
(8) Each person released to a less restrictive alternative shall
have his or her case reviewed by the court that released him or her no
later than one year after such release and annually thereafter until
the person is unconditionally discharged. Review may occur in a
shorter time or more frequently, if the court, in its discretion on
its own motion, or on motion of the person, the secretary, or the
prosecuting agency so determines. The questions to be determined by
the court are whether the person shall continue to be conditionally
released to a less restrictive alternative, and if so, whether a
modification to the person's less restrictive alternative order is
appropriate to ensure the conditional release remains in the best
interest of the person and adequate to protect the victim and the
community. The court in making its determination shall be aided by the
periodic reports filed pursuant to subsection (7) of this section and
the opinions of the secretary and other experts or professional
persons. [2025 c 33 s 1; 2021 c 236 s 6; 2015 c 278 s 3; 2009 c 409 s
10; 2001 c 286 s 12; 1995 c 216 s 12.]
Findings—2021 c 236: See note following RCW 71.09.020.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
RCW 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 the availability of amounts
appropriated for this specific purpose, the department shall use a
request for proposal process to solicit and contract with housing and
treatment providers from across the state and facilitate fair share
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principles among the counties. In order to increase the number of
housing options for individuals qualifying for a less restrictive
alternative, the department shall have oversight of the vendors and
providers who contract with the state, including the authority to
inspect and ensure compliance, negotiate the rates charged for
services, ensure adequate living conditions of housing locations, and
terminate contracts. The department shall maintain a statewide
accounting of the contracted community housing and treatment providers
in each county and provide a biannual report to the legislature and
governor by December 1st on the availability and adequacy of less
restrictive alternative placements and the department's compliance
with fair share principles.
(2) To facilitate its duties required under this section, the
department shall use the following housing matrix and considerations
as a guide to planning and developing less restrictive alternative
placements. The following considerations may not be used as a reason
to deny a less restrictive alternative placement.
(a) Considerations for evaluating a proposed vendor's application
for less restrictive alternative housing services shall include
applicable state and local zoning and building codes, general housing
requirements, availability of public services, and other
considerations identified in accordance with RCW 71.09.315. The
department shall require the housing provider to provide proof that
the facility is in compliance with all local zoning and building
codes.
(i) General housing requirements include running water,
electricity, bedroom and living space of adequate size, and no mold or
infestations.
(ii) Availability of public services include availability of
chaperones and whether the placement is within a reasonable distance
to a grocery store, bank, public transportation options, and offices
for public services and benefits.
(iii) Other considerations include whether the placement is
consistent with fair share principles across the counties, whether the
placement is within reasonable distance to other current or planned
components of the less restrictive alternative, whether the placement
is within reasonable distance to employment opportunities, and the
reliability of global positioning system technology.
(b) Factors for evaluating less restrictive alternative options
for a specific individual include sex offender treatment
considerations, criminogenic needs and risk factors, protective
factors, and the specific needs of the client.
(i) Sex offender treatment considerations include whether the
housing is within a reasonable distance from the treatment provider,
whether the treatment provider is a good therapeutic match with the
client, and whether the treatment provider has relevant experience and
background to treat the client if the client has special needs.
(ii) Criminogenic needs and risk factors include consideration of
the person's specific needs and risk factors in evaluating less
restrictive alternative options.
(iii) Protective factors include whether housing is within a
reasonable distance of family, friends, potential hobbies, potential
employment, and educational opportunities.
(iv) Consideration of the client's specific needs includes
assessing the availability of personal care assistance and in-home
care assistance, and whether housing is within a reasonable distance
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of mental health, medical treatment options, and substance use
disorder treatment options. [2021 c 236 s 11.]
Findings—2021 c 236: See note following RCW 71.09.020.
RCW 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 restrictive alternative if the petitioner believes
the released person: (a) Violated or is in violation of the terms and
conditions of the court's conditional release order; or (b) is in need
of additional care, monitoring, supervision, or treatment.
(2) The community corrections officer or the secretary's designee
may restrict the person's movement in the community until the petition
is determined by the court. The person may be taken into custody if:
(a) The supervising community corrections officer, the
secretary's designee, or a law enforcement officer reasonably believes
the person has violated or is in violation of the court's conditional
release order; or
(b) The supervising community corrections officer or the
secretary's designee reasonably believes that the person is in need of
additional care, monitoring, supervision, or treatment because the
person presents a danger to himself or herself or others if his or her
conditional release under the conditions imposed by the court's
release order continues.
(3)(a) Persons taken into custody pursuant to subsection (2) of
this section shall:
(i) Not be released until such time as a hearing is held to
determine whether to revoke or modify the person's conditional release
order and the court has issued its decision; and
(ii) Be held in the county jail, at a secure community transition
facility, or at the total confinement facility, at the discretion of
the secretary's designee.
(b) The court shall be notified before the close of the next
judicial day that the person has been taken into custody and shall
promptly schedule a hearing.
(4) Before any hearing to revoke or modify the person's
conditional release order, both the prosecuting agency and the
released person shall have the right to request an immediate mental
examination of the released person. If the conditionally released
person is indigent, the court shall, upon request, assist him or her
in obtaining a qualified expert or professional person to conduct the
examination.
(5) At any hearing to revoke or modify the conditional release
order:
(a) The prosecuting agency shall represent the state, including
determining whether to proceed with revocation or modification of the
conditional release order;
(b) Hearsay evidence is admissible if the court finds that it is
otherwise reliable; and
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(c) The state shall bear the burden of proving by a preponderance
of the evidence that the person has violated or is in violation of the
court's conditional release order or that the person is in need of
additional care, monitoring, supervision, or treatment.
(6)(a) If the court determines that the state has met its burden
referenced in subsection (5)(c) of this section, and the issue before
the court is revocation of the court's conditional release order, the
court shall consider the evidence presented by the parties and the
following factors relevant to whether continuing the person's
conditional release is in the person's best interests or adequate to
protect the community:
(i) The nature of the condition that was violated by the person
or that the person was in violation of in the context of the person's
criminal history and underlying mental conditions;
(ii) The degree to which the violation was intentional or grossly
negligent;
(iii) The ability and willingness of the released person to
strictly comply with the conditional release order;
(iv) The degree of progress made by the person in community-based
treatment; and
(v) The risk to the public or particular persons if the
conditional release continues under the conditional release order that
was violated.
(b) Any factor alone, or in combination, shall support the
court's determination to revoke the conditional release order.
(7) If the court determines the state has met its burden
referenced in subsection (5)(c) of this section, and the issue before
the court is modification of the court's conditional release order,
the court shall modify the conditional release order by adding
conditions if the court determines that the person is in need of
additional care, monitoring, supervision, or treatment. The court has
authority to modify its conditional release order by substituting a
new treatment provider, requiring new housing for the person, or
imposing such additional supervision conditions as the court deems
appropriate.
(8) A person whose conditional release has been revoked shall be
remanded to the custody of the secretary for control, care, and
treatment in a total confinement facility as designated in RCW
71.09.060(1). The person is thereafter eligible for conditional
release only in accord with the provisions of RCW 71.09.090 and
related statutes. [2025 c 58 s 2041; 2009 c 409 s 11; 2006 c 282 s 1;
2001 c 286 s 13; 1995 c 216 s 13.]
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Recommendations—Application—Effective date—2001 c 286: See
notes following RCW 71.09.015.
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
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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 s 10.]
Findings—2021 c 236: See note following RCW 71.09.020.
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 s 10; 2010 1st sp.s. c 28
s 3; 1995 c 216 s 14; 1990 c 3 s 1011.]
Effective date—2012 c 257: See note following RCW 2.70.020.
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 s 12.]
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
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 s 13; 2002 c 19
s 1.]
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Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
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 s
1.]
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 s 11; 1990 c 3 s 1012.]
Effective date—2012 c 257: See note following RCW 2.70.020.
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
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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 s 7; 1995 c 216 s 16.]
Findings—2021 c 236: See note following RCW 71.09.020.
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 s 6.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
RCW 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, unconditional discharge, or escape, to the following:
(i) The chief of police of the city, if any, in which the person
will reside or in which placement will be made under a less
restrictive alternative;
(ii) The sheriff of the county in which the person will reside or
in which placement will be made under a less restrictive alternative;
and
(iii) The sheriff of the county where the person was last
convicted of a sexually violent offense, if the department does not
know where the person will reside.
The department shall notify the state patrol of the release of
all sexually violent predators and that information shall be placed in
the Washington crime information center for dissemination to all law
enforcement.
(b) A return to total confinement or to a secure community
transition facility pending revocation or modification proceedings is
not considered a change of address for purposes of (a) of this
subsection, and an additional community notification process is not
required, unless conditional release is revoked under RCW 71.09.098 or
the return lasts longer than 90 days.
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(2) The same notice as required by subsection (1) of this section
shall be sent to the following if such notice has been requested in
writing about a specific person found to be a sexually violent
predator under this chapter:
(a) The victim or victims of any sexually violent offenses for
which the person was convicted in the past or the victim's next of kin
if the crime was a homicide. "Next of kin" as used in this section
means a person's spouse, parents, siblings, and children;
(b) Any witnesses who testified against the person in his or her
commitment trial under RCW 71.09.060; and
(c) Any person specified in writing by the prosecuting agency.
Information regarding victims, next of kin, or witnesses
requesting the notice, information regarding any other person
specified in writing by the prosecuting agency to receive the notice,
and the notice are confidential and shall not be available to the
committed person.
(3) If a person committed as a sexually violent predator under
this chapter escapes from a department of social and health services
facility, the department shall immediately notify, by the most
reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the committed person
resided immediately before his or her commitment as a sexually violent
predator, or immediately before his or her incarceration for his or
her most recent offense. If previously requested, the department shall
also notify the witnesses and the victims of the sexually violent
offenses for which the person was convicted in the past or the
victim's next of kin if the crime was a homicide. If the person is
recaptured, the department shall send notice to the persons designated
in this subsection as soon as possible but in no event later than two
working days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent offenses for
which the person was convicted in the past or the victim's next of
kin, or any witness is under the age of 16, the notice required by
this section shall be sent to the parents or legal guardian of the
child.
(5) The department of social and health services shall send the
notices required by this chapter to the last address provided to the
department by the requesting party. The requesting party shall furnish
the department with a current address.
(6) Nothing in this section shall impose any liability upon a
chief of police of a city or sheriff of a county for failing to
request in writing a notice as provided in subsection (1) of this
section. [2021 c 236 s 8; 2012 c 257 s 12; 1995 c 216 s 17.]
Findings—2021 c 236: See note following RCW 71.09.020.
Effective date—2012 c 257: See note following RCW 2.70.020.
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
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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 s 18.]
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 s 19.]
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 s 20.]
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 s 21.]
RCW 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 with up to four hundred four beds as a total
confinement facility under this chapter, subject to appropriated
funding for those purposes. The secure community transition facility
shall be authorized for the number of beds needed to ensure compliance
with the orders of the superior courts under this chapter and the
federal district court for the western district of Washington. The
total number of beds in the secure community transition facility shall
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be limited to 24, consisting of up to 15 transitional beds and up to
nine pretransitional beds. The residents occupying the transitional
beds shall be the only residents eligible for transitional services
occurring in Pierce county. In no event shall more than 15 residents
of the secure community transition facility be participating in off-
island transitional, educational, or employment activity at the same
time in Pierce county. The department shall provide the Pierce county
sheriff, or his or her designee, with a list of the 15 residents so
designated, along with their photographs and physical descriptions,
and the list shall be immediately updated whenever a residential
change occurs. The Pierce county sheriff, or his or her designee,
shall be provided an opportunity to confirm the residential status of
each resident leaving McNeil Island.
(b) For purposes of this subsection, "transitional beds" means
beds only for residents who are judged by a qualified expert to be
suitable to leave the island for treatment, education, and employment.
(2)(a) The secretary is authorized to site, either within the
secure community transition facility established pursuant to
subsection (1)(a)(i) of this section, or within the special commitment
center, up to nine pretransitional beds.
(b) Residents assigned to pretransitional beds shall not be
permitted to leave McNeil Island for education, employment, treatment,
or community activities in Pierce county.
(c) For purposes of this subsection, "pretransitional beds" means
beds for residents whose progress toward a less secure residential
environment and transition into more complete community involvement is
projected to take substantially longer than a typical resident of the
special commitment center.
(3) Notwithstanding RCW 36.70A.103 or any other law, this statute
preempts and supersedes local plans, development regulations,
permitting requirements, inspection requirements, and all other laws
as necessary to enable the secretary to site, construct, occupy, and
operate a secure community transition facility on McNeil Island and a
total confinement facility on McNeil Island.
(4) To the greatest extent possible, until June 30, 2003, persons
who were not civilly committed from the county in which the secure
community transition facility established pursuant to subsection (1)
of this section is located may not be conditionally released to a
setting in that same county less restrictive than that facility.
(5) As of June 26, 2001, the state shall immediately cease any
efforts in effect on such date to site secure community transition
facilities, other than the facility authorized by subsection (1) of
this section, and shall instead site such facilities in accordance
with the provisions of this section.
(6) The department must:
(a) Identify the minimum and maximum number of secure community
transition facility beds in addition to the facility established under
subsection (1) of this section that may be necessary for the period of
May 2004 through May 2007 and provide notice of these numbers to all
counties by August 31, 2001; and
(b) Develop and publish policy guidelines for the siting and
operation of secure community transition facilities.
(7)(a) The total number of secure community transition facility
beds that may be required to be sited in a county between June 26,
2001, and June 30, 2008, may be no greater than the total number of
persons civilly committed from that county, or detained at the special
commitment center under a pending civil commitment petition from that
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county where a finding of probable cause had been made on April 1,
2001. The total number of secure community transition facility beds
required to be sited in each county between July 1, 2008, and June 30,
2015, may be no greater than the total number of persons civilly
committed from that county or detained at the special commitment
center under a pending civil commitment petition from that county
where a finding of probable cause had been made as of July 1, 2008.
(b) Counties and cities that provide secure community transition
facility beds above the maximum number that they could be required to
site under this subsection are eligible for a bonus grant under the
incentive provisions in RCW 71.09.255. The county where the special
commitment center is located shall receive this bonus grant for the
number of beds in the facility established in subsection (1) of this
section in excess of the maximum number established by this
subsection.
(c) No secure community transition facilities in addition to the
one established in subsection (1) of this section may be required to
be sited in the county where the special commitment center is located
until after June 30, 2008, provided however, that the county and its
cities may elect to site additional secure community transition
facilities and shall be eligible under the incentive provisions of RCW
71.09.255 for any additional facilities meeting the requirements of
that section.
(8) After the department demonstrates the need for additional bed
capacity to the appropriate committees of the legislature, and
receives approval and funding from the appropriate committees of the
legislature to build additional bed capacity, the state is authorized
to site and operate secure community transition facilities and other
conditional release and transitional facilities in any county in the
state in accordance with RCW 71.09.315. In identifying potential
counties and sites within a county for the location of a secure
community transition facility or other conditional release and
transitional facilities, the department shall work with and assist
local governments to provide for the equitable distribution of such
facilities. In coordinating and deciding upon the siting of secure
community transition facilities or other conditional release and
transitional facilities within a county, great weight shall be given
by the county and cities within the county to:
(a) The number and location of existing residential facility beds
operated by the department of corrections or the mental health
division of the department of social and health services in each
jurisdiction in the county; and
(b) The number of registered sex offenders classified as level II
or level III and the number of sex offenders registered as homeless
residing in each jurisdiction in the county.
(9)(a) "Equitable distribution" means siting or locating secure
community transition facilities and other conditional release and
transitional facilities in a manner that will not cause a
disproportionate grouping of similar facilities either in any one
county, or in any one jurisdiction or community within a county, as
relevant; and
(b) "Jurisdiction" means a city, town, or geographic area of a
county in which distinct political or judicial authority may be
exercised. [2021 c 236 s 9; 2003 c 216 s 3; 2001 2nd sp.s. c 12 s
201.]
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Findings—2021 c 236: See note following RCW 71.09.020.
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
Intent—2001 2nd sp.s. c 12: "The legislature intends the
following omnibus bill to address the management of sex offenders in
the civil commitment and criminal justice systems for purposes of
public health, safety, and welfare. Provisions address siting of and
continued operation of facilities for persons civilly committed under
chapter 71.09 RCW and sentencing of persons who have committed sex
offenses. Other provisions address the need for sex offender treatment
providers with specific credentials. Additional provisions address the
continued operation or authorized expansion of criminal justice
facilities at McNeil Island, because these facilities are impacted by
the civil facilities on McNeil Island for persons committed under
chapter 71.09 RCW." [2001 2nd sp.s. c 12 s 101.]
Severability—2001 2nd sp.s. c 12: "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." [2001 2nd sp.s. c 12 s
504.]
Effective dates—2001 2nd sp.s. c 12: "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 [June 26, 2001], except for sections 301
through 363, 501, and 503 of this act which take effect September 1,
2001." [2001 2nd sp.s. c 12 s 505.]
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
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incentive grants under RCW 71.09.255 for the county containing the
regional facility. [2002 c 68 s 18.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
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 s 2119; 2002 c 68 s 8; 2001 2nd sp.s. c 12 s 204.]
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.
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Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 206.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 208.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 4; 2001 2nd sp.s. c 12 s 211.]
Severability—Effective date—2003 c 216: See notes following RCW
71.09.300.
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Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 212.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 5; 2001 2nd sp.s. c 12 s 213.]
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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.
RCW 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 prior to any real
property being listed for consideration for the location of or use as
a secure community transition facility:
(a) The proximity and response time criteria established under
RCW 71.09.285;
(b) The site or building is available for lease for the
anticipated use period or for purchase;
(c) Security monitoring services and appropriate backup systems
are available and reliable;
(d) Appropriate mental health and sex offender treatment
providers must be available within a reasonable commute; and
(e) Appropriate permitting for a secure community transition
facility must be possible under the zoning code of the local
jurisdiction.
(2) For sites which meet the criteria of subsection (1) of this
section, the department shall analyze and compare the criteria in
subsections (3) through (5) of this section using the method
established in RCW 71.09.285.
(3) Public safety and security criteria shall include at least
the following:
(a) Whether limited visibility between the facility and adjacent
properties can be achieved prior to placement of any person;
(b) The distance from, and number of, risk potential activities
and facilities, as measured using the policies adopted under RCW
71.09.285;
(c) The existence of or ability to establish barriers between the
site and the risk potential facilities and activities;
(d) Suitability of the buildings to be used for the secure
community transition facility with regard to existing or feasibly
modified features; and
(e) The availability of electronic monitoring that allows a
resident's location to be determined with specificity.
(4) Site characteristics criteria shall include at least the
following:
(a) Reasonableness of rental, lease, or sale terms including
length and renewability of a lease or rental agreement;
(b) Traffic and access patterns associated with the real
property;
(c) Feasibility of complying with zoning requirements within the
necessary time frame; and
(d) A contractor or contractors are available to install,
monitor, and repair the necessary security and alarm systems.
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(5) Program characteristics criteria shall include at least the
following:
(a) Reasonable proximity to available medical, mental health, sex
offender, and chemical dependency treatment providers and facilities;
(b) Suitability of the location for programming, staffing, and
support considerations;
(c) Proximity to employment, educational, vocational, and other
treatment plan components.
(6) For purposes of this section "available" or "availability" of
qualified treatment providers includes provider qualifications and
willingness to provide services, average commute time, and cost of
services. [2003 c 216 s 5; 2001 2nd sp.s. c 12 s 214.]
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.
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 s 215.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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.
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(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 s 1; 2003 c 216
s 1; 2001 2nd sp.s. c 12 s 216.]
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 s 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 s 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 s 9.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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
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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 s 156; 2002 c 68 s 6; 2001 2nd sp.s. c 12 s
217.]
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.
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 s 218.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
RCW 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 opportunities
for review and comment as required by this section.
(2) The secretary shall establish a process for early and
continuous public participation in establishing or relocating secure
community transition facilities. The process shall include, at a
minimum, public meetings in the local communities affected, as well as
opportunities for written and oral comments, in the following manner:
(a) If there are more than three sites initially selected as
potential locations and the selection process by the secretary or a
service provider reduces the number of possible sites for a secure
community transition facility to no fewer than three, the secretary or
the chief operating officer of the service provider shall notify the
public of the possible siting and hold at least two public hearings in
each community where a secure community transition facility may be
sited.
(b) When the secretary or service provider has determined the
secure community transition facility's location, the secretary or the
chief operating officer of the service provider shall hold at least
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one additional public hearing in the community where the secure
community transition facility will be sited.
(c) When the secretary has entered negotiations with a service
provider and only one site is under consideration, then at least two
public hearings shall be held.
(d) To provide adequate notice of, and opportunity for interested
persons to comment on, a proposed location, the secretary or the chief
operating officer of the service provider shall provide at least
fourteen days' advance notice of the meeting to all newspapers of
general circulation in the community, all radio and television
stations generally available to persons in the community, any school
district in which the secure community transition facility would be
sited or whose boundary is within two miles of a proposed secure
community transition facility, any library district in which the
secure community transition facility would be sited, local business or
fraternal organizations that request notification from the secretary
or agency, and any person or property owner within a one-half mile
radius of the proposed secure community transition facility. Before
initiating this process, the department of social and health services
shall contact local government planning agencies in the communities
containing the proposed secure community transition facility. The
department of social and health services shall coordinate with local
government agencies to ensure that opportunities are provided for
effective citizen input and to reduce the duplication of notice and
meetings.
(3) If local government land use regulations require that a
special use or conditional use permit be submitted and approved before
a secure community transition facility can be sited, and the process
for obtaining such a permit includes public notice and hearing
requirements similar to those required under this section, the
requirements of this section shall not apply to the extent they would
duplicate requirements under the local land use regulations.
(4) This section applies only to secure community transition
facilities sited after June 26, 2001. [2001 2nd sp.s. c 12 s 219.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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
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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 s 220.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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
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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
s 221.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s
222.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 223.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
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 s 224.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
RCW 71.09.341 Transition facilities—Authority of department—
Effect of local regulations. The minimum requirements set out in RCW
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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
restrictive than those specifically addressed in RCW 71.09.285 through
71.09.340. Regulations that impose requirements more restrictive than
those specifically addressed in these sections are void. Nothing in
these sections prevents the department from adding requirements to
enhance public safety. [2002 c 68 s 7.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
RCW 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 community transition facilities within the
borders of the following:
(a) Any county that had five or more persons civilly committed
from that county, or detained at the special commitment center under a
pending civil commitment petition from that county where a finding of
probable cause has been made, on April 1, 2001, if the department
determines that the county has not met the requirements of RCW
36.70A.200 with respect to secure community transition facilities.
This subsection does not apply to the county in which the secure
community transition facility authorized under RCW 71.09.250(1) is
located; and
(b) Any city located within a county listed in (a) of this
subsection that the department determines has not met the requirements
of RCW 36.70A.200 with respect to secure community transition
facilities.
(2) The department's determination under subsection (1)(a) or (b)
of this section is final and is not subject to appeal under chapter
34.05 or 36.70A RCW.
(3) When siting a facility in a county or city that has been
preempted under this section, the department shall consider the policy
guidelines established under RCW 71.09.285 and 71.09.290 and shall
hold the hearings required in RCW 71.09.315.
(4) Nothing in this section prohibits the department from:
(a) Siting a secure community transition facility in a city or
county that has complied with the requirements of RCW 36.70A.200 with
respect to secure community transition facilities, including a city
that is located within a county that has been preempted. If the
department sites a secure community transition facility in such a city
or county, the department shall use the process established by the
city or county for siting such facilities; or
(b) Consulting with a city or county that has been preempted
under this section regarding the siting of a secure community
transition facility.
(5)(a) A preempted city or county may propose public safety
measures specific to any finalist site to the department. The measures
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must be consistent with the location of the facility at that finalist
site. The proposal must be made in writing by the date of:
(i) The second hearing under RCW 71.09.315(2)(a) when there are
three finalist sites; or
(ii) The first hearing under RCW 71.09.315(2)(b) when there is
only one site under consideration.
(b) The department shall respond to the city or county in writing
within fifteen business days of receiving the proposed measures. The
response shall address all proposed measures.
(c) If the city or county finds that the department's response is
inadequate, the city or county may notify the department in writing
within fifteen business days of the specific items which it finds
inadequate. If the city or county does not notify the department of a
finding that the response is inadequate within fifteen business days,
the department's response shall be final.
(d) If the city or county notifies the department that it finds
the response inadequate and the department does not revise its
response to the satisfaction of the city or county within seven
business days, the city or county may petition the governor to
designate a person with law enforcement expertise to review the
response under RCW 34.05.479.
(e) The governor's designee shall hear a petition filed under
this subsection and shall make a determination within thirty days of
hearing the petition. The governor's designee shall consider the
department's response, and the effectiveness and cost of the proposed
measures, in relation to the purposes of this chapter. The
determination by the governor's designee shall be final and may not be
the basis for any cause of action in civil court.
(f) The city or county shall bear the cost of the petition to the
governor's designee. If the city or county prevails on all issues, the
department shall reimburse the city or county costs incurred, as
provided under chapter 34.05 RCW.
(g) Neither the department's consideration and response to public
safety conditions proposed by a city or county nor the decision of the
governor's designee shall affect the preemption under this section or
the department's authority to site, construct, renovate, occupy, and
operate the secure community transition facility at that finalist site
or at any finalist site.
(6) Until June 30, 2009, the secretary shall site, construct,
occupy, and operate a secure community transition facility sited under
this section in an environmentally responsible manner that is
consistent with the substantive objectives of chapter 43.21C RCW, and
shall consult with the department of ecology as appropriate in
carrying out the planning, construction, and operations of the
facility. The secretary shall make a threshold determination of
whether a secure community transition facility sited under this
section would have a probable significant, adverse environmental
impact. If the secretary determines that the secure community
transition facility has such an impact, the secretary shall prepare an
environmental impact statement that meets the requirements of RCW
43.21C.030 and 43.21C.031 and the rules promulgated by the department
of ecology relating to such statements. Nothing in this subsection
shall be the basis for any civil cause of action or administrative
appeal.
(7) In no case may a secure community transition facility be
sited adjacent to, immediately across a street or parking lot from, or
within the line of sight of a risk potential activity or facility in
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existence at the time a site is listed for consideration unless the
site that the department has chosen in a particular county or city was
identified pursuant to a process for siting secure community
transition facilities adopted by that county or city in compliance
with RCW 36.70A.200. "Within the line of sight" means that it is
possible to reasonably visually distinguish and recognize individuals.
(8) This section does not apply to the secure community
transition facility established pursuant to RCW 71.09.250(1). [2003 c
50 s 2; 2002 c 68 s 9.]
Application—Effective date—2003 c 50: See notes following RCW
71.09.020.
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
RCW 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 1, 2002, the department shall enter into
a long-term contract memorializing the agreements between the state
and the city or county for the operation of the facility. This
contract shall be separate from any contract regarding mitigation due
to the facility. The contract shall include a clause that states:
(a) The contract does not obligate the state to continue
operating any aspect of the civil commitment program under this
chapter;
(b) The operation of any secure community transition facility is
contingent upon sufficient appropriation by the legislature. If
sufficient funds are not appropriated, the department is not obligated
to operate the secure community transition facility and may close it;
and
(c) This contract does not obligate the city or county to operate
a secure community transition facility.
(2) Any city or county may, at their option, contract with the
department to operate a secure community transition facility. [2002 c
68 s 16.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
RCW 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 which a secure community transition
facility sited after January 1, 2002, is located;
(b) Each community in which the persons from those facilities
will reside or regularly spend time, pursuant to court orders, for
regular work or education, or to receive social services, or through
which the person or persons will regularly be transported to reach
other communities; and
(c) Educational institutions in the communities identified in (a)
and (b) of this subsection.
(2) Mitigation agreements are limited to the following:
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(a) One-time training for local law enforcement and
administrative staff, upon the establishment of a secure community
transition facility.
(i) Training between local government staff and the department
includes training in coordination, emergency procedures, program and
facility information, legal requirements, and resident profiles.
(ii) Reimbursement for training under this subsection is limited
to:
(A) The salaries or hourly wages and benefits of those persons
who receive training directly from the department; and
(B) Costs associated with preparation for, and delivery of,
training to the department or its contracted staff by local government
staff or contractors;
(b) Information coordination:
(i) Information coordination includes database infrastructure
establishment and programming for the dissemination of information
among law enforcement and the department related to facility
residents.
(ii) Reimbursement for information coordination is limited to
start-up costs;
(c) One-time capital costs:
(i) One-time capital costs are off-site costs associated with the
need for increased security in specific locations.
(ii) Reimbursement for one-time capital costs is limited to
actual costs; and
(d) Incident response:
(i) Incident response costs are law enforcement and criminal
justice costs associated with violations of conditions of release or
crimes by residents of the secure community transition facility.
(ii) Reimbursement for incident response does not include private
causes of action. [2002 c 68 s 17.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
RCW 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 committed person's individual residence or to a
setting less restrictive than a secure community transition facility.
A court-ordered less restrictive alternative placement to a committed
person's individual residence is not a less restrictive alternative
placement to a secure community transition facility. [2001 2nd sp.s.
c 12 s 226.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
RCW 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 certified
sex offender treatment providers or certified affiliate sex offender
treatment providers under chapter 18.155 RCW unless the court or the
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department of social and health services finds that: (a) The treatment
provider is employed by the department; or (b)(i) all certified sex
offender treatment providers or certified affiliate sex offender
treatment providers become unavailable to provide treatment within a
reasonable geographic distance of the person's home, as determined in
rules adopted by the department of social and health services; and
(ii) the evaluation and treatment plan comply with the rules adopted
by the department of social and health services.
A treatment provider approved by the department of social and
health services under (b) of this subsection, who is not certified by
the department of health, shall consult with a certified sex offender
treatment provider during the person's period of treatment to ensure
compliance with the rules adopted by the department of health. The
frequency and content of the consultation shall be based on the
recommendation of the certified sex offender treatment provider.
(2) A treatment provider, whether or not he or she is employed or
approved by the department of social and health services under
subsection (1) of this section or otherwise certified, may not perform
or provide treatment of sexually violent predators under this section
if the treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW 9.94A.030;
(b) Convicted in any other jurisdiction of an offense that under
the laws of this state would be classified as a sex offense as defined
in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing any health
care profession by competent authority in any state, federal, or
foreign jurisdiction.
(3) Nothing in this section prohibits a qualified expert from
examining or evaluating a sexually violent predator who has been
conditionally released for purposes of presenting an opinion in court
proceedings. [2009 c 409 s 14; 2004 c 38 s 14; 2001 2nd sp.s. c 12 s
404.]
Application—Effective date—2009 c 409: See notes following RCW
71.09.020.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
RCW 71.09.360 Treatment of persons on conditional release by
certified providers in underserved counties—Notification. To
facilitate the equitable geographic distribution of conditional
releases under this chapter, the department shall notify the secretary
of health, or the secretary's designee, whenever a sex offender
treatment provider in an underserved county has been contracted to
provide treatment services to persons on conditional release under
this chapter, in which case the secretary of health shall waive any
fees for the initial issue, renewal, and reissuance of a credential
for the provider under chapter 18.155 RCW. An underserved county is
any county identified by the department as having an inadequate supply
of qualified sex offender treatment providers to achieve equitable
geographic distribution of conditional releases under this chapter.
[2020 c 266 s 6.]
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RCW 71.09.370 Residents in total confinement—State
identification cards. (1) The department shall enter into a
memorandum of understanding with the department of licensing to allow
residents in total confinement at the special commitment center to
obtain a state identification card through a written identification
verification letter completed by the special commitment center and
delivered to the department of licensing.
(2) The process shall occur upon the person's initial detention
at the special commitment center. The process shall reoccur when the
person's state identification card expires. [2021 c 236 s 12.]
Findings—2021 c 236: See note following RCW 71.09.020.
RCW 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 chapter. Such
rules shall include provisions for an annual inspection of the special
commitment center; requirements for treatment plans and the retention
of records; and guidelines for attorneys to follow when bringing legal
materials into secure facilities. Guidelines for attorneys shall not
interfere with attorney-client privilege. [2013 c 43 s 2; 2000 c 44 s
1.]
Effective date—2000 c 44: "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 22, 2000]." [2000 c 44 s 2.]
RCW 71.09.903 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 persons, and references to
dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or
invalidated, to the extent that such interpretation does not conflict
with federal law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in any
statute, rule, or other law shall be construed to be gender neutral,
and applicable to individuals in state registered domestic
partnerships. [2009 c 521 s 159.]
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Yakima Municipal Code
Chapter 15.02 DEFINITIONS
Page 1/22
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Chapter 15.02
DEFINITIONS
Sections:
15.02.010 Purpose.
15.02.020 Definitions.
15.02.010 Purpose.
This chapter provides definitions for the terms and phrases used in this title. Where any of these definitions conflict
with definitions used in other titles of the city code, the definitions in this chapter shall prevail for the purpose of this
title. (Ord. 2016-029 § 1 (Exh. A) (part), 2016: Ord. 2008-46 § 1 (part), 2008: Ord. 2947 § 1 (part), 1986).
15.02.020 Definitions.
For the purpose of this title, certain abbreviations, terms, phrases, words and their derivatives shall be construed as
specified herein unless the context requires a different meaning. Where terms are not defined, they shall have the
ordinary accepted meaning within the context with which they are used. Where an activity or land use could fall
under two definitions, the more specific shall apply. Webster’s Ninth New Collegiate Dictionary, with the assistance
of the American Planning Association’s Planner Dictionary and Black’s Law Dictionary, shall be the source for
ordinary accepted meaning and for the definition of words not defined below. Specific examples are included as
illustrations, but are not intended to restrict a more general definition.
15.02.045 E Definitions
“Earthen material” means sand, gravel, rock, aggregate and/or soil.
“Emergency Housing” means temporary indoor accommodations for individuals or families who are homeless or at
imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal
hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease
or an occupancy agreement (RCW 36.70A.030(14)).
“Emergency Shelter” means a facility that provides a temporary shelter for individuals or families who are currently
homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement.
Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations
(RCW 36.70A.030(15)).
“Environmental review” means the procedures and requirements established by the State Environmental Policy Act,
RCW Chapter 43.21C, as it now exists or is hereafter amended.
“Existing uses” means a use or development legally existing or legally established by a jurisdiction prior to the
effective date of this title that has been or would be classified under YMC Chapter 15.04 as a Class (1), (2), or (3)
use in the appropriate zoning district.
“Extended stay hotel/motel” means a hotel or motel where more than ten percent of the rooms are rented to the
public for longer stays, which are more than thirty consecutive days. This definition does not include other defined
uses including, but not limited to, a boarding house or multifamily dwelling.
15.02.060 H Definitions
Halfway House. A “halfway house” shall include residentially oriented facilities that provide:
1. State-licensed group care homes for juvenile delinquents;
2. Houses providing residence in lieu of instructional sentencing;
3. Houses providing residence to individuals needing correctional institutionalization; or
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Yakima Municipal Code
Chapter 15.02 DEFINITIONS
Page 2/22
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of
incarceration for detoxification and treatment from effects of alcohol and drugs. (See “Clean and sober facility.”)
“Hazardous materials” means any item listed as hazardous by a federal agency or state Department of Ecology or
the Yakima regional clean air authority. (See YMC 15.13.020(D).)
“Hazardous waste” means and includes all dangerous and extremely hazardous wastes as defined in RCW
70.105.010.
“Hazardous waste facility, off-site” means hazardous waste treatment and storage facilities that treat and store waste
from generators on properties other than those on which the off-site facilities are located.
“Hazardous waste facility, on-site” means hazardous waste treatment and storage facilities which treat and store
wastes generated on the same lot.
“Hazardous waste generator” means any person or site whose act or process produces dangerous waste or whose act
first causes dangerous waste to become subject to regulations under the dangerous waste regulations, WAC Chapter
173-303.
“Hazardous waste storage” means the holding of dangerous waste for a temporary period. Accumulation of
dangerous waste by the generator at the generation site is not storage as long as the generator complies with the
applicable requirements of WAC 173-303-200 and 173-303-201.
“Hazardous waste treatment” means the physical, chemical, or biological processing of dangerous waste to make
such waste nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery,
amenable for storage, or reduced in value.
“Hearing examiner” means that person appointed by the Yakima city council.
“Home instruction” means the teaching of an art, hobby, skill, trade, profession or sport as a home occupation,
except when otherwise prohibited. (See YMC Chapter 15.04, Table 4-2.)
“Home occupation” means the accessory use of a dwelling unit for gainful employment involving the manufacture,
provision or sale of goods and/or services in the home.
“Home occupation, business administration” means the accessory use of a dwelling as an administrative office for a
licensed commercial business located in an approved commercial zoning district, or a home based internet business
that does not involve the on-site resale of commercial goods. The home is used for phone calls, mail, completing
paperwork, and work on a home computer associated with a business. This definition does not include
manufacturing, sales not associated with an internet business, repair or other services.
“Home occupation, home contractor” means the accessory use of a dwelling as, but not limited to, lawn care and/or
snow removal services, building, electrical and plumbing, contractors’ offices for small businesses.
“Home occupation, home office” means the accessory use of a dwelling for office use including, but not limited to,
the following professions: accountant, architect, artist, author, arts and crafts, attorney, composer, dressmaker,
seamstress, tailor, engineer, insurance agent, photographer, music teacher, and real estate agent.
“Home occupation, product assemblage/repair” means a business or service involved in assembling products for
off-site sales. This definition also includes the repair of small appliances, small engines, radios, televisions, and
other similar items
“Home occupation, taxicab operator” means the accessory use of a dwelling as an administrative office for a taxicab
licensed under YMC Ch. 5.78. This use shall be limited to a maximum of two vehicles operated by immediate
family members who reside in the home.
“Homeowners’ association” means a community association, other than a condominium association, in which
individual owners share ownership or maintenance responsibilities for open space or facilities.
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Yakima Municipal Code
Chapter 15.02 DEFINITIONS
Page 3/22
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
“Hospital” means an institution providing clinical, temporary, and emergency services of a medical or surgical
nature to human patients which is licensed by state law to provide facilities and services for surgery, obstetrics, and
general medical practice as distinguished from clinical treatment of mental and nervous disorders.
“Hotel” means a lodging use located in a structure, or structures, where rooms are usually accessed by means of
common interior hallways, and in which more than ninety percent of the rooms are provided to transient visitors for
a fee on a daily or short-term basis. For purposes of this definition, “daily or short-term” means thirty or fewer
consecutive days. This definition does not include other defined uses including, but not limited to, a boarding house
or multifamily dwelling.
“Hulk hauler” means any person who deals in vehicles for the sole purpose of transporting and/or selling them to a
licensed motor vehicle wrecker or scrap processor in substantially the same form in which they are obtained. A hulk
hauler may not sell secondhand motor vehicle parts to anyone other than a licensed vehicle wrecker or scrap
processor, except for those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter amended, which
may be sold to a licensed vehicle wrecker or disposed of at a public facility for waste disposal. (RCW 46.79.010)
15.02.080 L Definitions
“Land” means a lot or parcel.
“Land use” means the manner in which land and structures are used.
“Landscaping” means the arrangement and planting of trees, grass, shrubs and flowers, and the placement of
fountains, patios, street furniture and ornamental concrete or stonework and artificial turf.
“Legislative body” means the Yakima city council.
“Loading space” means an off-street space on the same lot with a structure or use, or contiguous to a group of
structures or uses, for the temporary parking of a vehicle while loading or unloading persons, merchandise, or
materials, and which abuts a street, alley or other appropriate means of access and egress.
“Lot” means a division of land:
1. Defined by boundaries and shown on a final plat or short plat officially recorded in the Yakima County
auditor’s office; or
2. A legally recognized prior division or parcel under the provisions of Yakima County’s subdivision ordinance
or the city of Yakima’s subdivision ordinance.
“Lot area” means the total horizontal area within the boundary lines of the gross lot.
“Lot, corner” means a lot abutting two or more streets at their intersection, or upon two parts of the same street
forming an interior angle of less than one hundred thirty-five degrees. (See Figure 2-2.)
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Yakima Municipal Code
Chapter 15.02 DEFINITIONS
Page 4/22
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Figure 2-2
“Lot coverage” means that portion of the lot that is covered by structures and other impervious surfaces.
“Lot depth” means the horizontal length of a straight line drawn from the midpoint of the front lot line to the
midpoint of the rear lot line. (See Figure 2-3.)
Figure 2-3
“Lot, flag” means a lot only a narrow portion of which fronts on a public/private road and where access to the
public/private road is across that narrow portion. (See Figure 2-2.)
“Lot, inside or interior” means a lot other than a corner lot. (See Figure 2-2.)
“Lot line, front” means, in the case of an interior lot, the property line separating the lot from the road or street, other
than an alley. For the purpose of establishing the front lot line for a corner or flag lot, the following shall apply:
1. In the case of a corner lot, the front lot line shall be the property line with the narrowest street frontage, except
that the building official, or his designee, shall designate the front lot line for corner lots in residential districts.
2. For a flag lot, when the access easement or right-of-way extends across the lot, the front lot line shall be the
line separating the lot from the right-of-way or access easement. When the right-of-way or access easement does not
extend across the property, the front lot line shall be determined by the building official.
“Lot line, interior” means, in the case of zero lot line development, the property line separating a zero lot line from:
(a) another zero lot line or (b) adjoining common open space. (See Figure 2-4.)
Figure 2-4
“Lot line, rear” means the property line which is opposite and most distant from the front lot line. For the purpose of
establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or
more lines, the following shall apply:
1. For a triangular or gore-shaped lot, a line ten feet in length within the lot and farthest removed from the front
lot line, and at right angles to the line comprising the depth of such lot, shall be used as the rear lot line.
2. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall
be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point
bisecting the required rear lot line.
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
3. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle
shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
“Lot line, side” means any lot boundary line not a front lot line or rear lot line.
“Lot, through” means an interior lot having frontage on two streets. (See Figure 2-2.)
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the line comprising
the depth of the lot at a point midway between the front and rear lot lines. (See Figure 2-3.)
“Low impact development” means stormwater management and land development strategies that emphasize
conservation and use of existing natural site features integrated with disturbed, small-scale stormwater controls to
more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Low impact
development addresses stormwater management and land development that is applied at the parcel and subdivision
scale that emphasizes conservation and use of on-site natural features.
15.02.115 S Definitions
“School” means a structure and accessory facilities in which prescribed courses are taught. This definition includes
elementary, junior high or high schools and institutions of higher learning, but does not include commercial schools,
nursery schools, kindergartens, or day nurseries, except when operated in conjunction with a public, private, or
parochial school.
“School, vocational” means the commercial use of a structure or land for teaching arts, crafts, or trades.
“Secure Community Transitional Facility” means a residential facility for persons civilly committed and
conditionally released to a less restrictive alternative under this chapter. A secure community transition facility has
supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure
community transition facilities include but are not limited to the facility established pursuant to
RCW 71.09.250(1)(a)(i) and any community-based facilities established under this chapter and operated by the
secretary or under contract with the secretary.
“Service station” means a retail facility to supply motor fuel and other petroleum products to motor vehicles, and
may include lubrication and minor repair service and incidental sale of motor vehicle accessories.
“Setback, front” is the minimum horizontal distance measured perpendicularly from the centerline of the adjacent
right-of-way to the nearest wall of the structure. Where there is a partial right-of-way, the setback shall be measured
perpendicularly from the design centerline. When there is no right-of-way, the front setback shall be twenty feet
from the front property line.
“Setback, side and rear” is the minimum horizontal distance measured perpendicularly from the nearest property line
to the nearest wall of the structure, except that a side setback on a corner lot, along the adjacent right-of-way, shall
be measured perpendicularly from the centerline of the right-of-way. When there is a partial right-of-way, the
setback shall be measured perpendicularly from the design centerline.
“Sewer system, community” means small, self-contained sewage treatment facilities built to serve developed areas
generally found outside public sewer service areas.
“Sewer system, individual” means a system designed and constructed on site to dispose of sewage from one or two
structures. Septic tank systems are the most common form of individual sewer system.
“Sewer system, regional” means sewer service provided by a municipality or special purpose district.
“Short term rental” means a residential structure providing individuals with lodging for not more than thirty days.
For home occupations, such uses are limited to having not more than five guest rooms.
Sign. See YMC Chapter 15.08 for a complete listing of sign definitions.
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“Sign manufacturing and assembly” means the design, manufacturing, and assembly of metal-cased, thermo-formed,
wooden, stone, neon, internally lit, or electronic signs.
“Site improvement” means any structure or other addition to land.
“Site improvement, required” means any specific design, construction requirement or site improvement that is a
condition of approval for any permit issued under the provisions of this title or which is a part of any site plan
approved under the provisions of this title.
“Site plan, detailed” means a general site plan incorporating such additional factors as landscaping, drainage, and
others as may be specified.
“Site plan, general” means a sketch drawn to scale showing the actual dimensions and shape of the lot to be built
upon, the sizes and location of existing buildings on the lot to the nearest foot, and the location and dimensions of
the proposed building(s), structure(s), or alteration(s).
“Social card room” means a commercial facility, or a portion thereof, open to the general public, in which
house-banked social card games are played, as that term is defined by RCW 9.46.0282 (or as the same may be
subsequently amended hereafter), or in which other activities occur that constitute gambling and are authorized by
the Washington State Gambling Commission under RCW 9.46.070 (or as the same may be subsequently amended
hereafter), to the extent that said activities include any gambling activity engaging in the use of, or associated with,
slot machines (whether mechanical or electronic) or any gambling activity engaging in the use of, or associated with,
any other electronic mechanism including video terminals.
“Special event” means any event for which a special event permit has been issued pursuant to Chapter 9.70 of this
code.
Specialty Food Store/Food Store, Specialty. See “Delicatessen and other specialty food stores.”
“Standard, administrative adjustment of” means a change, either an increase or decrease, in one or more of the
development standards in YMC Chapters 15.05 through 15.08, in accordance with the provisions of YMC Chapter
15.10.
“Standard, general” means any standard not capable of precise numerical definition, but which expresses the policies
of the community in this title and which may be applied by the reviewing official during a Type (1), Type (2) or
Type (3) review.
“Standard, specific” means those numerical standards established in YMC Chapters 15.04, 15.05, 15.06, 15.07,
15.08 and 15.09.
“State siting criteria” means criteria for the siting of hazardous waste treatment and storage facilities adopted
pursuant to the requirements of RCW Chapter 70.105.
“Stockpiling of earthen materials” means permanent and/or continuous use for storage of rock, gravel, rubble, sand,
or soil.
“Storage facilities, bulk” means either enclosed (see “Warehouse”) or outdoor areas designed for the storage of
either large quantities of materials or materials of large size. Includes the storage of vehicles when such storage is
not incidental and subordinate to another land use and is not vehicle parking, automotive wrecking/dismantling
yards or vehicle sales lots.
“Storage facilities, commercial” means enclosed storage areas designated as support facilities for commercial
activities and used for the storage of retail materials.
“Storage facilities, commercial outdoor” means a storage area as support facilities for commercial activities and
used for the storage of retail materials which may be stored outdoor and screened by, at minimum, a six-foot-tall
view obscuring fence or wall.
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“Storage facilities, residential mini-storage” means enclosed areas providing storage for residential goods and/or
recreational vehicles within the structure.
“Storage facilities, residential mini-storage outdoor” means an outdoor area providing storage for residential goods
and/or recreational vehicles and screened by, at minimum, a six-foot-tall view obscuring fence or wall.
“Storage, vehicle” means keeping vehicles on a given site that are not actively used by the principal occupants of the
site. This definition does not include automotive wrecking/dismantling yards or vehicle sales lots.
“Street” means a public or private road.
“Street vendor” means a vendor selling food, nonalcoholic beverages, and/or other goods or services within a public
or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property using a
nonmotorized cart or temporary structure. See YMC Chapter 5.57.
“Structural alteration” means:
1. Any change in a major component or other supporting members of the structure, including foundations,
bearing walls, beams, columns, floor or roof joists, girders, or rafters; or
2. Any change in the exterior lines or configuration of a structure if such changes result in the enlargement of the
structure.
“Structure” means anything constructed or erected which requires location on the ground or attached to something
having a location on the ground.
“Structure, temporary” means a structure without any foundation or footings and which is removed when the
designated time period, activity, or use for which the temporary structure was erected has ceased.
“Swimming pool” means a contained body of water, used for swimming or bathing purposes, either above ground
level or below ground level, with the depth of the container being more than eighteen inches or the area being more
than thirty-eight square feet.
15.02.120 T Definitions
“Tavern” means an establishment operated primarily for the sale of wine, beer, or other beverages with any service
of food incidental thereto.
“Technical equipment” means medical, dental, fire suppression, restaurant, etc., equipment.
“Tiny house” and “tiny house with wheels” mean a dwelling to be used as permanent housing with permanent
provisions for living, sleeping, eating, cooking and sanitation built in accordance with the state building code.
“Tiny house communities” means real property rented or held out for rent to others for the placement of tiny houses
with wheels or tiny houses utilizing the binding site plan process in RCW 58.17.030/YMC Ch 14.35.
“Towing services” means a service to haul or tow vehicles for service, repair or temporary storage. Any facility,
except for wrecking yards, storing a vehicle for five or more days shall be considered a vehicle storage facility. Hulk
haulers are not included under this definition.
“Transitional Housing Facilities” Means A facility that provides housing and supportive services to homeless
individuals or families for up to two years and whose primary purpose is to enable homeless individuals or families
to move into independent living and permanent housing (RCW 84.36.043 and WAC 458-16-320).
“Transportation brokerage offices” means establishments primarily engaged in furnishing shipping information and
acting as agents in arranging transportation for freight and cargo.
).
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Chapter 15.04
PERMITTED LAND USES
Sections:
15.04.010 Purpose.
15.04.020 Land use classification system.
15.04.030 Table of permitted land uses.
15.04.040 Unclassified uses.
15.04.060 Accessory uses.
15.04.070 Overlays.
15.04.080 Drive-through facilities.
15.04.090 Yard sales.
15.04.100 Caretaker dwellings.
15.04.110 Swimming pools.
15.04.120 Home occupations.
15.04.130 Temporary use permits.
15.04.140 Temporary hardship unit permits.
15.04.150 Standards for mobile/manufactured home and tiny house communities.
15.04.160 Placement of mobile/manufactured homes in residential districts.
15.04.170 Placement of manufactured modular nonresidential structures.
15.04.190 Social card rooms.
15.04.200 State Fair Park—Exposition and Special Events Center.
15.04.030 Table of permitted land uses.
Table 4-1 titled “Permitted Land Uses” is incorporated as part of this section. Each permitted land use listed in Table
4-1 is designated a Class (1), (2), or (3) use for a particular zoning district. In addition, some Class (1) uses may
require Type (2) review in accordance with YMC 15.04.020. All permitted land uses and associated site
improvements are subject to the design standards and review procedures of this title.
Table 4-1. Permitted Land Uses
stockyards) (*)
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Table 4-1. Permitted Land Uses
from abutting residential and/or containing a go-cart track)
from abutting residential and not containing a go-cart track)
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
Storage
Sales
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
Organizations
Overlay
Overlay
principal use) (See YMC 15.04.060(G))
one-half acre up to one acre)
one-quarter and up to one-half acre)
acre or less)
In-Home (*)
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Table 4-1. Permitted Land Uses
Homes (*)
agreement—see definition)
Other Foods
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
Assembly
Instruments and Product Assembly
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Table 4-1. Permitted Land Uses
sale)
(*)
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
YMC 15.09.040)
Existing Lots of 8,000 Square Feet or Less
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
Equipment
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Table 4-1. Permitted Land Uses
Electrical, and Painting)
Storage
Watches, etc.
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Table 4-1. Permitted Land Uses
etc.)
etc.
etc.
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Table 4-1. Permitted Land Uses
** See YMC 15.09.220 for general development requirements for marijuana uses.
χ = Not Permitted
1 = Class (1) Permitted Use
2 = Class (2) Requires an Administrative Review by the Administrative Official
3 = Class (3) Requires a Public Hearing by the Hearing Examiner
).
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Chapter 15.05 SITE DESIGN AND IMPROVEMENT
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
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Chapter 15.09 SPECIAL DEVELOPMENT
The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
Chapter 15.09
SPECIAL DEVELOPMENT STANDARDS
Sections:
15.09.230 Less Restrictive Alternatives (RCW 71.09.020(16))
15.09.230 Less Restrictive Alternatives (RCW71.09.020(16))
A. Purpose. The purpose of this section is to provide guidance and identify appropriate land use regulations
and establish development and performance standards regarding secure community transition facilities as defined by
71.09.020(16).
B. Siting. Secure community transition facilities shall be located at least XxXxX feet from the following uses:
1. Elementary or secondary school;
2. Playgrounds;
3. Recreation center or facility;
4. Childcare centers;
5. Public parks;
6. Public transit centers;
7. Libraries; and
8. Any game arcade, as defined herein.
C. Staff Report. The administrative official shall prepare a report concerning the proposed siting of the secure
community transition facility for the hearing in front of the hearing examiner. The staff report shall evaluate the
advisability of the proposed vacation based on a development services team (DST) meeting and/or submitted
application materials. The report shall address the criteria to be considered in determining whether to vacate the
public right-of-way, and such other information as deemed appropriate by the administrative official. In preparing
the report, the administrative official shall solicit comments from the police department and the fire department. The
administrative official may solicit comments from other governmental agencies and utility companies having
jurisdiction or utilities within the boundaries of the city. The report shall be submitted to the hearing examiner and to
the petitioner and his or her representative not less than seven calendar days before the hearing.
D. Notice. Any applicant requesting to site a secure community transition facility shall comply with the
following noticing requirements:
1. Posting a written notice in three public places in the city, one of which shall be City Hall;
2. Publishing written notice once in the city’s official newspaper, published at least 2 weeks prior to the
public hearing;
3. Posting a minimum twenty-four-inch by thirty-six-inch notice sign in a conspicuous place along each
frontage of the site describing the proposed vacation and the date, time and location of the public hearing; and
4. Written public notice, including a project description and number of occupants mailed to all property
owners within on half-mile radius of the subject site.
15.09.220 Marijuana uses.
A. Purpose. The purpose of this section is to regulate marijuana producers, processors, researchers and retailers
regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing
development and performance standards. Further, the purpose of this section is to regulate neighborhood
cooperatives as allowed by 2E2SHB 2136, as now written or hereafter codified. Marijuana producers, processors,
researchers and retailers, as well as neighborhood cooperatives, shall only be permitted in the zones outlined in the
Table of Permitted Land Uses, YMC 15.04.030, and when licensed by the Washington State Liquor and Cannabis
Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances
Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law.
B. Definitions. The following definitions are specific to marijuana uses and shall have the following meanings:
1. “Child care center” means an entity or person that regularly provides child day care and early learning
services for children and is licensed by the Washington State Department of Early Learning under Chapter 170-
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The Yakima Municipal Code is current through Ordinance 2026-001, passed January 6, 2026.
I. Notice. Any applicant for any marijuana producer, processor, researcher or retailer license under Chapter 69.50
RCW shall, no later than sixty days prior to the issuance of its license by the Washington State Liquor and Cannabis
Board, provide individual notice of the license to any elementary or secondary school, playground, recreation center
or facility, child care center, church, public park, public transit center, library, or any game arcade, admission to
which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of
the grounds of the establishment seeking licensure. The notice must provide the contact information for the Liquor
and Cannabis Board and where any of the owners or operators of these entities may submit comments or concerns
about the proposed business location. For the purpose of this subsection, “church” means a building erected for and
used exclusively for religious worship and schooling or other activity in connection therewith. (Ord. 2016-029 § 1
(Exh. A) (part), 2016: Ord. 2016-017 § 1, 2016: Ord. 2016-008 § 5, 2016).
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