Revised Code of Washington
Chapter 71.09 - Sexually Violent Predators.
71.09.015 - Finding—Intent—Clarification.

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 § 1.]
NOTES:

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 § 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 § 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 § 15.]

Structure Revised Code of Washington

Revised Code of Washington

Title 71 - Behavioral Health

Chapter 71.09 - Sexually Violent Predators.

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.

71.09.040 - 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.

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.

71.09.810 - Sex offender policy board—Quarterly meetings.

71.09.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.