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 § 5; 2009 c 409 § 9; 1995 c 216 § 10.]
NOTES:
Findings—2021 c 236: See note following RCW 71.09.020.
Application—Effective date—2009 c 409: See notes following RCW 71.09.020.
Structure Revised Code of Washington
Chapter 71.09 - Sexually Violent Predators.
71.09.015 - Finding—Intent—Clarification.
71.09.025 - Notice to prosecuting attorney prior to release.
71.09.030 - Sexually violent predator petition—Filing.
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.
71.09.092 - 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.
71.09.110 - Department of social and health services—Duties—Reimbursement.
71.09.111 - Department of social and health services—Disclosures to the prosecuting agency.
71.09.115 - 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.
71.09.343 - 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.
71.09.370 - Residents in total confinement—State identification cards.
71.09.810 - Sex offender policy board—Quarterly meetings.
71.09.903 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.