Revised Code of Washington
Chapter 71.09 - Sexually Violent Predators.
71.09.315 - Transition facilities—Public notice, review, and comment.

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 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 § 219.]
NOTES:

Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

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.