Title 71 — Title 71 BEHAVIORAL HEALTH
13 chapters · 468 sections in this title.
RCW 71.09.010 Findings.
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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 …
RCW 71.09.015 Finding—Intent—Clarification.
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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 au…
RCW 71.09.020 Definitions.
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*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***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 rel…
RCW 71.09.025 Notice to prosecuting attorney prior to release.
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(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 pursu…
RCW 71.09.030 Sexually violent predator petition—Filing.
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(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 convicted of a sexually violent offense is about to be released from to…
RCW 71.09.035 Sexually violent predator petition—Demands for documents.
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(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, photogra…
RCW 71.09.040 Sexually violent predator petition—Probable cause hearing—Judicial determination—Transfer to total confinement facility upon probable cause determination.
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(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 custo…
RCW 71.09.045 Indigent defense services—Activities beyond the scope of representation by the office of public defense.
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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 …
RCW 71.09.050 Trial—Rights of parties.
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(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, …
RCW 71.09.055 Expert evaluations of indigent persons—Costs.
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(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 al…
RCW 71.09.060 Trial—Determination—Commitment procedures.
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*** CHANGE IN 2026 *** (SEE 1390-S.SL) ***(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 i…
RCW 71.09.070 Annual examinations of persons committed under chapter—Suspension of section.
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(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…
RCW 71.09.080 Rights of persons committed under this chapter—Use of personal computers regulated.
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(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…
RCW 71.09.085 Medical care—Contracts for services—Authorization to act on behalf of civilly committed residents.
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(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 terminati…
RCW 71.09.090 Petition for conditional release to less restrictive alternative or unconditional discharge—Procedures—Suspension of section.
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(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 wit…
RCW 71.09.092 Conditional release to less restrictive alternative—Findings.
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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; …
RCW 71.09.094 Conditional release to less restrictive alternative—Verdict.
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(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 fort…
RCW 71.09.096 Conditional release to less restrictive alternative—Judgment—Conditions—Annual review.
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(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 71.09.09…
RCW 71.09.097 Conditional release to less restrictive alternative—Department developing placement—Considerations.
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(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 requir…
RCW 71.09.098 Revoking or modifying terms of conditional release to less restrictive alternative—Hearing—Custody pending hearing on revocation or modification.
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(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 p…
RCW 71.09.099 Conditional release to less restrictive alternative—Conditional release and transition facilities study.
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To facilitate the primary role of the department in identifying less restrictive alternative placements under RCW 71.09.090 and discharge planning under RCW 71.09.080, subject to the availability of amounts appropriated for this specific purpose, the department shall conduct a st…
RCW 71.09.110 Department of social and health services—Duties—Reimbursement.
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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 d…
RCW 71.09.111 Department of social and health services—Disclosures to the prosecuting agency.
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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 o…
RCW 71.09.112 Department of social and health services—Jurisdiction and revocation of conditional release after criminal conviction—Exception.
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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…
RCW 71.09.115 Record check required for employees of secure facility.
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(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 …
RCW 71.09.120 Release of information authorized.
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(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 th…
RCW 71.09.130 Notice of escape or disappearance—Warrants—Liability.
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(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 law enforcement…
RCW 71.09.135 McNeil Island—Escape planning, response.
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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.]Notes:Severability—Effective date—2003 c 216: See notes following RCW 71.09…
RCW 71.09.140 Notice of conditional release or unconditional discharge—Notice of escape and recapture.
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(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 n…
RCW 71.09.200 Escorted leave—Definitions.
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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 app…
RCW 71.09.210 Escorted leave—Conditions.
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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, c…
RCW 71.09.220 Escorted leave—Notice.
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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.
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(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, sha…
RCW 71.09.250 Transition facility—Siting.
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(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 speci…
RCW 71.09.252 Transition facilities—Agreements for regional facilities.
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(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 numbe…
RCW 71.09.255 Transition facilities—Incentive grants and payments.
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(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 i…
RCW 71.09.260 Transition facilities not limited to residential neighborhoods.
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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.]Notes:Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following R…
RCW 71.09.265 Transition facilities—Distribution of impact.
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(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 concentr…
RCW 71.09.275 Transition facility—Transportation of residents.
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(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, e…
RCW 71.09.280 Transition facility—Release to less restrictive placement.
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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 …
RCW 71.09.285 Transition facility—Siting policy guidelines.
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(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 faci…
RCW 71.09.290 Other transition facilities—Siting policy guidelines.
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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 fo…
RCW 71.09.295 Transition facilities—Security systems.
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(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 elec…
RCW 71.09.300 Transition facilities—Staffing.
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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 eq…
RCW 71.09.305 Transition facility residents—Monitoring, escorting.
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(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 t…
RCW 71.09.310 Transition facility residents—Mandatory escorts.
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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.]Notes:Intent—Severability—Effective dates—200…
RCW 71.09.315 Transition facilities—Public notice, review, and comment.
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(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…
RCW 71.09.320 Transition facilities—Operational advisory boards.
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(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…
RCW 71.09.325 Transition facilities—Conditional release—Reports—Violations.
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(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, …
RCW 71.09.330 Transition facilities—Contracted operation—Enforcement remedies.
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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.]Notes:Intent—Severability—Effective date…