States / Washington / HB 2698

HB 2698 In Committee

Requiring the court to consider recommendations from the prosecutor before approving a less restrictive alternative for a sexually violent predator.

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 H-3214.1

HOUSE BILL 2698

State of Washington

69th Legislature

2026 Regular Session

By Representatives Barnard, Connors, and Rude

Read first time 01/28/26. Referred to Committee on Community Safety.

AN ACT Relating to requiring the court to consider recommendations from the prosecutor before approving a less restrictive alternative for a sexually violent predator; and amending RCW 71.09.092 .

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 71.09.092 and 2021 c 236 s 5 are each amended to read as follows:

(1) Before the court may enter an order directing conditional release to a less restrictive alternative, it must find the following: (( (1) )) (a) 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) )) (b) 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) )) (c) 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) )) (d) 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) )) (e) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and (( (6) )) (f) 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.

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