Washington SB 5854: Ensuring the long-term economic and environmental sustainability of the state's recycling system within the existing regulatory structure.

Bill Text

AN ACT Relating to augmenting community protections by modifying 1
procedures related to whether or not sexually violent predators may 2
be released to less restrictive alternative placements; amending RCW 3
71.09.020, 71.09.090, 71.09.092, 71.09.094, 71.09.096, and 71.09.098; 4
creating a new section; and declaring an emergency.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature finds that certain 7
jurisdictions bear a disproportionate share of the sexually violent 8
predators that release from total confinement. This is a clear 9
violation of fair share principles. The legislature intends to 10
augment requirements the court should consider prior to granting a 11
release for a sexually violent predator from total confinement to a 12
less restrictive alternative placement. The legislature also intends 13
to create a statutory option for local jurisdictions to reject 14
placement of a sexually violent predator if the county is not the 15
county of commitment and the placement does not comply with fair 16
share principles.17
Sec. 2. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 18
read as follows:19
S-3453.1
SENATE BILL 5854
State of Washington 69th Legislature 2026 Regular Session
By Senators Schoesler, Riccelli, Dozier, Wagoner, Boehnke, McCune,
Holy, J. Wilson, Harris, Warnick, Torres, Christian, Muzzall, Short,
Goehner, Trudeau, Hasegawa, Fortunato, Gildon, and C. Wilson
Prefiled 12/08/25. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 5854

Unless the context clearly requires otherwise, the definitions in 1
this section apply throughout this chapter.2
(1) "Department" means the department of social and health 3
services.4
(2) "Fair share principles" and "fair share principles of 5
release" means that each county has adequate options for conditional 6
release housing placements in a number generally equivalent to the 7
number of residents from that county who are subject to total 8
confinement pursuant to this chapter.9
(3) "Health care facility" means any hospital, hospice care 10
center, licensed or certified health care facility, health 11
maintenance organization regulated under chapter 48.46 RCW, federally 12
qualified health maintenance organization, federally approved renal 13
dialysis center or facility, or federally approved blood bank.14
(4) "Health care practitioner" means an individual or firm 15
licensed or certified to engage actively in a regulated health 16
profession.17
(5) "Health care services" means those services provided by 18
health professionals licensed pursuant to RCW 18.120.020(4).19
(6) "Health profession" means those licensed or regulated 20
professions set forth in RCW 18.120.020(4).21
(7) "Less restrictive alternative" means court-ordered treatment 22
in a setting less restrictive than total confinement which satisfies 23
the conditions set forth in RCW 71.09.092. A less restrictive 24
alternative may not include placement in the community protection 25
program as pursuant to RCW 71A.12.230.26
(8) "Likely to engage in predatory acts of sexual violence if not 27
confined in a secure facility" means that the person more probably 28
than not will engage in such acts if released unconditionally from 29
detention on the sexually violent predator petition. Such likelihood 30
must be evidenced by a recent overt act if the person is not totally 31
confined at the time the petition is filed under RCW 71.09.030 or by 32
prima facie evidence of a lack of remorse or failure to participate 33
in sex offender treatment while in total confinement.34
(9) "Mental abnormality" means a congenital or acquired condition 35
affecting the emotional or volitional capacity which predisposes the 36
person to the commission of criminal sexual acts in a degree 37
constituting such person a menace to the health and safety of others.38
(10) "Personality disorder" means an enduring pattern of inner 39
experience and behavior that deviates markedly from the expectations 40
p. 2 SB 5854

of the individual's culture, is pervasive and inflexible, has onset 1
in adolescence or early adulthood, is stable over time and leads to 2
distress or impairment. Purported evidence of a personality disorder 3
must be supported by testimony of a licensed forensic psychologist or 4
psychiatrist.5
(11) "Predatory" means acts directed towards: (a) Strangers; (b) 6
individuals with whom a relationship has been established or promoted 7
for the primary purpose of victimization; or (c) persons of casual 8
acquaintance with whom no substantial personal relationship exists.9
(12) "Prosecuting agency" means the prosecuting attorney of the 10
county where the person was convicted or charged or the attorney 11
general if requested by the prosecuting attorney, as provided in RCW 12
71.09.030.13
(13) "Recent overt act" means any act, threat, or combination 14
thereof that has either caused harm of a sexually violent nature or 15
creates a reasonable a