Washington HB 1390: Repealing the community protection program.

Bill Text

CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1390
Chapter 254, Laws of 2026
69th Legislature
2026 Regular Session
DEVELOPMENTAL DISABILITIES—COMMUNITY PROTECTION PROGRAM—REPEAL
EFFECTIVE DATE: June 11, 2026—Except for sections 3 through 5, which
take effect January 1, 2027.
Passed by the House March 9, 2026
Yeas 51 Nays 44
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 4, 2026
Yeas 29 Nays 20
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 1390 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 31, 2026 1:33 PM FILED
April 1, 2026
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington

AN ACT Relating to repealing the community protection program; 1
amending RCW 71.09.020 and 71.09.060; creating new sections; 2
repealing RCW 71A.12.200, 71A.12.210, 71A.12.220, 71A.12.230, 3
71A.12.240, 71A.12.250, 71A.12.260, and 71A.12.280; providing an 4
effective date; and providing an expiration date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. The legislature intends to end the 7
community protection program to allow clients of the home and 8
community living administration to obtain less restrictive service 9
options. This act is not intended to reduce the supportive services 10
that clients of the home and community living administration receive.11
NEW SECTION. Sec. 2. (1) By December 31, 2026, the department 12
of social and health services shall develop and implement a plan to 13
transition all individuals participating in the community protection 14
program into other services or programs.15
(2) This section expires July 1, 2027.16
Sec. 3. RCW 71.09.020 and 2021 c 236 s 2 are each amended to 17
read as follows:18
SUBSTITUTE HOUSE BILL 1390
AS AMENDED BY THE SENATE
Passed Legislature - 2026 Regular Session
State of Washington 69th Legislature 2025 Regular Session
By House Early Learning & Human Services (originally sponsored by
Representatives Goodman, Farivar, Thai, Peterson, Reed, and
Salahuddin; by request of Department of Social and Health Services)
READ FIRST TIME 02/11/25.
p. 1 SHB 1390.SL

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 71.09.030.32
(9) "Mental abnormality" means a congenital or acquired condition 33
affecting the emotional or volitional capacity which predisposes the 34
person to the commission of criminal sexual acts in a degree 35
constituting such person a menace to the health and safety of others.36
(10) "Personality disorder" means an enduring pattern of inner 37
experience and behavior that deviates markedly from the expectations 38
of the individual's culture, is pervasive and inflexible, has onset 39
in adolescence or early adulthood, is stable over time and leads to 40
p. 2 SHB 1390.SL

distress or impairment. Purported evidence of a personality disorder 1
must be supported by testimony of a licensed forensic ps