Section 71.09.092 - Conditional release to less restrictive alternative-FindingsBefore 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;(2) 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) 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) 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) the person is willing to comply with the treatment provider and all requirements imposed by the treatment provider and by the court; and(6) 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.Amended by 2021 c 236,§ 5, eff. 7/25/2021. 2009 c 409 § 9; 1995 c 216 § 10.Findings- 2021 c 236 : See note following RCW 71.09.020.
Application-Effective date- 2009 c 409 : See notes following RCW 71.09.020.