WA House passes bill to improve monitoring of sexually violent predators

(The Center Square) – Legislation requiring electronic monitoring of sexually violent predators granted conditional release has been unanimously approved by the Washington State House of Representatives.

House Bill 1457, sponsored by Rep. Dan Griffey, R-Allyn, “Requires the court to impose electronic monitoring that, to the extent feasible, has specified tracking and notification capabilities prior to authorizing a person’s conditional release to a less restrictive alternative,” according to the bill summary.

The bill passed 96-0 on Monday.

Griffey told The Center Square he convened a work group between last year’s legislative session and the current session to find solutions to balance the constitutional rights of offenders who earn conditional release and community safety.

“How they are treated, where they stay, how they get out, all of those things were what we looked at,” he said. “We invited the defense bar too, the Washington public defenders group.”

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Griffey said HB 1457 resulted from a conversation he had with a public defender during a work group session.

“One of the defenders who took part told me there was something she could support, and that is advanced monitoring of sexually violent predators when they’re in LRAs or less restrictive alternative settings in communities,” he explained.

The bill mandates that the ankle monitor worn at all times by an offender have geographical boundaries or isolation boundaries, which are tracked 24 hours a day and provide immediate notice of any violation.

“You can draw a pathway that the individual can take, and we can monitor if they step off the pathway,” Griffey said. “The reason defenders like it is they can prove the client is actually living as they’re supposed to. And I think the community can look at it and see that everything the person was required to do, like go to treatment, they did.”

LRAs were created by lawmakers in 2021 for inmates who met conditions of release upon transitioning from the Special Commitment Center, a post-prison-sentence treatment institution for people designated as sexually violent predators, on McNeil Island.

According to the Department of Social and Health Services, “Residents may be transferred to less restrictive alternatives from SCCs total confinement facility on McNeil Island. Residents are constitutionally entitled to a yearly evaluation to determine if they still meet criteria for commitment and if an LRA is in their best interest and if conditions can be imposed that adequately protect the community.”

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LRAs can be run by DSHS or operated by a private provider with 24-hour staffing and trained escorts.

Community resistance to LRAs made headlines in early 2023, as reported by Fox 13, when Tenino residents rallied in opposition to a transitional housing facility.

The company that was contracted to operate the home, Supreme Living LLC, opted not to proceed citing expenses with land use requirements.

The Tenino location had been approved for up to five Level 3 sex offenders. Level 3 offenders are considered most likely to re-offend.

There was similar pushback in Enumclaw, where a privately run home called Garden House took in a former McNeil Island resident. The resident stayed only a few months before being moved back to SCC. According to the community group Save Our Children, Garden House is one of 24 LRAs operating around the state.

Griffey said his bill is an honest attempt to balance offender and community rights.

“If we can see that the stalking behavior is improved, then maybe, just maybe we have a system that society can feel better about,” he said. “There’s no way to feel safe with sexually violent predators in the community, but they will be released, so we have to do something.”

Rep. Mari Leavitt, D-Lakewood, spoke in support of the bill during Monday’s floor debate in the House.

“This is an important bill to ensure we’re using existing technology to keep our communities safe,” she said.

HB 1457 has been referred to the Senate Law & Justice Committee.

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