(1)
Communication with the department.
(a) If the SCC CEO endorses the resident's
request to petition the court for conditional release to either a secure
community transition facility or other type of less restrictive alternative,
the CEO (as the secretary's designee) must formally authorize the resident, in
writing, to petition the court for a less restrictive alternative hearing in
accordance with
RCW
71.09.090.
(b) Once the CEO has made a decision to
support a resident's request to petition the court, the CEO must notify
forensic services of that decision. SCC staff will communicate discharge and
release matters to the resident, their attorney, to external stakeholders
which, among others, must include the state attorney general's criminal justice
division's sexually violent predator unit, and the King County prosecuting
attorney's sexually violent predator unit, and organize the necessary
activities in support of that discharge or conditional release.
(2)
Responsibility to
communicate court related activities.
(a) It is not the SCC's responsibility to
petition the court for a resident to be conditionally released or
discharged.
(b) When the court
orders a resident to be conditionally released to a less restrictive
alternative, SCC must:
(i) Manage the release
process, including community notification to the appropriate law enforcement
agency at least 30 days prior to the resident's release to the court-approved
LRA.
(ii) Keep internal SCC
stakeholders apprised of the status of the case.
(iii) Coordinate the transition with the:
(A) DOC end of sentence review committee
program manager;
(B) Assigned DOC
community correctional specialist, if applicable;
(C) Court-approved certified sex offender
treatment provider, if applicable;
(D) Appropriate SCTF manager, if applicable;
and
(E) Other court-approved
providers or persons for the resident's court-approved living
setting.
(iv) The
coordination will address civil commitment issues, community safety, and the
court-ordered conditions of release.
(3)
When the secretary or designee
objects to a pending release.
When the secretary or designee objects to a pending release
under RCW
71.09.090, before the scheduled less
restrictive alternative court hearing or following the hearing such as in the
case of newly discovered information, that objection must be presented to the
court in writing and signed by the secretary or designee.
(4)
When a less restrictive alternative
placement is approved by the court.
When a resident from SCC or a resident already conditionally
released is approved to transfer to a less restrictive alternative placement,
that placement will occur within 30 days following the day the court approves
that placement but not before the department of corrections files their
investigation or the court orders release to a specific placement, whichever
occurs first. This 30 day period will allow SCC to fulfill its law enforcement
notification obligations under
RCW
9A.44.130 and the affected county sheriff to
fulfill their public notification obligations under
RCW
4.24.550.
(5)
When a resident is unconditionally
released by the court. When a resident of the SCC total confinement
facility or a secure community transition facility is determined by the court
to no longer meet the criteria of a sexually violent predator under chapter
71.09 RCW, and the court orders that the resident be unconditionally released,
SCC must release the person within 24 hours of the court's decision.
(6)
When a resident or attorney
proposes a different less restrictive alternative placement.
(a) When a resident or attorney proposes a
different less restrictive alternative placement other than what SCC recommends
or supports, the resident or the attorney must bear the responsibility to
locate and identify that alternative.
(b) The department may not reimburse
attorneys or other parties for assisting residents in finding a different less
restrictive alternative placement unless otherwise ordered by the commitment
court for good cause.
