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Sex offender housing: How recent WA laws have changed the process

Feb 24, 2023, 3:52 PM | Updated: Apr 13, 2023, 9:59 am

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Washington State Capitol Building (成人X站 7)

(成人X站 7)

Why are violent sex offenders being relocated to local neighborhoods, often without widespread notification to those living there? 成人X站 Newsradio鈥檚 Kate Stone’s three-part series investigates how this growing issue is being handled across Washington state.

Read Part I:Why sexually violent predators are being housed in local communities

Concern and outrage are spreading in some local communities, which are now becoming homes for sexually violent predators. In Washington state, these offenders have a constitutional right to be released back into society after their prison sentences and civil commitment is completed, and they are judged by a court to no longer be a danger to the community.

While this process has been in place for decades, some residents in Enumclaw and Tenino have recently made their voices heard, opposing the placement of sexually violent predators in their neighborhoods. These offenders are living in less restrictive housing alternatives (LRA) with minimal security.

The concern over this practice, while not new, is getting the attention of elected officials on both the state and local level.听At least five bills were introduced in this year鈥檚 legislative session regarding sex offender housing and how to better regulate it. It’s also forced greater scrutiny on the current laws, including some recent changes that have had a major impact, especially in rural communities.

A recent change to LRA law in Washington

A听听passed in the 2021 state legislative session that amended the state law related to the housing of violent sex offenders. Most notably,听听created a 鈥渇air share鈥 principle for housing, designed to ensure one county would not absorb a disproportionate amount of sex offenders. At the time, state Senator Christine Rolfes (D-Bainbridge Island)听听it would allow 鈥減eople who are potentially dangerous, but not necessarily dangerous, back into communities where they can live safely and with their constitutional liberties protected.鈥

But the 鈥渇air share鈥 principle created complications and confusion, as some question why a sex offender from another county is being released to less restrictive housing alternatives (LRA) near their homes. The state must first look for housing inside the county where they committed their crime.

鈥淭he Department of Social and Health Services (DHSH) is in charge of finding those locations, creating options for the resident and the court to choose from,鈥 DSHS spokesperson Tyler听Hemstreet said. But he said, ultimately, the offender and their defense team can develop an LRA plan anywhere housing exists in Washington, as long as the court approves it.

鈥淭he court does not have to abide by the fair share principle,鈥 Hemstreet continued. 鈥淭he resident’s defense team does not have to abide by the fair share principle.鈥

That was the case with Level 3 offender Stevan Knapp, who was first convicted of violent sex crimes in 1983 and has been civilly committed since 1999. Before being granted a conditional release, Knapp听was living in the Secure Community Transition Facility (SCTF) in Pierce County and was set to move into a community-based LRA in Tacoma, according to the court order. Knapp鈥檚 crimes occurred in King County, but because his defense team developed the LRA plan, 鈥渇air share鈥 does not apply, according to DSHS. However, before his release, Knapp鈥檚 defense team requested relocation to a home in Enumclaw that was purchased by a couple in 2022 and later approved as an LRA. The court signed off on the change, and Knapp moved into that home听on Jan. 18. He is currently the only resident.

Plan to house sex offenders in Tenino on pause amid public outcry

Lack of clarity with LRA laws?

The current laws governing LRAs have drawn confusion and some criticism, even from those most closely tied to the issue. Notably, DSHS Deputy Asst. Secretary Sjan Talbot expressed concerns during initial hearings on Senate Bill 5163 in 2021. She said it didn鈥檛 address how local jurisdictions would need to work to create resources necessary to provide housing in communities that don鈥檛 currently have it. She said the agency needed counties to partner with the state, and the bill did not require it.

Those concerns appear to be playing out. While the restrictions for sexually violent predators in LRAs are extensive and overseen by the Department of Corrections (DOC) and DSHS, the regulations around where LRAs can be located 鈥 and who can run them 鈥 are much less clear, especially after the passage of SB 5163.

According to Hemstreet, an LRA must 鈥渂e up to code and safe for a resident to live in.鈥澨齛lso outlines other general conditions, including that LRA providers are required to report any violations of the court order, even minor ones.

Beyond that, the guidelines surrounding LRAs are vague, including what types of monitoring or security each one must have.

鈥淒ifferent residents require different levels of supervision when they discharge to an LRA. Some houses have cameras. Some have听24/7 staff there. Other houses have no cameras,鈥 Hemstreet said. 鈥淭he question for DSHS is: 鈥楥an conditions be imposed on that LRA that will protect the community?鈥欌

That question is triggering serious concerns in communities like Tenino.

鈥淚f [sexually violent predators] need to be somewhere, have a secure home, have the appropriate resources, have the appropriate staffing,鈥 said Tenino resident Sarah Fox,听who is leading a community effort against the Supreme Living facility.

Thurston County Sheriff Derek Sanders has also questioned how quickly law enforcement would be able to respond to such a rural area if an incident were to occur.

The same question was raised in Enumclaw. 鈥淚n these staffed houses, like the one in Tenino, what kind of training does this staff have?鈥 one woman asked officials on the panel. 鈥淎nd can we have that?鈥

Those types of decisions are up to the courts, according to Hemstreet, unless lawmakers enact new legislation to regulate LRAs. And as of now, no state law dictates staffing nor mandates that a provider has a license or special training to operate an LRA. However, DSHS says certain kinds of criminal history will disqualify potential housing providers, including felony convictions.

A 2020听听sponsored by Rolfes would have placed restrictions on what kinds of residence settings would qualify as an LRA, but it did not pass. The 2021 state law did mandate an LRA must be 500 feet from a school or childcare facility. But a听听to legislators last year from the state Sex Offender Policy Board outlined potential problems with this, especially as it applies to the 鈥渇air share鈥 principle.

鈥淭he 500-foot rule allows any local resident nearby to block an LRA placement in their neighborhood by applying to be considered a daycare or 鈥榗hildcare facility,鈥欌 the report read. 鈥淭he 500-foot rule and zoning restrictions make it nearly impossible to place LRA housing in more urban areas, such as Seattle and other cities. This makes it less likely to place people in counties with a higher population density.鈥

In addition, the board cited research that indicated a blanket 500-foot restriction did not increase safety and 鈥渃an increase a false sense of safety.鈥

Another issue with the LRA system involves contracts. Of the 26 current community-based LRAs, only four have a contract with the state.

McNeil Island Special Commitment Center CEO Keith Devos said there鈥檚 confusion surrounding the purpose of contracts. He stated he鈥檚 heard from people who believe 鈥渃ontracts equate to SCC releasing residents into the community. And so I want to let everyone know contracts do not do that.鈥 Rather, 鈥渢he contract actually provides us a higher level of oversight and quality assurance and allows us to require deliverables, allowing us to get into the home more often. The non-contracted homes鈥 our relationship with those providers is through the court order.鈥

Hemstreet also claimed the advantages of the contract include 鈥渁 rate that DSHS negotiates with contracted providers [which] is less expensive than if the resident鈥檚 defense produces the LRA plan.鈥

Suits: 鈥業 would be P-O鈥檇鈥 if sex offender house was in my neighborhood

In the state contract with Garden House in Enumclaw, there is a set rate the state pays to house each offender. In addition, the provider is required to, among other things, submit a monthly progress report for each resident. These conditions are not in place for a non-contracted LRA.

According to Hemstreet, the DSHS has only enacted these types of contracts with providers since 2021, when the state law was passed. As such, the difference between contracted and non-contracted LRAs, including quality of care and level of oversight by state agencies, remains unclear.

Read Part III: Enumclaw, Tenino residents concerned over sex offender housing

This article is Part II of a three-part investigative series regarding sex offender housing in local communities across Washington. We will be releasing Part III tomorrow.

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Sex offender housing: How recent WA laws have changed the process