Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of social and health
services.
(2) "Health care facility" means any hospital, hospice care
center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46 RCW,
federally qualified health maintenance organization, federally
approved renal dialysis center or facility, or federally approved
blood bank.
(3) "Health care practitioner" means an individual or firm
licensed or certified to engage actively in a regulated health
profession.
(4) "Health care services" means those services provided by
health professionals licensed pursuant to RCW 18.120.020(4).
(5) "Health profession" means those licensed or regulated
professions set forth in RCW 18.120.020(4).
(6) "Less restrictive alternative" means court-ordered
treatment in a setting less restrictive than total confinement
which satisfies the conditions set forth in RCW 71.09.092. A
less restrictive alternative may not include placement in the
community protection program as pursuant to RCW 71A.12.230.
(7) "Likely to engage in predatory acts of sexual violence
if not confined in a secure facility" means that the person more
probably than not will engage in such acts if released
unconditionally from detention on the sexually violent predator
petition. Such likelihood must be evidenced by a recent overt
act if the person is not totally confined at the time the
petition is filed under RCW 71.09.030.
(8) "Mental abnormality" means a congenital or acquired
condition affecting the emotional or volitional capacity which
predisposes the person to the commission of criminal sexual acts
in a degree constituting such person a menace to the health and
safety of others.
(9) "Predatory" means acts directed towards: (a) Strangers;
(b) individuals with whom a relationship has been established or
promoted for the primary purpose of victimization; or (c) persons
of casual acquaintance with whom no substantial personal
relationship exists.
(10) "Recent overt act" means any act or threat that has
either caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm in the mind of an objective
person who knows of the history and mental condition of the
person engaging in the act.
(11) "Risk potential activity" or "risk potential facility"
means an activity or facility that provides a higher incidence of
risk to the public from persons conditionally released from the
special commitment center. Risk potential activities and
facilities include: Public and private schools, school bus
stops, licensed day care and licensed preschool facilities,
public parks, publicly dedicated trails, sports fields,
playgrounds, recreational and community centers, churches,
synagogues, temples, mosques, public libraries, public and
private youth camps, and others identified by the department
following the hearings on a potential site required in RCW 71.09.315. For purposes of this chapter, "school bus stops" does
not include bus stops established primarily for public transit.
(12) "Secretary" means the secretary of social and health
services or the secretary's designee.
(13) "Secure facility" means a residential facility for
persons civilly confined under the provisions of this chapter
that includes security measures sufficient to protect the
community. Such facilities include total confinement facilities,
secure community transition facilities, and any residence used as
a court-ordered placement under RCW 71.09.096.
(14) "Secure community transition facility" means a
residential facility for persons civilly committed and
conditionally released to a less restrictive alternative under
this chapter. A secure community transition facility has
supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community
transition facilities include but are not limited to the facility
established pursuant to RCW 71.09.250(1)(a)(i) and any
community-based facilities established under this chapter and
operated by the secretary or under contract with the secretary.
(15) "Sexually violent offense" means an act committed on,
before, or after July 1, 1990, that is: (a) An act defined in
Title 9A RCW as rape in the first degree, rape in the second
degree by forcible compulsion, rape of a child in the first or
second degree, statutory rape in the first or second degree,
indecent liberties by forcible compulsion, indecent liberties
against a child under age fourteen, incest against a child under
age fourteen, or child molestation in the first or second degree;
(b) a felony offense in effect at any time prior to July 1, 1990,
that is comparable to a sexually violent offense as defined in
(a) of this subsection, or any federal or out-of-state conviction
for a felony offense that under the laws of this state would be a
sexually violent offense as defined in this subsection; (c) an
act of murder in the first or second degree, assault in the first
or second degree, assault of a child in the first or second
degree, kidnapping in the first or second degree, burglary in the
first degree, residential burglary, or unlawful imprisonment,
which act, either at the time of sentencing for the offense or
subsequently during civil commitment proceedings pursuant to this
chapter, has been determined beyond a reasonable doubt to have
been sexually motivated, as that term is defined in RCW 9.94A.030; or (d) an act as described in chapter 9A.28 RCW, that
is an attempt, criminal solicitation, or criminal conspiracy to
commit one of the felonies designated in (a), (b), or (c) of this
subsection.
(16) "Sexually violent predator" means any person who has
been convicted of or charged with a crime of sexual violence and
who suffers from a mental abnormality or personality disorder
which makes the person likely to engage in predatory acts of
sexual violence if not confined in a secure facility.
(17) "Total confinement facility" means a secure facility
that provides supervision and sex offender treatment services in
a total confinement setting. Total confinement facilities
include the special commitment center and any similar facility
designated as a total confinement facility by the secretary.
[2006 c 303 § 10. Prior: 2003 c 216 § 2; 2003 c 50 § 1; 2002 c 68 § 4; 2002 c 58 § 2; 2001 2nd sp.s. c 12 § 102; 2001 c 286 § 4; 1995 c 216 § 1; 1992 c 145 § 17; 1990 1st ex.s. c 12 § 2; 1990 c 3 § 1002.]
NOTES:
Severability -- Effective date -- 2003 c 216: See notes following RCW 71.09.300.
Application -- 2003 c 50: "This act applies prospectively only and not retroactively and does not apply to development regulations adopted or amended prior to April 17, 2003." [2003 c 50 § 3.]
Effective date -- 2003 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2003]." [2003 c 50 § 4.]
Purpose -- Severability -- Effective date -- 2002 c 68: See notes following RCW 36.70A.200.
Effective date -- 2002 c 58: See note following RCW 71.09.085.
Intent -- Severability -- Effective dates -- 2001 2nd sp.s. c 12: See notes following RCW 71.09.250.
Recommendations -- Application -- Effective date -- 2001 c 286: See notes following RCW 71.09.015.
Effective date -- 1990 1st ex.s. c 12: See note following RCW 13.40.020.