In a recent revelation by The Post Millennial, it was reported that Washington state was considering loosening restrictions on sex offenders.
This claim was swiftly denied by state officials. However, newly obtained documents suggest that not only were the officials working on easing these restrictions, but they were also dishonest in their denial.
The Center Square, having gained access to these documents, found that the recommendations were included in the 2022 report to the State Legislature. One county even accused officials of attempting to eliminate the requirement for public notice and public comment before allowing less restrictive facilities for violent sex offenders to be established in residential areas.
The report, prepared by the Sex Offender Policy Board (SOPB), suggested that the Legislature remove sections of a statute referring to Less Restrictive Alternatives (LRA). These sections include "applicable state and local zoning and building codes" and "other considerations identified in accordance with RCW 71.09.315." Currently, these facilities are required to adhere to state law, which includes public notice and a public hearing for any special use or conditional permits for these facilities.
LRAs, which have been advocated for by Democrats in the state, are intended to serve as housing for level 3 sex offenders. These individuals are considered the most dangerous and most likely to re-offend. Instead of confinement at the Special Commitment Center on McNeil Island, these offenders would be housed in community housing operated by a Department of Social and Health Services provider.
In a letter to SOPB Chair Brad Meryhew, the Thurston County Board of Commissioners expressed their concern that the recommendation "strips citizens of their right to be informed, and the rights of local governments to be involved in the placement and siting process." They further stated that this would allow the Department of Social and Health Services (DSHS) and the Department of Corrections (DOC) to place Sexually Violent Predators (SVPs) in communities without providing education and the opportunity for citizens to ask questions in a collaborative forum.
The county also pointed out that no local government association was part of the SOPB subcommittee that drafted the recommendation. They argued that "these recommendations are a passive attempt at removing county, city, and community involvement from the process and allows the state to circumvent zoning and building protections."
In addition to these changes, the SOPB report recommended removing state requirements that prohibit LRAs from being located within 500 feet of daycare facilities and K-12 schools. The county argued that this requirement "adds an extra layer of comfort for those within the community."
The SOPB report also claimed that the 500-foot rule and other zoning restrictions undermine the concept of "fair share principles of release." This principle, put in place by Democrats, requires counties in the state to take a number of predators under conditional release proportional to the number of residents from that county who are imprisoned. The SOPB argued in the report that these 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."
Earlier this year, residents of Tenino in Thurston County discovered that a privately-run LRA would be located in their neighborhood. They criticized officials for not informing them and not adhering to zoning requirements for the facility. The county blamed DSHS for not notifying the public, while DSHS argued that because the facility was privately run, it was not subject to the same regulations as agency-managed LRAs.
According to The Center Square, a new SOPB report to the Legislature was discussed at its June 1 meeting, but it has not yet been posted on its website.
In response to a letter from the Thurston County Board of Commissioners, Meryhew wrote on June 2 that "it has been referred to the SOPB full board members and distributed widely to our 5163 Implementation Subcommittee and stakeholders, and will be discussed at our future board meeting(s)."
In September, The Post Millennial reported that the SOPB was considering easing restrictions and sentence guidelines for sex offenders. They claimed that "these laws actually undermine public safety, the exact opposite of what lawmakers and the public so confidently assume they accomplish."
This news followed community backlash against Washington Democrats, including Governor Jay Inslee and Attorney General Bob Ferguson, for releasing level 3 sex offenders to other halfway houses in unsuspecting neighborhoods.
Adding to the concern was that at the end of the last legislative session, Inslee vetoed a provision that would have informed neighbors if such an individual was to be placed in their community.
In response to the fallout, Brad Meryhew, chair of the Washington State Sex Offender Policy Board, who has defended sex offenders on his website, told The Center Square, "support for community notification on our board is unanimous. I would not support a proposal to eliminate community notification." He also claimed that the documents that revealed the plan were routine research "as sort of part of our ongoing work."
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