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SUBJECTS › PLANNING › Siting of Secure Community Transition Facilities
Updated 09/02
Siting of Secure Community Transition Facilities

Siting of Secure Community Transition Facilities

Contents

Statutory Requirement

In 2001 (ESB 6151, Chapter 12, Laws of 2001, 2nd Spec. Sess.) and in 2002 (ESSB 6594, Chapter 68, Laws of 2002), the Growth Management Act was amended to require that cities and counties establish a process and adopt regulations for the siting of secure community transition facilities (SCTFs). SCTFs are considered "essential public facilities," and local comprehensive plans or development regulations may not preclude the siting of "essential public facilities."

About Siting Secure Community Transition Facilities

What is a Secure Community Transition Facility? A "secure community transition facility" (SCTF) is the statutory name for a less restrictive alternative residential facility program operated or contracted by the Department of Social and Health Services. As stated in RCW 71.09.020, "…a secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services." The program offers 24-hour intensive staffing and line-of-sight supervision by trained escorts when residents leave the facility. A less restrictive alternative (LRA) placement is defined in the state law as a living arrangement that is less restrictive than total confinement. From DSHS Frequently Asked Questions

September 1, 2002 Deadline. As a result of the 2002 amendments, RCW 36.70A.200 sets a deadline of September 1, 2002 for establishing a process and adopting regulations for the siting of SCTFs. This deadline applies to all cities and counties whether or not they are fully planning under the Growth Management Act. This deadline is different from the dates for updating comprehensive plans to comply with new critical areas and other growth management requirements.

Six County Preemption. Although there are no fiscal penalties for failing to complete the mandated planning, six counties and their cities are subject to preemption by the state: Clark, King, Kitsap, Snohomish, Spokane, and Thurston counties and their cities. These six counties and Pierce County have at least five residents in the Special Commitment Center for sexual offenders at McNeil Island Corrections Center. However, Pierce County is exempt from the preemption requirement because it is the site of a 24-bed SCTF on McNeil Island. If DSHS decides to site a SCTF in any of the preempted jurisdictions, the department will consult with the local government and attempt to follow local procedures and practices.

If a jurisdiction within Clark, King, Kitsap, Snohomish, Spokane or Thurston counties fails to comply with the September 1, 2002 deadline for establishing siting regulations for SCTFs, as of October 1, 2002, the state can pre-empt and supersede local development regulations in order to site, construct, and plan SCTFs.

Other Provisions. The new law also provides that no person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of SCTFs. The law also amends the siting criteria for SCTFs, and a recommended average law enforcement response time not greater than five minutes has been eliminated from the siting guidelines. State regulations recommend that local governments take a cooperative, inter-jurisdictional approach in planning for essential public facilities of a countywide, regional, or statewide nature that are difficult to site.

Information Sources. There is no model ordinance available for the siting of SCTFs. Sample ordinances are available on this Web page or may be requested from the MRSC library. Some jurisdictions have chosen to be subject to state preemption rather than adopting a local ordinance regulating SCTFs. For further information on siting of SCTFs, see the Washington State DSHS Special Commitment Center Web page

State Siting Criteria and FAQs

  • County SCTF Siting Requirements (Microsoft Word Document27 KB) - A summary of key statutory requirements for counties to site SCTFs, Washington State Department of Social and Health Services
  • SCTF Preemption Provisions (Microsoft Word Document61 KB) - A letter from DSHS Secretary Dennis Braddock to local government officials explaining the provisions in the SCTF law that permit the state to preempt restrictive local planning requirements
  • Frequently Asked Questions (Microsoft Word Document101 KB) - Answers to Questions about the DSHS Special Commitment Center and Requirements for Siting Secure Community Transition Facilities, DSHS
  • SCTF Index (Microsoft Word Document55 KB) - An index of key statutory provisions for siting and operating SCTF facilities.

Sample Ordinances

The following are offered as samples rather than models and have not been reviewed for compliance with siting requirements. Since the siting of Secure Community Transition Facilities is a very sensitive topic, MRSC recommends that you work closely with your city or town attorney or county prosecuting attorney before incorporating these provisions into your own regulations

King County

Snohomish County

Spokane County

Thurston County

Walla Walla County (County Not Preempted by State)

  • Walla Walla Ordinance No. 2000-38 - Interim Zoning Ordinance for Less Restrictive Alternate (LRA) Housing Units, 12-00

Other Reference Sources