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765 Amend Yelm Zoning CodeORDINANCE NO. 765 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING the Yelm Zoning Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Adoption: In accordance with the requirements of Chapter 37.70A Revised Code of Washington, the Yelm City Council does hereby adopt the amended Yelm Zoning Code as it relates to Special Uses, Chapter 17.66 YMC. Section 2. Findings of Fact. A. The Special Commitment Center (SCC), located on McNeil Island, is a total confinement facility designed to provide long-term rehabilitative treatment for certain sexual offenders. The program, operated by the Department of Social and Health Services (DSHS), is housed within the secure perimeter of the McNeil Island Corrections Center. Although the program operates within the confines of a correctional facility, it is not a prison or criminal justice program. It is a specialized mental health treatment program. B. Sex offenders who have completed their criminal sentences, but are found by state superior courts to meet the definition of "sexually violent predator" under chapter 71.09 RCW, may be civilly committed to the SCC for care, control, and custody. They remain in the total confinement program receiving ongoing treatment until the court determines that they are ready for placement in a less restrictive community supervised living arrangement. C. A less restrictive alternative (LRA) placement is defined in the state law as a living arrangement that is less restrictive than total confinement. An LRA placement may be in a residential facility program operated or contracted by the Department of Social and Health Services or in the person's own home in the community. D. "Secure community transition facility" (SCTF) is the statutory name for a LRA residential facility program operated or contracted by DSHS. 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. E. As required by state law, individuals who have been determined by the courts to be ready for conditional release have the right to live in settings that are less restrictive than total confinement. The civil commitment program must meet the standard of "constitutionally adequate mental health treatment." This means that residents who are ready for conditional release must have an opportunity for a less restrictive placement. Many SCC residents do not have the personal or family resources necessary to provide the level of support and supervision required for successful conditional release. In August 1991, a civil rights complaint was filed in federal court alleging violations of the constitutional rights of SCC residents. In 1994, the Federal District Court entered an order and injunction requiring the SCC to provide the residents with "constitutionally adequate mental health treatment." The court also found that the lack of less restrictive alternative housing options was a significant issue and ordered the state to "[make] arrangements...forthe community transition of qualified residents, under supervision, when they are ready for a less restrictive alternative." The court has continued the accrual of the contempt sanctions until the state has established LRA facilities on the mainland. F. Two laws have been passed that address the siting of secure community transition facilities. In June 2001, the state enacted 3ESSB 6151 (Chapter 12, Laws of 2001, E2). This law provides direction to DSHS and local governments in the planning and siting of secure community transition facilities. The law requires counties and cities that are fully planning under the Growth Management Act (GMA) to include a process in their comprehensive plans and development regulations to provide for the siting of SCTFs. Counties and cities not fully planning under GMA also must establish a planning process and amend their development regulations, as needed, to provide for siting SCTFs. The statute provides specific siting requirements and community safety standards that DSHS and local governments must follow. In March 2002, ESSB 6594 (Chapter 68, Laws of 2002) was enacted. This legislation amended some of the siting criteria enacted in the previous legislation and addressed several other issues that are relevant to the role of cities and counties in the SCTF planning and siting process. The requirement to site facilities in areas in which it is possible to "endeavor to achieve an average law enforcement emergency response time of five minutes" was deleted from the law. ESSB 6594 provides cities and counties with immunity from causes of action for civil damages related to the siting of SCTFs. Cities and counties and their law enforcement personnel are also granted immunity from causes of action for civil damages if law enforcement personnel make reasonable and good faith efforts to respond to emergencies involving SCTF residents. G. Under RCW 36.70A.200, no local comprehensive plan or development regulation may preclude the siting of essential public facilities, including SCTFs. H. The proposed amendments categorize secure community transition facilities as a special use and provide siting criteria and development regulations in Chapter 17.66, Special Uses. Secure community transition facilities will be allowed in the industrial district. Site specific locations within the industrial district will have to meet criteria and standards in the following categories: allocation of facilities, occupancy, separation from other uses, and staffing and security. The amendment includes a definition for "Less restrictive alternative housing", and "Secure Community Transition Facility", creates guidance for the placement, and a process for application and public awareness for a proposed facility. Section 3. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected. Section 4. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and,~ublication as provided by law. Passed ah~ a~optecthe Yelm City Council on this 24th Day of July, 2002. Adam ~tivas, Mayor AUTHENTICATED: -) i1~ s ~~~ _ A P. Bennick, City Clerk PASSED and APPROVED: July 24, 2002 PUBLISHED: Nisqually Valley News, August 2, 2002