Community Protection Program

Community Protection Program (CPP)

The Community Protection Program (CPP) is intended to provide people who have been identified as a risk to the community with the opportunity to live safely in the community by providing specialized residential services and individualized skill-building along with a path to fewer restrictions and graduation from the program.

It is important to note that the program is not an alternative to jail or prison, as individuals may opt-out.

Community Protection Waiver 

The Community Protection (CP) Waiver offers therapeutic residential support for individuals assessed to require 24-hour, on-site staff supervision to ensure the safety of others. Participants voluntarily agree to follow the Community Protection guidelines. Individuals served are age 18 and older. If an individual’s assessed need for services exceeds services provided under the CP Waiver, the Developmental Disabilities Administration (DDA) will make one or more of the following efforts to meet health and welfare needs: 

• Identify more available natural supports; 
• Initiate an exception to the rule to access available non-waiver services not included in the CP waiver other than natural supports; 
• Provide the opportunity to apply for an alternative waiver with the services needed; 
• Offer placement in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID). 
• If none of the above options meet the health and welfare needs, DDA may terminate waiver eligibility. If terminated from a waiver, persons may still be eligible for other non-waiver DDA services. 

Eligibility 

Waiver eligibility recipients must meet all of the following criteria:

• Be an eligible client of DDA per RCW 71A.10.020(5). 
• Have a disability according to criteria established in the Social Security Act. 
• Apply for long-term care services/Medicaid and have verified income that does not exceed 300% of the SSI federal benefit standard. 
• Have resources less than $2,000 or be in the Apple Health for Workers with Disabilities (HWD) program. In the case of a child, the parent’s income and resources are not considered; for an adult living with a spouse, the spouse’s income and resources are not considered.
• Meets the level of care provided in an Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) as determined by the DDA assessment.
• A Person-Centered Service Plan (PCSP) shows how health, safety, and habilitation needs can be met in the community with a monthly waiver service and/or monthly monitoring.
• Agree to accept home and community-based services rather than an ICF/IID. 
• For Community Protection only, one must also: be age 18 or older and meet eligibility criteria in WAC 388-831-0030.

Who are individuals with community protection issues?

You are considered an individual with community protection issues if:

1. You have been determined to have a developmental disability as defined in WAC 388-823-0040 and RCW 71A.10.020(3); and
2. DDD has identified you as a person who meets one or more of the following:

(a) You have been charged with or convicted of a crime of sexual violence as defined in chapter 9A.44 or 71.09 RCW;

(b) You have been charged with or convicted of a crime involving sexual acts directed towards strangers or individuals with whom a relationship has been established or promoted for the primary purpose of victimization or persons of casual acquaintance with whom no substantial personal relationship exists;

(c) You have been charged with or convicted of one or more violent crimes as defined in RCW 9.94A.030(45);

(d) You have not been charged with or convicted of a crime identified in (2)(a), (b), or (c) above, but you have a history of violent, stalking, sexually violent, predatory, and/or opportunistic behavior which a qualified professional has determined demonstrates a likelihood to commit a violent, sexually violent and/or predatory act; and

(3) You constitute a current risk to others as determined by a qualified professional.

(4) Charges or crimes that result in an acquittal are excluded.

Risk Assessment

Individuals who receive Community Protection Program (CPP) services agree to comply with the specialized supports and restrictions described in [their] service plan. Participation in all DDA paid services is voluntary. The following assessment is taken directly from DDA’s “Community Protection Program Information Checklist and Risk Assessment Consent” form available here.

The Community Protection Program . . .

• Is a voluntary opportunity for program participants to live successfully in the community and stay out of jail, prison, or other criminal justice settings. It includes access to a wide array of services designed to promote independence and self-determination within personal and community safety limits.
• Offers a specialized environment in which program participants are supported to make positive choices to reduce behaviors requiring intensive intervention and supervision in a respectful setting of the client’s rights and is nonpunitive in nature.
• May include certain safeguards and restrictions which enhance the protection of others from behaviors that endanger people or property or interfere with the rights of others. Such measures could include but would not be limited to intensive supervision, door and/or window alarms, visual screening of windows and fence openings, and limited access to television programming, reading materials, videos, and the internet.
• May require you to engage in therapy to address individual issues as a condition of receiving certain services. The therapist will work collaboratively with the residential and employment providers to recommend appropriate supervision, support, and restrictions designed to reduce the likelihood of a person engaging in targeted behaviors both at home and in the community. Only the least restrictive interventions that effectively meet the goal of public safety may be used, and reductions to restrictive measures will be considered when appropriate.
• Involves collaboration and coordination (including sharing information about client’s Community Protection issues) between DDA staff, residential providers, employment providers, therapists, and other agencies or individuals, such as law enforcement, corrections officers, schools, and mental health workers.

Participants in the Community Protection Program . . .

• Are restricted from accessing other services available through DDA, such as non-CP residential supports, respite, and other services available through other DDA waivers.
• Are required to sign a Preplacement Agreement as a condition of receiving community protection program residential services.
• Have the right to decline services, though by doing so, you may lose existing services and be removed from DDA waiver services. If you are offered and refuse Community Protection residential services, you may only receive case management and Community First Choice (personal care) through DDA. Services offered through other administrations (such as Home and Community Services or Vocational Rehabilitation) may still be available to you.
• Have the right to an administrative hearing as specified in WAC 388-825-120 through WAC 388-825-165, including an emergency adjudicative proceeding as defined in RCW 34.05.479. You also have the right to retain current services during the appeal as specified in WAC 388-825-145 or WAC 388- 825-150.

Security Precautions

In the article, “No Way Out:” An Introduction to the Community Protection Program, the author writes, “The people that DDA identifies for this service must accept restrictions on their freedom of movement and privacy rights to receive skill-building and therapy services from DDA.”

In the Community Protection Program, individuals have access to a specialized environment with 24/7 on-site staff supervision. Supervision is further specified in the client’s treatment plan, which may specify the setting (home, work, community) and supervision levels in each setting, such as line-of-sight (within direct field of vision), arm’s length (within close proximity), auditory (within earshot), and use of alarms to alert staff to movement. Furthermore, the gender of the staff allowed in the home is determined by the client’s criminal history, and security precautions are put in place to enhance the protection of neighbors, children, vulnerable adults, animals, and others. These may include, but are not limited to, the following:

• Frosted windows
• Alarms and locks on doors and windows
• Random room checks
• Restricted TV, movie, and video game viewing
• Zero physical contact
• No public transportation and supervised use of public restrooms
• Required approval to access personal funds
• Sanitation of magazines, CDs, newspapers, and books
• The materials are checked for content related to the client’s “target population,” i.e., the population in which they previously harmed and are at risk of reoffending. The target population is often based on factors such as gender, age, race, and intellectual ability.

To learn more about the Community Protection Program (CPP), check out DDA’s brochure here!

Sources

STANDARDS FOR COMMUNITY PROTECTION RESIDENTIAL SERVICES

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