SUBSTITUTE SENATE BILL 5361
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Children & Family Services (originally sponsored by Senators Talmadge, L. Smith and Stratton).
Read first time February 22, 1991.
AN ACT Relating to child protection; amending RCW 13.34.020, 13.34.030, 13.34.060, 26.44.020, and 43.43.760; reenacting and amending RCW 43.43.735; adding new sections to chapter 36.27 RCW; adding a new section to chapter 26.44 RCW; adding a new section to chapter 43.43 RCW; adding a new section to chapter 10.98 RCW; creating new sections; and making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the intent of the legislature to safeguard children in situations where there is a reasonable basis for believing the potential for physical or sexual abuse exists. In an effort to prevent the possibility of abuse, a person who has been accused of physically or sexually abusing a child should be restrained from exercising visitation rights with a minor child if a law enforcement officer who is conducting an investigation of the alleged abuse requests a temporary restraining order from the court. The safety of all children is enhanced when sexual assault cases are properly investigated and prosecuted. Specialized training in the investigation and prosecution of sexual assault cases, with an emphasis on child victims, is needed as well as the creation of a sexual assault prosecution assistance program.
Due to a lack of rehabilitative knowledge and services, there is a significant likelihood that a person who has been convicted of physical or sexual abuse of a child will reoffend. The department of corrections should be required to advise the department of social and health services of the release and conditions of release of an offender who has been convicted of certain crimes involving child victims. In employment positions where services are provided to children, developmentally disabled persons, and vulnerable adults, a background check, including a check of military records, is necessary to determine the person's suitability for employment. In order to deter prospective abuse, a child should be removed immediately from the care of a parent or guardian who has been convicted of crimes against children or other persons as defined in the law and a dependency proceeding should be commenced.
NEW SECTION. Sec. 101. FINDINGS. The legislature finds that sexual assault cases, particularly those in which children are victimized, are difficult to prosecute successfully. To prosecute such cases successfully requires that the prosecutors and investigators have a high degree of training and skill in handling sexual assaults. The legislature further finds that in the less populated areas of the state, it is difficult for local prosecutors and law enforcement agencies to obtain the needed specialization to handle these cases. Therefore, the legislature intends to establish a mechanism to provide the training and special investigators to more effectively prosecute these cases.
NEW SECTION. Sec. 102. TRAINING FOR INVESTIGATING AND PROSECUTING. (1) Each year the criminal justice training commission shall offer an intensive, week-long training session on investigating and prosecuting sexual assault cases for up to twenty prosecuting attorneys, deputy prosecuting attorneys, and law enforcement officers. The training shall place particular emphasis on the investigation and prosecution of sexual assault cases involving child victims.
(2) The commission shall seek advice from the Washington association of prosecuting attorneys and the Washington coalition of sexual assault programs in planning the curriculum and recruiting faculty for this program.
NEW SECTION. Sec. 103. SEXUAL ASSAULT PROSECUTION ASSISTANCE PROGRAM. (1) There is created in the department of community development the sexual assault prosecution assistance program to assist county prosecuting attorneys in the investigation and prosecution of sexual assault and child abuse cases, primarily for those cases involving child victims. The department of community development shall contract with the Washington state association of prosecuting attorneys to employ a project coordinator and no more than ten project investigators. The project coordinator shall supervise the development of training for the investigators and their assignments to individual prosecuting attorneys in counties or regions consisting of two or more counties where law enforcement officers who specialize in investigation of child sexual abuse cases are not readily available.
(2) The investigators shall be under the general supervision of the project coordinator and shall be specially trained in investigating sexual assault cases, with primary focus on those cases involving child victims. The prosecuting attorney shall be responsible for the daily supervision of the investigators and may agree to make the investigator available for investigations on a regional basis and may be made available to child protective services, if requested.
NEW SECTION. Sec. 104. SEXUAL ASSAULT COMMITTEE. A state-wide committee on sexual assault is established to evaluate the success of the project in section 103 of this act and to provide technical assistance to the criminal justice training commission in the development and evaluation of training required by this chapter for prosecutors and their deputies, investigators, and uniformed law enforcement agency investigators. The committee shall be comprised of three prosecuting attorneys, a representative of the Washington association of sheriffs and police chiefs, two representatives of the Washington coalition of sexual assault programs, one representative of the office of the attorney general, one representative of the department of social and health services, and one representative of a victims of sexual assault group. The project coordinator shall serve as chair of the committee and may invite citizen organizations and other state agencies to provide assistance and advice to the committee.
NEW SECTION. Sec. 105. LEGAL ADVOCATES. The department of social and health services shall provide up to one legal advocate per sexual assault program that qualifies for funding under the victims of sexual assault fund. The legal advocates shall have completed a training program to be designed and administered by the department of social and health services in conjunction with the Washington association of prosecuting attorneys and the Washington coalition of sexual assault programs.
NEW SECTION. Sec. 106. Sections 102 through 105 of this act are each added to chapter 36.27 RCW.
NEW SECTION. Sec. 201. A new section is added to chapter 26.44 RCW to read as follows:
RESTRAINED VISITATION RIGHTS. (1) If a person who has unsupervised visitation rights with a minor child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported to the proper authorities for investigation, the law enforcement officer conducting the investigation may file a motion with the court for a temporary restraining order to restrain the alleged abuser's visitation rights during the investigation. The investigating law enforcement officer shall submit an affidavit stating that the person is currently under investigation for sexual or physical abuse of a child and that the prosecuting attorney does not have enough information at the time to determine whether prosecution is warranted. The restraining order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser, whichever is shorter.
(2) Willful violation of a court order entered under this section is a misdemeanor. The court order shall state: "Violation of this order is a criminal offense under chapter 26.44 RCW and will subject the violator to arrest."
Sec. 301. RCW 13.34.020 and 1990 c 284 s 31 are each amended to read as follows:
The legislature declares that the family unit is a fundamental resource of American life which should be nurtured. Toward the continuance of this principle, the legislature declares that the family unit should remain intact unless a child's right to conditions of basic nurture, health, or safety is jeopardized. When the rights of basic nurture, physical and mental health, and safety of the child and the legal rights of the parents are in conflict, the rights and safety of the child should prevail. If a child is in the care of a parent or guardian who has been convicted of a gross misdemeanor or greater against a child, the department shall request a pick-up order immediately, place the child in shelter care, and initiate a dependency proceeding without delay. The right of a child to basic nurturing includes the right to a safe, stable, and permanent home and a speedy resolution of any proceeding under this chapter.
Sec. 302. RCW 13.34.030 and 1988 c 176 s 901 are each amended to read as follows:
For purposes of this chapter:
(1) "Child" and "juvenile" means any individual under the age of eighteen years;
(2) "Dependent child" means any child:
(a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has evidenced either by statement or conduct, a settled intent to forego, for an extended period, all parental rights or all parental responsibilities despite an ability to do so;
(b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;
(c) Whose parent, guardian, or custodian by past acts or omissions demonstrated a serious disregard for the health, safety, or welfare of a child;
(d) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or
(e) Who has a developmental disability, as defined in RCW 71A.10.020 and
whose parent, guardian, or legal custodian together with the department
determines that services appropriate to the child's needs can not be provided
in the home. However, (a), (b), and (( (c))) (d) of this
subsection may still be applied if other reasons for removal of the child from
the home exist.
Sec. 303. RCW 13.34.060 and 1990 c 246 s 1 are each amended to read as follows:
(1) A child taken into custody pursuant to RCW 13.34.050 or 26.44.050 shall be immediately placed in shelter care. A child taken by a relative of the child in violation of RCW 9A.40.060 or 9A.40.070 shall be placed in shelter care only when permitted under RCW 13.34.055. "Shelter care" means temporary physical care in a facility licensed pursuant to RCW 74.15.030 or in a home not required to be licensed pursuant to that section. Whenever a child is taken into such custody pursuant to this section, the supervising agency may authorize evaluations of the child's physical or emotional condition, routine medical and dental examination and care, and all necessary emergency care. In no case may a child who is taken into custody pursuant to RCW 13.34.055, 13.34.050, or 26.44.050 be detained in a secure detention facility. No child may be held longer than seventy-two hours, excluding Saturdays, Sundays and holidays, after such child is taken into custody unless a court order has been entered for continued shelter care. The child and his or her parent, guardian, or custodian shall be informed that they have a right to a shelter care hearing. The court shall hold a shelter care hearing within seventy-two hours after the child is taken into custody, excluding Saturdays, Sundays, and holidays. If a parent, guardian, or legal custodian desires to waive the shelter care hearing, the court shall determine, on the record and with the parties present, that such waiver is knowing and voluntary.
(2) Whenever a child is taken into custody by child protective services pursuant to a court order issued under RCW 13.34.050 or when child protective services is notified that a child has been taken into custody pursuant to RCW 26.44.050 or 26.44.056, child protective services shall make reasonable efforts to inform the parents, guardian, or legal custodian of the fact that the child has been taken into custody, the reasons why the child was taken into custody, and their legal rights under this title as soon as possible and in no event longer than twenty-four hours after the child has been taken into custody or twenty-four hours after child protective services has been notified that the child has been taken into custody. The notice of custody and rights may be given by any means reasonably certain of notifying the parents including, but not limited to, written, telephone, or in person oral notification. If the initial notification is provided by a means other than writing, child protective services shall make reasonable efforts to also provide written notification.
The written notice of custody and rights shall be in substantially the following form:
Your child has been placed in temporary custody under the supervision of Child Protective Services (or other person or agency). You have important legal rights and you must take steps to protect your interests.
1. A court hearing will be held before a judge within 72 hours of the time your child is taken into custody. You should call the court at ...(insert appropriate phone number here)... for specific information about the date, time, and location of the court hearing.
2. You have the right to have a lawyer represent you at the hearing. A lawyer can look at the files in your case, talk to child protective services and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford a lawyer, the court will appoint one to represent you. To get a court-appointed lawyer you must contact: ...(explain local procedure)....
3. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge.
You should be present at this hearing. If you do not come, the judge will not hear what you have to say.
You may call the Child Protective Services' caseworker for more information about your child. The caseworker's name and telephone number are: ...(insert name and telephone number)..."
Upon receipt of the written notice, the parent, guardian, or legal custodian shall acknowledge such notice by signing a receipt prepared by child protective services. If the parent, guardian, or legal custodian does not sign the receipt, the reason for lack of a signature shall be written on the receipt. The receipt shall be made a part of the court's file in the dependency action.
If after making reasonable efforts to provide notification, child protective services is unable to determine the whereabouts of the parents, guardian, or legal custodian, the notice shall be delivered or sent to the last known address of the parent, guardian, or legal custodian.
(3) If child protective services is not required to give notice under subsection (2) of this section, the juvenile court counselor assigned to the matter shall make all reasonable efforts to advise the parents, guardian, or legal custodian of the time and place of any shelter care hearing, request that they be present, and inform them of their basic rights as provided in RCW 13.34.090.
(4) Reasonable efforts to advise and to give notice, as required in subsections (2) and (3) of this section, shall include, at a minimum, investigation of the whereabouts of the parent, guardian, or legal custodian. If such reasonable efforts are not successful, or the parent, guardian, or legal custodian does not appear at the shelter care hearing, the juvenile court counselor or caseworker shall testify at the hearing or state in a declaration:
(a) The efforts made to investigate the whereabouts of, and to advise, the parent, guardian, or legal custodian; and
(b) Whether actual advice of rights was made, to whom it was made, and how it was made, including the substance of any oral communication or copies of written materials used.
(5) At the commencement of the shelter care hearing the court shall advise the parties of their basic rights as provided in RCW 13.34.090 and shall appoint counsel pursuant to RCW 13.34.090 if counsel has not been retained by the parent or guardian and if the parent or guardian is indigent, unless the court finds that the right to counsel has been expressly and voluntarily waived in court.
(6) The court shall hear evidence regarding notice given to, and efforts to notify, the parent, guardian, or legal custodian and shall examine the need for shelter care. The court shall make an express finding as to whether the notice required under subsections (2) and (3) of this section was given to the parent, guardian, or legal custodian. All parties have the right to present testimony to the court regarding the need or lack of need for shelter care. Hearsay evidence before the court regarding the need or lack of need for shelter care must be supported by sworn testimony, affidavit, or declaration of the person offering such evidence.
(7) The juvenile court probation counselor shall submit a recommendation to the court as to the further need for shelter care, except that such recommendation shall be submitted by the department of social and health services in cases where the petition alleging dependency has been filed by the department of social and health services, unless otherwise ordered by the court.
(8) The court shall release a child alleged to be dependent to the care, custody, and control of the child's parent, guardian, or legal custodian unless that person has been convicted of a gross misdemeanor or greater against a child or unless the court finds there is reasonable cause to believe that:
(a) After consideration of the specific services that have been provided, reasonable efforts have been made to prevent or eliminate the need for removal of the child from the child's home and to make it possible for the child to return home; and
(b)(i) The child has no parent, guardian, or legal custodian to provide supervision and care for such child; or
(ii) The release of such child would present a serious threat of substantial harm to such child; or
(iii) The parent, guardian, or custodian to whom the child could be released is alleged to have violated RCW 9A.40.060 or 9A.40.070.
If the court does not release the child to his or her parent, guardian, or legal custodian, the court shall order continued shelter care or order placement with another suitable person, and the court shall set forth its reasons for the order. The court shall enter a finding as to whether subsections (2) and (3) of this section have been complied with. If actual notice was not given to the parent, guardian, or legal custodian and the whereabouts of such person is known or can be ascertained, the court shall order the supervising agency or the department of social and health services to make reasonable efforts to advise the parent, guardian, or legal custodian of the status of the case, including the date and time of any subsequent hearings, and their rights under RCW 13.34.090.
(9) An order releasing the child on any conditions specified in this section may at any time be amended, with notice and hearing thereon, so as to return the child to shelter care for failure of the parties to conform to the conditions originally imposed.
(10) A shelter care order issued pursuant to this section may be amended at any time with notice and hearing thereon. The shelter care decision of placement shall be modified only upon a showing of change in circumstances. No child may be detained for longer than thirty days without an order, signed by the judge, authorizing continued shelter care.
(11) Any parent, guardian, or legal custodian who for good cause is unable to attend the initial shelter care hearing may request that a subsequent shelter care hearing be scheduled. The request shall be made to the clerk of the court where the petition is filed prior to the initial shelter care hearing. The hearing shall be held within seventy-two hours of the request, excluding Saturdays, Sundays, and holidays. The clerk shall notify all other parties of the hearing by any reasonable means.
Sec. 304. RCW 26.44.020 and 1988 c 142 s 1 are each amended to read as follows:
For the purpose of and as used in this chapter:
(1) "Court" means the superior court of the state of Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of public safety, or the office of the sheriff.
"Practitioner of the healing arts" or "practitioner" means
a person licensed by this state to practice ((
medicine and surgery, optometry, chiropractic, nursing, dentistry,
osteopathy and surgery, or medicine and surgery or to provide other health
services. The term "practitioner" shall include a duly accredited
Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being
furnished Christian Science treatment by a duly accredited Christian Science
practitioner shall not be considered, for that reason alone, a neglected person
for the purposes of this chapter.
(4) "Institution" means a private or public hospital or any other facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health services.
(6) "Child" or "children" means any person under the age of eighteen years of age.
(7) "Professional school personnel" shall include, but not be limited to, teachers, counselors, administrators, child care facility personnel, and school nurses.
(8) "Social service counselor" shall mean anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs, whether in an individual capacity, or as an employee or agent of any public or private organization or institution.
(9) "Psychologist" shall mean any person licensed to practice psychology under chapter 18.83 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(10) "Pharmacist" shall mean any registered pharmacist under the provisions of chapter 18.64 RCW, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(11) "Clergy" shall mean any regularly licensed or ordained minister, priest or rabbi of any church or religious denomination, whether acting in an individual capacity or as an employee or agent of any public or private organization or institution.
(12) "Child abuse or neglect" shall mean the injury, sexual abuse, sexual exploitation, or negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed thereby. An abused child is a child who has been subjected to child abuse or neglect as defined herein: PROVIDED, That this subsection shall not be construed to authorize interference with child-raising practices, including reasonable parental discipline, which are not proved to be injurious to the child's health, welfare, and safety: AND PROVIDED FURTHER, That nothing in this section shall be used to prohibit the reasonable use of corporal punishment as a means of discipline. No parent or guardian shall be deemed abusive or neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.
(13) "Child protective services section" shall mean the child protective services section of the department.
(14) "Adult dependent persons not able to provide for their own protection through the criminal justice system" shall be defined as those persons over the age of eighteen years who have been found legally incompetent pursuant to chapter 11.88 RCW or found disabled to such a degree pursuant to said chapter, that such protection is indicated: PROVIDED, That no persons reporting injury, abuse, or neglect to an adult dependent person as defined herein shall suffer negative consequences if such a judicial determination of incompetency or disability has not taken place and the person reporting believes in good faith that the adult dependent person has been found legally incompetent pursuant to chapter 11.88 RCW.
(15) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by any person; or (b) allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes as those acts are defined by state law by any person.
(16) "Negligent treatment or maltreatment" means an act or omission, past or present, which evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.
"Developmentally disabled person" means a person who has a disability
defined in RCW ((
(18) "Child protective services" means those services provided by the department designed to protect children from child abuse and neglect and safeguard the general welfare of such children and shall include investigations of child abuse and neglect reports, including reports regarding child care centers and family child care homes, and the development, management, and provision of or referral to services to ameliorate conditions which endanger the welfare of children, the coordination of necessary programs and services relevant to the prevention, intervention, and treatment of child abuse and neglect, and services to children to ensure that each child has a permanent home. In determining whether protective services should be provided, the department shall not decline to provide such services solely because of the child's unwillingness or developmental inability to describe the nature and severity of the abuse or neglect.
(19) "Malice" or "maliciously" means an evil intent, wish, or design to vex, annoy, or injure another person. Such malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.
NEW SECTION. Sec. 401. A new section is added to chapter 43.43 RCW to read as follows:
(1) All applicants as defined in RCW 43.43.830(1)(a) and (b) shall be fingerprinted at a local law enforcement agency and pay the cost for such fingerprinting. The fingerprints shall be stored by the Washington state patrol criminal identification system for the purpose of transmittal to the federal bureau of investigation identification division when a written request for a federal background check of an applicant is received. The state patrol may waive the requirement for fingerprints if a federal waiver is obtained.
(2) Federal bureau of investigation criminal history record information may be received only by a state or local governmental agency and shall not be provided to private entities. If a business or organization made the request for a federal background check, the governmental agency in receipt of the records shall, based upon the criminal history record information, determine the applicant's suitability for employment and inform the inquiring business or organization.
Sec. 402. RCW 43.43.760 and 1985 c 201 s 15 are each amended to read as follows:
(1) Whenever a resident of this state appears before any law enforcement agency and requests an impression of his or her fingerprints to be made, such agency may comply with his or her request and make the required copies of the impressions on forms marked "Personal Identification". The required copies shall be forwarded to the section and marked "for personal identification only".
The section shall accept and file such fingerprints submitted voluntarily by such resident, for the purpose of securing a more certain and easy identification in case of death, injury, loss of memory, or other similar circumstances. Upon the request of such person, the section shall return his or her identification data.
(2) Whenever any person is an applicant for appointment to any position or is an applicant for employment or is an applicant for a license to be issued by any governmental agency, and the law or a regulation of such governmental agency requires that the applicant be of good moral character or not have been convicted of a crime, or is an applicant for appointment to or employment with a criminal justice agency, or the department, the applicant may request any law enforcement agency to make an impression of his or her fingerprints to be submitted to the section. The law enforcement agency may comply with such request and make copies of the impressions on forms marked "applicant", and submit such copies to the section.
The section shall accept such fingerprints and shall cause its files to be examined and shall promptly send to the appointing authority, employer, or licensing authority indicated on the form of application, a transcript of the record of previous crimes committed by the person described on the data submitted, or a transcript of the dependency record information regarding the person described on the data submitted, or if there is no record of his or her commission of any crimes, or if there is no dependency record information, a statement to that effect.
(3) The Washington state patrol shall charge fees for processing of noncriminal justice system requests for criminal history record information pursuant to this section which will cover, as nearly as practicable, the direct and indirect costs to the patrol of processing such requests.
law enforcement agency may charge a fee ((
not to exceed five dollars)) that
has been adopted by administrative rule for the purpose of taking
fingerprint impressions or searching its files of identification for
Sec. 403. RCW 43.43.735 and 1989 c 334 s 9 and 1989 c 6 s 2 are each reenacted and amended to read as follows:
(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state, to cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for the commission of any criminal offense constituting a felony or gross misdemeanor. (a) When such juveniles are brought directly to a juvenile detention facility, the juvenile court administrator is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency; and (b) a further exception may be made when the arrest is for a violation punishable as a gross misdemeanor and the arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all adults lawfully arrested, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information.
(3) For cases adjudicated under Title 26 RCW in which a finding of sexual or physical abuse is entered, the court shall require the offender to be photographed and fingerprinted by law enforcement. Law enforcement shall transmit the photographs and fingerprints to the Washington state patrol for retention in the event a background check is requested.
(4) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons whose photograph and fingerprints are required or allowed to be taken under this section, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information, when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he or she is charged.
(5) It shall be the duty of the department of licensing or the court
having jurisdiction over the dependency action and protection proceedings under
chapter 74.34 RCW to cause the fingerprinting of all persons who are the
subject of a disciplinary board final decision, dependency record information,
protection proceeding record information, or to obtain other necessary identifying
information, as specified by the section in rules adopted under chapter 34.05
RCW to carry out the provisions of this subsection.
(6) The court having jurisdiction over the dependency or protection
proceeding action may obtain and record, in addition to fingerprints, the
photographs, palmprints, soleprints, toeprints, or any other identification
data of all persons who are the subject of dependency record information or
protection proceeding record information, when in the discretion of the court
it is necessary for proper identification of the person.
NEW SECTION. Sec. 501. A new section is added to chapter 10.98 RCW to read as follows:
NOTIFICATION OF RELEASE OF OFFENDER. Sixty days before the release of an offender who has been convicted of a gross misdemeanor or greater against a child, the department of corrections shall advise the department of social and health services of the impending release and of the conditions of the release. Upon notification, the department of social and health services shall have access to the department of corrections' records concerning the offender.
NEW SECTION. Sec. 601. Section and part headings as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 602. The sum of forty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the criminal justice training commission for the purposes of section 102 of this act.
NEW SECTION. Sec. 603. The sum of one million two hundred eighty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of community development for the purposes of section 103 of this act.
NEW SECTION. Sec. 604. The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of section 105 of this act.