Z-1463.1                   _______________________________________________

                                                     SENATE BILL 6258

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State of Washington                              53rd Legislature                             1994 Regular Session

By Senator Talmadge; by request of Department of Social and Health Services

Read first time 01/18/94.  Referred to Committee on Health & Human Services.

Expanding eligibility criteria for funds for sexually aggressive youth.

          AN ACT Relating to sexually aggressive youth; and reenacting and amending RCW 74.13.075.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 74.13.075 and 1993 c 402 s 3 and 1993 c 146 s 1 are each reenacted and amended to read as follows:

          (1) For the purposes of funds appropriated for the treatment of sexually aggressive youth, the term "sexually aggressive youth" means those ((who are the subject of a proceeding under chapter 13.34 RCW or)) juveniles who:

          (a) Have been abused and have committed a sexually aggressive act or other violent act that is sexual in nature; and

(i) Are in the care and custody of the state ((and:

          (i) Have been abused; and

          (ii) Have committed a sexually aggressive or other violent act that is sexual in nature)) or a federally recognized Indian tribe located within the state; or

(ii) Are the subject of a proceeding under chapter 13.34 RCW or a child welfare proceeding held before a tribal court located within the state; or

          (b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.

          (2) In expending these funds, the department of social and health services shall establish in each region a case review committee to review all cases for which the funds are used.  In determining whether to use these funds in a particular case, the committee shall consider:

          (a) The age of the juvenile;

          (b) The extent and type of abuse to which the juvenile has been subjected;

          (c) The juvenile's past conduct;

          (d) The benefits that can be expected from the treatment;

          (e) The cost of the treatment; and

          (f) The ability of the juvenile's parent or guardian to pay for the treatment.

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