AN ACT Relating to
juvenile sex offenders; and amending RCW 13.40.215.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 13.40.215 and 1993 c
27 s 1 are each amended to read as follows:
(1)(a) Except as
provided in subsection (2) of this section, at the earliest possible date, and
in no event later than ten days before discharge, parole, or any other
authorized leave or release, or before transfer to a community residential
facility, the secretary shall send written notice of the discharge, parole,
authorized leave or release, or transfer of a juvenile found to have committed
a violent offense, a sex offense, or stalking, to the following:
(i) The chief of police
of the city, if any, in which the juvenile will reside; and
(ii) The sheriff of the
county in which the juvenile will reside.
(b) The same notice as
required by (a) of this subsection shall be sent to the following, if such
notice has been requested in writing about a specific juvenile:
(i) The victim of the
offense for which the juvenile was found to have committed or the victim's next
of kin if the crime was a homicide;
(ii) Any witnesses who
testified against the juvenile in any court proceedings involving the offense;
and
(iii) Any person
specified in writing by the prosecuting attorney.
Information regarding
victims, next of kin, or witnesses requesting the notice, information regarding
any other person specified in writing by the prosecuting attorney to receive
the notice, and the notice are confidential and shall not be available to the
juvenile. The notice to the chief of police or the sheriff shall include the
identity of the juvenile, the residence where the juvenile will reside, the
identity of the person, if any, responsible for supervising the juvenile, and
the time period of any authorized leave.
(2)(a) If a juvenile
found to have committed a violent offense, a sex offense, or stalking escapes
from a facility of the department, the secretary shall immediately notify, by
the most reasonable and expedient means available, the chief of police of the city
and the sheriff of the county in which the juvenile resided immediately before
the juvenile's arrest. If previously requested, the secretary shall also
notify the witnesses and the victim of the offense which the juvenile was found
to have committed or the victim's next of kin if the crime was a homicide. If
the juvenile is recaptured, the secretary shall send notice to the persons
designated in this subsection as soon as possible but in no event later than
two working days after the department learns of such recapture.
(b) The secretary may
authorize a leave, for a juvenile found to have committed a violent offense, a
sex offense, or stalking, which shall not exceed forty-eight hours plus travel
time, to meet an emergency situation such as a death or critical illness of a
member of the juvenile's family. The secretary may authorize a leave, which
shall not exceed the time medically necessary, to obtain medical care not
available in a juvenile facility maintained by the department. Prior to the
commencement of an emergency or medical leave, the secretary shall give notice
of the leave to the appropriate law enforcement agency in the jurisdiction in
which the juvenile will be during the leave period. The notice shall include
the identity of the juvenile, the time period of the leave, the residence of
the juvenile during the leave, and the identity of the person responsible for
supervising the juvenile during the leave. If previously requested, the
department shall also notify the witnesses and victim of the offense which the
juvenile was found to have committed or the victim's next of kin if the offense
was a homicide.
In case of an emergency
or medical leave the secretary may waive all or any portion of the requirements
for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).
(3) If the victim, the
victim's next of kin, or any witness is under the age of sixteen, the notice
required by this section shall be sent to the parents or legal guardian of the
child.
(4) The secretary shall
send the notices required by this chapter to the last address provided to the
department by the requesting party. The requesting party shall furnish the
department with a current address.
(5) Upon discharge,
parole, or other authorized leave or release, a convicted juvenile sex offender
shall not attend a public elementary, middle, or high school that is attended
by a victim of the sex offender. The parents or legal guardians of the
convicted juvenile sex offender shall be responsible for transportation or
other costs associated with or required by the sex offender's change in school
that otherwise would be paid by a school district. Upon discharge, parole, or
other authorized leave or release of a convicted juvenile sex offender, the
secretary shall send written notice of the discharge, parole, or other
authorized leave or release and the requirements of this subsection to the
common school district board of directors of the district in which the sex
offender intends to reside or the district in which the sex offender last
attended school, whichever is appropriate.
(6) For purposes
of this section the following terms have the following meanings:
(a) "Violent
offense" means a violent offense under RCW 9.94A.030;
(b) "Sex
offense" means a sex offense under RCW 9.94A.030;
(c)
"Stalking" means the crime of stalking as defined in RCW 9A.46.110;
(d)
"Next of kin" means a person's spouse, parents, siblings, and
children.
