AN ACT
Relating to sharing of juvenile records among schools and other agencies;
amending RCW 28A.225.330; and reenacting and amending RCW 13.40.215.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.215 and 1994 c 129 s 6 and 1994 c 78 s 1 are each reenacted and 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 thirty 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; and
(iii)
The approved private schools and the common school district board of directors
of the district in which the juvenile intends to reside or the approved private
school or public school district in which the juvenile last attended school,
whichever is appropriate, except when it has been determined by the department
that the juvenile is twenty-one years old; is not required to return to school
under chapter 28A.225 RCW; or will be in the community for less than seven
consecutive days on approved leave and will not be attending school during that
time.
(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.
(c)
The thirty-day notice requirements contained in this subsection shall not apply
to emergency medical furloughs.
(d)
The existence of the notice requirements in this subsection will not require
any extension of the release date in the event the release plan changes after
notification.
(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.
Sec.
2. RCW
28A.225.330 and 1994 c 304 s 2 are each amended to read as follows:
(1)
When enrolling a student who has attended school in another school district,
the school enrolling the student may request the parent and the student to
briefly indicate in writing whether or not the student has:
(a)
Any history of placement in special educational programs;
(b)
Any past, current, or pending disciplinary action;
(c)
Any history of violent behavior;
(d)
Any unpaid fines or fees imposed by other schools; and
(e)
Any health conditions affecting the student's educational needs.
(2)
The school enrolling the student shall request the school the student previously
attended to send the student's permanent record including records of
disciplinary action. If the student has not paid a fine or fee under RCW
28A.635.060, the school may withhold the student's official transcript, but
shall transmit information about the student's academic performance, special
placement, and records of disciplinary action. If the official transcript is
not sent due to unpaid fees or fines, the enrolling school shall notify both
the student and parent or guardian that the official transcript will not be
sent until the obligation is met, and failure to have an official transcript
may result in exclusion from extracurricular activities or failure to graduate.
(3) If
information is requested under subsection (2) of this section, the information
shall be transmitted within two school days after receiving the request and
the records shall be sent as soon as possible.
(4)
Any school district or district employee who releases the information in
compliance with federal and state law is immune from civil liability for
damages unless it is shown that the school district or district employee acted
with gross negligence or in bad faith.
