6231-S2

AN ACT Relating to the placement of sexually aggressive youth; adding a new section to chapter 13.40 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the placement of sexually aggressive youth in state-funded or state-operated juvenile rehabilitation facilities must be done in such a manner as to protect the other children and youth in those facilities. To achieve this purpose, the legislature intends that sexually aggressive youth under the department of social and health services' care and custody shall not be placed in the same sleeping quarters as, nor have unsupervised contact with, other children or youth in those settings who are vulnerable to victimization by sexually aggressive youth.

NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:

(1) For the purposes of this section, the following terms have the following meanings:

(a) "Sexually aggressive youth" means a juvenile who has been found by the department to have committed a sexually aggressive act or other violent act that is sexually aggressive in nature.

(b) "Sleeping quarters" means the bedrooms or other rooms within a larger home or residential facility where youth are assigned to sleep.

(c) "Unsupervised contact" means contact that occurs for more than a nominal period of time outside the sight or hearing of a responsible adult.

(2)(a) A sexually aggressive youth under the department's care and custody pursuant to this chapter may not be assigned to the same sleeping quarters as any child who is vulnerable to victimization by a sexually aggressive youth and who is not also a sexually aggressive youth, except that youth may be assigned to the same multiple-person dormitory if the dormitory is regularly monitored by visual surveillance equipment or staff checks.

(b) The department shall also prohibit, to the greatest extent possible and within available funds, unsupervised contact in a state-operated or state-funded juvenile rehabilitation facility between sexually aggressive youth under its care and custody and other children who are vulnerable to victimization by sexually aggressive youth. This prohibition shall include, but not be limited to, prohibiting any youth committed under this chapter from entering any sleeping quarters other than the one to which he or she is assigned, unless accompanied by an authorized supervisor.

(c) The department shall make all reasonable efforts to ascertain whether the children residing in a state-operated or state-funded juvenile rehabilitation facility have been the victims of sexual abuse or are vulnerable to victimization by a sexually aggressive youth.

(3) The department shall implement a policy for determining when a child is a sexually aggressive youth and when a child is vulnerable to victimization by sexually aggressive youth for the purposes of this section. Notwithstanding the provisions of RCW 74.13.075, the policy need not require that every youth who is adjudicated or convicted of a sex offense, as defined in RCW 9.94A.030, be determined to be sexually aggressive, nor does the policy require a youth to have been adjudicated or convicted of a sex offense to be determined a sexually aggressive youth for the purposes of this section. Instead, the department shall consider the individual circumstances of the youth, including his or her age, physical size, mental and emotional condition, and other factors relevant to sexual aggressiveness. In determining when a youth is vulnerable to victimization by a sexually aggressive youth, the department shall consider the individual circumstances of the youth, including his or her age, physical size, mental and emotional condition, and other factors relevant to vulnerability.

NEW SECTION. Sec. 3. The department of social and health services shall report to the legislature by November 1, 1996, on the following: (1) Development and implementation of the policy for determining when a child is a sexually aggressive youth for the purposes of this act; (2) development and implementation of the policy for determining when a child is vulnerable to victimization by a sexually aggressive youth for the purposes of this act; and (3) the operational and fiscal impacts of extending the requirements of section 2 of this act to all state-funded or state-operated residential facilities where children are placed by the department pursuant to chapters 13.34, 70.96A, and 71.34 RCW.

NEW SECTION. Sec. 4. Section 2 of this act shall take effect January 1, 1997.