S-3903.1  _______________________________________________

                         SENATE BILL 6231

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Kohl, Long, Fairley, Strannigan, Wojahn, Hargrove, Haugen, Winsley, Bauer, Prentice and Rasmussen

Read first time 01/09/96.  Referred to Committee on Human Services & Corrections.

Protecting victims from sexually aggressive youth.

    AN ACT Relating to the placement of sexually aggressive youth; adding a new section to chapter 13.34 RCW; adding a new section to chapter 13.40 RCW; creating a new section; 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 placements or facilities must be done in such a manner as to protect the other children and youth in those placements or facilities.  To achieve this purpose the legislature intends that sexually aggressive youth, under the department's care and custody, shall not be placed in the same residential setting as, nor have unsupervised contact with, other children or youth who have been the victim of sexual abuse.

NEW SECTION. Sec. 2.  A new section is added to chapter 13.34 RCW to read as follows:

    (1) The department shall ensure that sexually aggressive youth who are under the department's care and custody shall not be placed in the same residential setting as, nor have unsupervised contact with, other children who have been the victim of sexual abuse and who are not also sexually aggressive youth.

    (2) For the purposes of this section, "sexually aggressive youth" means those youth who:

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

    (b) Are in the care and custody of the state, including youth who are the subject of a proceeding under this chapter or chapter 13.40 RCW, and youth who 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 twelve years of age or over, or competent to stand trial if under twelve years of age.

NEW SECTION. Sec. 3.  A new section is added to chapter 13.40 RCW to read as follows:

    The department shall ensure that sexually aggressive youth, as defined in section 2 of this act, who are under the department's care and custody, shall not be placed in the same residential setting as, nor have unsupervised contact with, other children who have been the victim of sexual abuse and who are not also sexually aggressive youth.

NEW SECTION. Sec. 4.  This act shall take effect January 1, 1997.

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