BP BHEAD INT S

AN ACT Relating to juvenile sex offenders; amending RCW 13.40.130, 13.40.160, 13.40.210, and 13.40.300; adding new sections to chapter 13.40 RCW; prescribing penalties; and providing an effective date.

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

Sec. 1. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.

(2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set.

(3) At an adjudicatory hearing, a person for whom an information has been filed alleging the commission of a felony sex offense, is entitled to all the rights that by court rule, statute, and the state and federal constitutions are guaranteed to an offender who is similarly charged in adult court.

(4) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.

((~~(4)~~)) (5) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.

((~~(5)~~)) (6) If the respondent is found not guilty he or she shall be released from detention.

((~~(6)~~)) (7) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party shall be notified by mail of the time and place of the continued hearing.

((~~(7)~~)) (8) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.

((~~(8)~~)) (9) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

((~~(9)~~)) (10) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.

Sec. 2. RCW 13.40.160 and 1995 c 395 s 7 are each amended to read as follows:

(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5), (7), and ((~~(6)~~)) (8) of this section.

If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections ((~~(5) and (6)~~)) (7) and (8) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection ((~~(5)~~)) (7) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

Except for disposition of community supervision or a disposition imposed pursuant to subsection ((~~(5)~~)) (7) of this section, a disposition may be appealed as provided in RCW 13.40.230 by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection ((~~(5)~~)) (7) of this section may not be appealed under RCW 13.40.230.

(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

(4) If a respondent is found to be a middle offender:

(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections ((~~(5) and~~)) (6), (7), and (8) of this section. If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

(b) If the middle offender has less than 110 points, the court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150. If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender violates any condition of the disposition including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230 by the state or the respondent. A disposition pursuant to subsection (4)(a) or (b) of this section is not appealable under RCW 13.40.230.

(5) When a respondent is found to be a serious offender and to have committed any felony sex offense as defined by RCW 9.94A.030 committed on or after July 1, 1996, the court shall commit the offender to the department and impose a sentence that consists of a maximum term which shall be the maximum sentence provided by RCW 9A.20.021 for the offense and a minimum term of confinement which shall be within the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357, except as provided in subsections (6) and (7) of this section.

If the court concludes, and enters reasons for its conclusion, that a minimum term within the standard range would effectuate a manifest injustice the court shall impose a minimum term of confinement outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357.

A disposition outside the standard range shall be determinate and is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

(6) When a respondent is found to be a middle offender and to have committed any felony sex offense as defined by RCW 9.94A.030 committed on or after July 1, 1996, the court shall commit the offender to the department and impose a sentence that consists of a maximum term which shall be the maximum sentence provided by RCW 9A.20.021 for the offense and a minimum term of confinement which shall be within the standard range of disposition for the offense, as indicated in option A of schedule D-2, RCW 13.40.0357, except as provided in subsections (7) and (8) of this section.

(7) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(a)(i) Frequency and type of contact between the offender and therapist;

(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(iv) Anticipated length of treatment; and

(v) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition that consists of a maximum term provided by RCW 9A.20.021 for the offense and a minimum term that is within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for ((~~up to two years~~)) the length of the maximum sentence. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

(b)(i) Devote time to a specific education, employment, or occupation;

(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

(iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

(iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

(v) Report as directed to the court and a probation counselor;

(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof;

(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or

(viii) Comply with the conditions of any court-ordered probation bond.

The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

Except as provided in this subsection ((~~(5)~~)) (7), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection ((~~(5)~~)) (7) and the rules adopted by the department of health.

If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

If the court revokes the suspension and orders execution of the disposition, the offender's minimum term of confinement shall be the standard range disposition imposed pursuant to (a) of this subsection. The offender shall become subject to the jurisdiction of the juvenile sex offender disposition review board which shall determine whether the offender may be released upon completion of the minimum term.

For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

((~~(6)~~)) (8) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)((~~(e)~~))(b)(iv) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

((~~(7)~~)) (9) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

((~~(8)~~)) (10) Except as provided for in subsection (4)(b) or ((~~(5)~~)) (7) of this section or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.

((~~(9)~~)) (11) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

Sec. 3. RCW 13.40.210 and 1994 sp.s. c 7 s 527 are each amended to read as follows:

(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030 and in cases involving juveniles who have been found to have committed any felony sex offense, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

(3) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

Sec. 4. RCW 13.40.300 and 1994 sp.s. c 7 s 530 are each amended to read as follows:

(1) In no case may a juvenile offender be committed by the juvenile court to the department of social and health services for placement in a juvenile correctional institution beyond the juvenile offender's twenty-first birthday except in cases where a juvenile has been found to have committed a felony sex offense. A juvenile may be under the jurisdiction of the juvenile court or the authority of the department of social and health services beyond the juvenile's eighteenth birthday only if prior to the juvenile's eighteenth birthday:

(a) Proceedings are pending seeking the adjudication of a juvenile offense and the court by written order setting forth its reasons extends jurisdiction of juvenile court over the juvenile beyond his or her eighteenth birthday;

(b) The juvenile has been found guilty after a fact finding or after a plea of guilty and an automatic extension is necessary to allow for the imposition of disposition; or

(c) Disposition has been held and an automatic extension is necessary to allow for the execution and enforcement of the court's order of disposition. If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthday.

(2) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.

(3) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday except for the purpose of enforcing an order of restitution and except in cases where a juvenile has been found to have committed a felony sex offense.

(4) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person eighteen years of age or older.

NEW SECTION. Sec. 5. A juvenile sex offender disposition review board is created to:

(1) Review dispositions of juvenile offenders who have been found to have committed a felony sex offense that results in commitment by a court to a term of confinement in a state institution, including offenders who were sentenced under the special sex offender disposition alternative whose suspended disposition was revoked, to determine whether the offender should be released upon completion of the minimum sentence or if the offender should remain in custody;

(2) Establish appropriate conditions of release for any offenders who are released;

(3) Establish procedures to determine if an offender has violated any conditions of release, and impose sanctions for such violations;

(4) Establish procedures for periodic review of offenders who remain in confinement beyond the minimum term of confinement under subsection (1) of this section; and

(5) Three months prior to each offender's twenty-first birthday, review dispositions under subsection (1) of this section again to determine whether release, transfer to the department of corrections, or continued commitment to the department of social and health services is appropriate.

NEW SECTION. Sec. 6. (1) The juvenile sex offender disposition review board shall consist of five members, each of whom shall be appointed by the governor with the consent of the senate. The governor, in appointing the members, shall designate one of them to serve as chair at the governor's pleasure.

(2) All persons appointed by the governor shall have background, education, training, or experience in the treatment, supervision, investigation, or prosecution of juvenile sex offenders. The governor shall seek recommendations from law enforcement and from prosecutors for at least two of the positions on the board. At least one or more members appointed by the governor shall have current experience in the evaluation and treatment of juvenile sex offenders.

(3) Initial appointments to the board shall be for staggered terms with two members appointed for five-year terms, two members appointed for three-year terms, and one member appointed for a one-year term. All subsequent appointments shall be for a term of five years.

(4) In the event of the inability of any member to act, the governor shall appoint some competent person to act in the member's stead during the continuance of such inability.

(5) Members of the board may not be removed during their respective terms except for cause determined by the superior court of Thurston county.

(6) The members of the board and its officers and employees shall not engage in any other business or profession or hold any other public office; nor shall they, at the time of appointment or employment or during their incumbency, serve as the representative of any political party on any executive committee or other governing body thereof, or as an executive officer or employee of any political committee or association.

(7) The members of the board shall each severally receive salaries fixed by the governor in accordance with RCW 43.03.040, and in addition shall receive travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060.

(8) The board may employ and fix, with the approval of the governor, the compensation of and prescribe the duties of such employees, assistants, or experts as necessary, and provide necessary quarters, supplies, and equipment. The board also may hire on a contract basis such experts as it may find necessary to assist it in its duties.

NEW SECTION. Sec. 7. The juvenile sex offender disposition review board shall meet at the juvenile rehabilitation administration's institutions at such times as may be necessary for a full and complete study of the cases of all juvenile sex offenders whose durations of confinement are to be determined by it or whose applications for release come before it. Other times and places of meetings may also be fixed by the board.

NEW SECTION. Sec. 8. (1) When deciding whether a juvenile sex offender should be released, the review board shall give public safety considerations the highest priority. An offender shall not be released unless the board finds that the offender's rehabilitation has been complete and the offender is a fit subject for release. All relevant evidence shall be considered by the board, including but not limited to, evidence relating to:

(a) The number and severity of the sex offenses and violent offenses committed by the juvenile offender;

(b) Whether the offender has committed sex offenses against strangers or individuals with whom a relationship was established or promoted for the purpose of victimization;

(c) Whether the offender has a history of substance abuse, the extent of any such abuse, and the offender's performance in any substance abuse treatment;

(d) Whether there is an adequate plan for the residence, education, training, or employment of the offender upon release;

(e) The offender's performance in any sex offender treatment, refusal to participate in treatment, or lack of amenability to treatment;

(f) The offender's future dangerousness;

(g) Infractions committed by the offender while in the custody of the department;

(h) Whether the offender has a history of mental illness and the current status of that condition;

(i) Whether the requirements of RCW 13.40.215 have been satisfied; and

(j) Any other relevant evidence.

(2) The board shall not consider in any way factors relating to population of the state's juvenile residential facilities when deciding whether to release a juvenile sex offender.

NEW SECTION. Sec. 9. The juvenile sex offender disposition review board may meet and transact business in panels. Each board panel shall consist of at least three members of the board. In all matters concerning the internal affairs of the board and policy-making decisions, a majority of the full board must concur. The chair of the board with the consent of a majority of the board may designate any three members to exercise all the powers and duties of the board in connection with any hearing before the board. If the three members so designated cannot unanimously agree as to the disposition of the hearing assigned to them, the hearing shall be reheard by the full board. All actions of the full board shall be by concurrence of a majority of the board members.

NEW SECTION. Sec. 10. (1) At the time of release of a juvenile sex offender, the juvenile sex offender disposition review board shall establish appropriate conditions of release. The conditions shall include those established by the sentencing court, if any, and any other conditions the board finds appropriate. When establishing the conditions of release, the board shall also consider any conditions of supervision made by the department in accordance with RCW 13.40.210(3). At a minimum, the offender shall be required to comply with at least the following:

(a) Refrain from committing new offenses;

(b) No possession or use of a firearm or use of a deadly weapon;

(d) Report as required to the department; and

(e) No contact with any victims or adverse witnesses.

(2) If conditions of release that the juvenile sex offender disposition review board finds are appropriate conflict with conditions established by the sentencing court, the board shall advise the sentencing court and prosecuting attorney of its recommended conditions of release and the reasons the board finds those conditions appropriate. The sentencing court and prosecuting attorney shall have thirty days to either schedule a hearing on the board's recommended conditions of release or indicate concurrence in the board's recommendations.

NEW SECTION. Sec. 11. Sections 5 through 10 of this act are each added to chapter 13.40 RCW.

NEW SECTION. Sec. 12. This act shall take effect July 1, 1996.