1968-S AMS HSC S2784

1968-S AMS HSC S2784.1

SHB 1968 - S COMM AMD

By Committee on Human Services & Corrections

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends the department of social and health services to develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities.

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

(1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual victimization by other youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:

(a) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process 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 shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;

(b) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who may be vulnerable to victimization by youth identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;

(c) Development and use of placement criteria to avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;

(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior and youth assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.

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

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

(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.

NEW SECTION. Sec. 3. The department of social and health services shall report to the legislature by December 1, 1997, on the following: (1) Development of the assessment process for identifying youth who present a moderate to high risk of sexually aggressive behavior for the purposes of this act; (2) development of the assessment process for determining when a youth may be vulnerable to victimization by youth who present a moderate to high risk of sexually aggressive behavior for the purposes of this act; and (3) development of the placement criteria and procedures required under section 2(1)(c) and (d) of this act.

NEW SECTION. Sec. 4. The policy developed under section 2 of this act shall be implemented within the juvenile rehabilitation administration by January 1, 1998.

NEW SECTION. Sec. 5. The department of social and health services shall provide an evaluation of the implementation of this act to the legislature by December 1, 1998. The evaluation shall identify: (1) The number of youth assessed as presenting a moderate to high risk of sexually aggressive behavior; (2) the number of youth assessed as being vulnerable to victimization; (3) the effectiveness of avoiding assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as being vulnerable to sexual victimization by utilizing the assessment and placement process set forth in section 2 of this act; (4) the effectiveness of minimizing, within available funds, unsupervised contact between youth who present a moderate or high risk of sexually aggressive behavior and youth assessed as being vulnerable to sexual victimization utilizing the procedures set forth in section 2 of this act; and (5) the number of youth identified as moderate to high risk of sexually aggressive behavior who were placed in department of social and health services community residential settings during their period of parole with a youth who is not a juvenile offender and is found to be dependent under chapter 13.34 RCW or an at-risk youth or child in need of services under chapter 13.32A RCW. The department shall identify the resources necessary to provide separate placements for youth identified in this subsection and shall identify alternative administrative processes for managing the placement of these youth.

Sec. 6. RCW 13.40.460 and 1994 sp.s. c 7 s 516 are each amended to read as follows:

The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

The secretary or assistant secretary shall:

(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

(2) Create by rule a formal system for inmate classification. This classification system shall consider:

(a) Public safety;

(b) Internal security and staff safety; ((~~and~~))

(d) An assessment of each offender's risk of sexually aggressive behavior as provided in section 2 of this act; and

(e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in section 2 of this act;

(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;

(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;

(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;

(6) Develop placement criteria:

(a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under section 2(1)(c) of this act; and

(b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk youth or child in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status;

(7) Develop a plan to implement, by July 1, 1995:

(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and

(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and

((~~(7)~~)) (8) Study, in conjunction with the superintendent of public instruction, educators, and superintendents of state facilities for juvenile offenders, the feasibility and value of consolidating within a single entity the provision of educational services to juvenile offenders committed to state facilities. The assistant secretary shall report his or her findings to the legislature by December 1, 1995.

NEW SECTION. Sec. 7. The policy developed under RCW 13.40.460(6)(b) shall be implemented within the juvenile rehabilitation administration and the division of children and family services by July 1, 1998."

SHB 1968 - S COMM AMD

By Committee on Human Services & Corrections

On page 1, line 1 of the title, after "offenders;" strike the remainder of the title and insert "amending RCW 13.40.460; adding a new section to chapter 13.40 RCW; and creating new sections."