(a) Frequency and type of
contact between offender and therapist;
(b) Specific issues to be
addressed in the treatment and description of planned treatment modalities;
(c) Monitoring plans,
including any requirements regarding living conditions, lifestyle requirements,
and monitoring by family members and others.
(d) Anticipated length of
treatment; and
(e) Recommended crime-related
prohibitions.
If the court determines a sex
offender should receive a sentence under the sexual offender special sentencing
alternative then the court may suspend the sentence and require the offender to
participate in the community-based SSOSA treatment program.
Community Supervision,
Community Placement & Work Release:
Currently there are no state
specifications on where a sex offender can live upon being released to the
community. The Department of Corrections, however, has authority to impose
residential location and arrangement restrictions as part of any term of
community placement imposed for sex offenders.
There are no state
specifications on where a sex offender can work during participation in a work
release program.
JUVENILE
OFFENDERS
Conditions of Discharge/Leave:
Upon discharge, parole, or
other authorized leave or release, a convicted juvenile sex offender must not
attend a school that is attended by a victim or a sibling of a victim of the
sex offender. The parents or legal guardians of the convicted juvenile sex
offender is 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 Department of Social and
Health Services must send a written notice of the discharge, parole, other
authorized leave or release and any other requirements to the 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.
Special Sex Offender
Disposition Alternative (SSODA):
SSODA, for certain first-time
juvenile sex offenders, allows the court to suspend the sentence of an
adjudicated offender and instead order up to twenty five months of community
supervision and require the youth to receive treatment in the community from a
certified sex offender treatment provider. Detention time may also be
ordered. Should an offender fail to meet the treatment, supervision, and
monitoring terms of the SSODA agreement, the court may revoke the suspended
disposition and commit the youth to the Juvenile Rehabilitation Administration
to serve the standard range of confinement. In addition, as a condition of the
suspended disposition, the court may impose the conditions of community
supervision and other conditions and restrictions such as forbidding the
offender from attending the same school attended by the victim or the victim=s siblings.
Community Supervision &
Parole:
Juvenile offenders released
from residential programs are usually put onto parole. The length of an
offender=s term
of parole is based on the length of his commitment sentence. With the
exception of a mandatory two-year supervision period for certain sex offenders,
the length of the parole is limited to twenty four weeks. The goal of parole
is to provide supervision commensurate with the offender=s prior criminal history,
age, and committing offense. In addition parole develops and implements
offense specific interventions designed to reduce the offender=s risk to public and safety;
and parole helps to promote participation in community services to enhance the
offender=s
social, academic, and health development. Youth on parole who are not
complying with their parole conditions may have their parole status revoked and
be confined for up to thirty days.
Community Residential
Facilities & Other Homes:
When an adjudicated juvenile
has been transferred to a community residential facility, the a Department of
Social and Health Services must send a written notice to the school where the
youth will be attending while residing at the community residential facility.
SCHOOLS
Applications for
Nonresidents:
All districts accepting
applications from nonresident students or from students receiving home-based
instruction for admission to the district's schools shall consider equally all
applications received. Applications of a nonresident student may be rejected
if:
(a) Acceptance of a
nonresident student would result in the district experiencing a financial
hardship;
(b) The student's disciplinary
records indicate a history of violent or disruptive behavior or gang
membership; or
(c) The student has been
expelled or suspended from a public school for more than ten consecutive days.
As part of any application the
school may require the parent to briefly indicate in writing whether 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, or criminal behavior ;
(d) Any unpaid fines or fees
imposed by other schools; and
(e) Any health conditions
affecting the student's educational needs.
In addition the school
enrolling the student must request the school the student previously attended
to send the student's permanent record including records of disciplinary
action, attendance, immunization records, and academic performance.
Funds appropriated to the
state board of education from the common school construction fund shall be
allotted by the state board of education. However, no allotment shall be made
to a school district until such district has provided matching funds equal to
or greater than the difference between the total approved project cost and the
amount of state assistance to the district for financing the project.
Summary:If a school district knows
that a student is adjudicated or convicted of a sex offense the school district
is prohibited from placing the student in a public school with other children
more than three years younger than the sex offender. The school district is
also prohibited from placing the sex offender in a school that is within one
thousand feet of another public or approved private school that has students
more than three years younger than the sex offender. As a result any school
district, educational service district, or consortium of school districts is
authorized to create specialized schools for students who have been adjudicated
or convicted of offenses and who pose a danger to themselves, other students,
and staff.
ADULT
OFFENDERS
Definitions:The term Aschool@ is expanded to include the
grounds of preschools. In addition any city, town, school district, or county
may depict the location and boundaries of the area on or within the radius of
one thousand feet of the perimeter of a school as school grounds
The term "known sex
offender" is any person who has, within the knowledge of the arresting
officer, been adjudicated or convicted within the last twenty years in any
court of a sex offense.
The term "public place"
is any area visible to the public including schools, playgrounds, streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit
stations, shelters and tunnels, all moving and stationary automobiles, doorways
and entrances to buildings or dwellings and the grounds enclosing them, and all
public buildings.
The term Asex offender loitering@ is when a person remains in
a public place within one thousand feet of a school, park or playground where
children are present and intentionally solicits, induces, entices, or procures
another for the purpose of committing a sex offense. In addition a person may
be engaging in sex offender loitering if he or she:
(a) Is a known sex offender;
(b) Repeatedly beckons to,
stops or attempts to stop children or other pedestrians, or engages them in a
conversation;
(c) Circles an area in a motor
vehicle and repeatedly beckons to, contacts, or attempts to stop children or
pedestrians;
(d) Is the subject of any
court order, which directs as a condition of release from custody, a condition
of parole, community placement, or community supervision, the person to stay
out of any specified area that explicitly or impliedly includes schools, playgrounds,
or parks where children congregate;
(e) Is subject to conditions
of release, supervision, community placement, or parole, as established by the
Department of Corrections or the Department of Social and Health Services, that
directs the person to stay out of any specified area that explicitly or
impliedly includes schools, playgrounds, or parks where children congregate;
(f) Is a known juvenile sex
offender, does not attend the school or is on school premises after hours or
after school functions;
(g) Is not an employee of the
school; or
(h) Is on the grounds of the
school, playground, or park when children are present.
Penalty for sex offender
loitering. Sex offender loitering is a gross misdemeanor if the defendant
has not been classified as a risk level II or III under the risk notification
levels or is not subject to a court order or terms of parole, community
placement, or supervision that directs the person to stay out of any specified
area that explicitly or impliedly includes schools, or parks or playgrounds
where children congregate.
Sex offender loitering is a
class C felony if the defendant has been classified as a risk level II or III
under the risk notification levels and is subject to a court order or terms of
parole, community placement, or supervision that directs the person to stay out
of any specified area that explicitly or impliedly includes schools, or parks
or playgrounds where children congregate.
Responsibilities of Law
Enforcement Officers & Community Corrections Officers. A law
enforcement officer , with probable cause, may arrest a person for sex offender
loitering who has remained in a public place and has intentionally solicited,
induced, enticed, or procured another for the purpose of committing a sex
offense. In addition, the law enforcement or community corrections officer
may detain a known sex offender sex offender if he or she is violating the
terms of a court order or conditions of release, supervision, community
placement, or parole.
Special Sex Offender
Sentencing Alternative (SSOSA):
As a condition of suspended
sentence, the court must order the offender to refrain from establishing or
maintaining a residence within the radius of one thousand feet of the perimeter
of a school ground and to refrain from sex offender loitering. In addition, the
item requirements for the offender=s treatment plan must also include any living location restrictions as
part of his or her monitoring plan. Compliance with the residential
restriction requirement must be reported, along with other progress reports, to
the court prior to the offender=s treatment termination hearing.
Community Supervision,
Community Placement & Work Release:
All sex offenders sentenced to
terms involving community supervision, community service, community placement,
or legal financial obligation are prohibited from establishing or maintaining a
residence within the radius of one thousand feet of the perimeter of a school
ground and from sex offender loitering.
The Department of Corrections
must not place a sex offender or approve of a work release or residence
location for a sex offender if the proposed facility or residence is located
within the perimeter of one thousand feet of a school.
JUVENILE
OFFENDERS
Conditions of Discharge/Leave:
Upon transfer to a community
residential facility, or any other authorized leave or release, a convicted
juvenile sex offender cannot attend a school that is attended by any student
more than three years younger than the offender. The offender also may not
attend any school that is within one thousand feet of the perimeter of a school
that has students more than three years younger than the offender. Upon
transfer to a community residential facility, the Department of Social and
Health Services must send a written notice of the transfer, to the 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.
School districts may suspend, expel, or transfer any student who is adjudicated
or convicted of a sex offense.
Special Sex Offender
Disposition Alternative (SSODA):
Requires offenders
participating in the sex offender disposition alternative to refrain from sex
offender loitering. In addition, the court shall order that the offender may
not attend any school where there are any students more than three years
younger than the offender. The court shall also order that the offender may
not attend any school that is within one thousand feet of the perimeter of a
public or approved private school that has students more than three years
younger than the offender. The court must send notice of the disposition and
restriction on attending the school to the approved school that the juvenile
will attend, if known, or if unknown, to the approved private schools and
public school district board of directors of the district in which the juvenile
resides or intends to reside.
Community Supervision &
Parole:
As a mandatory condition of
community supervision or parole, the court must order a sex offender to refrain
from sex offender loitering.
Community Residential
Facilities & Other Homes:
When a sex offender is placed
in a community residential facility, home or center, that facility is required
to send a written notice of the offender=s criminal history to any school that the offender will be attending
and to any employer that employs the offender while residing at the community
residential facility.
The Department of Social and
Health Services is prohibited from placing a sex offender into an agency that
is located within one thousand feet of a school that has students more than
three years younger than the offender.
SCHOOLS
If a school district knows
that a student is adjudicated or convicted of a sex offense then the school
district may not place the student in a public school with other children more
than three years younger than the sex offender. The school district may also
not place the sex offender in a school that is within one thousand feet of
another public or approved private school that has students more than three
years younger than the sex offender. If the student is adjudicated or
convicted of the sex offense during the school year, the student shall be
suspended pending transfer to another school that the offender may attend
without violation. If the school district cannot place the student in another
school within the district without violating this section, the school district
may enter into an agreement with another school district or an educational
service district to provide educational services to the sex offender or may
expel the student.
Applications for
Nonresidents:
All school districts accepting
applications from nonresident student may reject a nonresident student if:
(a) The student's disciplinary
records indicate a history of convictions for offenses or crimes; or
(b) Acceptance of the student
would result in the district placing the sex offender in its own school or
another school that is within one thousand feet of a school that has students
more than three years younger than the sex offender.
As part of any application the
school must require the parent to indicate in writing whether the student was
placed in special educational programs, any disciplinary actions, violent
behavior, criminal behavior, any unpaid fines and any health conditions
affecting the student's educational needs.
In addition the school
enrolling the student must request the school the student previously attended
to send the student's permanent record including criminal and conviction
records.
Any school district,
educational service district, or consortium of school districts may create
specialized schools for students who have been adjudicated or convicted of
offenses and who pose a danger to themselves, other students, and staff. The
schools may be designed to address the special educational needs of those
students and the security needs of the students and staff. The schools may
give priority in placement to adjudicated or convicted youth who are violent or
chronically disruptive of the educational process and who would otherwise be
subject to suspension or expulsion.
The superintendent of public
instruction is directed to assist school districts, educational service
districts, and consortiums that intend to create specialized schools.
Funds
appropriated to the state board of education from the common school
construction fund shall be allotted by the state board of education. No
allotment shall be made to a school district until such district has provided
matching funds equal to or greater than the difference between the total
approved project cost and the amount of state assistance to the district for
financing the project However, the state board shall waive the matching
requirement for districts that have provided funds to construct school
buildings to house specialized schools that the districts may create for sex
offenders or to make structural changes to convert an existing building or
school into a specialized school.
Rules Authority:No.
Fiscal Note:Requested.
Effective Date:This bill contains an
emergency clause and takes effect immediately.
