BILL REQ. #:  H-1896.1 

READ FIRST TIME 02/16/09.   

     AN ACT Relating to a diversion program for sexually exploited juveniles; amending RCW 13.40.070; adding a new section to chapter 13.40 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that juveniles involved in the commercial sex trade are sexually exploited and that they face extreme threats to their physical and emotional well-being. In order to help them break out of the isolation, fear, and danger of the commercial sex trade and to assist them in their recovery from the resulting mental and physical harm and in the development of skills that will allow them to become independent and achieve long-term security, these juveniles are in critical need of comprehensive services, including housing, mental health counseling, education, employment, chemical dependency treatment, and skill building. The legislature further finds that a diversion program to provide these comprehensive services, working within existing resources in the counties which prosecute juveniles for prostitution and prostitution loitering, may be an appropriate alternative to the prosecution of juveniles involved in the commercial sex trade.

NEW SECTION.  Sec. 2   A new section is added to chapter 13.40 RCW to read as follows:
     (1) When a juvenile is alleged to have committed the offenses of prostitution or prostitution loitering, a prosecutor may divert the offense if the county in which the offense is alleged to have been committed has a comprehensive program that provides:
     (a) Safe and stable housing;
     (b) Comprehensive on-site case management;
     (c) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
     (d) Education and employment training delivered on-site; and
     (e) Referrals to off-site specialized services, as appropriate.
     (2) A prosecutor may divert a case for prostitution or prostitution loitering into the comprehensive program described in this section, notwithstanding the filing criteria set forth in RCW 13.40.070(5).
     (3) A diversion agreement under this section may extend to twelve months.
     (4)(a) The administrative office of the courts shall compile data regarding:
     (i) The number of juveniles whose cases are diverted into the comprehensive program described in this section;
     (ii) Whether the juveniles complete their diversion agreements under this section; and
     (iii) Whether juveniles whose cases have been diverted under this section have been subsequently arrested or committed subsequent offenses.
     (b) A report of the data compiled shall be provided to the governor and the appropriate committee of the legislature by November 1, 2010.

Sec. 3   RCW 13.40.070 and 2003 c 53 s 98 are each amended to read as follows:
     (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
     (a) The alleged facts bring the case within the jurisdiction of the court; and
     (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
     (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
     (3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
     (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
     (5) Except as provided in section 2 of this act, where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:
     (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.411(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, or a class C felony that is a violation of RCW 9.41.080 or 9.41.040(2)(a)(iii); or
     (b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or
     (c) An alleged offender has previously been committed to the department; or
     (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or
     (e) An alleged offender has two or more diversion agreements on the alleged offender's criminal history; or
     (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.
     (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation. If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.
     (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
     (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversion interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversion unit, the victim shall be notified of the referral and informed how to contact the unit.
     (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
     (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.

NEW SECTION.  Sec. 4   This act expires July 1, 2011.