BILL REQ. #:  S-3973.1 

Read first time 01/28/14.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to access to juvenile records; amending RCW 13.50.050, 13.40.080, 13.40.150, 13.50.050, and 10.97.050; adding a new section to chapter 2.68 RCW; creating new sections; providing effective dates; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The primary goal of the Washington state juvenile justice system is the rehabilitation and reintegration of former juvenile offenders. The public has a compelling interest in the rehabilitation of former juvenile offenders and their successful reintegration into society as active, law-abiding, and contributing members of their communities. When juvenile court records are publicly available, former juvenile offenders face a substantial barrier to reintegration, as they are denied housing, employment, and education opportunities on the basis of these records.
     (2) The Washington state Constitution establishes that the public has the right to an open court system. However, the public's right of access to court records is not absolute and may be limited to protect other interests. The legislature intends that public access to juvenile court proceedings be limited and in many cases precluded.
     (3) Given the rehabilitative goals of the juvenile justice system, the scientifically documented differences between the brain development of juveniles and adults, and the differences between the structure and goals of the juvenile justice system and the adult criminal justice system, the legislature declares that it is the policy of the state of Washington that the interest in juvenile rehabilitation and reintegration constitutes compelling circumstances that outweigh the public interest in continued unlimited availability of juvenile court records.

Sec. 2   RCW 13.50.050 and 2012 c 177 s 2 are each amended to read as follows:
     (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
     (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (12) of this section.
     (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
     (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
     (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
     (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
     (7) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.
     (8) The juvenile court and the prosecutor may set up and maintain a central recordkeeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central recordkeeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central recordkeeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
     (9) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
     (10) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
     (11) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (23) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
     (12)(a) The court shall ((not)) grant any motion to seal records for class A offenses made pursuant to subsection (11) of this section ((that is filed on or after July 1, 1997, unless)) if:
     (i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;
     (ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
     (iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
     (iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
     (v) The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; and
     (vi) Full restitution has been paid.
     (b) The court shall ((not)) grant any motion to seal records for class B, C, gross misdemeanor and misdemeanor offenses and diversions made under subsection (11) of this section ((unless)) if:
     (i) Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
     (ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
     (iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
     (iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense; and
     (v) Full restitution has been paid.
     (c) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is eighteen years of age or older at the time of the motion.
     (d) Notwithstanding the requirements in (a) or (b) of this subsection, at the disposition hearing of a juvenile offender, the court shall enter a written order sealing the official juvenile court file if none of the offenses for which the court has entered a disposition is:
     (i) A serious violent offense, as defined in RCW 9.94A.030;
     (ii) A sex offense under chapter 9A.44 RCW;
     (iii) Arson in the first degree or criminal solicitation of or criminal conspiracy to commit arson in the first degree;
     (iv) Assault of a child in the second degree;
     (v) Kidnapping in the second degree;
     (vi) Leading organized crime; or
     (vii) Malicious placement of an explosive in the first degree.
     (e) The court shall enter a written order sealing the official juvenile court file:
     (i) Upon receipt of notification that the respondent has performed his or her obligations under a diversion agreement as provided in RCW 13.40.080(12)(a)(iv);
     (ii) Upon the acquittal after a fact finding or upon dismissal of charges; or
     (iii) If the prosecutor does not file charges within seventy-two hours after a juvenile has been taken into custody pursuant to RCW 13.40.050.
     (13) The person making a motion pursuant to subsection (11) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
     (14)(a) If the court grants the motion to seal made pursuant to subsection (11) of this section, it shall, subject to subsection (23) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
     (b) In the event the subject of the juvenile records receives a full and unconditional pardon, the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events upon which the pardon was received. Any agency shall reply to any inquiry concerning the records pertaining to the events for which the subject received a pardon that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
     (15) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (23) of this section.
     (16) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying ((the)) a sealing order issued pursuant to subsection (11) of this section. Any subsequent adjudication of a juvenile offense described in subsection (12)(d) of this section has the effect of nullifying sealing orders issued pursuant to subsection (12)(a), (b), or (d) of this section. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW. The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.
     (17)(a)(i) Subject to subsection (23) of this section, all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for destruction when:
     (A) The person who is the subject of the information or complaint is at least eighteen years of age;
     (B) His or her criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008;
     (C) Two years have elapsed since completion of the agreement or counsel and release;
     (D) No proceeding is pending against the person seeking the conviction of a criminal offense; and
     (E) There is no restitution owing in the case.
     (ii) No less than quarterly, the administrative office of the courts shall provide a report to the juvenile courts of those individuals whose records may be eligible for destruction. The juvenile court shall verify eligibility and notify the Washington state patrol and the appropriate local law enforcement agency and prosecutor's office of the records to be destroyed. The requirement to destroy records under this subsection is not dependent on a court hearing or the issuance of a court order to destroy records.
     (iii) The state and local governments and their officers and employees are not liable for civil damages for the failure to destroy records pursuant to this section.
     (b) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within thirty days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.
     (c) A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008, may request that the court order the records in his or her case destroyed. The request shall be granted, subject to subsection (23) of this section, if the court finds that two years have elapsed since completion of the agreement or counsel and release.
     (d) A person twenty-three years of age or older whose criminal history consists of only referrals for diversion may request that the court order the records in those cases destroyed. The request shall be granted, subject to subsection (23) of this section, if the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
     (18) If the court grants the motion to destroy records made pursuant to subsection (17)(c) or (d) of this section, it shall, subject to subsection (23) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
     (19) The person making the motion pursuant to subsection (17)(c) or (d) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
     (20) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
     (21) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
     (22) Any juvenile justice or care agency may, subject to the limitations in subsection (23) of this section and (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
     (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older or pursuant to subsection (17)(a) of this section.
     (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
     (23) Except for subsection (17)(b) of this section, no identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
     (24) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.

Sec. 3   RCW 13.40.080 and 2013 c 179 s 4 are each amended to read as follows:
     (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
     (2) A diversion agreement shall be limited to one or more of the following:
     (a) Community restitution not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
     (b) Restitution limited to the amount of actual loss incurred by any victim;
     (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. If an assessment identifies mental health needs, a youth may access up to thirty hours of counseling. The counseling sessions may include services demonstrated to improve behavioral health and reduce recidivism. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, a physician, a counselor, a school, or a treatment provider, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversion unit exercising the option to permit diversion agreements to mandate attendance at up to thirty hours of counseling and/or up to twenty hours of educational or informational sessions;
     (d) A fine, not to exceed one hundred dollars;
     (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and
     (f) Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.
     (3) Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.
     (4) In assessing periods of community restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian. To the extent possible, the court officer shall advise the victims of the juvenile offender of the diversion process, offer victim impact letter forms and restitution claim forms, and involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
     (5)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.
     (b) If additional time is necessary for the juvenile to complete restitution to a victim, the time period limitations of this subsection may be extended by an additional six months.
     (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. Prior to the expiration of the initial ten-year period, the juvenile court may extend the judgment for restitution an additional ten years. The court may relieve the juvenile of the requirement to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. If the court relieves the juvenile of the requirement to pay full or partial restitution, the court may order an amount of community restitution that the court deems appropriate. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
     (6) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
     (7) Divertees and potential divertees shall be afforded due process in all contacts with a diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
     (a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
     (b) Violation of the terms of the agreement shall be the only grounds for termination;
     (c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
     (i) Written notice of alleged violations of the conditions of the diversion program; and
     (ii) Disclosure of all evidence to be offered against the divertee;
     (d) The hearing shall be conducted by the juvenile court and shall include:
     (i) Opportunity to be heard in person and to present evidence;
     (ii) The right to confront and cross-examine all adverse witnesses;
     (iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
     (iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement;
     (e) The prosecutor may file an information on the offense for which the divertee was diverted:
     (i) In juvenile court if the divertee is under eighteen years of age; or
     (ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
     (8) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
     (9) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
     (10) The diversion unit may refer a juvenile to a restorative justice program, community-based counseling, or treatment programs.
     (11) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
     The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversion unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
     (12)(a) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
     (((a))) (i) The fact that a charge or charges were made;
     (((b))) (ii) The fact that a diversion agreement was entered into;
     (((c))) (iii) The juvenile's obligations under such agreement;
     (((d))) (iv) Whether the alleged offender performed his or her obligations under such agreement; and
     (((e))) (v) The facts of the alleged offense.
     (b) Upon notification that the alleged offender has successfully performed his or her obligations under a diversion agreement, the court shall enter a written order sealing the official juvenile court file of the alleged offender.
     (13) A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
     (14) A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs or a restorative justice program. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(7). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
     (15) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
     (16) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
     (17) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

Sec. 4   RCW 13.40.150 and 1998 c 86 s 1 are each amended to read as follows:
     (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
     (2) For purposes of disposition:
     (a) Violations which are current offenses count as misdemeanors;
     (b) Violations may not count as part of the offender's criminal history;
     (c) In no event may a disposition for a violation include confinement.
     (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:
     (a) Consider the facts supporting the allegations of criminal conduct by the respondent;
     (b) Consider information and arguments offered by parties and their counsel;
     (c) Consider any predisposition reports;
     (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;
     (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;
     (f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date not to exceed one hundred eighty days from the date of the disposition hearing to determine the amount, except that the court may continue the hearing beyond the one hundred eighty days for good cause;
     (g) Determine the respondent's offender score;
     (h) Consider whether or not any of the following mitigating factors exist:
     (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;
     (ii) The respondent acted under strong and immediate provocation;
     (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
     (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and
     (v) There has been at least one year between the respondent's current offense and any prior criminal offense;
     (i) Consider whether or not any of the following aggravating factors exist:
     (i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;
     (ii) The offense was committed in an especially heinous, cruel, or depraved manner;
     (iii) The victim or victims were particularly vulnerable;
     (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;
     (v) The current offense included a finding of sexual motivation pursuant to RCW 13.40.135;
     (vi) The respondent was the leader of a criminal enterprise involving several persons;
     (vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history; and
     (viii) The standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications.
     (4) The following factors may not be considered in determining the punishment to be imposed:
     (a) The sex of the respondent;
     (b) The race or color of the respondent or the respondent's family;
     (c) The creed or religion of the respondent or the respondent's family;
     (d) The economic or social class of the respondent or the respondent's family; and
     (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.
     (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.
     (6) Pursuant to RCW 13.50.050 the court shall enter a written order sealing the official juvenile court file of the respondent if none of the offenses subject to disposition is:
     (a) A serious violent offense, as defined in RCW 9.94A.030;
     (b) A sex offense under chapter 9A.44 RCW;
     (c) Arson in the first degree or criminal solicitation of or criminal conspiracy to commit arson in the first degree;
     (d) Assault of a child in the second degree;
     (e) Kidnapping in the second degree;
     (f) Leading organized crime; or
     (g) Malicious placement of an explosive in the first degree.

NEW SECTION.  Sec. 5   A new section is added to chapter 2.68 RCW to read as follows:
     (1) The administrative office of the courts in the development of its superior court case management system shall incorporate an efficient and cost-effective procedure for designating juvenile offender records as confidential and allowing administrative access to records that have previously been designated as confidential. Beginning September 1, 2014, the administrative office of the courts shall report to the legislature annually regarding the progress in meeting the directives of this section.
     (2) This section expires July 1, 2018.

Sec. 6   RCW 13.50.050 and 2014 c ... s 2 (this act) are each amended to read as follows:
     (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.
     (2) Beginning July 1, 2018, the official juvenile court file of any alleged or proven juvenile offender shall be ((open to public inspection, unless sealed pursuant to subsection (12) of this section.
     (3))) confidential unless the juvenile has been adjudicated of a sex offense under chapter 9A.44 RCW or a serious violent offense as defined in RCW 9.94A.030. In which case, the official juvenile court file shall be open to the public in its entirety.
     (3) Access to the confidential official juvenile court file of any alleged or proven juvenile offender shall be limited to the court, prosecuting attorney, the parties and their attorneys, and, only as provided in subsection (4) of this section, juvenile justice or care agencies.
     (4) A juvenile justice or care agency may have access to the confidential official juvenile court file only when an investigation or case involving the juvenile in question is being pursued by the juvenile justice or care agency or when the juvenile justice or care agency is responsible for supervising the juvenile.
     (5) Nothing in this section may limit the access by agencies to any juvenile records for research and data-gathering purposes as provided in RCW 13.50.010.
     (6) Upon application of any interested party, after a hearing with notice to all parties, and for good cause shown, the court may release individual records and reports, or certain information contained therein, to the petitioner, limited to the specific purpose expressly authorized by the court, and upon the court's written finding that:
     (a) Anyone present when the motion was heard had an opportunity to address the motion to open the juvenile court file to public inspection;
     (b) The court has weighed the competing privacy interests of the juvenile with the interests identified by petitioners as they apply to the specific court record, with the presumption in favor of confidentiality;
     (c) The court has determined that a compelling reason exists for such inspection and that the release or disclosure is necessary for the protection of a compelling public or private interest; and
     (d) The order of the court is no broader in its application or duration than necessary to serve its purpose.
     (7) All records ((other than)) retained or produced, which are not part of the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.
     (((4))) (8) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.
     (((5))) (9) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.
     (((6))) (10) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.
     (((7))) (11) Upon the decision to arrest or the arrest, law enforcement and prosecuting attorneys may cooperate with schools in releasing information to a school pertaining to the investigation, diversion, and prosecution of a juvenile attending the school. Upon the decision to arrest or the arrest, incident reports may be released unless releasing the records would jeopardize the investigation or prosecution or endanger witnesses. If release of incident reports would jeopardize the investigation or prosecution or endanger witnesses, law enforcement and prosecuting attorneys may release information to the maximum extent possible to assist schools in protecting other students, staff, and school property.
     (((8))) (12) The juvenile court and the prosecutor may set up and maintain a central recordkeeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central recordkeeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central recordkeeping system without notification by the diversion unit of the date on which the offender agreed to diversion.
     (((9))) (13) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.
     (((10))) (14) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.
     (((11))) (15) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((23))) (27) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.
     (((12))) (16)(a) The court shall grant any motion to seal records for class A offenses made pursuant to subsection (((11))) (15) of this section if:
     (i) Since the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition, the person has spent five consecutive years in the community without committing any offense or crime that subsequently results in an adjudication or conviction;
     (ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
     (iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
     (iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense;
     (v) The person has not been convicted of rape in the first degree, rape in the second degree, or indecent liberties that was actually committed with forcible compulsion; and
     (vi) Full restitution has been paid.
     (b) The court shall grant any motion to seal records for class B, C, gross misdemeanor and misdemeanor offenses and diversions made under subsection (((11))) (15) of this section if:
     (i) Since the date of last release from confinement, including full-time residential treatment, if any, entry of disposition, or completion of the diversion agreement, the person has spent two consecutive years in the community without being convicted of any offense or crime;
     (ii) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense;
     (iii) No proceeding is pending seeking the formation of a diversion agreement with that person;
     (iv) The person is no longer required to register as a sex offender under RCW 9A.44.130 or has been relieved of the duty to register under RCW 9A.44.143 if the person was convicted of a sex offense; and
     (v) Full restitution has been paid.
     (c) Notwithstanding the requirements in (a) or (b) of this subsection, the court shall grant any motion to seal records of any deferred disposition vacated under RCW 13.40.127(9) prior to June 7, 2012, if restitution has been paid and the person is eighteen years of age or older at the time of the motion.
     (d) Notwithstanding the requirements in (a) or (b) of this subsection, at the disposition hearing of a juvenile offender, the court shall enter a written order sealing the official juvenile court file if none of the offenses for which the court has entered a disposition is:
     (i) A serious violent offense, as defined in RCW 9.94A.030;
     (ii) A sex offense under chapter 9A.44 RCW;
     (iii) Arson in the first degree or criminal solicitation of or criminal conspiracy to commit arson in the first degree;
     (iv) Assault of a child in the second degree;
     (v) Kidnapping in the second degree;
     (vi) Leading organized crime; or
     (vii) Malicious placement of an explosive in the first degree.
     (e) The court shall enter a written order sealing the official juvenile court file:
     (i) Upon receipt of notification that the respondent has performed his or her obligations under a diversion agreement as provided in RCW 13.40.080(12)(a)(iv);
     (ii) Upon the acquittal after a fact finding or upon dismissal of charges; or
     (iii) If the prosecutor does not file charges within seventy-two hours after a juvenile has been taken into custody pursuant to RCW 13.40.050.
     (((13))) (17) The person making a motion pursuant to subsection (((11))) (15) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.
     (((14))) (18)(a) If the court grants the motion to seal made pursuant to subsection (((11))) (15) of this section, it shall, subject to subsection (((23))) (27) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
     (b) In the event the subject of the juvenile records receives a full and unconditional pardon, the proceedings in the matter upon which the pardon has been granted shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events upon which the pardon was received. Any agency shall reply to any inquiry concerning the records pertaining to the events for which the subject received a pardon that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.
     (((15))) (19) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((23))) (27) of this section.
     (((16))) (20) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying a sealing order issued pursuant to subsection (((11))) (15) of this section. Any subsequent adjudication of a juvenile offense described in subsection (((12))) (16)(d) of this section has the effect of nullifying sealing orders issued pursuant to subsection (((12))) (16)(a), (b), or (d) of this section. Any charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW. The administrative office of the courts shall ensure that the superior court judicial information system provides prosecutors access to information on the existence of sealed juvenile records.
     (((17))) (21)(a)(i) Subject to subsection (((23))) (27) of this section, all records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within ninety days of becoming eligible for destruction. Juvenile records are eligible for destruction when:
     (A) The person who is the subject of the information or complaint is at least eighteen years of age;
     (B) His or her criminal history consists entirely of one diversion agreement or counsel and release entered on or after June 12, 2008;
     (C) Two years have elapsed since completion of the agreement or counsel and release;
     (D) No proceeding is pending against the person seeking the conviction of a criminal offense; and
     (E) There is no restitution owing in the case.
     (ii) No less than quarterly, the administrative office of the courts shall provide a report to the juvenile courts of those individuals whose records may be eligible for destruction. The juvenile court shall verify eligibility and notify the Washington state patrol and the appropriate local law enforcement agency and prosecutor's office of the records to be destroyed. The requirement to destroy records under this subsection is not dependent on a court hearing or the issuance of a court order to destroy records.
     (iii) The state and local governments and their officers and employees are not liable for civil damages for the failure to destroy records pursuant to this section.
     (b) All records maintained by any court or law enforcement agency, including the juvenile court, local law enforcement, the Washington state patrol, and the prosecutor's office, shall be automatically destroyed within thirty days of being notified by the governor's office that the subject of those records received a full and unconditional pardon by the governor.
     (c) A person eighteen years of age or older whose criminal history consists entirely of one diversion agreement or counsel and release entered prior to June 12, 2008, may request that the court order the records in his or her case destroyed. The request shall be granted, subject to subsection (((23))) (27) of this section, if the court finds that two years have elapsed since completion of the agreement or counsel and release.
     (d) A person twenty-three years of age or older whose criminal history consists of only referrals for diversion may request that the court order the records in those cases destroyed. The request shall be granted, subject to subsection (((23))) (27) of this section, if the court finds that all diversion agreements have been successfully completed and no proceeding is pending against the person seeking the conviction of a criminal offense.
     (((18))) (22) If the court grants the motion to destroy records made pursuant to subsection (((17))) (21)(c) or (d) of this section, it shall, subject to subsection (((23))) (27) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.
     (((19))) (23) The person making the motion pursuant to subsection (((17))) (21)(c) or (d) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.
     (((20))) (24) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.
     (((21))) (25) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.
     (((22))) (26) Any juvenile justice or care agency may, subject to the limitations in subsection (((23))) (27) of this section and (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.
     (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older or pursuant to subsection (((17))) (21)(a) of this section.
     (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.
     (((23))) (27) Except for subsection (((17))) (21)(b) of this section, no identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.
     (((24))) (28) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.
     (29) Confidential juvenile offense records maintained by any court, law enforcement agency, or state agency, including the juvenile court, local law enforcement, the Washington state patrol, and the county prosecutor's offices, may not be published, distributed, or sold.
     (30) Nothing in this section affects or prevents the use of a juvenile offender's prior adjudication in later juvenile offender or adult criminal proceedings.

Sec. 7   RCW 10.97.050 and 2012 c 125 s 2 are each amended to read as follows:
     (1) Adult conviction records may be disseminated without restriction.
     (2) No confidential juvenile offense records may be published or distributed.
     (3) Any criminal history record information which pertains to an incident that occurred within the last twelve months for which a person is currently being processed by the criminal justice system, including the entire period of correctional supervision extending through final discharge from parole, when applicable, may be disseminated without restriction.
     (((3))) (4) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to another criminal justice agency for any purpose associated with the administration of criminal justice, or in connection with the employment of the subject of the record by a criminal justice or juvenile justice agency. A criminal justice agency may respond to any inquiry from another criminal justice agency without any obligation to ascertain the purpose for which the information is to be used by the agency making the inquiry.
     (((4))) (5) Criminal history record information which includes nonconviction data may be disseminated by a criminal justice agency to implement a statute, ordinance, executive order, or a court rule, decision, or order which expressly refers to records of arrest, charges, or allegations of criminal conduct or other nonconviction data and authorizes or directs that it be available or accessible for a specific purpose.
     (((5))) (6) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies pursuant to a contract with a criminal justice agency to provide services related to the administration of criminal justice. Such contract must specifically authorize access to criminal history record information, but need not specifically state that access to nonconviction data is included. The agreement must limit the use of the criminal history record information to stated purposes and insure the confidentiality and security of the information consistent with state law and any applicable federal statutes and regulations.
     (((6))) (7) Criminal history record information which includes nonconviction data may be disseminated to individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency. Such agreement must authorize the access to nonconviction data, limit the use of that information which identifies specific individuals to research, evaluative, or statistical purposes, and contain provisions giving notice to the person or organization to which the records are disseminated that the use of information obtained therefrom and further dissemination of such information are subject to the provisions of this chapter and applicable federal statutes and regulations, which shall be cited with express reference to the penalties provided for a violation thereof.
     (((7))) (8) Every criminal justice agency that maintains and disseminates criminal history record information must maintain information pertaining to every dissemination of criminal history record information except a dissemination to the effect that the agency has no record concerning an individual. Information pertaining to disseminations shall include:
     (a) An indication of to whom (agency or person) criminal history record information was disseminated;
     (b) The date on which the information was disseminated;
     (c) The individual to whom the information relates; and
     (d) A brief description of the information disseminated.
     The information pertaining to dissemination required to be maintained shall be retained for a period of not less than one year.
     (((8))) (9) In addition to the other provisions in this section allowing dissemination of criminal history record information, RCW 4.24.550 governs dissemination of information concerning offenders who commit sex offenses as defined by RCW 9.94A.030. Criminal justice agencies, their employees, and officials shall be immune from civil liability for dissemination on criminal history record information concerning sex offenders as provided in RCW 4.24.550.

NEW SECTION.  Sec. 8   (1) RCW 13.50.050 applies prospectively and retroactively to all existing official juvenile court files of any alleged or proven juvenile offender.
     (2) Except for juvenile court files that have been sealed pursuant to RCW 13.50.050(15), any existing official juvenile court file shall, upon July 1, 2018, be public if the offender who is the subject of the file has been adjudicated for arson in the first degree or criminal solicitation of or criminal conspiracy to commit arson in the first degree, assault of a child in the second degree, kidnapping in the second degree, leading organized crime, malicious placement of an explosion in the first degree, a sex offense, as defined in chapter 9A.44 RCW, or a serious violent offense, as defined in RCW 9.94A.030, with the adjudication date prior to July 1, 2018.

NEW SECTION.  Sec. 9   This act may be known and cited as the youth opportunities act.

NEW SECTION.  Sec. 10   Sections 2 through 5 of this act take effect July 1, 2014.

NEW SECTION.  Sec. 11   Sections 2 through 4 of this act expire July 1, 2018.

NEW SECTION.  Sec. 12   Sections 6 through 8 of this act take effect July 1, 2018.