HOUSE BILL REPORT

HB 2384

BYRepresentatives Appelwick, Tate, Morris, Winsley, Crane, Walker, Valle, Holland, Betrozoff, Bowman, Brumsickle, Beck, Van Luven, McLean, S. Wilson, Brough, Schmidt, Moyer, Fuhrman, Nealey, Wolfe, Miller, P. King, Fraser, Todd, Haugen, Heavey, H. Myers, Scott, Wang, Inslee, Kirby, Smith, Hine, R. Fisher, Rector, Wood, Wineberry, Hankins, Forner, Doty, Horn, Dellwo, Basich, Ebersole, Youngsman, Zellinsky, May, Brooks, Jacobsen, Kremen, R. Meyers, Phillips, O'Brien, Ferguson, K. Wilson, Spanel and Rasmussen; by request of Governor Gardner

Changing provisions relating to criminal offenders.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Forner, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

Rereferred House Committee on Appropriations

Majority Report:  The second substitute bill be substituted therefor and the second substitute bill do pass.  (23)

      Signed by Representatives Locke, Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Brekke, Brough, Dorn, Doty, Ebersole, Hine, Inslee, May, McLean, Nealey, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

House Staff:      Jack Daray (786-7178)

AS REPORTED BY COMMITTEE ON APPROPRIATIONS JANUARY 26, 1990

BACKGROUND:

INTRODUCTION:  The Governor's Task Force on Community Protection was created following an egregious sexual assault upon a young child and the murder of a young woman in Seattle.  The task force submitted to the governor numerous proposals for statutory changes and funding programs for sex offenders and their victims. The proposals impact the criminal justice system for adults and juveniles and the civil and criminal commitment systems dealing with insane and incompetent offenders.

CURRENT LAW: VICTIM/WITNESS/POLICE NOTIFICATION:  The Department of Corrections (DOC) operates a victim/witness/police notification program to provide notice of the release of sex and violent offenders.  The department must notify local police in the city and county where the offender will live upon release, and the department must notify victims and witnesses prior to release or when the inmate escapes.  The victim, witnesses, and police must request notice or the department has no obligation to give notice.  The program exists only for adults convicted of sex and violent offenses and committed to the DOC.  The department is not required to provide notice when an offender is released into the community on community placement.  The Department of Juvenile Rehabilitation (DJR) has a less extensive notification program for victims but not for witnesses.  The Department of Social and Health Services (DSHS) does not have a victim/witness/police notification program that would provide notice of the release of offenders who are acquitted on a sex or violent offense due to insanity or who are involuntarily civilly committed after dismissal of a sex or violent offense due to incompetency to stand trial. Counties are not statutorily obligated to provide notice of release.

CONFIDENTIALITY AND DISCLOSURE:  Numerous laws exist that govern the confidentiality of information concerning adult and juvenile offenders and offenders in the custody of DSHS.  The case law is not well developed concerning the extent of information an agency may release to other agencies, and in particular the general public, when an offender is going to be released into the community.  Several statutes have specific prohibitions and specific liability and immunity clauses regarding the release of information. In general, agencies are liable for the improper release of information but not the failure to release information.  Employees may be subject to civil suit as well as the agency for the improper release of information.  The DOC and DSHS do not have to complete a "risk assessment" regarding an offender's risk to the community upon release from custody.

SEALING OF JUVENILE RECORDS:  Juvenile records of adjudications of criminal offenses may be sealed under certain circumstances.  Any conviction for an adult felony subsequent to the sealing nullifies the sealing for sentencing purposes if the juvenile offense was a class A offense.

INTERINSTITUTIONAL TRANSFER OF INSANE OFFENDERS AND SEX PSYCHOPATHS:  Officers of county jails, correctional institutions, and state mental hospitals must notify the state patrol when an insane offender or a sex psychopath is transferred to another institution, is released, or is changed to another release status.  State mental institutions must record the photographs, description, fingerprints and other identification data of insane offenders and sex psychopaths committed to DSHS.

EARNED EARLY RELEASE:  Adults convicted of offenses who are in county or state custody may reduce their sentences by up to one-third by earning early release credits, commonly known as "good time."  Last year a bill was adopted that contained a drafting error that arguably could be interpreted as eliminating good time for certain offenders in county custody. The DOC may administratively "credit" an offender with "good time" in advance of the offender actually earning the good time to determine the offender's projected release date.

JUVENILE JUSTICE ACT:  Juvenile offenders who are committed to the DJR may be supervised on parole up to 18 months.  If a juvenile violates the conditions of parole, the juvenile may be returned to custody but only up to 30 days. Some dispositions for juveniles not committed to the department may include a period of supervision up to one year. Although juvenile sex offenders may obtain some treatment through the department, no formal sentencing alternative that is comparable to the adult sentencing alternative for sex offenders exists for juveniles. Some juveniles may be transferred to adult court to be tried as adults following a "decline" hearing.  The state bears the burden of proving that the juvenile should be transferred.  Some decline hearings are discretionary, but others are mandatory. Mandatory hearings include juveniles who are at least 16 years old who are charged with class A felonies, and, juveniles who are at least 17 years old who are charged with assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree or robbery in the second degree. The state still bears the burden of proof at these mandatory hearings.

SEX OFFENDER REGISTRATION:  Neither state nor local law enforcement agencies may require that convicted sex offenders who reside within their jurisdiction register with the local police.

DEFINITION OF "SEX OFFENSES":  The sentencing reform act designates only certain offenses as "sex offenses."  Sex offenses are offenses such as rape and child molestation.  Crimes that may be sexually motivated but are not completed acts of sexual abuse are not labeled sex offenses.  Examples include assault with intent to commit rape, and burglary with intent to commit rape.  Some predatory sex offenders have a history of sexually motivated offenses but have not been convicted of a sex offense. Consequently, the criminal and mental health system might not treat the offender as a sex offender.

STATUTORY MAXIMUMS: Second degree rape, second degree rape of a child and first degree child molestation are class B felonies that carry a maximum penalty of 10 years in custody.  Class A felonies carry a maximum penalty of life in prison.  Indecent exposure is a gross misdemeanor if the victim is under 14 years of age.  Gross misdemeanors carry a maximum penalty of one year in jail.

SENTENCING RANGES:  The criminal sentencing structure has 14 levels of seriousness.  For first time sex offenders the following midpoints exist for the following offenses: five years for first degree rape and first degree rape of a child; two years for second degree rape, second degree rape of a child, and first degree child molestation; 18 months for indecent liberties with forcible compulsion; 13 months for indecent liberties without forcible compulsion and second degree child molestation; six months for third degree rape of a child; and two months for third degree child molestation and first degree sexual misconduct with a minor.

Before a court may impose consecutive sentences for current convictions without imposing an exceptional sentence, the offender must be convicted of three or more serious violent offenses.  If an adult offender is being convicted of a sex offense and has prior juvenile convictions for violent offenses, the juvenile convictions that were entered on the same day count as one point in the offender score even if the convictions involved separate victims.  Prior adult convictions for Class A offenses are always included in the offender score for subsequent convictions. Convictions for class B felonies are not included after 10 years if the offender remains free in the community for 10 consecutive years without a subsequent felony conviction.  Class C felonies are not included after five years if the offender remains free in the community for five consecutive years without a subsequent felony conviction. Juvenile convictions for class A offenses are always included in the offender score if the juvenile was at least 15 years old when the class A felony was committed. Juvenile convictions for class B or C felonies are included if the juvenile was at least 15 years old at the time of the commission of the offense and the offender is less than 23 years old at the time of sentencing on the new offense.

SPECIAL SEXUAL OFFENDER SENTENCING ALTERNATIVE FOR ADULT SEX OFFENDERS:  The special sexual offender sentencing alternative (SSOSA) for adults requires judges to consider whether the defendant and the community will benefit if the defendant is placed in community based treatment. The judge is not required to consider the victim's opinion. Offenders who are given a community based disposition are placed on supervision up to two years.  An offender is ineligible for SSOSA if the sentence range for the offender is above six years. The court must specifically order the defendant not to change therapists to prevent an offender from changing treatment providers. Sex offender therapists who examine or treat sex offenders who are examined and sentenced under this alternative do not have to be licensed or certified to treat sex offenders.

TREATMENT FOR SEX OFFENDERS IN PRISON: A treatment alternative for prison inmates allows the DOC to suspend an inmate's sentence and release the offender if the inmate satisfies the conditions of a treatment program in the department.  Thus far, the department has not used this alternative.

POST-RELEASE SUPERVISION:  Certain offenders including sex and serious violent offenders must be placed on one year of supervision following release from custody.

LEVEL OF SUPERVISION UPON RELEASE:  The DOC and the Indeterminate Sentence Review Board may at times make decisions about release and levels of supervision based upon the sentencing scheme and structure under which the defendant was convicted rather than factors based upon public safety.

INVOLUNTARY CIVIL COMMITMENT OF SEX OFFENDERS:  The involuntary civil commitment procedure may not be appropriate for sex offenders because some sex offenders may not have a mental disease or defect that makes them appropriate candidates for civil commitment with psychotic patients. Additionally, the involuntary civil commitment act requires overt demonstrations of dangerousness while in custody. Sex offenders who do not have access to victims while in custody may not engage in overt demonstrations of dangerousness but may be dangerous upon release.  No other civil commitment procedure exists for sex offenders. A prior civil commitment procedure for "sexual psychopaths" was repealed in 1984 following enactment of the sentencing reform act.  That act still applies to some offenders charged with sex offenses prior to July 1, 1984.

BACKGROUND CHECKS:  Background checks of prospective employees may be conducted for employers to be sure that prospective employees who have access to young children, the developmentally disabled, or vulnerable adults do not have a criminal history of sex offenses or other offenses against persons. Certified employees of school districts are excluded from the check.  Indecent exposure is not among the list of offenses that may be considered for dissemination to employers.  Background checks are good for two years even if a school district employee transfers to a different school district.

CRIME VICTIMS' COMPENSATION FUND:  The statute governing the Crime Victims' Compensation Fund (CVCF) imposes a statutory limit of available assistance to victims of $150,000 per victim.  Victims must report the crime within 72 hours to obtain funding under the program.  The CVCF is funded through the public safety and education account.  The crime victims' fund is operated by the Department of Labor and Industries.  "Victims" eligible for funding under the program are persons who suffer bodily injury or death as a proximate result of a criminal act of another person. Some victims who have assets above an amount that renders them eligible for public insurance have to "spend down" their assets to qualify for public insurance benefits. Except for medical benefits, no more than $15,000 may be granted for a single injury or death except that benefits for injuries that result in total permanent disability or death may not exceed $20,000. Benefits for total temporary disability may not exceed $10,000.

DEPARTMENT OF SOCIAL AND HEALTH SERVICES PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT:  DSHS, in consultation with the Department of Health, operates a grant program for shelters, which provide services to victims of domestic violence.  DSHS, with the cooperation of the criminal justice training commission, rape crisis centers, and the medical profession, coordinates a state- wide plan to provide services to victims of sexual assault.  The department gives financial assistance to rape crisis centers and facilitates and coordinates the dissemination of information to personnel in the fields relating to sexual assault.

SUMMARY:

SUBSTITUTE BILL:

VICTIM, WITNESS, AND POLICE NOTIFICATION PROGRAMS:  The victim/witness/police notification program that currently exists for adult violent and sex offenders is used as a model to create new notification programs involving offenders in the custody of the Department of Social and Health Services (DSHS). The department must notify victims and witnesses of the release of sex or violent offenders who are juveniles, or adults found not guilty by reason of insanity or incompetent to stand trial. Victims and witnesses must request notice, but the police do not have to request notice. The Department of Corrections (DOC) must expand its notification program to provide notice when a sex or violent offender is placed in community placement.  If the victim is under age 16, notice must be sent to the parents of the victim.

IMMUNITY FOR RELEASE OF INFORMATION:  Under certain circumstances, public employees and agencies are immune from civil liability for a discretionary decision to release information regarding juvenile sex offenders, and adult sex offenders committed to DSHS who are incompetent to stand trial, are insane, are sexual psychopaths, or who are committed under a new civil commitment statute for sexually violent predators.  The immunity applies if the employee acts without gross negligence and believes in good faith that the release was necessary to protect the public. The official must consider a number of factors before releasing the information to the public such as the seriousness of the offense, whether the offender's known victims included strangers, children, the developmentally or physically disabled or the elderly, the offender's criminal history and history of sexual deviancy, and the length of time the offender has been free in the community without being arrested, charged or convicted of a new sex offense. Numerous statutes containing confidentiality and disclosure requirements are amended to authorize the release of information under the above circumstances and to immunize the agency and employees from liability for releasing the information. The departments in control of sex offenders must prepare standardized "risk assessments" concerning offenders' potential risks to the community.  The departments must send the final risk assessment before an offender's release to the county prosecutor and law enforcement agency who investigated the case leading to commitment, and the local prosecutor and law enforcement agency where the offender will reside upon release.

SEALING OF JUVENILE RECORDS:  Any conviction for an adult felony nullifies the sealing order for a juvenile sex offense.  The offense may then be used to increase the offender's score for sentencing purposes as an adult.

INTERINSTITUTIONAL TRANSFER OF OFFENDERS:  The department in custody of an offender who is committed under the new civil commitment act for sexually violent predators must give the state patrol notice when transferring the person to another institution.  The state mental institution must also obtain the person's photograph, description, fingerprints, and other identification data.

STUDY OF CONFIDENTIALITY LAWS:  The governor shall study confidentiality laws and report to the Legislature by November 1, 1990, with recommendations regarding the release of information about dangerous offenders.

EARNED EARLY RELEASE ("GOOD TIME"):  The maximum amount of "good time" class A sex and serious violent offenders can earn is reduced from one-third to 15 percent of the sentence.  Serious violent offenders are offenders convicted of first or second degree murder, homicide by abuse, first degree rape, kidnapping, assault, or an attempt to commit one of those felonies.  The correctional agency may not credit the offender with credits in advance of the offender earning them.  The law is clarified that counties may award good time to offenders in county custody.

JUVENILE JUSTICE AMENDMENTS:  Juveniles convicted of certain sex offenses must be supervised for two years. If a juvenile convicted of one of these offenses violates conditions of supervision, the juvenile may be returned to custody for up to the remainder of the time left on the sentence rather than just 30 days.  The adult special sexual offender sentencing alternative is used as a model for a similar program for juveniles.  Juveniles convicted of certain sex offenses who have no prior history of sex offenses may be given a special sexual offender disposition alternative (SSODA) that includes a suspended sentence, supervision for two years, up to 30 days in custody, and treatment. The court must consider an expert's report on the offender's amenability to treatment and may order a second report.  The treating therapist must be certified by the Department of Health (DOH) as of July 1, 1991.  The offender may not change therapists without court approval.

The age requirement for setting a mandatory decline hearing to consider transferring a juvenile to adult court is lowered from age 16 to age 15 for juveniles charged with a class A sex offense.  The age requirement is lowered from age 17 to 16 for juveniles charged with certain other offenses. Juveniles subject to a mandatory decline hearing must bear the burden of proving that the juvenile should not be declined.

REGISTRATION OF SEX OFFENDERS: Adults or juveniles convicted of any sex offense must register with the county sheriff within 45 days of establishing residence or within 30 days of release from custody.  If the offender moves into a new county, the offender must register in the new county.  The sheriff must obtain fingerprints and a photograph.  Failure to register is a class C felony if the person was convicted of a class A sex offense, otherwise the failure is a gross misdemeanor. Registration applies to persons who commit sex offenses after the effective date of this provision, or who are released from jail or prison after the effective date of this provision following incarceration for a sex offense.

The Washington state patrol will maintain a central registry.

The court, the DOC, the jails, and the DOL will provide notice of the duty to register.

The duty to register will never end for offenders convicted of a class A sex offense, but the duty will end in 15 years for offenders convicted of a class B sex offense and within 10 years for class C offenders. The 10 and 15-year periods run only if the offenders remain in the community without conviction for any new offenses within that time period.

Any offender may petition the court to be relieved of the duty to register.

SEXUAL MOTIVATION IN CRIMINAL CASES:  The prosecutor must file a special allegation of sexual motivation in any case when sufficient evidence exists to justify a finding that the offense was sexually motivated.  "Sexual motivation" means the offense was committed for the purposes of sexual gratification. The trier of fact shall make a finding whether the act was sexually motivated.  The prosecutor may not dismiss the special allegation without court approval and the court must not approve the dismissal unless satisfied that the filing decision was made in error or that evidentiary problems exist that prevent proving the special allegation.  Sexually motivated offenses are included in the definition of "sex offenses."  The finding of sexual motivation may be an aggravating factor for an exceptional sentence and will trigger the same consequences as any other sex offense, such as higher offender points for subsequent sex offenses, civil commitment, and eligibility or ineligibility for SSOSA or SSODA.  The finding will also apply to juveniles.  Examples include assault with intent to commit rape and burglary with intent to commit rape. The state must prove beyond a reasonable doubt that the offense was committed with sexual motivation.

INCREASED STATUTORY MAXIMUMS: Second degree rape, second degree rape of a child, and first degree child molestation are raised from class B felonies to class A felonies.  Indecent exposure is raised to a class C felony if the exposure is to a child under age 14 and if the offender has previous convictions for exposure or a sex offense.

CRIMINAL SENTENCING:  The sentencing grid is amended to establish 15 seriousness levels rather than 14.  The revised Seriousness Level XI will have a mid-point of 7.5 years for a first-time offender and the new Seriousness Level XII will have a midpoint of nine years for first time offenders.  First Degree Assault is raised to Seriousness Level XII to maintain proportionality with the raises in first degree rape of a child and first degree rape.

The penalties are increased as follows for first time offenders: 7.5 years first degree rape and first degree rape of a child; five years for second degree rape of a child, second degree rape, and first degree child molestation; three years for indecent liberties with forcible compulsion; 18 months for second degree child molestation and indecent liberties without forcible compulsion; 12 months plus one day for third degree rape of a child; and, nine months for third degree child molestation and first degree sexual misconduct with a minor.

Other current sex offenses and prior adult and juvenile sex offenses will count three points for determining a sex offender's offender score.  If an adult sex offender has prior convictions for violent juvenile offenses with separate victims, the adjudications sentenced on the same day will count separately in the offender score.  All prior juvenile and adult sex offenses are included in the scoring of adult sex offenses.  Offenders who are convicted of two or more current serious violent offenses must serve consecutive sentences.

SPECIAL SEXUAL SENTENCING ALTERNATIVE FOR ADULTS ("SSOSA"):  When considering whether to impose a sentence under the special sexual offender sentencing alternative ("SSOSA") the court must consider the victim's opinion of whether the offender should receive the treatment disposition.  The group of offenders who are eligible for SSOSA is expanded to include offenders convicted of sexually motivated offenses unless the offenses are sex offenses that are also serious violent offenses.  The group of ineligible offenders is also expanded to sex offenders who have prior convictions for sexually motivated offenses.  Imposition of SSOSA for first-time offenders is discretionary for offenders with sentences up to eight years in length instead of six because of the increase in standard ranges.  The length of supervision is increased from up to two years to up to three years or the length of the suspended sentence, whichever is longer.  The offender must not change treatment providers without first notifying the court, community corrections officer, and the prosecutor, and must obtain court approval if the prosecutor and the community corrections officer object.  A "treatment termination" hearing is established to review the offender's progress in treatment three months before treatment will end to determine whether conditions of supervision should be modified, whether the offender should continue in treatment, or whether the offender should be revoked and sent to prison.  The court can order two evaluations. Sex offender therapists who examine and treat sex offenders under this sentencing alternative must be certified by the DOH by July 1, 1991.

SEX OFFENDER TREATMENT ALTERNATIVE IN PRISON:  The sex offender treatment option for prison inmates that allows the release of inmates before completion of their sentence is repealed for offenders who commit offenses after the effective date of this provision.

POST-RELEASE SUPERVISION:  The DOC must supervise sex and serious violent offenders for two years or up to the length of community placement, whichever is longer.

The DOC and the Indeterminate Sentence Review Board must give the greatest weight to public safety when making discretionary decisions regarding release and supervision of sexually violent prisoners.

CIVIL COMMITMENT:  A new civil commitment procedure is created for "sexually violent predators."  Sexually violent predators are offenders who are convicted or charged with a crime of sexual violence and who suffer from a mental abnormality that makes the person likely to engage in acts of sexual violence. "Mental abnormality" means a congenital or acquired condition affecting the emotional or volitional capacity, which predisposes the person to commit criminal sexual acts that makes the person a menace. "Predatory" means that the offender's acts are directed at strangers or people with whom a relationship was established for the primary purpose of victimization.  "Sexual Violence" is limited to the following crimes:  first degree rape, second degree rape if committed with forcible compulsion, statutory rape in the first or second degree, indecent liberties with forcible compulsion against a child under 14, incest with a child under 14, child molestation in the first or second degree, or if the crime was sexually motivated, then any act of murder in the first or second degree, assault in the first or second degree, kidnapping in the first or second degree, burglary in the first degree, residential burglary, or unlawful imprisonment.  An offender may be committed if the sentence for a sexually violent offense has or is about to end, or the person was charged with a sexually violent offense and was found not guilty by reason of insanity or incompetent to stand trial and is about to be released.  The civil commitment procedure applies to juveniles.

The prosecutor must file a petition for civil commitment.  A judge must review the petition and will determine whether probable cause exists to believe the offender is a sexually violent predator.  The person may then be arrested or detained.  The person will be evaluated to determine whether he or she is a sexually violent predator.  The person has a right to a jury trial on the issue.  The state must prove beyond a reasonable doubt that the offender is a sexually violent predator.  A person found to be a sexually violent predator will be committed to DSHS. The person is entitled to an examination of his or her mental status every year.  If the secretary of DSHS determines that the person no longer suffers from the mental abnormality so that the person is not likely to commit acts of sexual violence, then the secretary must authorize the person to petition the court for release.  The prosecutor may oppose the DSHS authorized petition but bears the burden of proof beyond a reasonable doubt.  The secretary must advise the person once a year that the person has the right to petition the court for release without the secretary's approval.  Unless the person affirmatively waives the right to petition, the court must set a show cause hearing on the issue. The committed person has a right to an attorney but not a right to be present at the hearing.  If the court determines that probable cause exists to believe the person should be released then the court will set the matter for trial and the state will bear the burden of proof beyond a reasonable doubt. The state can seek reimbursement from committed persons who are able to contribute to the cost of commitment. The court will review successive petitions by the confined person and deny the petition if the petition is frivolous or no reasonable grounds exist to believe the person should be released.

BACKGROUND CHECKS:  The list of prospective employees subject to background checks is expanded to cover certified employees of school districts. The new felony of indecent exposure is added to the list of crimes covered by background checks. School district employees who want to transfer from one school district to another may be subjected to another background check before two years is up.

VICTIMS' COMPENSATION FUND:  The crime victims' compensation program is transferred to the attorney general beginning July 1, 1990, to be completed by July 1, 1991. Victims will have 90 days instead of 72 hours to report a crime and still be eligible for victims' compensation, except adults who were victimized as children, who have 90 days to report the crime from the date they discovered or should have discovered the crime.  The department is to place the greatest weight on the needs of the victim when deciding whether the claim was made in time.  The "victims" covered by the program is expanded to include persons who suffer extreme emotional injury.  The cap of $150,000 is removed. Victims will not have to use their own assets to qualify for public medical insurance except for money recovered from civil or criminal restitution. All funds appropriated to the Department of Labor and Industries (L&I) will shift to the attorney general.  The fund will no longer be eligible for funding from the public safety and education account.

DEPARTMENT OF SOCIAL AND HEALTH SERVICES DOMESTIC VIOLENCE AND SEXUAL ASSAULT PROGRAMS:  DSHS programs for domestic violence and sexual assault victims are transferred to the attorney general's "office of crime victim services" beginning July 1, 1990, and ending July 1, 1991.  The office shall begin a new grant program for funding projects for victims of sexual assault.

SUBSTITUTE BILL COMPARED TO ORIGINAL: Provisions are added to the community notification provisions as follows: notice of an offender's release is to be sent to the parents of a victim under 16; public agencies and employees must consider a number of factors before becoming immune for releasing information about sex offenders; numerous express provisions authorizing release of information about offenders and express provisions granting immunity for release if the public agencies appropriately release the information; sexual psychopaths and persons committed as sexually violent predators are added to the list of offenders about whom public officials may release information; agencies must prepare risk assessments before releasing sex offenders and send the risk assessment to appropriate law enforcement officials; the purpose of the governor's study is defined.  Provisions are added to the earned early release provisions:  serious violent offenders will only be eligible for a 15 percent reduction in good time; agencies may not award good time in advance of the offender earning it; a technical correction clarifies that counties can award good time.  Provisions are added to the provisions on juvenile justice:  conviction as an adult for any felony nullifies the sealing order for juvenile sex offenses; juveniles who are given the special sexual offender disposition alternative must obtain detailed reports, may not change therapists without court approval, and therapists must be certified by July 1, 1991; juveniles subject to mandatory decline hearings bear the burden of proving that they should not be tried as adults. Provisions added to the sex offender registration provisions are as follows:  registration is retroactive to sex offenders who are in custody when the act becomes effective; officers in charge of jails and the DOL must provide notice of the registration requirement; the state patrol must reimburse the counties for the costs of registration at a local level.  Provisions regarding sexually motivated crimes are added as follows: the state must prove sexual motivation beyond a reasonable doubt; sexual motivation need only be one of the motivations for the crime.  Provisions regarding adult sentencing are added as follows:  adult sex offenders who want a special sexual offender sentencing alternative must obtain detailed reports; the court can order an additional report; the offender cannot change therapists without prior approval of the court; the offender must be placed on supervision for three years or the length of the suspended sentence, whichever is longer; a treatment termination hearing is established; and sex offender therapists must be certified by July 1, 1991.  Prior convictions for juvenile and adult sex offenses will always count in the offender score. Provisions regarding the new civil commitment proceeding are added as follows: mental abnormality is defined, a post-commitment review proceeding is established but also limited, persons must reimburse the state for the costs of commitment if possible, the procedure is clarified to ensure that proof of sexual motivation can apply to crimes committed prior to the effective date of the provision.  Technical amendments clarify various sections, in particular the background checks provisions. Funding is allocated for a SSOSA study.  The provisions for the CVCF and the creation of a grant program through the Department of Community Development (DCD) are stricken and replaced with a consolidation program of all victim services in an office of crime victim services to be under the attorney general. The CVCF is to be removed from L&I beginning July 1, 1990, and established in the office of crime victim services by July 1, 1991. The reporting time is increased from 72 hours but decreased from the proposed one year period.  The definition of victim is expanded to those who suffer emotional injury, the cap for grants for single injury or death is raised from $15,000 to $70,000, for total permanent disability from $20,000 to $80,000, and for temporary disability from $10,000 to $15,000. The CVCF fund will be ineligible for funding through the public safety and education account. The DSHS programs for victims of domestic violence and sexual assault are removed from the department and consolidated in the office of crime victim services. The grant proposal for victims of crime that the DCD would operate will be operated by the office of crime victim services.

   CHANGES PROPOSED BY COMMITTEE ON APPROPRIATIONS:  The administration of a standardized risk assessment model for the classification, supervision and treatment of individuals in the "custody" of the Department of Social and Health Services, Department of Corrections and Indeterminate Sentence Review Board following adjudication and again prior to release is replaced with a requirement that the Department of Corrections notify the appropriate county prosecutor whether civil commitment proceedings are necessary prior to the release of sex offenders convicted of crimes between July 1984 and July 1987.

A total of $2.8 million is appropriated to Children and Family Services for treatment services for child victims of sexual assault.  The $2.8 million includes $2.5 million for treatment services, $100,000 for a public education campaign on the importance and availability of treatment, and $200,000 for the development of mechanisms for early identification and treatment of child victims.

The bill specifies that various service organizations such as crises intervention centers are eligible to receive grants administered by the Department of Community Development (DCD).  Amendatory language also adds $400,000 to DCD for programs designed to prevent sexual assault.

Language creating the Office of Crime Victim Services (OCVS) within the office of the Attorney General is eliminated.  The transfer of several existing state crime victim programs (including the Crime Victims' Compensation, Victims of Domestic Violence, and Victims of Sexual Assault Programs) to OCVS is also eliminated.  Language creating the Office of Crime Victims' Advocacy within the Department of Community Development is restored.

Eligibility qualifications and maximum allowable benefit payouts under the Crime Victims' Compensation Program are returned to the same form as in the original Community Protection Task Force bill. Specifically, the language expanding the definition of "victim" to those who suffer emotional injury is eliminated; the increase in benefits payable to qualified persons or beneficiaries for partial disability, total disability, temporary disability, and death is eliminated;  language reducing the eligibility threshold for victims who are involved in vehicle-related crimes is eliminated; reductions in "gainful employment" requirements are eliminated; and certain restrictions on public insurance offset that were eliminated in the substitute bill are restored.

Language eliminating the cap on medical expense benefits is restored to the form present in the Task Force Bill.  The extension of the deadline by which victims must report a crime is lengthened to one year.

Appropriation:    The following appropriations are made from the general fund for the biennium ending June 30, 1991:

1.  $100,000 to DSHS for implementing the expanded victim/witness/police notification programs.

2. $2,850,000 to DSHS for the operational costs of the disposition and treatment alternatives for juvenile sex offenders.

3. $253,000 to the Washington State Patrol for the central sex offender registry and to reimburse local law enforcement for the cost of implementing the sex offender registry at the local level.

4.  $760,000 to the Attorney General to expand the homicide investigation and tracking system of serious violent crimes to include sex offenses.

5.  $1,328,000 to the DOC for operational costs associated with additional prison population due to increased penalties ($172,000), improvement in sex offender treatment ($1,107,000), and improvement in the computer systems to allow better access to DOC's information by the state patrol and local law enforcement ($49,000).

6. $1,875,000 to DSHS for the civil commitment process.  DSHS must reimburse counties for the cost of commitment actions.

7. $1,391,000 to DSHS for intensive voluntary supervision and treatment services for individuals who are at risk of committing sex offenses but who cannot be civilly committed or who are not incarcerated.  These funds are to used primarily for the developmentally disabled in need of those services.

8. $1,800,000 to DSHS to provide intensive treatment and other services to children who are victims of sexual abuse.  These funds are to be used primarily for juveniles who are at risk of becoming offenders and in need of residential treatment or intensive treatment and counseling.

9.  $327,000 to the DOC for the purpose of paying for polygraphs or plethysmographs for indigent sex offenders who are required to obtain those tests as conditions of release.

10.  $640,000 to the Washington State Institute for Public Policy to research and evaluate efforts to examine the effectiveness of victims' and sex offender programs, including treatment.  The institute will operate a grant program that must include awards for longitudinal and retrospective studies.  An advisory panel will decide who receives grant money that must be given to applicants from for-profit or non-profit organizations in addition to public universities. $140,000 is appropriated for a study of the special sexual offender sentencing alternative.

11.  $106,000 to DSHS to renovate an institutional cottage to house juvenile sex offenders.

12.  $991,000 to DSHS to construct residential facilities to house a capacity of 24 juvenile sex offenders; and

13.  $970,000 to L&I from the public education and safety account for the purposes of the crime victim's fund.

14.  $400,000 to the Department of Community Development for programs designed to prevent sexual assault.

15.  $2,800,000 to the Department of Social and Health Services for early detection and treatment of child victims of sexual assault or abuse.

16.  $2,813,000 to the Department of Community Development for:  (1) $213,000 for an office of crime victims program; (2) $2,500,000 for grants to community treatment programs for crime victims; (3) $100,000 for education of victims concerning their rights regarding crime victim compensation.

Fiscal Note:      Available.

Effective Date:The provisions concerning the creation of the victim/witness/police notification programs, the release of information about sex offenders, the registration of sex offenders, the development of the certification program for sex offender therapists, the civil commitment proceeding, and background checks are effective immediately.  The remaining provisions will take effect July 1, 1990.

House Committee ‑ Testified For:    (Judiciary)  Governor Booth Gardner; Norm Maleng and other members of the Governor's Task Force on Community Protection; Ida Balliosotes, Helen Harlow, Casey Carmody (in part), and other representatives of Friends of Diane; John Turner, Chief of Police of Montlake Terrace; Leo Poort, Legal Advisor, City of Seattle; Brother David, "Improve"; Pat Thibeadeau, Childhaven; Steve Norsen, Washington Community Mental Health Council; Beverly Emery, Lonnie Johns-Brown, Steve Eckstrom, Washington Coalition of Crime Victims Advocates; Joan Cole Duffell, Committee for Children; Deborah Senn, Westside Coalition Against Domestic Violence; Larry Fehr, Washington Council on Crime and Delinquency; Angie Vincent, Terri Ambhein, Tennis Shoe Brigade; Thelma Struck, Assistant secretary of DSHS; Dr. Vitols and David Westin, Western State Hospital; Joe Lehman, Department of Corrections; Attorney General Ken Eikenberry, Assistant Attorney General Doug Walsh, Assistant Attorney General Mike Grant (in favor in part, in part recommended adoption of attorney general's alternative proposals); Representative Evan Jones; Judge Patricia Aitken, King County Superior Court; Lucy Berliner Special Assault Center (recommendations concerning the special sexual sentencing alternative).

(Appropriations)  Norm Maleng, King County Prosecutor; Ida Ballasiotes, Community Protection Task Force; Paul Trause, Deputy Secretary, Department of Social & Health Services; Len McComb, Office of Financial Management (neutral); Chase Riveland, Department of Corrections (in favor of increased sentencing); Mark McDermott, Department of Labor & Industries (neutral); Ken Eikenberry, Attorney General (in favor in part); Jeralita Costa, Families & Friends; Py Bateman, Alternatives to Fear; Casey Carmody, Friends of Diane Ballasiotes; Angie Vincent, Tennis Shoe Brigade (read written statement by Helen Harlow); James Reardon, Washington State Psychiatric Association (in favor of increased sentencing, but against incarcerating sexual offenders in mental institutions); Brother David, Improve; Jean Ameluxen, Department of Community Development (neutral, in favor of programs being designed by members of the community rather than being placed under the control of DCD); Bev Emery, Washington Coalition of Sexual Assault Programs; Lonnie Johns-Brown, National Organization of Women; Bernice Bucheit, Association for the Mentally Ill of Washington State; and Steve Eckstrom, Washington Coalition of Crime Victim Advocates.

House Committee - Testified Against:      (Judiciary)  Steve Ross, Public Defenders; Kern Cleven, Washington Association of Criminal Defense Lawyers; James Reardon, Washington State Psychiatric Association; Professor John Lafond, University of Puget Sound Law School; Professor John-Henry Brown, University of Washington; Bill Salen, Public Defenders' Association.

(Appropriations)  James D. Reardon, M.D., Washington State Psychiatric Association.

House Committee - Testimony For:    (Judiciary)  The provisions are a well balanced and comprehensive attack on the serious problems of sexual abuse in our society. Those problems cause untold personal, economic, and societal losses each year.  The bill addresses criminal penalties, treatment, and release of information to help protect our communities.

(Appropriations)  The provisions are a well balanced and comprehensive attack on the serious problems of sexual abuse in our society.  Those problems cause untold personal, economic and societal losses each year.  The bill addresses criminal penalties, treatment and release of information to help protect our communities.  The substitute version effectively consolidates victims services in the Office of the Attorney General.

House Committee - Testimony Against:      (Judiciary)  The bill's provisions go farther than is necessary to protect the community.  Definitions are too broad, length of registration is too long, civil commitment may be unconstitutional and reach too many people who won't be dangerous and miss some who will be dangerous.

(Appropriations)  The bill's provisions go farther than is necessary to protect the community. Definitions are too broad, civil commitment may reach too many people who are not dangerous and will be ineffective in providing treatment that will change their future behavior once supervision ends.