AN ACT Relating to victims of crime, survivors, witnesses, and restitution; amending RCW 7.69.020, 7.69.030, 7.68.120, 7.69A.030, 9.94A.142, 10.77.150, 10.77.163, 10.77.165, 10.77.200, 13.40.205, 13.40.210, 9.94A.155, and 9.94A.156; and adding new sections to chapter 7.69 RCW.

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

Sec. 1. Section 2, chapter 145, Laws of 1981 as amended by section 2, chapter 443, Laws of 1985 and RCW 7.69.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Crime" means an act punishable as a felony, gross misdemeanor, or misdemeanor under the laws of this state or equivalent federal or local law.

(2) "Survivor" or "survivors" of a victim of crime means a spouse, child, parent, legal guardian, sibling, ((or)) grandparent, or person designated by the prosecuting attorney. If there is more than one survivor of a victim of crime, one survivor shall be designated by the prosecutor to represent all survivors for purposes of providing the notice to survivors required by this chapter.

(3) "Victim" means a person against whom a crime has been committed or the representative of a person against whom a crime has been committed.

(4) "Victim impact statement" means a statement submitted to the court by the victim or a survivor, individually or with the assistance of the prosecuting attorney if assistance is requested by the victim or survivor, which may include but is not limited to information assessing the financial, medical, social, and psychological impact of the offense upon the victim or survivors.

(5) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution in a criminal action, or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has been commenced.

NEW SECTION. Sec. 2. A new section is added to chapter 7.69 RCW to read as follows:

Victims, survivors of victims, and witnesses of crime shall have the right to have any stolen or other personal property, except weapons, contraband, or property subject to evidentiary analyses, and property of which ownership is disputed, photographed and expeditiously returned to the owner when no longer needed for evidentiary purposes. Upon return of the property, the owner shall complete an affidavit declaring that any photographs taken of his or her property accurately depict that property. If that property is not so returned, the owner may petition the court for return of the property. Law enforcement officers taking possession of such property shall inform the property owner of his or her rights under this section.

Sec. 3. Section 3, chapter 145, Laws of 1981 as amended by section 3, chapter 443, Laws of 1985 and RCW 7.69.030 are each amended to read as follows:

((~~There shall be a reasonable effort made to ensure that~~)) Victims, and survivors of victims((~~, and witnesses of crimes~~)) shall have the following rights:

(1) ((~~To be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim, survivor, or witness is involved;~~

(2) To be notified by the party who issued the subpoena that a court proceeding to which they have been subpoenaed will not occur as scheduled, in order to save the person an unnecessary trip to court;

(3) To receive protection from harm and threats of harm arising out of cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;

~~(4) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;~~

~~(5) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;~~

(6) To have any stolen or other personal property expeditiously returned by law enforcement agencies or the superior court when no longer needed as evidence. When feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property of which ownership is disputed, shall be photographed and returned to the owner within ten days of being taken;

(7) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;

(8) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance;

(9) With respect to victims and survivors of victims, to be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial after testifying and not to be excluded solely because they have testified;

(10) With respect to victims and survivors of victims, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing hearing for felony convictions upon request by a victim or survivor;

(11) To submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;

~~(12) With respect to victims and survivors of victims, to present a statement personally or by representation, at the sentencing hearing for felony convictions; and~~

(13) With respect to victims and survivors of victims, to entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment.)) In felony cases upon request of the victim or survivor, to be informed by the prosecuting attorney of the date, time, and place of the trial and of the sentencing or restitution hearing;

(2) To be physically present in court during trial, or if subpoenaed to testify, to be scheduled as early as practical in the proceedings in order to be physically present during trial;

(3) To object to a pretrial interview conducted by a pro se defendant and have the pretrial interview supervised by the court;

(4) To have a person of choice present when being interviewed by the defendant, defense attorney, defense investigator, or prosecuting attorney, to have the interview conducted in a place mutually agreed upon by the persons involved, and for a reasonable duration. Prior to conducting such interview, the interviewer shall inform the victim or survivor, of his or her right to have a person of choice present when being interviewed;

(5) To have the court consider and give weight to the victim's or survivor's privacy rights in records, including, but not limited to, school, personal, medical, and counseling records, before granting any party access to the records of the victim or survivor;

(6) In noncapital felony cases, to submit a victim impact statement or report to the court, with the assistance of the prosecuting attorney if requested, which shall be included in all presentence reports and permanently included in the files and records accompanying the offender committed to the custody of a state agency or institution;

(7) To present a statement personally or by representation at the sentencing hearing for felony convictions;

(8) To entry of an order of restitution by the court in all felony cases, even when the offender is sentenced to confinement, unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment;

(9) Upon request to the appropriate agency by victims or survivors of a violent offense or a sex offense, as those terms are defined in RCW 9.94A.030:

(a) To be notified of and have an opportunity to submit oral or written comment to any hearing to determine parolability pursuant to RCW 9.95.100 with respect to any person convicted of the offense as an adult;

(b) To be notified and have an opportunity to submit written comment with respect to a nonescorted furlough and the transfer to work training release or community placement of any person convicted of the offense as an adult;

(c) To be notified and have an opportunity to submit comment before any juvenile found guilty of having committed the offense is released, furloughed, or transferred to a community placement;

(d) To be notified and have an opportunity to comment before any person found not guilty of the offense by reason of insanity or found incompetent to stand trial for such offense is released, furloughed, or transferred to a community placement;

(e) To be notified of the escape from custody of any person described in (a), (b), (c), or (d) of this subsection.

The notification required by (a), (b), (c), and (d) of this subsection shall be mailed to the victim or survivor who has requested the same at least ten calendar days in advance of the contemplated action by first class mail addressed to the last known address of the victim or survivor. The notification required by (e) of this subsection shall be made by the most reasonable and expedient means available, including immediate notification by telephone if possible.

The request for notification by a victim or survivor shall be transferred to the appropriate agency if the violent or sex offender is transferred from a department of social and health services facility to a department of corrections facility or from a department of corrections facility to a department of social and health services facility; and

(10) Additional costs to local governments occasioned by this section shall be borne by the public safety and education account.

NEW SECTION. Sec. 4. A new section is added to chapter 7.69 RCW to read as follows:

At a sentencing or restitution hearing of a convicted felony defendant, the sentencing judge shall, on the record, ascertain whether the victim, survivor, or a representative of the victim or survivor has been notified of his or her right to be informed of the sentencing or restitution hearing and whether a reasonable effort has been made to so notify the victim, survivor, or representative requesting such notification. If the prosecuting attorney cannot certify on the record that the victim, survivor, or representative was informed of his or her right to be notified of the hearing, and that a reasonable effort was made to so notify, the restitution or sentencing hearing shall be rescheduled and notification of the new date sent to the victim, survivor, or representative requesting notification.

NEW SECTION. Sec. 5. A new section is added to chapter 7.69 RCW to read as follows:

A reasonable effort shall be made to ensure that victims, survivors of victims, and witnesses of crimes have the following rights:

(1) To have the court take appropriate action to ensure a speedy trial in order to minimize the length of time the victim or survivor must endure the stress of involvement in the proceeding. In ruling on any motion or other request for a delay or a continuance of the proceedings, the court may consider and give weight to any adverse impact the delay or continuance may have on the well-being of the victim or survivor;

(2) To be informed of the procedure to be followed to apply for and receive any witness fees to which they are entitled;

(3) To be provided, whenever practical, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families or friends of defendants;

(4) To be provided with appropriate employer intercession services to ensure that employers of victims, survivors of victims, and witnesses of crime will cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearance;

(5) To access to immediate medical assistance and not to be detained for an unreasonable length of time by a law enforcement agency before having such assistance administered. However, an employee of the law enforcement agency may, if necessary, accompany the person to a medical facility to question the person about the criminal incident if the questioning does not hinder the administration of medical assistance.

Sec. 6. Section 12, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.120 are each amended to read as follows:

Any person who has committed a criminal act which resulted in injury compensated under this chapter may be required to make reimbursement to the department as hereinafter provided.

(1) Any payment of benefits to or on behalf of a victim under this chapter creates a debt due and owing to the department by any person found to have committed such criminal act in either a civil or criminal court proceeding in which he or she is a party: PROVIDED, That where there has been a superior or district court order, or an order of the ((~~board of prison terms and paroles~~)) indeterminate sentence review board or the department of social and health services, as hereinafter provided, the debt shall be limited to the amount provided for in said order. A court order shall prevail over any other order. Where a court has ordered restitution payable to the department of labor and industries for claim costs, the department may pursue the remedies for enforcement of said order of restitution established in RCW 9.94A.142(3).

(2) Upon being placed on work release pursuant to chapter 72.65 RCW, or upon release from custody of a state correctional facility on parole, any convicted person who owes a debt to the department as a consequence of a criminal act may have the schedule or amount of payments therefor set as a condition of work release or parole by the department of social and health services or ((~~board of prison terms and paroles~~)) indeterminate sentence review board respectively, subject to modification based on change of circumstances. Such action shall be binding on the department.

(3) Any requirement for payment due and owing the department by a convicted person under this chapter may be waived, modified downward or otherwise adjusted by the department in the interest of justice and the rehabilitation of the individual.

Sec. 7. Section 3, chapter 394, Laws of 1985 and RCW 7.69A.030 are each amended to read as follows:

In addition to the rights of victims and witnesses provided for in RCW 7.69.030, there shall be every reasonable effort made by law enforcement agencies, prosecutors, and judges to assure that child victims and witnesses are afforded the rights enumerated in this section. The enumeration of rights shall not be construed to create substantive rights and duties, and the application of an enumerated right in an individual case is subject to the discretion of the law enforcement agency, prosecutor, or judge. Child victims and witnesses have the following rights:

(1) To have explained in language easily understood by the child, all legal proceedings and/or police investigations in which the child may be involved.

(2) To be provided, whenever possible, a secure waiting area during court proceedings and to have an advocate or support person remain with the child prior to and during any court proceedings.

(3) To not have the names, addresses, nor photographs of the living child victim or witness disclosed by any law enforcement agency, prosecutor's office, or state agency without the permission of the child victim, or child witness((,)) and parents, or legal guardians to anyone except another law enforcement agency, prosecutor, defense counsel, or private or governmental agency that provides services to the child victim or witness.

(4) To allow an advocate to make recommendations to the prosecuting attorney about the ability of the child to cooperate with prosecution and the potential effect of the proceedings on the child.

(5) To allow an advocate to provide information to the court concerning the child's ability to understand the nature of the proceedings.

(6) To be provided information or appropriate referrals to social service agencies to assist the child and/or the child's family with the emotional impact of the crime, the subsequent investigation, and judicial proceedings in which the child is involved.

(7) To allow an advocate to be present when a child is interviewed by a defendant, defense attorney, defense investigator, or prosecuting attorney, to have the interview conducted in a place mutually agreed upon by the persons involved, and for a reasonable duration.

(8) To allow an advocate to be present in court while the child testifies in order to provide emotional support to the child.

((~~(8)~~)) (9) To provide information to the court as to the need for the presence of other supportive persons at the court proceedings while the child testifies in order to promote the child's feelings of security and safety.

((~~(9)~~)) (10) To allow law enforcement agencies the opportunity to enlist the assistance of other professional personnel such as child protection services, victim advocates or prosecutorial staff trained in the interviewing of the child victim.

Sec. 8. Section 10, chapter 443, Laws of 1985 as amended by section 4, chapter 281, Laws of 1987 and RCW 9.94A.142 are each amended to read as follows:

(1) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within sixty days and shall set the terms and conditions under which the defendant shall make restitution. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. For the purposes of this section, the offender shall remain under the court's jurisdiction for a maximum term of ten years subsequent to the imposition of sentence. The portion of the sentence concerning restitution may be modified as to amount, terms and conditions during the ten-year period, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum for the crime. The offender's compliance with the restitution shall be supervised by the department.

(2) Restitution shall be ordered whenever the offender is convicted of an offense which results in injury to any person or damage to or loss of property unless extraordinary circumstances exist which make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

(3) Such order of restitution entered after July 1, 1989, may be enforced in the same manner as a judgment in a civil action by the person(s), agency, or corporation to whom restitution has been ordered paid. Such order of restitution shall not act as a bar to any other civil remedies available under law. Said order of restitution shall earn interest from date of entry, and the person, agency, or corporation in whose favor the order of restitution is entered, shall be entitled to reasonable attorneys' fees as a result of enforcing said order.

(4) In addition to any sentence that may be imposed, a defendant who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

((~~(4)~~)) (5) This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant.

((~~(5)~~)) (6) This section, except subsection (3) of this section, shall apply to offenses committed after July 1, 1985.

Sec. 9. Section 15, chapter 117, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 112, Laws of 1982 and RCW 10.77.150 are each amended to read as follows:

(1) Persons examined pursuant to RCW 10.77.140, as now or hereafter amended, may make application to the secretary for conditional release. The secretary shall, after considering the reports of experts or professional persons conducting the examination pursuant to RCW 10.77.140, forward to the court of the county which ordered his or her commitment the person's application for conditional release as well as his or her recommendations concerning the application and any proposed terms and conditions upon which he or she reasonably believes the person can be conditionally released. Upon request, the secretary shall also notify the victim of a violent or sex offense or the survivor of a homicide victim of the application for conditional release and of any court hearing scheduled in the matter no later than ten days prior to the scheduled court hearing. Conditional release may also contemplate partial release for work, training, or educational purposes.

(2) The court of the county which ordered his or her commitment, upon receipt of an application for conditional release with the secretary's recommendation for conditional release, shall within thirty days schedule a hearing. The court may schedule a hearing on applications recommended for disapproval by the secretary. The prosecuting attorney shall represent the state at such hearings and shall have the right to have the patient examined by an expert or professional person of his or her choice. If the committed person is indigent, and he or she so requests, the court shall appoint a qualified expert or professional person to examine him or her on his or her behalf. The issue to be determined at such a hearing is whether or not the person may be released conditionally without substantial danger to other persons, or substantial likelihood of committing felonious acts jeopardizing public safety or security. The court, after the hearing, shall rule on the secretary's recommendations, and if it disapproves of conditional release, may do so only on the basis of substantial evidence. The court may modify the suggested terms and conditions on which the person is to be conditionally released. Pursuant to the determination of the court after hearing, the committed person shall thereupon be released on such conditions as the court determines to be necessary, or shall be remitted to the custody of the secretary.

(3) If the court determines that receiving regular or periodic medication or other medical treatment shall be a condition of the committed person's release, then the court shall require him or her to report to a physician or other person for the medication or treatment. In addition to submitting any report required by RCW 10.77.160, the physician or other person shall immediately upon the released person's failure to appear for the medication or treatment report the failure to the court and to the prosecuting attorney of the county in which the released person was committed.

(4) Any person, whose application for conditional release has been denied, may reapply after a period of six months from the date of denial.

Sec. 10. Section 2, chapter 122, Laws of 1983 and RCW 10.77.163 are each amended to read as follows:

The superintendent of each state institution designated for the custody, care, and treatment of the criminally insane shall notify appropriate law enforcement agencies through the state patrol communications network and, upon request, shall notify victims of violent or sex offenses or survivors of homicide victims of the furloughs of persons committed under RCW 10.77.090 or 10.77.110. Notification shall be made at least forty-eight hours before the furlough, and shall include the name of the person, the place to which the person has permission to go, and the dates and times during which the person will be on furlough. For emergency furloughs, forty-eight hours notice is not required, but notice shall be made before the departure.

Sec. 11. Section 3, chapter 122, Laws of 1983 and RCW 10.77.165 are each amended to read as follows:

In the event of an escape by a criminally insane person from a state institution or the disappearance of such a person on conditional release, the superintendent shall by the most reasonable and expedient means available notify as appropriate, local law enforcement officers, other governmental agencies, the person's relatives, and upon request, victims of violent or sex offenses, survivors of homicide victims, and any other appropriate persons about information necessary for the public safety or to assist in the apprehension of the person.

Sec. 12. Section 20, chapter 117, Laws of 1973 1st ex. sess. as last amended by section 2, chapter 25, Laws of 1983 and RCW 10.77.200 are each amended to read as follows:

(1) Upon application by the criminally insane or conditionally released person, the secretary shall determine whether or not reasonable grounds exist for final discharge. If the secretary approves the final discharge he or she then shall authorize said person to petition the court.

(2) The petition shall be served upon the court and the prosecuting attorney. The court, upon receipt of the petition for final discharge, shall within forty-five days order a hearing. Continuance of the hearing date shall only be allowed for good cause shown. The prosecuting attorney shall represent the state, and shall have the right to have the petitioner examined by an expert or professional person of his or her choice. If the petitioner is indigent, and he or she so requests, the court shall appoint a qualified expert or professional person to examine him or her. The hearing shall be before a jury if demanded by either the petitioner or the prosecuting attorney. The burden of proof shall be upon the petitioner to show by a preponderance of the evidence that the petitioner may be finally discharged without substantial danger to other persons, and without presenting a substantial likelihood of committing felonious acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

(3) Nothing contained in this chapter shall prohibit the patient from petitioning the court for final discharge or conditional release from the institution in which he or she is committed. The issue to be determined on such proceeding is whether the petitioner is a substantial danger to other persons, or presents a substantial likelihood of committing felonious acts jeopardizing public safety or security, unless kept under further control by the court or other persons or institutions.

Nothing contained in this chapter shall prohibit the committed person from petitioning for release by writ of habeas corpus.

(4) Upon request by the victim of a violent or sex offense or the survivor of a homicide victim, the petition for final discharge and notification of the hearing shall be provided to the victim or survivor no later than ten days before the scheduled hearing.

NEW SECTION. Sec. 13. A new section is added to chapter 10.77 RCW. to read as follows:

The secretary shall provide the victim of a violent or sex offense or the survivor of a homicide victim a statement of the victim's or survivor's rights to request and receive notification under this chapter. Violent and sex offenses are defined in RCW 9.94A.030. Survivor of a homicide victim is defined in chapter 7.69 RCW.

Sec. 14. Section 10, chapter 191, Laws of 1983 and RCW 13.40.205 are each amended to read as follows:

(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

(a) Sixty percent of the minimum term of confinement has been served; and

(b) The purpose of the leave is to enable the juvenile:

(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

(iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

(3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

(5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.

(6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

(7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

(8) If requested by the juvenile's victim or the ((~~victim's immediate family prior to confinement~~)) survivor of a homicide victim, the secretary shall give notice of any leave to the victim or ((~~the victim's immediate family~~)) survivor.

(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

(10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community service, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.

Sec. 15. Section 75, chapter 291, Laws of 1977 ex. sess. as last amended by section 4, chapter 505, Laws of 1987 and RCW 13.40.210 are each amended to read as follows:

(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, as now or hereafter amended, set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter: PROVIDED, That days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the end of each calendar year if any such early releases have occurred during that year as a result of excessive in-residence population. In no event shall a serious offender, as defined in RCW 13.40.020(1) be granted release under the provisions of this subsection.

(3) Following the juvenile's release pursuant to subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months. Such a parole program shall be mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address; and (e) refrain from committing new offenses. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (a) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; and (d) imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision.

(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest such person.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

(7) If requested by the juvenile's victim or the survivor of a homicide victim, the secretary shall give notice of the release to the victim or survivor no later than ten days prior to release.

NEW SECTION. Sec. 16. A new section is added to chapter 13.40 RCW to read as follows:

The secretary shall provide the juvenile's victim or the survivor of a homicide victim a statement of their rights to request and receive notification under RCW 13.40.205 and 13.40.210. Survivor of a homicide victim is defined in chapter 7.69 RCW.

Sec. 17. Section 1, chapter 346, Laws of 1985 and RCW 9.94A.155 are each amended to read as follows:

(1) At the earliest possible date, and in no event later than ten days before release except in the event of escape or emergency furloughs as defined in RCW 72.66.010, the department of corrections shall send written notice of parole, work release placement, furlough, or escape, if such notice has been requested in writing about a specific inmate convicted of a violent or sex offense, to all of the following:

(a) The chief of police of the city, if any, in which the inmate will reside, if known, or in which placement will be made in a work release program;

(b) The sheriff of the county in which the inmate will reside, if known, or in which placement will be made in a work release program;

(c) The victim, if any, of the crime for which the inmate was convicted or the survivor of a homicide victim((~~'s next of kin if the crime was a homicide~~));

(d) Any witnesses who testified against the inmate in any court proceedings involving the violent offense; and

(e) Any person specified in writing by the prosecuting attorney.

!ixInformation regarding victims, ((~~next of kin~~)) survivors of homicide victims, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the inmate.

(2) If an inmate convicted of a violent or sex offense escapes from a correctional facility, the department of corrections shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the inmate resided immediately before the inmate's arrest and conviction. If previously requested, the department shall also notify the witnesses and the victim, if any, of the crime for which the inmate was convicted or the survivor of a homicide victim((~~'s next of kin if the crime was a homicide~~)). If the inmate is recaptured, the department shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

(3) The department of corrections shall send the notices required by this chapter to the last address provided to the department by the requesting party. Except, in the case of an escape, notification to the victim or survivor shall be by telephone if possible. The requesting party shall furnish the department with a current address.

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

(a) "Violent or sex offense" means a violent or sex offense under RCW 9.94A.030;

(b) ((~~"Next of kin" means a person's spouse, parents, siblings and children~~)) Survivor of a homicide victim is defined in chapter 7.69 RCW.

(5) Nothing in this section shall impose any liability upon a chief of police of a city or sheriff of a county for failing to request in writing a notice as provided in subsection (1) of this section.

Sec. 18. Section 2, chapter 346, Laws of 1985 and RCW 9.94A.156 are each amended to read as follows:

The department of corrections shall provide the victims ((~~and next of kin in the case of a homicide~~)), survivors of a homicide victim, and witnesses involved in violent offense and sex offense cases where a judgment and sentence was entered after October 1, 1983, a statement of the rights of victims and witnesses to request and receive notification under RCW 9.94A.155 and 9.94A.157.