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                                             ENGROSSED HOUSE BILL 1238

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State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives R. Johnson, Ballasiotes, Ludwig, King, Karahalios, Johanson, Jones, Sheahan, Schoesler, Brumsickle, Roland, Long, Flemming, Horn, Mielke, Tate, Wood, Kremen, Foreman and Pruitt; by request of Department of Social and Health Services

Read first time 01/20/93.  Referred to Committee on Corrections.

Requiring notice be given to various parties before release from confinement of a juvenile who has committed stalking.

          AN ACT Relating to notification to victims, witnesses, and the community of a change in the confinement status of juvenile offenders; and amending RCW 13.40.215.

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

        Sec. 1.  RCW 13.40.215 and 1990 c 3 s 101 are each amended to read as follows:

          (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than ten days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense ((or)), a sex offense, or stalking, to the following:

          (i) The chief of police of the city, if any, in which the juvenile will reside; and

          (ii) The sheriff of the county in which the juvenile will reside.

          (b) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

          (i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

          (ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

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

Information regarding victims, next of kin, 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 juvenile.  The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

          (2)(a) If a juvenile found to have committed a violent offense ((or)), a sex offense, or stalking escapes from a facility of the department, the secretary 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 juvenile resided immediately before the juvenile's arrest.  If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide.  If the juvenile is recaptured, the secretary 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.

          (b) The secretary may authorize a leave, for a juvenile found to have committed a violent ((or)) offense, a sex offense, or stalking, 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 time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department.  Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be 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.  If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

          In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

          (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

          (4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party.  The requesting party shall furnish the department with a current address.

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

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

          (b) "Sex offense" means a sex offense under RCW 9.94A.030;

          (c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;

(d) "Next of kin" means a person's spouse, parents, siblings, and children.

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