AN
ACT Relating to schools; amending RCW 13.40.160, 13.40.215, 28A.225.225,
28A.600.010, 28A.600.420, 28A.205.020, and 28A.205.080; adding a new section to
chapter 28A.150 RCW; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.160 and 1995 c 395 s 7 are each amended to read as follows:
(1)
When the respondent is found to be a serious offender, the court shall commit
the offender to the department for the standard range of disposition for the
offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as
provided in subsections (5) and (6) of this section.
If
the court concludes, and enters reasons for its conclusion, that disposition
within the standard range would effectuate a manifest injustice the court shall
impose a disposition outside the standard range, as indicated in option B of
schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall
be supported by clear and convincing evidence.
A
disposition outside the standard range shall be determinate and shall be
comprised of confinement or community supervision, or a combination thereof.
When a judge finds a manifest injustice and imposes a sentence of confinement
exceeding thirty days, the court shall sentence the juvenile to a maximum term,
and the provisions of RCW 13.40.030(2) shall be used to determine the range. A
disposition outside the standard range is appealable under RCW 13.40.230 by the
state or the respondent. A disposition within the standard range is not
appealable under RCW 13.40.230.
(2)
Where the respondent is found to be a minor or first offender, the court shall
order that the respondent serve a term of community supervision as indicated in
option A or option B of schedule D-1, RCW 13.40.0357 except as provided in
subsections (5) and (6) of this section. If the court determines that a
disposition of community supervision would effectuate a manifest injustice the
court may impose another disposition under option C of schedule D-1, RCW
13.40.0357. Except as provided in subsection (5) of this section, a
disposition other than a community supervision may be imposed only after the
court enters reasons upon which it bases its conclusions that imposition of
community supervision would effectuate a manifest injustice. When a judge
finds a manifest injustice and imposes a sentence of confinement exceeding
thirty days, the court shall sentence the juvenile to a maximum term, and the
provisions of RCW 13.40.030(2) shall be used to determine the range. The
court's finding of manifest injustice shall be supported by clear and
convincing evidence.
Except
for disposition of community supervision or a disposition imposed pursuant to
subsection (5) of this section, a disposition may be appealed as provided in
RCW 13.40.230 by the state or the respondent. A disposition of community
supervision or a disposition imposed pursuant to subsection (5) of this section
may not be appealed under RCW 13.40.230.
(3)
Where a respondent is found to have committed an offense for which the
respondent declined to enter into a diversion agreement, the court shall impose
a term of community supervision limited to the conditions allowed in a
diversion agreement as provided in RCW 13.40.080(2).
(4)
If a respondent is found to be a middle offender:
(a)
The court shall impose a determinate disposition within the standard range(s)
for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357
except as provided in subsections (5) and (6) of this section. If the standard
range includes a term of confinement exceeding thirty days, commitment shall be
to the department for the standard range of confinement; or
(b)
If the middle offender has less than 110 points, the court shall impose a
determinate disposition of community supervision and/or up to thirty days
confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 in which
case, if confinement has been imposed, the court shall state either aggravating
or mitigating factors as set forth in RCW 13.40.150. If the middle offender
has 110 points or more, the court may impose a disposition under option A and
may suspend the disposition on the condition that the offender serve up to
thirty days of confinement and follow all conditions of community supervision.
If the offender violates any condition of the disposition including conditions
of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200
or may revoke the suspension and order execution of the disposition. The court
shall give credit for any confinement time previously served if that
confinement was for the offense for which the suspension is being revoked.
(c)
Only if the court concludes, and enters reasons for its conclusions, that
disposition as provided in subsection (4)(a) or (b) of this section would
effectuate a manifest injustice, the court shall sentence the juvenile to a
maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine
the range. The court's finding of manifest injustice shall be supported by
clear and convincing evidence.
(d)
A disposition pursuant to subsection (4)(c) of this section is appealable under
RCW 13.40.230 by the state or the respondent. A disposition pursuant to
subsection (4)(a) or (b) of this section is not appealable under RCW 13.40.230.
(5)
When a serious, middle, or minor first offender is found to have committed a
sex offense, other than a sex offense that is also a serious violent offense as
defined by RCW 9.94A.030, and has no history of a prior sex offense, the court,
on its own motion or the motion of the state or the respondent, may order an
examination to determine whether the respondent is amenable to treatment.
The
report of the examination shall include at a minimum the following: The
respondent's version of the facts and the official version of the facts, the
respondent's offense history, an assessment of problems in addition to alleged
deviant behaviors, the respondent's social, educational, and employment
situation, and other evaluation measures used. The report shall set forth the
sources of the evaluator's information.
The
examiner shall assess and report regarding the respondent's amenability to
treatment and relative risk to the community. A proposed treatment plan shall
be provided and shall include, at a minimum:
(a)(i)
Frequency and type of contact between the offender and therapist;
(ii)
Specific issues to be addressed in the treatment and description of planned
treatment modalities;
(iii)
Monitoring plans, including any requirements regarding living conditions,
lifestyle requirements, and monitoring by family members, legal guardians, or
others;
(iv)
Anticipated length of treatment; and
(v)
Recommended crime-related prohibitions.
The
court on its own motion may order, or on a motion by the state shall order, a
second examination regarding the offender's amenability to treatment. The
evaluator shall be selected by the party making the motion. The defendant
shall pay the cost of any second examination ordered unless the court finds the
defendant to be indigent in which case the state shall pay the cost.
After
receipt of reports of the examination, the court shall then consider whether
the offender and the community will benefit from use of this special sex
offender disposition alternative and consider the victim's opinion whether the
offender should receive a treatment disposition under this section. If the
court determines that this special sex offender disposition alternative is
appropriate, then the court shall impose a determinate disposition within the
standard range for the offense, and the court may suspend the execution of the
disposition and place the offender on community supervision for up to two
years. As a condition of the suspended disposition, the court may impose the conditions
of community supervision and other conditions, including up to thirty days of
confinement and requirements that the offender do any one or more of the
following:
(b)(i)
Devote time to a specific education, employment, or occupation;
(ii)
Undergo available outpatient sex offender treatment for up to two years, or
inpatient sex offender treatment not to exceed the standard range of
confinement for that offense. A community mental health center may not be used
for such treatment unless it has an appropriate program designed for sex
offender treatment. The respondent shall not change sex offender treatment
providers or treatment conditions without first notifying the prosecutor, the
probation counselor, and the court, and shall not change providers without
court approval after a hearing if the prosecutor or probation counselor object
to the change;
(iii)
Remain within prescribed geographical boundaries and notify the court or the
probation counselor prior to any change in the offender's address, educational
program, or employment;
(iv)
Report to the prosecutor and the probation counselor prior to any change in a
sex offender treatment provider. This change shall have prior approval by the
court;
(v)
Report as directed to the court and a probation counselor;
(vi)
Pay all court-ordered legal financial obligations, perform community service,
or any combination thereof;
(vii)
Make restitution to the victim for the cost of any counseling reasonably
related to the offense; ((or))
(viii)
Comply with the conditions of any court-ordered probation bond; or
(ix)
The court shall order that the offender may not attend the public or approved
private elementary, middle, or high school attended by the victim or the
victim's siblings. The parents or legal guardians of the offender are
responsible for transportation or other costs associated with the offender's change
of school that would otherwise be paid by the school district. The court shall
send notice of the disposition and restriction on attending the same school as
the victim or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved private schools
and the public school district board of directors of the district in which the
juvenile resides or intends to reside. This notice must be sent at the
earliest possible date but not later than ten calendar days after entry of the
disposition.
The
sex offender treatment provider shall submit quarterly reports on the
respondent's progress in treatment to the court and the parties. The reports
shall reference the treatment plan and include at a minimum the following:
Dates of attendance, respondent's compliance with requirements, treatment
activities, the respondent's relative progress in treatment, and any other
material specified by the court at the time of the disposition.
At
the time of the disposition, the court may set treatment review hearings as the
court considers appropriate.
Except
as provided in this subsection (5), after July 1, 1991, examinations and
treatment ordered pursuant to this subsection shall only be conducted by sex offender
treatment providers certified by the department of health pursuant to chapter
18.155 RCW. A sex offender therapist who examines or treats a juvenile sex
offender pursuant to this subsection does not have to be certified by the
department of health pursuant to chapter 18.155 RCW if the court finds that:
(A) The offender has already moved to another state or plans to move to another
state for reasons other than circumventing the certification requirements; (B)
no certified providers are available for treatment within a reasonable
geographical distance of the offender's home; and (C) the evaluation and
treatment plan comply with this subsection (5) and the rules adopted by the
department of health.
If
the offender violates any condition of the disposition or the court finds that
the respondent is failing to make satisfactory progress in treatment, the court
may revoke the suspension and order execution of the disposition or the court
may impose a penalty of up to thirty days' confinement for violating conditions
of the disposition. The court may order both execution of the disposition and
up to thirty days' confinement for the violation of the conditions of the
disposition. The court shall give credit for any confinement time previously
served if that confinement was for the offense for which the suspension is
being revoked.
For
purposes of this section, "victim" means any person who has sustained
emotional, psychological, physical, or financial injury to person or property
as a direct result of the crime charged. "Victim" may also include a
known parent or guardian of a victim who is a minor child unless the parent or
guardian is the perpetrator of the offense.
(6)
RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of
possessing a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii)
or any crime in which a special finding is entered that the juvenile was armed
with a firearm.
(7)
Whenever a juvenile offender is entitled to credit for time spent in detention
prior to a dispositional order, the dispositional order shall specifically
state the number of days of credit for time served.
(8)
Except as provided for in subsection (4)(b) or (5) of this section or RCW
13.40.125, the court shall not suspend or defer the imposition or the execution
of the disposition.
(9)
In no case shall the term of confinement imposed by the court at disposition
exceed that to which an adult could be subjected for the same offense.
Sec.
2. RCW
13.40.215 and 1995 c 324 s 1 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 thirty 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, a sex offense, or stalking, to the following:
(i)
The chief of police of the city, if any, in which the juvenile will reside;
(ii)
The sheriff of the county in which the juvenile will reside; and
(iii)
The approved private schools and the common school district board of directors
of the district in which the juvenile intends to reside or the approved private
school or public school district in which the juvenile last attended school,
whichever is appropriate, except when it has been determined by the department
that the juvenile is twenty-one years old; is not required to return to school
under chapter 28A.225 RCW; or will be in the community for less than seven
consecutive days on approved leave and will not be attending school during that
time.
(b)
After the effective date of this act, the department shall send a written
notice to approved private and public schools under the same conditions
identified in subsection (1)(a)(iii) of this section when a juvenile
adjudicated of any offense is transferred to a community residential facility.
(c)
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.
(((c)))
(d) The thirty-day notice requirements contained in this subsection
shall not apply to emergency medical furloughs.
(((d)))
(e) The existence of the notice requirements in this subsection will not
require any extension of the release date in the event the release plan changes
after notification.
(2)(a)
If a juvenile found to have committed a violent offense, 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 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)
Upon discharge, parole, or other authorized leave or release, a convicted
juvenile sex offender shall not attend a public or approved private
elementary, middle, or high school that is attended by a victim or a sibling
of a victim of the sex offender. The parents or legal guardians of the
convicted juvenile sex offender shall be responsible for transportation or
other costs associated with or required by the sex offender's change in school
that otherwise would be paid by a school district. Upon discharge, parole, or
other authorized leave or release of a convicted juvenile sex offender, the
secretary shall send written notice of the discharge, parole, or other
authorized leave or release and the requirements of this subsection to the
common school district board of directors of the district in which the sex
offender intends to reside or the district in which the sex offender last
attended school, whichever is appropriate. The secretary shall send a
similar notice to any approved private school the juvenile will attend, if
known, or if unknown, to the approved private schools within the district the
juvenile resides or intends to reside.
(6)
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.
Sec.
3. RCW
28A.225.225 and 1995 c 52 s 3 are each amended to read as follows:
(1)
All districts accepting applications from nonresident students or from students
receiving home-based instruction for admission to the district's schools shall
consider equally all applications received. Each school district shall adopt a
policy establishing rational, fair, and equitable standards for acceptance and
rejection of applications by June 30, 1990. The policy may include rejection
of a nonresident student((s)) if:
(a)
Acceptance of ((these)) a nonresident student((s))
would result in the district experiencing a financial hardship;
(b)
The student's disciplinary records indicate a history of violent or disruptive
behavior or gang membership; or
(c)
The student has been expelled or suspended from a public school for more than
ten consecutive days. Any policy allowing for readmission of expelled or
suspended students under this subsection (1)(c) must apply uniformly to both
resident and nonresident applicants.
For
purposes of subsection (1)(b) of this section, "gang" means a group
which: (i) Consists of three or more persons; (ii) has identifiable
leadership; and (iii) on an ongoing basis, regularly conspires and acts in
concert mainly for criminal purposes.
(2)
The district shall provide to applicants written notification of the approval
or denial of the application in a timely manner. If the application is
rejected, the notification shall include the reason or reasons for denial and
the right to appeal under RCW 28A.225.230(3).
Sec.
4. RCW
28A.600.010 and 1990 c 33 s 496 are each amended to read as follows:
Every
board of directors, unless otherwise specifically provided by law, shall:
(1)
Enforce the rules ((and regulations)) prescribed by the superintendent
of public instruction and the state board of education for the government of
schools, pupils, and certificated employees.
(2)
Adopt and make available to each pupil, teacher and parent in the district reasonable
written rules ((and regulations)) regarding pupil conduct, discipline,
and rights, including but not limited to short-term suspensions as referred
to in RCW 28A.305.160 and ((long-term)) suspensions in excess of
ten consecutive days. Such rules ((and regulations)) shall not be
inconsistent with any of the following: Federal statutes and regulations,
state statutes, common law ((or)), the rules ((and
regulations)) of the superintendent of public instruction ((or)),
and the state board of education ((and)). The board's rules
shall include such substantive and procedural due process guarantees as
prescribed by the state board of education under RCW 28A.305.160. Commencing
with the 1976‑77 school year, when such rules ((and regulations))
are made available to each pupil, teacher, and parent, they shall be
accompanied by a detailed description of rights, responsibilities, and
authority of teachers and principals with respect to the discipline of pupils
as prescribed by state statutory law, superintendent of public instruction,
and state board of education rules ((and regulations)) and rules and
regulations of the school district.
For
the purposes of this subsection, computation of days included in
"short-term" and "long-term" suspensions shall be determined
on the basis of consecutive school days.
(3)
Suspend, expel, or discipline pupils in accordance with RCW 28A.305.160.
Sec.
5. RCW
28A.600.420 and 1995 c 335 s 304 are each amended to read as follows:
(1)
Any elementary or secondary school student who is determined to have carried a
firearm onto, or to have possessed a firearm on, public elementary or secondary
school premises, public school-provided transportation, or areas of facilities
while being used exclusively by public schools, shall be expelled from school
for not less than one year under RCW 28A.600.010. The superintendent of the
school district, educational service district, state school for the deaf, or
state school for the blind may modify the expulsion of a student on a
case-by-case basis.
(2)
For purposes of this section, "firearm" means a firearm as defined in
18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010.
(3)
This section shall be construed in a manner consistent with the individuals with
disabilities education act, 20 U.S.C. Sec. 1401 et seq.
(4)
Nothing in this section prevents a public school district, educational service
district, the state school for the deaf, or the state school for the blind if
it has expelled a student from such student's regular school setting from
providing educational services to the student in an alternative setting.
(5)
This section does not apply to:
(a)
Any student while engaged in military education authorized by school
authorities in which rifles are used but not other firearms; or
(b)
Any student while involved in a convention, showing, demonstration, lecture, or
firearms safety course authorized by school authorities in which the rifles of
collectors or instructors are handled or displayed but not other firearms; or
(c)
Any student while participating in a rifle competition authorized by school
authorities.
(6)
A school district may suspend or expel a student for up to one year subject to
subsections (1), (3), (4), and (5) of this section, if the student acts with
malice as defined under RCW 9A.04.110 and displays an instrument that appeared
to be a firearm, on public elementary or secondary school premises, public
school-provided transportation, or areas of facilities while being used
exclusively by public schools.
NEW
SECTION. Sec. 6. A
new section is added to chapter 28A.150 RCW to read as follows:
(1)
The board of directors of school districts may contract with alternative
educational service providers for eligible students. Alternative educational
service providers that the school district may contract with include, but are
not limited to:
(a)
Other schools;
(b)
Alternative education programs not operated by the school district;
(c)
Education centers;
(d)
Skills centers;
(e)
Dropout prevention programs; or
(f)
Other public or private organizations, excluding sectarian or religious
organizations.
(2)
Eligible students include students who are likely to be expelled or who are
enrolled in the school district but have been suspended, are academically at
risk, or who have been subject to repeated disciplinary actions due to
behavioral problems.
(3)
If a school district board of directors chooses to initiate specialized
programs for students at risk of expulsion or who are failing academically by
contracting out with alternative educational service providers identified in
subsection (1) of this section, the school district board of directors and the
organization must specify the specific learning standards that students are
expected to achieve. Placement of the student shall be jointly determined by
the school district, the student's parent or legal guardian, and the
alternative educational service provider.
(4)
For the purpose of this section, the superintendent of public instruction shall
adopt rules for reporting and documenting enrollment. Students may reenter at
the grade level appropriate to the student's ability. Students who are sixteen
years of age or older may take the GED test.
(5)
The board of directors of school districts may require that students who would
otherwise be suspended or expelled attend schools or programs listed in
subsection (1) of this section as a condition of continued enrollment in the
school district.
Sec.
7. RCW
28A.205.020 and 1993 c 211 s 2 are each amended to read as follows:
Only
eligible common school dropouts shall be enrolled in a certified education
center for reimbursement by the superintendent of public instruction as
provided in RCW 28A.205.040. ((No)) A person ((shall be
considered)) is not an eligible common school dropout ((who))
if: (1) The person has completed high school, (2) ((who))
the person has not reached his or her ((thirteenth)) twelfth
birthday or has passed his or her twentieth birthday, ((or)) (3) the
person shows proficiency beyond the high school level in a test approved by
the superintendent of public instruction to be given as part of the initial
diagnostic procedure, or (4) ((until)) less than one month has
passed after ((he or she)) the person has dropped out of any
common school and the education center has not received written verification
from a school official of the common school last attended in this state that ((such))
the person is no longer in attendance at ((such)) the
school((, unless such center has been requested to admit such person by
written communication of)). A person is an eligible common school
dropout even if one month has not passed since the person dropped out if
the board of directors or its designee, of that common school, ((or unless
such)) requests the center to admit the person because the person has
dropped out or because the person is unable to attend a particular common
school because of disciplinary reasons, including suspension and/or expulsion
((therefrom)). The fact that any person may be subject to RCW
28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020 shall not affect
his or her qualifications as an eligible common school dropout under this
chapter.
Sec.
8. RCW
28A.205.080 and 1993 c 211 s 7 are each amended to read as follows:
The
legislature recognizes that education centers provide a necessary and effective
service for students who have dropped out of common school programs. Education
centers have demonstrated success in preparing such youth for productive roles
in society and are an integral part of the state's program to address the needs
of students who have dropped out of school. The superintendent of public
instruction shall distribute funds, consistent with legislative appropriations,
allocated specifically for education centers in accord with chapter 28A.205
RCW. The legislature encourages school districts to explore cooperation with
education centers pursuant to section 6 of this act.
NEW
SECTION. Sec. 9. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
