AN
ACT Relating to the sharing of information relating to student safety; and
amending RCW 13.40.215, 28A.225.225, 28A.225.330, and 13.50.050.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.215 and 1997 c 265 s 2 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 ((July 27, 1997)) the effective date of this section, 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, discharged, paroled, released, or granted a leave.
The community residential facility shall provide written notice of the
offender's criminal history to any school that the offender attends while
residing at the community residential facility and to any employer that employs
the offender while residing at the 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.
(d)
The thirty-day notice requirements contained in this subsection shall not apply
to emergency medical furloughs.
(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, transfer to a community residential facility, 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, transfer to a community residential facility, 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.
2. RCW
28A.225.225 and 1997 c 265 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 if:
(a)
Acceptance of a nonresident student would result in the district experiencing a
financial hardship;
(b)
The student's disciplinary records indicate a history of convictions for
offenses or crimes, 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.
3. RCW
28A.225.330 and 1997 c 266 s 4 are each amended to read as follows:
(1)
When enrolling a student who has attended school in another school district,
the school enrolling the student may request the parent and the student to
briefly indicate in writing whether or not the student has:
(a)
Any history of placement in special educational programs;
(b)
Any past, current, or pending disciplinary action;
(c)
Any history of violent behavior, or behavior listed in RCW 13.04.155;
(d)
Any unpaid fines or fees imposed by other schools; and
(e)
Any health conditions affecting the student's educational needs.
(2)
The school enrolling the student shall request the school the student
previously attended to send the student's permanent record including records of
disciplinary action, history of violent behavior or behavior listed in RCW
13.04.155, attendance, immunization records, and academic performance. If
the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees,
or fines at approved private schools the school may withhold the student's
official transcript, but shall transmit information about the student's
academic performance, special placement, immunization records, ((and))
records of disciplinary action, and history of violent behavior or behavior
listed in RCW 13.04.155. If the official transcript is not sent due to
unpaid tuition, fees, or fines, the enrolling school shall notify both the
student and parent or guardian that the official transcript will not be sent
until the obligation is met, and failure to have an official transcript may
result in exclusion from extracurricular activities or failure to graduate.
(3)
If information is requested under subsection (2) of this section, the
information shall be transmitted within two school days after receiving the
request and the records shall be sent as soon as possible. Any school district
or district employee who releases the information in compliance with this
section is immune from civil liability for damages unless it is shown that the
school district employee acted with gross negligence or in bad faith. The
state board of education shall provide by rule for the discipline under chapter
28A.410 RCW of a school principal or other chief administrator of a public
school building who fails to make a good faith effort to assure compliance with
this subsection.
(4)
Any school district or district employee who releases the information in
compliance with federal and state law is immune from civil liability for
damages unless it is shown that the school district or district employee acted
with gross negligence or in bad faith.
(5)
When a school receives information under this section or RCW 13.40.215 that a
student has a history of disciplinary actions, criminal or violent behavior, or
other behavior that indicates the student could be a threat to the safety of
educational staff or other students, the school shall provide this information
to the student's teachers and security personnel.
Sec.
4. RCW
13.50.050 and 1997 c 338 s 40 are each amended to read as follows:
(1)
This section governs records relating to the commission of juvenile offenses,
including records relating to diversions.
(2)
The official juvenile court file of any alleged or proven juvenile offender
shall be open to public inspection, unless sealed pursuant to subsection (((11)))
(12) of this section.
(3)
All records other than the official juvenile court file are confidential and
may be released only as provided in this section, RCW 13.50.010, 13.40.215, and
4.24.550.
(4)
Except as otherwise provided in this section and RCW 13.50.010, records
retained or produced by any juvenile justice or care agency may be released to
other participants in the juvenile justice or care system only when an
investigation or case involving the juvenile in question is being pursued by
the other participant or when that other participant is assigned the
responsibility for supervising the juvenile.
(5)
Except as provided in RCW 4.24.550, information not in an official juvenile
court file concerning a juvenile or a juvenile's family may be released to the
public only when that information could not reasonably be expected to identify
the juvenile or the juvenile's family.
(6)
Notwithstanding any other provision of this chapter, the release, to the juvenile
or his or her attorney, of law enforcement and prosecuting attorneys' records
pertaining to investigation, diversion, and prosecution of juvenile offenses
shall be governed by the rules of discovery and other rules of law applicable
in adult criminal investigations and prosecutions.
(7)
Upon the decision to arrest or the arrest, law enforcement and prosecuting
attorneys may cooperate with schools in releasing information to a school
pertaining to the investigation, diversion, and prosecution of a juvenile
attending the school. Upon the decision to arrest or the arrest, incident
reports may be released unless releasing the records would jeopardize the
investigation or prosecution or endanger witnesses. If release of incident
reports would jeopardize the investigation or prosecution or endanger
witnesses, law enforcement and prosecuting attorneys may release information to
the maximum extent possible to assist schools in protecting other students,
staff, and school property.
(8)
The juvenile court and the prosecutor may set up and maintain a central
record-keeping system which may receive information on all alleged juvenile
offenders against whom a complaint has been filed pursuant to RCW 13.40.070
whether or not their cases are currently pending before the court. The central
record-keeping system may be computerized. If a complaint has been referred to
a diversion unit, the diversion unit shall promptly report to the juvenile
court or the prosecuting attorney when the juvenile has agreed to diversion. An
offense shall not be reported as criminal history in any central record-keeping
system without notification by the diversion unit of the date on which the
offender agreed to diversion.
(((8)))
(9) Upon request of the victim of a crime or the victim's immediate
family, the identity of an alleged or proven juvenile offender alleged or found
to have committed a crime against the victim and the identity of the alleged or
proven juvenile offender's parent, guardian, or custodian and the circumstance
of the alleged or proven crime shall be released to the victim of the crime or
the victim's immediate family.
(((9)))
(10) Subject to the rules of discovery applicable in adult criminal
prosecutions, the juvenile offense records of an adult criminal defendant or
witness in an adult criminal proceeding shall be released upon request to
prosecution and defense counsel after a charge has actually been filed. The
juvenile offense records of any adult convicted of a crime and placed under the
supervision of the adult corrections system shall be released upon request to
the adult corrections system.
(((10)))
(11) In any case in which an information has been filed pursuant to RCW
13.40.100 or a complaint has been filed with the prosecutor and referred for
diversion pursuant to RCW 13.40.070, the person the subject of the information
or complaint may file a motion with the court to have the court vacate its
order and findings, if any, and, subject to subsection (((22))) (23)
of this section, order the sealing of the official juvenile court file, the
social file, and records of the court and of any other agency in the case.
(((11)))
(12) The court shall grant the motion to seal records made pursuant to
subsection (((10))) (11) of this section if it finds that:
(a)
For class B offenses other than sex offenses, since the last date of release
from confinement, including full-time residential treatment, if any, or entry
of disposition, the person has spent ten consecutive years in the community
without committing any offense or crime that subsequently results in
conviction. For class C offenses other than sex offenses, since the last date
of release from confinement, including full-time residential treatment, if any,
or entry of disposition, the person has spent five consecutive years in the
community without committing any offense or crime that subsequently results in
conviction;
(b)
No proceeding is pending against the moving party seeking the conviction of a
juvenile offense or a criminal offense;
(c)
No proceeding is pending seeking the formation of a diversion agreement with
that person;
(d)
The person has not been convicted of a class A or sex offense; and
(e)
Full restitution has been paid.
(((12)))
(13) The person making a motion pursuant to subsection (((10))) (11)
of this section shall give reasonable notice of the motion to the prosecution
and to any person or agency whose files are sought to be sealed.
(((13)))
(14) If the court grants the motion to seal made pursuant to subsection
(((10))) (11) of this section, it shall, subject to subsection (((22)))
(23) of this section, order sealed the official juvenile court file, the
social file, and other records relating to the case as are named in the order.
Thereafter, the proceedings in the case shall be treated as if they never
occurred, and the subject of the records may reply accordingly to any inquiry
about the events, records of which are sealed. Any agency shall reply to any
inquiry concerning confidential or sealed records that records are confidential,
and no information can be given about the existence or nonexistence of records
concerning an individual.
(((14)))
(15) Inspection of the files and records included in the order to seal
may thereafter be permitted only by order of the court upon motion made by the
person who is the subject of the information or complaint, except as otherwise
provided in RCW 13.50.010(8) and subsection (((22))) (23) of this
section.
(((15)))
(16) Any adjudication of a juvenile offense or a crime subsequent to sealing
has the effect of nullifying the sealing order. Any charging of an adult
felony subsequent to the sealing has the effect of nullifying the sealing order
for the purposes of chapter 9.94A RCW.
(((16)))
(17) A person eighteen years of age or older whose criminal history
consists of only one referral for diversion may request that the court order
the records in that case destroyed. The request shall be granted, subject to
subsection (((22))) (23) of this section, if the court finds that
two years have elapsed since completion of the diversion agreement.
(((17)))
(18) If the court grants the motion to destroy records made pursuant to
subsection (((16))) (17) of this section, it shall, subject to
subsection (((22))) (23) of this section, order the official
juvenile court file, the social file, and any other records named in the order
to be destroyed.
(((18)))
(19) The person making the motion pursuant to subsection (((16)))
(17) of this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(((19)))
(20) Any juvenile to whom the provisions of this section may apply shall
be given written notice of his or her rights under this section at the time of
his or her disposition hearing or during the diversion process.
(((20)))
(21) Nothing in this section may be construed to prevent a crime victim
or a member of the victim's family from divulging the identity of the alleged
or proven juvenile offender or his or her family when necessary in a civil
proceeding.
(((21)))
(22) Any juvenile justice or care agency may, subject to the limitations
in subsection (((22))) (23) of this section and (a) and (b) of
this subsection, develop procedures for the routine destruction of records
relating to juvenile offenses and diversions.
(a)
Records may be routinely destroyed only when the person the subject of the
information or complaint has attained twenty-three years of age or older, or is
eighteen years of age or older and his or her criminal history consists
entirely of one diversion agreement and two years have passed since completion
of the agreement.
(b)
The court may not routinely destroy the official juvenile court file or
recordings or transcripts of any proceedings.
(((22)))
(23) No identifying information held by the Washington state patrol in
accordance with chapter 43.43 RCW is subject to destruction or sealing under
this section. For the purposes of this subsection, identifying information
includes photographs, fingerprints, palmprints, soleprints, toeprints and any
other data that identifies a person by physical characteristics, name,
birthdate or address, but does not include information regarding criminal
activity, arrest, charging, diversion, conviction or other information about a
person's treatment by the criminal justice system or about the person's
behavior.
(((23))) (24) Information identifying child victims
under age eighteen who are victims of sexual assaults by juvenile offenders is
confidential and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian. Identifying
information includes the child victim's name, addresses, location, photographs,
and in cases in which the child victim is a relative of the alleged
perpetrator, identification of the relationship between the child and the
alleged perpetrator. Information identifying a child victim of sexual assault
may be released to law enforcement, prosecutors, judges, defense attorneys, or
private or governmental agencies that provide services to the child victim of
sexual assault.
