BILL REQ. #:  S-1772.1 

READ FIRST TIME 02/24/03.   

     AN ACT Relating to custodial assault at juvenile rehabilitation facilities and institutions; and amending RCW 13.40.460.

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

Sec. 1   RCW 13.40.460 and 1999 c 372 s 2 are each amended to read as follows:
     The secretary, assistant secretary, or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
     The secretary or assistant secretary shall:
     (1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
     (2) Create by rule a formal system for inmate classification. This classification system shall consider:
     (a) Public safety;
     (b) Internal security and staff safety;
     (c) Rehabilitative resources both within and outside the department;
     (d) An assessment of each offender's risk of sexually aggressive behavior as provided in RCW 13.40.470; and
     (e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in RCW 13.40.470;
     (3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
     (4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
     (5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
     (6) Develop placement criteria:
     (a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470(1)(c); and
     (b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk youth or child in need of services under chapter 13.32A RCW; and (ii) not also a juvenile offender on parole status; ((and))
     (7) Develop a plan to implement, by July 1, 1995:
     (a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
     (b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
     (c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
     (8)(a) Report custodial assaults defined by RCW 9A.36.100 to local law enforcement; and
     (b) Develop rules related to custodial assaults consistent with RCW 72.01.045.