HB 1394 — Creating a developmentally appropriate response to youth who commit sexual offenses.

(3) Any person required to register under this section who intends to travel outside the United States must provide, by certified mail, with return receipt requested, or in person, signed written notice of the plan to travel outside the country to the p.county sheriff of the county with whom the person is registered at least twenty-one days prior to travel.

8 ESHB 1394 county sheriff of the county with whom the person is registered at least twenty-one days prior to travel.

(4)(a)p. Offenders shall register with the county sheriff within the following deadlines:

8 HB 1394 (4)(a) Offenders shall register with the county sheriff within the following deadlines:

Notice shall occur not more than thirty days before the p.offender is to be released.

9 ESHB 1394 offender is to be released.

(ii)p. OFFENDERS UNDER FEDERAL JURISDICTION.

9 HB 1394 (ii) OFFENDERS UNDER FEDERAL JURISDICTION.

p.Sex offenders and kidnapping offenders who are visiting Washington state and intend to reside or be present in the state for ten days or more shall register his or her temporary address or where he or she plans to stay with the county sheriff of each county where the offender will be staying within three business days of arrival.

10 ESHB 1394 Sex offenders and kidnapping offenders who are visiting Washington state and intend to reside or be present in the state for ten days or more shall register his or her temporary address or where he or she plans to stay with the county sheriff of each county where the offender will be staying within three business days of arrival.

Any person who lacks a fixed residence and leaves the county in which he or she is registeredp. and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than three business days after entering the county and provide the information required in subsection (2)(a) of this section.

10 HB 1394 registered and enters and remains within a new county for twenty-four hours is required to register with the county sheriff not more than three business days after entering the county and provide the information required in subsection (2)(a) of this section.

p.(b) The county sheriff shall not be required to determine whether the person is living within the county.

11 ESHB 1394 (b) The county sheriff shall not be required to determine whether the person is living within the county.

(b)p. If any person required to register pursuant to this section moves to a new county, within three business days of moving the person must register with the county sheriff of the county into which the person has moved and provide, by certified mail, with return receipt requested or in person, signed written notice of the change of address to the county sheriff with whom the person last registered.

11 HB 1394 (b) If any person required to register pursuant to this section moves to a new county, within three business days of moving the person must register with the county sheriff of the county into which the person has moved and provide, by certified mail, with return receipt requested or in person, signed written notice of the change of address to the county sheriff with whom the person last registered.

p.(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered.

12 ESHB 1394 (b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered.

(c) If any person required to register pursuant to this section does not have a fixed residence, it is an affirmative defense to the charge of failure to register, that he or she provided written notice to the sheriff of the county where he or she last registered within three business days of ceasing to have a fixed residence and has subsequently complied with the requirements of subsectionsubsection((s)) ((s)) (4)(a)(vi) or (vii) ((and (6))) of this section and this subsection.

(7)p. A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change.

12 HB 1394 (7) A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change.

p.Sec.

13 ESHB 1394 Sec.

(c)p. The failure to register as a sex offender is a gross misdemeanor if the person has a duty to register under RCW 9A.44.130(1)(b).

13 HB 1394 (c) The failure to register as a sex offender is a gross misdemeanor if the person has a duty to register under RCW 9A.44.130(1)(b).

(4) Unless relieved of the duty to register pursuant to RCW 9A.44.141 and 9A.44.142, a violation of this section is an ongoing p.offense for purposes of the statute of limitations under RCW 9A.04.080.

14 ESHB 1394 offense for purposes of the statute of limitations under RCW 9A.04.080.

(3)p. For ((a person)) an adult convicted in this state of a class C felony, a violation of RCW 9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony, and the ((person)) adult does not have one or more prior convictions for a sex offense or kidnapping offense, the duty to register shall end ten years after the last date of release from confinement, if any, (including full-time residential treatment) pursuant to the conviction, or entry of the judgment and sentence, if the ((person)) adult has spent ten consecutive years in the community without being convicted of a disqualifying offense during that time period.

(4)(a)14 HB 1394 (3) For ((a person)) an adult convicted in this state of a personclass requiredC tofelony, registera underviolation of RCW 9A.44.130(1)(b),9.68A.090 or 9A.44.096, or an attempt, solicitation, or conspiracy to commit a class C felony, and the ((person)) adult does not have one or more prior convictions for a sex offense or kidnapping offense, the duty to register willshall end threeten years after the last date of release from confinement, includingif any, (including full-time residential treatment,treatment) ifpursuant any,to the conviction, or entry of dispositionthe judgment and sentence, if the person((person)) isadult requiredhas tospent registerten forconsecutive ayears classin Athe offensecommunity committedwithout atbeing ageconvicted 15,of 16,a ordisqualifying 17.offense during that time period.

(b)(4) For a person required to register under RCW 9A.44.130(1)(b)9A.44.130(1)(b), whothe doesduty notto meetregister thewill descriptionend providedtwo inyears subsectionafter (4)(a)the last date of thisrelease section,from theconfinement, dutyincluding tofull-time registerresidential willtreatment, endif twoany, yearsor afterentry theof lastdisposition p.if:

15The ESHBcourt 1394does datenot ofextend releasethe fromregistration confinement,period includingfollowing full-timea residentialmotion treatment,to ifextend any,such orregistration entryfrom ofthe disposition.prosecuting attorney.

The court may only extend the registration period under this subsection if the court determines based on clear and convincing evidence that the registration period must be extended to ensure public safety.

If the registration requirement is extended under this subsection, the person may be required to register for up to an additional two years.

Counsel must be provided at state expense for indigent individuals subject to court proceedings under this subsection.

(((9))) (10) The provisions of this section and RCW 9A.44.141 through 9A.44.143 apply equally to a person who has been found not guiltyp. by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.

15 HB 1394 guilty by reason of insanity under chapter 10.77 RCW of a sex offense or kidnapping offense.

p.(i) The respondent's version of the facts and the official version of the facts;

16 ESHB 1394 (i) The respondent's version of the facts and the official version of the facts;

(iii)p. Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

16 HB 1394 (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

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, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the p.disposition and place the offender on community supervision for at least two years.

17 ESHB 1394 disposition and place the offender on community supervision for at least two years.

(c)p. 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;

17 HB 1394 (c) 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;

(b) The parents or legal guardians of the offender are responsible for transportation or other costs associated with the p.offender's change of school that would otherwise be paid by the school district.

18 ESHB 1394 offender's change of school that would otherwise be paid by the school district.

(a)p. The nature of the offense committed, including the number of victims and the length of the offense history;

18 HB 1394 (a) The nature of the offense committed, including the number of victims and the length of the offense history;

Dates of attendance, p.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.

19 ESHB 1394 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.

(ii) nop. certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home;

19 HB 1394 no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home;

"Victim" may also include a known parent or guardian p.of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

20 ESHB 1394 of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

Sec.

9.

RCW 13.40.210 and 2017 3rd sp.s.

c 6 s 609 are each amended to read as follows:

(1) The secretary shall set a release date for each juvenile committed to its custody.

The release date shall be within the prescribed range to which a juvenile has been committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program.

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.

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 p.

21 ESHB 1394 time of release if any such early releases have occurred as a result of excessive in-residence population.

In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

(3)(a) Following the release of any juvenile under 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, except that in the case of a juvenile sentenced for ((rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion,)) a sex offense as defined under RCW 9.94A.030 the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile.

A parole program is mandatory for offenders released under subsection (2) of this section and for offenders who receive a juvenile residential commitment sentence for theft of a motor vehicle, possession of a stolen motor vehicle, or taking a motor vehicle without permission 1.

A juvenile adjudicated for unlawful possession of a firearm, possession of a stolen firearm, theft of a firearm, or drive-by shooting may participate in aggression replacement training, functional family therapy, or functional family parole aftercare if the juvenile meets eligibility requirements for these services.

The decision to place an offender in an evidence-based parole program shall be based on an assessment by the department of the offender's risk for reoffending upon release and an assessment of the ongoing treatment needs of the juvenile.

The department shall prioritize available parole resources to provide supervision and services to offenders at moderate to high risk for reoffending.

(b) The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to:

(i) Undergo available medical, psychiatric, drug and alcohol, sex offender, mental health, and other offense-related treatment services;

(ii) report as directed to a parole officer and/or designee;

(iii) pursue a course of study, p.

22 ESHB 1394 vocational training, or employment;

(iv) notify the parole officer of the current address where he or she resides;

(v) be present at a particular address during specified hours;

(vi) remain within prescribed geographical boundaries;

(vii) submit to electronic monitoring;

(viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer;

(ix) refrain from contact with specific individuals or a specified class of individuals;

(x) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community;

(xi) pay any court-ordered fines or restitution;

and (xii) perform community restitution.

Community restitution for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender.

Community restitution may be performed through public or private organizations or through work crews.

(c) The secretary may further require up to twenty-five percent of the highest risk juvenile offenders who are placed on parole to participate in an intensive supervision program.

Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions:

(i) Obey all laws and refrain from any conduct that threatens public safety;

(ii) report at least once a week to an assigned community case manager;

and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program.

As a part of the intensive supervision program, the secretary may require day reporting.

(d) After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4)(a) 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:

(i) Continued supervision under the same conditions previously imposed;

(ii) intensified supervision with increased reporting requirements;

(iii) additional conditions of supervision authorized by this chapter;

(iv) except as provided in p.

23 ESHB 1394 (a)(v) and (vi) of this subsection, 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;

(v) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030;

and (vi) the secretary may order any of the conditions or may return the offender to confinement for the remainder of the sentence range if the youth has completed the basic training camp program as described in RCW 13.40.320.

(b) The secretary may modify parole and order any of the conditions or may return the offender to confinement for up to twenty-four weeks if the offender was sentenced for a sex offense as defined under RCW 9A.44.128 and is known to have violated the terms of parole.

Confinement beyond thirty days is intended to only be used for a small and limited number of sex offenders.

It shall only be used when other graduated sanctions or interventions have not been effective or the behavior is so egregious it warrants the use of the higher level intervention and the violation:

(i) Is a known pattern of behavior consistent with a previous sex offense that puts the youth at high risk for reoffending sexually;

(ii) consists of sexual behavior that is determined to be predatory as defined in RCW 71.09.020;

or (iii) requires a review under chapter 71.09 RCW, due to a recent overt act.

The total number of days of confinement for violations of parole conditions during the parole period shall not exceed the number of days provided by the maximum sentence imposed by the disposition for the underlying offense pursuant to RCW 13.40.0357.

The department shall not aggregate multiple parole violations that occur prior to the parole revocation hearing and impose consecutive twenty-four week periods of confinement for each parole violation.

The department is authorized to engage in rule making pursuant to chapter 34.05 RCW, to implement this subsection, including narrowly defining the behaviors that could lead to this higher level intervention.

p.

24 ESHB 1394 (c) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days.

Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

(5) A parole officer of the department of children, youth, and families 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 the 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.

10.9.

(2) For a person who has an existing legal obligation to register under RCW 9A.44.130(1)(b), the obligation shall extinguish two or three years after the last date of release from confinement, including full-time residential treatment, if any, or entry of disposition accordingunless to the applicablecourt extends the registration period required under RCW 9A.44.140(4).

(3) By December 1, 2023, each registering agency shall conduct an individual review and remove all persons from the sex offender registry whose obligation to register is based on an offense committedp. while the person was under 18 years of age, unless the individual has a legal obligation to register under subsection (2) of this section.

20 HB 1394 committed while the person was under 18 years of age, unless the individual has a legal obligation to register under subsection (2) of this section.

11.10.

(a) Registered sex and kidnapping offenders of any change to the registration requirements, including the extinguishment of a legal obligation to register under section 109 of this act;

((and)) p.(b) No less than annually, an offender having a duty to register under RCW 9A.44.143 for a sex offense or kidnapping offense committed when the offender was a juvenile of their ability to petition for relief from registration as provided in RCW 9A.44.140;

25and ESHB(c) 1394A (b)school's Noor lessinstitution's thandesignated annually,recipient anof offenderrecords having a duty to register under RCW 9A.44.1439A.44.138 forregarding a sex offense or kidnapping offense committed when the offenderextinguishment wasof a juvenilestudent's oflegal theirobligation ability to petitionregister forunder reliefsection from9 registrationof asthis providedact. in RCW 9A.44.140;

and (c) A school's or institution's designated recipient of records under RCW 9A.44.138 regarding the extinguishment of a student's legal obligation to register under section 10 of this act.

12.11.

Section 109 of this act takes effect November 1, 2023.

2621 ESHBHB 1394