RCW 13.40.470
Vulnerable youth committed to residential facilities—Protection from sexually aggressive youth—Assessment process.
(1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual victimization by other youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:
(a) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030 be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075 does not apply to this section to the extent that it conflicts with this section;
(b) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who may be vulnerable to victimization by youth identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;
(c) Development and use of placement criteria 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, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior and youth assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where youth are assigned to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.
[ 1997 c 386 § 50.]
NOTES:
Finding—Intent—1997 c 386 §§ 50-55: "The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends the department of social and health services to develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities." [ 1997 c 386 § 49.]
Structure Revised Code of Washington
Title 13 - Juvenile Courts and Juvenile Offenders
Chapter 13.40 - Juvenile Justice Act of 1977.
13.40.010 - Short title—Intent—Purpose.
13.40.020 - Definitions (as amended by 2021 c 206).
13.40.030 - Security guidelines—Legislative review—Limitations on permissible ranges of confinement.
13.40.0351 - Equal application of guidelines and standards.
13.40.0357 - Juvenile offender sentencing standards.
13.40.038 - County juvenile detention facilities—Policy—Detention and risk assessment standards.
13.40.042 - Detention of juvenile suffering from mental disorder or substance use disorder.
13.40.045 - Escapees—Arrest warrants.
13.40.054 - Probation bond or collateral—Modification or revocation of probation bond.
13.40.056 - Nonrefundable bail fee.
13.40.060 - Jurisdiction of actions—Transfer of case and records, when—Change in venue, grounds.
13.40.077 - Recommended prosecuting standards for charging and plea dispositions.
13.40.085 - Diversion services costs—Fees—Payment by parent or legal guardian.
13.40.090 - Prosecuting attorney as party to juvenile court proceedings—Exception, procedure.
13.40.110 - Hearing on question of declining jurisdiction—Held, when—Findings.
13.40.120 - Hearings—Time and place.
13.40.127 - Deferred disposition.
13.40.135 - Sexual motivation special allegation—Procedures.
13.40.162 - Special sex offender disposition alternative.
13.40.165 - Substance use disorder or mental health disposition alternative.
13.40.190 - Disposition order—Restitution for loss or damage—Modification of restitution order.
13.40.193 - Firearms—Length of confinement.
13.40.196 - Firearms—Special allegation.
13.40.198 - Penalty assessments—Jurisdiction of court.
13.40.205 - Release from physical custody, when—Authorized leaves—Leave plan and order—Notice.
13.40.212 - Intensive supervision program—Elements.
13.40.217 - Juveniles adjudicated of sex offenses—Release of information authorized.
13.40.230 - Appeal from order of disposition—Jurisdiction—Procedure—Scope—Release pending appeal.
13.40.240 - Construction of RCW references to juvenile delinquents or juvenile delinquency.
13.40.250 - Traffic infraction, transit infraction, and civil infraction cases—Diversion agreements.
13.40.265 - Firearm, alcohol, and drug violations.
13.40.310 - Transitional treatment program for gang and drug-involved juvenile offenders.
13.40.320 - Juvenile offender basic training camp program.
13.40.400 - Applicability of RCW 10.01.040 to chapter.
13.40.430 - Disparity in disposition of juvenile offenders—Data collection.
13.40.460 - Juvenile rehabilitation programs—Administration.
13.40.462 - Reinvesting in youth program.
13.40.464 - Reinvesting in youth program—Guidelines.
13.40.466 - Reinvesting in youth account.
13.40.468 - Juvenile rehabilitation administration—State quality assurance program.
13.40.480 - Student records and information—Reasons for release—Who may request.
13.40.500 - Community juvenile accountability programs—Findings—Purpose.
13.40.510 - Community juvenile accountability programs—Establishment—Proposals—Guidelines.
13.40.520 - Community juvenile accountability programs—Grants.
13.40.530 - Community juvenile accountability programs—Effectiveness standards.
13.40.540 - Community juvenile accountability programs—Information collection—Report.
13.40.550 - Community juvenile accountability programs—Short title.
13.40.560 - Juvenile accountability incentive account.
13.40.570 - Sexual misconduct by state employees, contractors.
13.40.580 - Youth courts—Diversion.
13.40.590 - Youth court programs.
13.40.600 - Youth court jurisdiction.
13.40.610 - Youth court notification of satisfaction of conditions.
13.40.620 - Appearance before youth court with parent, guardian, or legal custodian.
13.40.630 - Youth court dispositions.
13.40.640 - Youth court nonrefundable fee.
13.40.650 - Use of restraints on pregnant youth in custody—Allowed in extraordinary circumstances.
13.40.660 - Exchange of intimate images by minors—Findings—Work group.
13.40.720 - Imposition of legal financial obligations—City, town, or county authority.
13.40.730 - Community transition services program.
13.40.735 - Planned release—Notice to health care insurance provider.
13.40.740 - Juvenile access to an attorney.
13.40.900 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.