CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2512

                   Chapter 169, Laws of 1994

                        53rd Legislature

                      1994 Regular Session

      SEXUALLY AGGRESSIVE YOUTH‑-DEFINITION‑-YOUTH IN CARE

                     AND CUSTODY OF A TRIBE

                    EFFECTIVE DATE:  6/9/94

Passed by the House March 7, 1994   Yeas 95   Nays 0 BRIAN EBERSOLE Speaker of the       House of Representatives Passed by the Senate March 4, 1994   Yeas 45   Nays 0

CERTIFICATE I, Marilyn Showalter, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2512 as passed by the House of Representatives and the Senate on the dates hereon set forth.

JOEL PRITCHARD President of the Senate

MARILYN SHOWALTER                           Chief Clerk

Approved March 30, 1994 Place Style On Codes above, and Style Off Codes below.

FILED                      March 30, 1994 - 1:19 p.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                          HOUSE BILL 2512

          _______________________________________________

                     AS AMENDED BY THE SENATE

             Passed Legislature - 1994 Regular Session

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Leonard, Cooke, Thibaudeau, Karahalios, Sheldon, J. Kohl and King; by request of Department of Social and Health Services

Read first time 01/17/94.  Referred to Committee on Human Services.

Expanding eligibility criteria for funds for sexually aggressive youth.

    AN ACT Relating to sexually aggressive youth; and reenacting and amending RCW 74.13.075.

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

    Sec. 1.  RCW 74.13.075 and 1993 c 402 s 3 and 1993 c 146 s 1 are each reenacted and amended to read as follows:

    (1) For the purposes of funds appropriated for the treatment of sexually aggressive youth, the term "sexually aggressive youth" means those ((who are the subject of a proceeding under chapter 13.34 RCW or)) juveniles who:

    (a) Have been abused and have committed a sexually aggressive act or other violent act that is sexual in nature; and

(i) Are in the care and custody of the state ((and:

    (i) Have been abused; and

    (ii) Have committed a sexually aggressive or other violent act that is sexual in nature)) or a federally recognized Indian tribe located within the state; or

(ii) Are the subject of a proceeding under chapter 13.34 RCW or a child welfare proceeding held before a tribal court located within the state; or

    (b) Cannot be detained under the juvenile justice system due to being under age twelve and incompetent to stand trial for acts that could be prosecuted as sex offenses as defined by RCW 9.94A.030 if the juvenile was over twelve years of age, or competent to stand trial if under twelve years of age.

    (2) In expending these funds, the department of social and health services shall establish in each region a case review committee to review all cases for which the funds are used.  In determining whether to use these funds in a particular case, the committee shall consider:

    (a) The age of the juvenile;

    (b) The extent and type of abuse to which the juvenile has been subjected;

    (c) The juvenile's past conduct;

    (d) The benefits that can be expected from the treatment;

    (e) The cost of the treatment; and

    (f) The ability of the juvenile's parent or guardian to pay for the treatment.

(3) The department may provide funds, under this section, for youth in the care and custody of a tribe or through a tribal court, for the treatment of sexually aggressive youth only if:  (a) The tribe uses the same or equivalent definitions and standards for determining which youth are sexually aggressive; and (b) the department seeks to recover any federal funds available for the treatment of youth.

    Passed the House March 7, 1994.

    Passed the Senate March 4, 1994.

Approved by the Governor March 30, 1994.

    Filed in Office of Secretary of State March 30, 1994.