1. (1) When a juvenile is alleged to have committed a prostitution loitering offense, and the allegation, if proved, would not be the juvenile's first offense, a prosecutor may divert the offense if the county in which the offense is alleged to have been committed has a comprehensive program that provides:

   1. (a) Safe and stable housing;
   2. (b) Comprehensive on-site case management;
   3. (c) Integrated mental health and chemical dependency services, including specialized trauma recovery services;
   4. (d) Education and employment training delivered on-site; and
   5. (e) Referrals to off-site specialized services, as appropriate.
2. (2) A prosecutor may divert a case for prostitution loitering into the comprehensive program described in this section, notwithstanding the filing criteria set forth in RCW 13.40.070(5).
3. (3) A diversion agreement under this section may extend to twelve months.

4. (4)

   1. (a) The administrative office of the courts shall compile data regarding:

      1. (i) The number of juveniles whose cases are diverted into the comprehensive program described in this section;
      2. (ii) Whether the juveniles complete their diversion agreements under this section; and
      3. (iii) Whether juveniles whose cases have been diverted under this section have been subsequently arrested or committed subsequent offenses.
   2. (b) An annual report of the data compiled shall be provided to the governor and the appropriate committee of the legislature.

[ 2020 c 331 s 6; 2010 c 289 s 8; 2009 c 252 s 2.]

Notes:

Effective date—2020 c 331 ss 4, 5, and 6: See note following RCW 7.68.380.

Finding—2020 c 331: See note following RCW 7.68.380.

Findings—2009 c 252: "The legislature finds that juveniles involved in the commercial sex trade are sexually exploited and that they face extreme threats to their physical and emotional well-being. In order to help them break out of the isolation, fear, and danger of the commercial sex trade and to assist them in their recovery from the resulting mental and physical harm and in the development of skills that will allow them to become independent and achieve long-term security, these juveniles are in critical need of comprehensive services, including housing, mental health counseling, education, employment, chemical dependency treatment, and skill building. The legislature further finds that a diversion program to provide these comprehensive services, working within existing resources in the counties which prosecute juveniles for prostitution and prostitution loitering, may be an appropriate alternative to the prosecution of juveniles involved in the commercial sex trade." [ 2009 c 252 s 1.]