Juvenile justice programs

AN ACT Relating to improving the effectiveness of juvenile 1
justice programs by providing ongoing evaluations and clarifying 2
juvenile diversion practices; and amending RCW 43.20C.020 and 3
13.40.080. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 43.20C.020 and 2014 c 225 s 66 are each amended to 6
read as follows: 7
((The department of social and health services shall accomplish 8
the following in consultation and collaboration with the Washington 9
state institute for public policy, the evidence-based practice 10
institute at the University of Washington, a university-based child 11
welfare partnership and research entity, other national experts in 12
the delivery of evidence-based services, and organizations 13
representing Washington practitioners:))14
(1) ((By September 30, 2012, the Washington state institute for 15
public policy, the University of Washington evidence-based practice 16
institute, in consultation with the department shall publish 17
descriptive definitions of evidence-based, research-based, and 18
promising practices in the areas of child welfare, juvenile 19
rehabilitation, and children's mental health services.))20
H-0393.1
HOUSE BILL 1248
State of Washington 69th Legislature 2025 Regular Session
By Representative Couture
Prefiled 01/10/25. Read first time 01/13/25. Referred to Committee
on Early Learning & Human Services.
p. 1 HB 1248
(a) ((In addition to descriptive definitions, the )) The 1
Washington state institute for public policy and the University of 2
Washington evidence-based practice institute must prepare an 3
inventory of evidence-based, research-based, and promising practices 4
for prevention and intervention services ((that will be used for the 5
purpose of completing the baseline assessment described in subsection 6
(2) of this section)). The inventory shall be periodically updated as 7
more practices are identified. 8
(b) In identifying evidence-based and research-based services, 9
the Washington state institute for public policy and the University 10
of Washington evidence-based practice institute must:11
(i) Consider any available systemic evidence-based assessment of 12
a program's efficacy and cost-effectiveness; and 13
(ii) Attempt to identify assessments that use valid and reliable 14
evidence. 15
(c) Using state, federal, or private funds, the department of 16
social and health services and the department of children, youth, and 17
families shall prioritize the assessment of promising practices 18
identified in (a) of this subsection with the goal of increasing the 19
number of such practices that meet the standards for evidence-based 20
and research-based practices. 21
(2) ((By June 30, 2013, the department and the health care 22
authority shall complete a baseline assessment of utilization of 23
evidence-based and research-based practices in the areas of child 24
welfare, juvenile rehabilitation, and children's mental health 25
services. The assessment must include prevention and intervention 26
services provided through medicaid fee-for-service and healthy 27
options managed care contracts. The assessment shall include 28
estimates of:29
(a) The number of children receiving each service;30
(b) For juvenile rehabilitation and child welfare services, the 31
total amount of state and federal funds expended on the service;32
(c) For children's mental health services, the number and 33
percentage of encounters using these services that are provided to 34
children served by behavioral health organizations and children 35
receiving mental health services through medicaid fee-for-service or 36
healthy options;37
(d) The relative availability of the service in the various 38
regions of the state; and39
(e) To the extent possible, the unmet need for each service.40
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(3)(a) By December 30, 2013, the department and the health care 1
authority shall report to the governor and to the appropriate fiscal 2
and policy committees of the legislature on recommended strategies, 3
timelines, and costs for increasing the use of evidence-based and 4
research-based practices. The report must distinguish between a 5
reallocation of existing funding to support the recommended 6
strategies and new funding needed to increase the use of the 7
practices.8
(b) The department shall provide updated recommendations to the 9
governor and the legislature by December 30, 2014, and by December 10
30, 2015.11
(4)(a) The report required under subsection (3) of this section 12
must include recommendations for the reallocation of resources for 13
evidence-based and research-based practices and substantial increases 14
above the baseline assessment of the use of evidence-based and 15
research-based practices for the 2015-2017 and the 2017-2019 biennia. 16
The recommendations for increases shall be consistent with subsection 17
(2) of this section.18
(b) If the department or health care authority anticipates that 19
it will not meet its recommended levels for an upcoming biennium as 20
set forth in its report, it must report to the legislature by 21
November 1st of the year preceding the biennium. The report shall 22
include:23
(i) The identified impediments to meeting the recommended levels;24
(ii) The current and anticipated performance level; and25
(iii) Strategies that will be undertaken to improve performance.26
(5) Recommendations made pursuant to subsections (3) and (4) of 27
this section must include strategies to identify programs that are 28
effective with ethnically diverse clients and to consult with tribal 29
governments, experts within ethnically diverse communities, and 30
community organizations that serve diverse communities. )) The 31
Washington state institute for public policy shall conduct biennial 32
outcome evaluations of juvenile justice programs identified as 33
evidence-based.34
(a) The Washington state institute for public policy shall 35
prioritize juvenile justice programs for evaluation under this 36
section based on:37
(i) The length of time since an evaluation has been conducted on 38
the program; and39
(ii) The number of juveniles participating in the program.40
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(b) The outcome evaluations required under this subsection (2) 1
must focus on recidivism and include a benefit-cost analysis.2
Sec. 2. RCW 13.40.080 and 2022 c 34 s 1 are each amended to read 3
as follows: 4
(1) A diversion agreement shall be a contract between a juvenile 5
accused of an offense and a diversion unit whereby the juvenile 6
agrees to fulfill certain conditions in lieu of prosecution. Such 7
agreements may be entered into only after the prosecutor, or 8
probation counselor pursuant to this chapter, has determined that 9
probable cause exists to believe that a crime has been committed and 10
that the juvenile committed it. Such agreements shall be entered into 11
as expeditiously as possible. 12
(2) A diversion agreement shall be limited to one or more of the 13
following: 14
(a) Community restitution not to exceed one hundred fifty hours, 15
not to be performed during school hours if the juvenile is attending 16
school; 17
(b) Restitution limited to the amount of actual loss incurred by 18
any victim, excluding restitution owed to any insurance provider 19
under Title 48 RCW; 20
(c) Attendance at up to ten hours of counseling and/or up to 21
twenty hours of positive youth development, educational or 22
informational sessions at a community agency. The educational or 23
informational sessions may include sessions relating to respect for 24
self, others, and authority; victim awareness; accountability; self-25
worth; responsibility; work ethics; good citizenship; literacy; and 26
life skills. If an assessment identifies mental health or chemical 27
dependency needs, a youth may access up to thirty hours of 28
counseling. The counseling sessions may include services demonstrated 29
to improve behavioral health and reduce recidivism. For purposes of 30
this section, "community agency" may also mean a community-based 31
nonprofit organization, a physician, a counselor, a school, or a 32
treatment provider, if approved by the diversion unit. The state 33
shall not be liable for costs resulting from the diversion unit 34
exercising the option to permit diversion agreements to mandate 35
attendance at up to thirty hours of counseling and/or up to twenty 36
hours of educational or informational sessions; 37
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(d) Requirements to remain during specified hours at home, 1
school, or work, and restrictions on leaving or entering specified 2
geographical areas; and 3
(e) Upon request of any victim or witness, requirements to 4
refrain from any contact with victims or witnesses of offenses 5
committed by the juvenile. 6
(3) Notwithstanding the provisions of subsection (2) of this 7
section, youth courts are not limited to the conditions imposed by 8
subsection (2) of this section in imposing sanctions on juveniles 9
pursuant to RCW 13.40.630. 10
(4) In assessing periods of community restitution to be performed 11
and restitution to be paid by a juvenile who has entered into a 12
diversion agreement, the court officer to whom this task is assigned 13
shall consult with the juvenile's custodial parent or parents or 14
guardian. To the extent possible, the court officer shall advise the 15
victims of the juvenile offender of the diversion process, offer 16
victim impact letter forms and restitution claim forms, and involve 17
members of the community. Such members of the community may meet with 18
the juvenile and may advise the court officer as to the terms of the 19
diversion agreement and may supervise the juvenile in carrying out 20
its terms. 21
(5)(a) A diversion agreement may not exceed a period of six 22
months and may include a period extending ((beyond the eighteenth )) 23
up to the 21st birthday of the divertee. 24
(b) If additional time is necessary for the juvenile to complete 25
the terms of the agreement or restitution to a victim, the time 26
period limitations of this subsection may be extended by an 27
additional six months at the request of the juvenile.28
(c) If the juvenile has not paid the full amount of restitution 29
by the end of the additional six-month period, then the juvenile 30
shall be referred to the juvenile court for entry of a civil order 31
establishing the amount of restitution still owed to the victim. In 32
this order, the court shall also determine the terms and conditions 33
of the restitution, including a payment plan extending up to ten 34
years if the court determines that the juvenile does not have the 35
means to make full restitution over a shorter period. For the 36
purposes of this subsection (5)(c), the juvenile shall remain under 37
the court's jurisdiction for a maximum term of ten years after the 38
juvenile's eighteenth birthday. Prior to the expiration of the 39
initial ten-year period, the juvenile court may extend the judgment 40
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for restitution an additional ten years. The court may relieve the 1
juvenile of the requirement to pay full or partial restitution if the 2
juvenile reasonably satisfies the court that he or she does not have 3
the means to make full or partial restitution and could not 4
reasonably acquire the means to pay the restitution over a ten-year 5
period. If the court relieves the juvenile of the requirement to pay 6
full or partial restitution, the court may order an amount of 7
community restitution that the court deems appropriate. The county 8
clerk shall make disbursements to victims named in the order. The 9
restitution to victims named in the order shall be paid prior to any 10
payment for other penalties or monetary assessments. A juvenile under 11
obligation to pay restitution may petition the court for modification 12
of the restitution order. 13
(d) A diversion agreement may be completed by the juvenile any 14
time prior to an order terminating the agreement. 15
(6) The juvenile shall retain the right to be referred to the 16
court at any time prior to the signing of the diversion agreement.17
(7) Divertees and potential divertees shall be afforded due 18
process in all contacts with a diversion unit regardless of whether 19
the juveniles are accepted for diversion or whether the diversion 20
program is successfully completed. Such due process shall include, 21
but not be limited to, the following: 22
(a) A written diversion agreement shall be executed stating all 23
conditions in clearly understandable language; 24
(b) Violation of the terms of the agreement shall be the only 25
grounds for termination; 26
(c) No divertee may be terminated from a diversion program 27
without being given a court hearing, which hearing shall be preceded 28
by: 29
(i) Written notice of alleged violations of the conditions of the 30
diversion program; and 31
(ii) Disclosure of all evidence to be offered against the 32
divertee; 33
(d) The hearing shall be conducted by the juvenile court and 34
shall include: 35
(i) Opportunity to be heard in person and to present evidence;36
(ii) The right to confront and cross-examine all adverse 37
witnesses; 38
(iii) A written statement by the court as to the evidence relied 39
on and the reasons for termination, should that be the decision; and40
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(iv) Demonstration by evidence that the divertee has 1
substantially violated the terms of his or her diversion agreement;2
(e) The prosecutor may file an information on the offense for 3
which the divertee was diverted((:4
(i) In)) in juvenile court if the divertee is under ((eighteen)) 5
21 years of age; ((or6
(ii) In superior court or the appropriate court of limited 7
jurisdiction if the divertee is eighteen years of age or older)) and8
(f) In no case may a court terminate a diversion agreement on or 9
after the juvenile's 21st birthday and, thereafter, any pending 10
information in the case diverted and any pending motion to terminate 11
shall be dismissed with prejudice, and the matter shall remain 12
criminal history as defined in RCW 13.40.020 unless sealed or 13
destroyed. 14
(8) The diversion unit shall, subject to available funds, be 15
responsible for providing interpreters when juveniles need 16
interpreters to effectively communicate during diversion unit 17
hearings or negotiations. 18
(9) The diversion unit shall be responsible for advising a 19
divertee of his or her rights as provided in this chapter.20
(10) The diversion unit may refer a juvenile to a restorative 21
justice program, community-based counseling, or treatment programs.22
(11) The right to counsel shall inure prior to the initial 23
interview for purposes of advising the juvenile as to whether he or 24
she desires to participate in the diversion process or to appear in 25
the juvenile court. The juvenile may be represented by counsel at any 26
critical stage of the diversion process, including intake interviews 27
and termination hearings. The juvenile shall be fully advised at the 28
intake of his or her right to an attorney and of the relevant 29
services an attorney can provide. For the purpose of this section, 30
intake interviews mean all interviews regarding the diversion 31
agreement process. 32
The juvenile shall be advised that a diversion agreement shall 33
constitute a part of the juvenile's criminal history as defined by 34
RCW 13.40.020(8). A signed acknowledgment of such advisement shall be 35
obtained from the juvenile, and the document shall be maintained by 36
the diversion unit together with the diversion agreement, and a copy 37
of both documents shall be delivered to the prosecutor if requested 38
by the prosecutor. The supreme court shall promulgate rules setting 39
forth the content of such advisement in simple language.40
p. 7 HB 1248
(12) When a juvenile enters into a diversion agreement, the 1
juvenile court may receive only the following information for 2
dispositional purposes: 3
(a) The fact that a charge or charges were made;4
(b) The fact that a diversion agreement was entered into;5
(c) The juvenile's obligations under such agreement;6
(d) Whether the alleged offender performed his or her obligations 7
under such agreement; and 8
(e) The facts of the alleged offense. 9
(13) A diversion unit may refuse to enter into a diversion 10
agreement with a juvenile. When a diversion unit refuses to enter a 11
diversion agreement with a juvenile, it shall immediately refer such 12
juvenile to the court for action and shall forward to the court the 13
criminal complaint and a detailed statement of its reasons for 14
refusing to enter into a diversion agreement. The diversion unit 15
shall also immediately refer the case to the prosecuting attorney for 16
action if such juvenile violates the terms of the diversion 17
agreement. 18
(14) A diversion unit may, in instances where it determines that 19
the act or omission of an act for which a juvenile has been referred 20
to it involved no victim, or where it determines that the juvenile 21
referred to it has no prior criminal history and is alleged to have 22
committed an illegal act involving no threat of or instance of actual 23
physical harm and involving not more than fifty dollars in property 24
loss or damage and that there is no loss outstanding to the person or 25
firm suffering such damage or loss, counsel and release or release 26
such a juvenile without entering into a diversion agreement. A 27
diversion unit's authority to counsel and release a juvenile under 28
this subsection includes the authority to refer the juvenile to 29
community-based counseling or treatment programs or a restorative 30
justice program. Any juvenile released under this subsection shall be 31
advised that the act or omission of any act for which he or she had 32
been referred shall constitute a part of the juvenile's criminal 33
history as defined by RCW 13.40.020(8). A signed acknowledgment of 34
such advisement shall be obtained from the juvenile, and the document 35
shall be maintained by the unit, and a copy of the document shall be 36
delivered to the prosecutor if requested by the prosecutor. The 37
supreme court shall promulgate rules setting forth the content of 38
such advisement in simple language. A juvenile determined to be 39
eligible by a diversion unit for release as provided in this 40
p. 8 HB 1248
subsection shall retain the same right to counsel and right to have 1
his or her case referred to the court for formal action as any other 2
juvenile referred to the unit. 3
(15) A diversion unit may supervise the fulfillment of a 4
diversion agreement entered into before the juvenile's ((eighteenth)) 5
21st birthday ((and which includes a period extending beyond the 6
divertee's eighteenth birthday )). A diversion unit may not supervise 7
the fulfillment of a diversion agreement on or after the juvenile's 8
21st birthday.9
(16) If restitution required by a diversion agreement cannot 10
reasonably be paid due to a change of circumstance, the diversion 11
agreement may be modified at the request of the divertee and with the 12
concurrence of the diversion unit to convert unpaid restitution into 13
community restitution. The modification of the diversion agreement 14
shall be in writing and signed by the divertee and the diversion 15
unit. The number of hours of community restitution in lieu of a 16
monetary penalty shall be converted at the rate of the prevailing 17
state minimum wage per hour. 18
(17) In no case may a diversion be entered for an offense 19
committed on or after the juvenile's 18th birthday.20
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