Eluding & resisting arrest

AN ACT Relating to penalties related to eluding police vehicles 1
and resisting arrest; amending RCW 46.55.113, 46.55.360, 46.55.370, 2
13.40.040, 9.94A.501, 9.94A.701, 9.94A.701, 9.94A.703, and 13.40.210; 3
reenacting and amending RCW 9.94A.501; adding a new section to 4
chapter 46.61 RCW; adding a new section to chapter 10.21 RCW; 5
providing an effective date; and providing an expiration date.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. A new section is added to chapter 46.61 8
RCW to read as follows: 9
(1) A vehicle used to commit the crime of attempting to elude a 10
police vehicle is subject to impoundment as provided for in chapter 11
46.55 RCW. 12
(2) If an operator has previously had a vehicle impounded due to 13
attempting to elude a police vehicle, regardless of whether a 14
criminal charge or a conviction resulted from that conduct, and the 15
operator is convicted of a subsequent offense of attempting to elude 16
a police vehicle or a comparable municipal ordinance, the vehicle 17
operated by the operator is subject to forfeiture as follows:18
(a) No property may be forfeited under this section until after 19
the operator is convicted of the crime of attempting to elude a 20
H-0281.1
HOUSE BILL 1378
State of Washington 69th Legislature 2025 Regular Session
By Representatives Shavers and Davis
Read first time 01/17/25. Referred to Committee on Community Safety.
p. 1 HB 1378
police vehicle under RCW 46.61.024 and a finding is made that the 1
operator used the vehicle to commit such crime. 2
(b) A forfeiture of property encumbered by a bona fide security 3
interest is subject to the interest of the secured party if at the 4
time the security interest was created, the secured party neither had 5
knowledge of nor consented to the commission of the offense.6
(c) A vehicle subject to forfeiture under this section may be 7
seized by any law enforcement officer of this state upon process 8
issued by any court having jurisdiction over the property. However, 9
seizure of the vehicle may be made without process if:10
(i) The seizure is incident to an arrest or search under a search 11
warrant; or 12
(ii) The vehicle subject to seizure has been the subject of a 13
prior judgment in favor of the seizing agency in a forfeiture 14
proceeding based on this section; or 15
(iii) A law enforcement officer has probable cause to believe 16
that the vehicle was used or is intended to be used in the commission 17
of a felony. 18
(d) In the event of a seizure pursuant to this section, 19
proceedings for forfeiture shall be deemed commenced by the seizure. 20
The law enforcement agency under whose authority the seizure was made 21
shall cause notice to be serviced within 15 days following the 22
seizure on the owner of the property seized and the person in charge 23
thereof and any person having any known right or interest therein, 24
including any community property interest, of the seizure and 25
intended forfeiture of the seized property. The notice of the seizure 26
may be served by any method authorized by law or court rule 27
including, but not limited to, service by certified mail with return 28
receipt requested. Service by mail shall be deemed complete upon 29
mailing within the 15-day period following the seizure. Notice of 30
seizure in the case of property subject to a security interest that 31
has been perfected by filing a financing statement in accordance with 32
chapter 62A.9A RCW, or a certificate of title shall be made by 33
service upon the secured party or the secured party's assignee at the 34
address shown on the financing statement or the certificate of title.35
(e) If no person notifies the seizing law enforcement agency in 36
writing of the person's claim of ownership or right to possession of 37
items specified in subsection (1) of this section within 60 days of 38
the seizure, the item seized shall either be deemed forfeited if the 39
operator is convicted as provided for in this section, or the vehicle 40
p. 2 HB 1378
shall be returned to the owner of record if the operator is not 1
convicted as provided for in (a) of this subsection.2
(f) If a person notifies the seizing law enforcement agency in 3
writing of the person's claim of ownership or right to possession of 4
the seized property within 60 days of the seizure, the law 5
enforcement agency shall give the person or persons a reasonable 6
opportunity to be heard as to the claim or right. The hearing shall 7
be before the chief law enforcement officer of the seizing agency or 8
the chief law enforcement officer's designee, except where the 9
seizing agency is a state agency as defined in RCW 34.12.020, the 10
hearing shall be before the chief law enforcement officer of the 11
seizing agency or an administrative law judge appointed under chapter 12
34.12 RCW, except that any person asserting a claim or right may 13
remove the matter to a court of competent jurisdiction. Removal may 14
only be accomplished according to the rules of civil procedure. The 15
person seeking removal of the matter must serve process against the 16
state, county, political subdivision, or municipality that operates 17
the seizing agency, and any other party of interest, in accordance 18
with RCW 4.28.080 or 4.92.020, within 45 days after the person 19
seeking removal has notified the seizing law enforcement agency of 20
the person's claim of ownership or right to possession. The court to 21
which the matter is to be removed shall be the municipal court of the 22
municipality that operates the seizing agency, or if there is no such 23
municipal court, the district court when the aggregate value of the 24
property is within the jurisdictional limit set forth in RCW 25
3.66.020. A hearing before the seizing agency and any appeal 26
therefrom shall be under Title 34 RCW. In a court hearing between two 27
or more claimants to the property involved, the prevailing party 28
shall be entitled to a judgment for costs and reasonable attorneys' 29
fees. The burden of producing evidence shall be upon the person 30
claiming to be the lawful owner or the person claiming to have the 31
lawful right to possession of the property. The seizing law 32
enforcement agency shall promptly return the property to the claimant 33
upon a determination by the administrative law judge or court that 34
the claimant is the present lawful owner or is lawfully entitled to 35
possession of the property. 36
(g) When property is forfeited under this chapter, after 37
satisfying any court-ordered victim restitution, the seizing law 38
enforcement agency may: 39
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(i) Retain it for official use upon application by any law 1
enforcement agency of this state to release such property to such 2
agency for the exclusive use of enforcing the criminal law; or3
(ii) Sell that which is not required to be destroyed by law and 4
which is not harmful to the public, and use the proceeds to fund 5
personnel, programs, services, and equipment related to the 6
enforcement and processing of attempt to elude a police vehicle 7
violations, or to address and improve general traffic safety, within 8
the seizing agency's jurisdiction. 9
Sec. 2. RCW 46.55.113 and 2023 c 283 s 6 are each amended to 10
read as follows: 11
(1) Whenever the driver of a vehicle is arrested for a violation 12
of RCW 46.20.342 or 46.20.345, the vehicle is subject to summary 13
impoundment, pursuant to the terms and conditions of an applicable 14
local ordinance or state agency rule at the direction of a law 15
enforcement officer. 16
(2) In addition, a police officer may take custody of a vehicle, 17
at his or her discretion, and provide for its prompt removal to a 18
place of safety under any of the following circumstances:19
(a) Whenever a police officer finds a vehicle standing upon the 20
roadway in violation of any of the provisions of RCW 46.61.560, the 21
officer may provide for the removal of the vehicle or require the 22
driver or other person in charge of the vehicle to move the vehicle 23
to a position off the roadway; 24
(b) Whenever a police officer finds a vehicle unattended upon a 25
highway where the vehicle constitutes an obstruction to traffic or 26
jeopardizes public safety; 27
(c) Whenever a police officer finds an unattended vehicle at the 28
scene of an accident or when the driver of a vehicle involved in an 29
accident is physically or mentally incapable of deciding upon steps 30
to be taken to protect his or her property; 31
(d) Whenever the driver of a vehicle is arrested and taken into 32
custody by a police officer; 33
(e) Whenever the driver of a vehicle is arrested for a violation 34
of RCW 46.61.502 or 46.61.504; 35
(f) Whenever a police officer discovers a vehicle that the 36
officer determines to be a stolen vehicle; 37
(g) Whenever a vehicle without a special license plate, placard, 38
or decal indicating that the vehicle is being used to transport a 39
p. 4 HB 1378
person with disabilities under RCW 46.19.010 is parked in a stall or 1
space clearly and conspicuously marked under RCW 46.61.581 which 2
space is provided on private property without charge or on public 3
property; 4
(h) Upon determining that a person is operating a motor vehicle 5
without a valid and, if required, a specially endorsed driver's 6
license or with a license that has been expired for 90 days or more;7
(i) When a vehicle is illegally occupying a truck, commercial 8
loading zone, restricted parking zone, bus, loading, hooded-meter, 9
taxi, street construction or maintenance, or other similar zone 10
where, by order of the director of transportation or chiefs of police 11
or fire or their designees, parking is limited to designated classes 12
of vehicles or is prohibited during certain hours, on designated days 13
or at all times, if the zone has been established with signage for at 14
least 24 hours and where the vehicle is interfering with the proper 15
and intended use of the zone. Signage must give notice to the public 16
that a vehicle will be removed if illegally parked in the zone;17
(j) When a vehicle with an expired registration of more than 45 18
days is parked on a public street; 19
(k) Upon determining that a person restricted to use of only a 20
motor vehicle equipped with a functioning ignition interlock device 21
is operating a motor vehicle that is not equipped with such a device 22
in violation of RCW 46.20.740(2); 23
(l) Whenever the driver of a vehicle is arrested for illegal 24
racing conduct in violation of RCW 46.61.500 or 46.61.530 or a 25
comparable municipal ordinance;26
(m) Whenever the driver of a vehicle is arrested for attempting 27
to elude a police vehicle in violation of RCW 46.61.024 or a 28
comparable municipal ordinance;29
(n) Whenever a police officer has probable cause to believe the 30
vehicle has been used to commit the crime of attempting to elude a 31
police vehicle in violation of RCW 46.61.024. 32
(3) When an arrest is made for a violation of RCW 46.20.342, if 33
the vehicle is a commercial vehicle or farm transport vehicle and the 34
driver of the vehicle is not the owner of the vehicle, before the 35
summary impoundment directed under subsection (1) of this section, 36
the police officer shall attempt in a reasonable and timely manner to 37
contact the owner of the vehicle and may release the vehicle to the 38
owner if the owner is reasonably available, as long as the owner was 39
not in the vehicle at the time of the stop and arrest and the owner 40
p. 5 HB 1378
has not received a prior release under this subsection or RCW 1
46.55.120(1)(b)(ii). 2
(4) The additional procedures outlined in RCW 46.55.360 apply to 3
any impoundment of a vehicle under subsection (2)(e) of this section.4
(5) Nothing in this section may derogate from the powers of 5
police officers under the common law. For the purposes of this 6
section, a place of safety may include the business location of a 7
registered tow truck operator. 8
(6) For purposes of this section "farm transport vehicle" means a 9
motor vehicle owned by a farmer and that is being actively used in 10
the transportation of the farmer's or another farmer's farm, orchard, 11
aquatic farm, or dairy products, including livestock and plant or 12
animal wastes, from point of production to market or disposal, or 13
supplies or commodities to be used on the farm, orchard, aquatic 14
farm, or dairy, and that has a gross vehicle weight rating of 7,258 15
kilograms (16,001 pounds) or more. 16
Sec. 3. RCW 46.55.360 and 2023 c 283 s 7 are each amended to 17
read as follows: 18
(1)(a) When a driver of a vehicle is arrested for a violation of 19
RCW 46.61.502 or 46.61.504, attempting to elude a police vehicle 20
under RCW 46.61.024, or illegal racing conduct under RCW 46.61.500 or 21
46.61.530 or a comparable municipal ordinance, and the officer 22
directs the impoundment of the vehicle under RCW 46.55.113(2) (e) or 23
(l), the vehicle must be impounded and retained under the process 24
outlined in this section. With the exception of the holds mandated 25
under this section, the procedures for notice, redemption, storage, 26
auction, and sale shall remain the same as for other impounded 27
vehicles under this chapter. 28
(b) If the police officer directing that a vehicle be impounded 29
under RCW 46.55.113(2) (e) or (l) has: 30
(i) Waited 30 minutes after the police officer contacted the 31
police dispatcher requesting a registered tow truck operator and the 32
tow truck responding has not arrived, or 33
(ii) If the police officer is presented with exigent 34
circumstances such as being called to another incident or due to 35
limited available resources being required to return to patrol,36
the police officer may place the completed impound order and 37
inventory inside the vehicle and secure the vehicle by closing the 38
windows and locking the doors before leaving. 39
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(c) If a police officer has secured the vehicle and left it 1
pursuant to (b) of this subsection, the police officer and the 2
government or agency employing the police officer shall not be liable 3
for any damages to or theft of the vehicle or its contents that occur 4
between the time the officer leaves and the time that the registered 5
tow truck operator takes custody of the vehicle, or for the actions 6
of any person who takes or removes the vehicle before the registered 7
tow truck operator arrives. 8
(2)(a) When a vehicle is impounded under RCW 46.55.113(2)(e) and 9
the driver is a registered owner of the vehicle, the impounded 10
vehicle may not be redeemed within a 12-hour period following the 11
time the impounded vehicle arrives at the registered tow truck 12
operator's storage facility as noted in the registered tow truck 13
operator's master log, unless there are two or more registered owners 14
of the vehicle or there is a legal owner of the vehicle that is not 15
the driver of the vehicle. A registered owner who is not the driver 16
of the vehicle or a legal owner who is not the driver of the vehicle 17
may redeem the impounded vehicle after it arrives at the registered 18
tow truck operator's storage facility as noted in the registered tow 19
truck operator's master log. 20
(b) When a vehicle is impounded under RCW 46.55.113(2)(e) and the 21
driver is a registered owner of the vehicle, the police officer 22
directing the impound shall notify the driver that the impounded 23
vehicle may not be redeemed within a 12-hour period following the 24
time the impounded vehicle arrives at the registered tow truck 25
operator's storage facility as noted in the registered tow truck 26
operator's master log, unless there are two or more registered owners 27
or there is a legal owner who is not the driver of the vehicle. The 28
police officer directing the impound shall notify the driver that the 29
impounded vehicle may be redeemed by either a registered owner or 30
legal owner, who is not the driver of the vehicle, after the 31
impounded vehicle arrives at the registered tow truck operator's 32
storage facility as noted in the registered tow truck operator's 33
master log. 34
(c) When a vehicle is impounded under RCW 46.55.113(2) (l) or 35
(m), the driver is arrested for racing or attempting to elude a 36
police vehicle, and the driver is a registered owner of the vehicle, 37
the impounded vehicle may not be redeemed for a period of 72 hours 38
from the time the impounded vehicle arrives at the registered tow 39
truck operator's storage facility as noted in the registered tow 40
p. 7 HB 1378
truck operator's master log, unless there are two or more registered 1
owners of the vehicle or there is a legal owner of the vehicle that 2
is not the driver of the vehicle. A registered owner who is not the 3
driver of the vehicle or a legal owner who is not the driver of the 4
vehicle may redeem the impounded vehicle after it arrives at the 5
registered tow truck operator's storage facility as noted in the 6
registered tow truck operator's master log. 7
(d) When a vehicle is impounded under RCW 46.55.113(2) (l) or 8
(m), the driver is arrested for racing or attempting to elude a 9
police vehicle, and the driver is a registered owner of the vehicle, 10
the police officer directing the impound shall notify the driver that 11
the impounded vehicle may not be redeemed for 72 hours from the time 12
the impounded vehicle arrives at the registered tow truck operator's 13
storage facility as noted in the registered tow truck operator's 14
master log, unless there are two or more registered owners or there 15
is a legal owner who is not the driver of the vehicle. The police 16
officer directing the impound shall notify the driver that the 17
impounded vehicle may be redeemed by either a registered owner or 18
legal owner, who is not the driver of the vehicle, after the 19
impounded vehicle arrives at the registered tow truck operator's 20
storage facility as noted in the registered tow truck operator's 21
master log. 22
(3)(a) When a vehicle is impounded under RCW 46.55.113(2)(((e))) 23
and the driver is not a registered owner of the vehicle, the 24
impounded vehicle may be redeemed by a registered owner or legal 25
owner, who is not the driver of the vehicle, after the impounded 26
vehicle arrives at the registered tow truck operator's storage 27
facility as noted in the registered tow truck operator's master log.28
(b) When a vehicle is impounded under RCW 46.55.113(2)(e) and the 29
driver is not a registered owner of the vehicle, the police officer 30
directing the impound shall notify the driver that the impounded 31
vehicle may be redeemed by a registered owner or legal owner, who is 32
not the driver of the vehicle, after the impounded vehicle arrives at 33
the registered tow truck operator's storage facility as noted in the 34
registered tow truck operator's master log. 35
(c) When a vehicle is impounded under RCW 46.55.113(2) (l) or 36
(m), the driver is arrested for racing or attempting to elude a 37
police vehicle , and the driver is not a registered owner of the 38
vehicle, the impounded vehicle may be redeemed by a registered owner 39
or legal owner, who is not the driver of the vehicle, after the 40
p. 8 HB 1378
impounded vehicle arrives at the registered tow truck operator's 1
storage facility as noted in the registered tow truck operator's 2
master log. 3
(d) When a vehicle is impounded under RCW 46.55.113(2) (l) or 4
(m), the driver is arrested for racing or attempting to elude a 5
police vehicle , and the driver is not a registered owner of the 6
vehicle, the police officer directing the impound shall notify the 7
driver that the impounded vehicle may be redeemed by a registered 8
owner or legal owner, who is not the driver of the vehicle, after the 9
impounded vehicle arrives at the registered tow truck operator's 10
storage facility as noted in the registered tow truck operator's 11
master log. 12
(e) If the vehicle is a commercial vehicle or farm transport 13
vehicle and the driver of the vehicle is not the owner of the 14
vehicle, prior to determining that no reasonable alternatives to 15
impound exist and directing impoundment of the vehicle under RCW 16
46.55.113(2) (e) ((or)), (l) or (m), the police officer must have 17
attempted in a reasonable and timely manner to contact the owner, and 18
release the vehicle to the owner if the owner was reasonably 19
available, not under the influence of alcohol or any drug, and not a 20
party to the racing or attempting to elude a police vehicle conduct 21
that subjects the vehicle to impound. 22
(f) The registered tow truck operator shall notify the agency 23
that ordered that the vehicle be impounded when the vehicle arrives 24
at the registered tow truck operator's storage facility and has been 25
entered into the master log starting any mandatory hold period 26
provided for in this section. 27
(4) A registered tow truck operator that releases an impounded 28
vehicle pursuant to the requirements stated in this section is not 29
liable for injuries or damages sustained by the operator of the 30
vehicle or sustained by third parties that may result from the 31
vehicle driver's intoxicated state or illegal conduct relating to 32
racing or attempting to elude a police vehicle. 33
(5) For purposes of this section "farm transport vehicle" means a 34
motor vehicle owned by a farmer and that is being actively used in 35
the transportation of the farmer's or another farmer's farm, orchard, 36
aquatic farm, or dairy products, including livestock and plant or 37
animal wastes, from point of production to market or disposal, or 38
supplies or commodities to be used on the farm, orchard, aquatic 39
p. 9 HB 1378
farm, or dairy, and that has a gross vehicle weight rating of 7,258 1
kilograms (16,001 pounds) or more. 2
Sec. 4. RCW 46.55.370 and 2023 c 283 s 8 are each amended to 3
read as follows: 4
If an impoundment arising from an alleged violation of RCW 5
46.61.502 or 46.61.504, attempting to elude a police vehicle under 6
RCW 46.61.024, or illegal racing under RCW 46.61.500 or 46.61.530, or 7
a comparable ordinance is determined to be in violation of this 8
chapter, then the police officer directing the impoundment and the 9
government employing the officer are not liable for damages for loss 10
of use of the vehicle if the officer had reasonable suspicion to 11
believe that the driver of the vehicle was driving the vehicle in 12
violation of RCW 46.61.502 or 46.61.504, or conducting illegal racing 13
in violation of RCW 46.61.500 or 46.61.530, attempting to elude a 14
police vehicle under RCW 46.61.024, or comparable municipal 15
ordinance. 16
NEW SECTION. Sec. 5. A new section is added to chapter 10.21 17
RCW to read as follows: 18
When any person charged with attempting to elude a police vehicle 19
under RCW 46.61.024 or resisting arrest under RCW 9A.76.040 is 20
released from custody at arraignment or trial, on bail or personal 21
recognizance, the court authorizing release shall require, as a 22
condition of release, that the person be placed on electronic 23
monitoring as defined in RCW 9.94A.030, with proof of installation of 24
the monitoring device filed with the court by the person or the 25
monitoring agency within five business days of the date of release 26
from custody or as soon thereafter as determined by the court on 27
availability within the jurisdiction. 28
Sec. 6. RCW 13.40.040 and 2017 3rd sp.s. c 6 s 606 are each 29
amended to read as follows: 30
(1) A juvenile may be taken into custody: 31
(a) Pursuant to a court order if a complaint is filed with the 32
court alleging, and the court finds probable cause to believe, that 33
the juvenile has committed an offense or has violated terms of a 34
disposition order or release order; or 35
(b) Without a court order, by a law enforcement officer if 36
grounds exist for the arrest of an adult in identical circumstances. 37
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Admission to, and continued custody in, a court detention facility 1
shall be governed by subsection (2) of this section; or2
(c) Pursuant to a court order that the juvenile be held as a 3
material witness; or 4
(d) Where the secretary or the secretary's designee has suspended 5
the parole of a juvenile offender. 6
(2) A juvenile may not be held in detention unless there is 7
probable cause to believe that: 8
(a) The juvenile has committed an offense or has violated the 9
terms of a disposition order; and 10
(i) The juvenile will likely fail to appear for further 11
proceedings; or 12
(ii) Detention is required to protect the juvenile from himself 13
or herself; or 14
(iii) The juvenile is a threat to community safety; or15
(iv) The juvenile will intimidate witnesses or otherwise 16
unlawfully interfere with the administration of justice; or17
(v) The juvenile has committed a crime while another case was 18
pending; or 19
(b) The juvenile is a fugitive from justice; or20
(c) The juvenile's parole has been suspended or modified; or21
(d) The juvenile is a material witness. 22
(3) Notwithstanding subsection (2) of this section, and within 23
available funds, a juvenile who has been found guilty of one of the 24
following offenses shall be detained pending disposition: Rape in the 25
first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a 26
child in the first degree (RCW 9A.44.073). 27
(4) Upon a finding that members of the community have threatened 28
the health of a juvenile taken into custody, at the juvenile's 29
request the court may order continued detention pending further order 30
of the court. 31
(5) Except as provided in RCW 9.41.280, a juvenile detained under 32
this section may be released upon posting a probation bond set by the 33
court. The juvenile's parent or guardian may sign for the probation 34
bond. A court authorizing such a release shall issue an order 35
containing a statement of conditions imposed upon the juvenile and 36
shall set the date of his or her next court appearance. The court 37
shall advise the juvenile of any conditions specified in the order 38
and may at any time amend such an order in order to impose additional 39
or different conditions of release upon the juvenile or to return the 40
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juvenile to custody for failing to conform to the conditions imposed. 1
In addition to requiring the juvenile to appear at the next court 2
date, the court may condition the probation bond on the juvenile's 3
compliance with conditions of release. The juvenile's parent or 4
guardian may notify the court that the juvenile has failed to conform 5
to the conditions of release or the provisions in the probation bond. 6
If the parent notifies the court of the juvenile's failure to comply 7
with the probation bond, the court shall notify the surety. As 8
provided in the terms of the bond, the surety shall provide notice to 9
the court of the offender's noncompliance. A juvenile may be released 10
only to a responsible adult or the department of children, youth, and 11
families. Failure to appear on the date scheduled by the court 12
pursuant to this section shall constitute the crime of bail jumping.13
(6) The court shall require any juvenile charged with attempting 14
to elude a police vehicle (RCW 46.61.024) or resisting arrest (RCW 15
9A.76.040), who is released under subsection (5) of this section, 16
submit to electronic monitoring pending disposition of the charge.17
Sec. 7. RCW 9.94A.501 and 2024 c 63 s 3 are each amended to read 18
as follows: 19
(1) The department shall supervise the following offenders who 20
are sentenced to probation in superior court, pursuant to RCW 21
9.92.060, 9.95.204, or 9.95.210: 22
(a) Offenders convicted of: 23
(i) Sexual misconduct with a minor second degree;24
(ii) Custodial sexual misconduct second degree;25
(iii) Communication with a minor for immoral purposes; and26
(iv) Violation of RCW 9A.44.132(2) (failure to register); and27
(b) Offenders who have: 28
(i) A current conviction for a repetitive domestic violence 29
offense after August 1, 2011; and 30
(ii) A prior conviction for a repetitive domestic violence 31
offense or domestic violence felony offense after August 1, 2011.32
(2) Misdemeanor and gross misdemeanor offenders supervised by the 33
department pursuant to this section shall be placed on community 34
custody. 35
(3) The department shall supervise every felony offender 36
sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 37
whose risk assessment classifies the offender as one who is at a high 38
risk to reoffend. 39
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(4) Notwithstanding any other provision of this section, the 1
department shall supervise an offender sentenced to community custody 2
regardless of risk classification if the offender: 3
(a) Has a current conviction for a sex offense or a serious 4
violent offense and was sentenced to a term of community custody 5
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;6
(b) Has been identified by the department as a dangerous mentally 7
ill offender pursuant to RCW 72.09.370; 8
(c) Has an indeterminate sentence and is subject to parole 9
pursuant to RCW 9.95.017; 10
(d) Has a current conviction for violating RCW 9A.44.132(1) 11
(failure to register) and was sentenced to a term of community 12
custody pursuant to RCW 9.94A.701; 13
(e)(i) Has a current conviction for a domestic violence felony 14
offense after August 1, 2011, and a prior conviction for a repetitive 15
domestic violence offense or domestic violence felony offense after 16
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 17
committed prior to July 24, 2015; 18
(ii) Has a current conviction for a domestic violence felony 19
offense. The state and its officers, agents, and employees shall not 20
be held criminally or civilly liable for its supervision of an 21
offender under this subsection (4)(e)(ii) unless the state and its 22
officers, agents, and employees acted with gross negligence;23
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 24
9.94A.670, 9.94A.711, or 9.94A.695; 25
(g) Is subject to supervision pursuant to RCW 9.94A.745; or26
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 27
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 28
(felony DUI), ((or)) RCW 46.61.504(6) (felony physical control) , or 29
RCW 46.61.024 (attempting to elude a police vehicle).30
(5) The department shall supervise any offender who is released 31
by the indeterminate sentence review board and who was sentenced to 32
community custody or subject to community custody under the terms of 33
release. 34
(6) The department is not authorized to, and may not, supervise 35
any offender sentenced to a term of community custody or any 36
probationer unless the offender or probationer is one for whom 37
supervision is required under this section or RCW 9.94A.5011.38
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(7) The department shall conduct a risk assessment for every 1
felony offender sentenced to a term of community custody who may be 2
subject to supervision under this section or RCW 9.94A.5011.3
(8) The period of time the department is authorized to supervise 4
an offender under this section may not exceed the duration of 5
community custody specified under RCW 9.94B.050, 9.94A.701 (1) 6
through (9), or 9.94A.702, except in cases where the court has 7
imposed an exceptional term of community custody under RCW 9.94A.535.8
(9) The period of time the department is authorized to supervise 9
an offender under this section may be reduced by the earned award of 10
supervision compliance credit pursuant to RCW 9.94A.717.11
Sec. 8. RCW 9.94A.501 and 2024 c 306 s 4 and 2024 c 63 s 3 are 12
each reenacted and amended to read as follows: 13
(1) The department shall supervise the following offenders who 14
are sentenced to probation in superior court, pursuant to RCW 15
9.92.060, 9.95.204, or 9.95.210: 16
(a) Offenders convicted of: 17
(i) Sexual misconduct with a minor second degree;18
(ii) Custodial sexual misconduct second degree;19
(iii) Communication with a minor for immoral purposes; and20
(iv) Violation of RCW 9A.44.132(2) (failure to register); and21
(b) Offenders who have: 22
(i) A current conviction for a repetitive domestic violence 23
offense after August 1, 2011; and 24
(ii) A prior conviction for a repetitive domestic violence 25
offense or domestic violence felony offense after August 1, 2011.26
(2) Misdemeanor and gross misdemeanor offenders supervised by the 27
department pursuant to this section shall be placed on community 28
custody. 29
(3) The department shall supervise every felony offender 30
sentenced to community custody pursuant to RCW 9.94A.701 or 9.94A.702 31
whose risk assessment classifies the offender as one who is at a high 32
risk to reoffend. 33
(4) Notwithstanding any other provision of this section, the 34
department shall supervise an offender sentenced to community custody 35
regardless of risk classification if the offender:36
(a) Has a current conviction for a sex offense or a serious 37
violent offense and was sentenced to a term of community custody 38
pursuant to RCW 9.94A.701, 9.94A.702, or 9.94A.507;39
p. 14 HB 1378
(b) Has been identified by the department as a dangerous mentally 1
ill offender pursuant to RCW 72.09.370; 2
(c) Has an indeterminate sentence and is subject to parole 3
pursuant to RCW 9.95.017; 4
(d) Has a current conviction for violating RCW 9A.44.132(1) 5
(failure to register) and was sentenced to a term of community 6
custody pursuant to RCW 9.94A.701; 7
(e)(i) Has a current conviction for a domestic violence felony 8
offense after August 1, 2011, and a prior conviction for a repetitive 9
domestic violence offense or domestic violence felony offense after 10
August 1, 2011. This subsection (4)(e)(i) applies only to offenses 11
committed prior to July 24, 2015; 12
(ii) Has a current conviction for a domestic violence felony 13
offense. The state and its officers, agents, and employees shall not 14
be held criminally or civilly liable for its supervision of an 15
offender under this subsection (4)(e)(ii) unless the state and its 16
officers, agents, and employees acted with gross negligence;17
(f) Was sentenced under RCW 9.94A.650, 9.94A.655, 9.94A.660, 18
9.94A.670, 9.94A.711, 9.94A.695, or 9.94A.661; 19
(g) Is subject to supervision pursuant to RCW 9.94A.745; or20
(h) Was convicted and sentenced under RCW 46.61.520 (vehicular 21
homicide), RCW 46.61.522 (vehicular assault), RCW 46.61.502(6) 22
(felony DUI), ((or)) RCW 46.61.504(6) (felony physical control) , or 23
RCW 46.61.024 (attempting to elude a police vehicle).24
(5) The department shall supervise any offender who is released 25
by the indeterminate sentence review board and who was sentenced to 26
community custody or subject to community custody under the terms of 27
release. 28
(6) The department is not authorized to, and may not, supervise 29
any offender sentenced to a term of community custody or any 30
probationer unless the offender or probationer is one for whom 31
supervision is required under this section or RCW 9.94A.5011.32
(7) The department shall conduct a risk assessment for every 33
felony offender sentenced to a term of community custody who may be 34
subject to supervision under this section or RCW 9.94A.5011.35
(8) The period of time the department is authorized to supervise 36
an offender under this section may not exceed the duration of 37
community custody specified under RCW 9.94B.050, 9.94A.701 (1) 38
through (9), or 9.94A.702, except in cases where the court has 39
imposed an exceptional term of community custody under RCW 9.94A.535.40
p. 15 HB 1378
(9) The period of time the department is authorized to supervise 1
an offender under this section may be reduced by the earned award of 2
supervision compliance credit pursuant to RCW 9.94A.717.3
Sec. 9. RCW 9.94A.701 and 2021 c 242 s 6 are each amended to 4
read as follows: 5
(1) If an offender is sentenced to the custody of the department 6
for one of the following crimes, the court shall, in addition to the 7
other terms of the sentence, sentence the offender to community 8
custody for three years: 9
(a) A sex offense not sentenced under RCW 9.94A.507; or10
(b) A serious violent offense. 11
(2) A court shall, in addition to the other terms of the 12
sentence, sentence an offender to community custody for ((eighteen)) 13
18 months when the court sentences the person to the custody of the 14
department for a violent offense that is not considered a serious 15
violent offense. 16
(3) A court shall, in addition to the other terms of the 17
sentence, sentence an offender to community custody for one year when 18
the court sentences the person to the custody of the department for:19
(a) Any crime against persons under RCW 9.94A.411(2);20
(b) An offense involving the unlawful possession of a firearm 21
under RCW 9.41.040, where the offender is a criminal street gang 22
member or associate; 23
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed 24
on or after July 1, 2000; ((or))25
(d) A violation of RCW 46.61.024 (attempting to elude a police 26
vehicle); or27
(e) A felony violation of RCW 9A.44.132(1) (failure to register) 28
that is the offender's first violation for a felony failure to 29
register. 30
(4) If an offender is sentenced under the drug offender 31
sentencing alternative, the court shall impose community custody as 32
provided in RCW 9.94A.660. 33
(5) If an offender is sentenced under the special sex offender 34
sentencing alternative, the court shall impose community custody as 35
provided in RCW 9.94A.670. 36
(6) If an offender is sentenced to a work ethic camp, the court 37
shall impose community custody as provided in RCW 9.94A.690.38
p. 16 HB 1378
(7) If an offender is sentenced under the parenting sentencing 1
alternative, the court shall impose a term of community custody as 2
provided in RCW 9.94A.655. 3
(8) If the offender is sentenced under the mental health 4
sentencing alternative, the court shall impose a term of community 5
custody as provided in RCW 9.94A.695. 6
(9) If a sex offender is sentenced as a nonpersistent offender 7
pursuant to RCW 9.94A.507, the court shall impose community custody 8
as provided in that section. 9
(10) The term of community custody specified by this section 10
shall be reduced by the court whenever an offender's standard range 11
term of confinement in combination with the term of community custody 12
exceeds the statutory maximum for the crime as provided in RCW 13
9A.20.021. 14
Sec. 10. RCW 9.94A.701 and 2024 c 306 s 10 are each amended to 15
read as follows: 16
(1) If an offender is sentenced to the custody of the department 17
for one of the following crimes, the court shall, in addition to the 18
other terms of the sentence, sentence the offender to community 19
custody for three years: 20
(a) A sex offense not sentenced under RCW 9.94A.507; or21
(b) A serious violent offense. 22
(2) A court shall, in addition to the other terms of the 23
sentence, sentence an offender to community custody for 18 months 24
when the court sentences the person to the custody of the department 25
for a violent offense that is not considered a serious violent 26
offense. 27
(3) A court shall, in addition to the other terms of the 28
sentence, sentence an offender to community custody for one year when 29
the court sentences the person to the custody of the department for:30
(a) Any crime against persons under RCW 9.94A.411(2);31
(b) An offense involving the unlawful possession of a firearm 32
under RCW 9.41.040, where the offender is a criminal street gang 33
member or associate; 34
(c) A felony offense under chapter 69.50 or 69.52 RCW, committed 35
on or after July 1, 2000; ((or))36
(d) A violation of RCW 46.61.024 (attempting to elude a police 37
vehicle); or38
p. 17 HB 1378
(e) A felony violation of RCW 9A.44.132(1) (failure to register) 1
that is the offender's first violation for a felony failure to 2
register. 3
(4) If an offender is sentenced under the drug offender 4
sentencing alternative, the court shall impose community custody as 5
provided in: 6
(a) RCW 9.94A.660 and 9.94A.662 for a prison-based drug offender 7
sentencing alternative; 8
(b) RCW 9.94A.660 and 9.94A.664 for a residential-based drug 9
offender sentencing alternative; 10
(c) RCW 9.94A.662 and 9.94A.661(6) for a prison-based drug 11
offender sentencing alternative for driving under the influence; and12
(d) RCW 9.94A.661 (5) and (6) for a residential-based drug 13
offender sentencing alternative for driving under the influence.14
(5) If an offender is sentenced under the special sex offender 15
sentencing alternative, the court shall impose community custody as 16
provided in RCW 9.94A.670. 17
(6) If an offender is sentenced to a work ethic camp, the court 18
shall impose community custody as provided in RCW 9.94A.690.19
(7) If an offender is sentenced under the parenting sentencing 20
alternative, the court shall impose a term of community custody as 21
provided in RCW 9.94A.655. 22
(8) If the offender is sentenced under the mental health 23
sentencing alternative, the court shall impose a term of community 24
custody as provided in RCW 9.94A.695. 25
(9) If a sex offender is sentenced as a nonpersistent offender 26
pursuant to RCW 9.94A.507, the court shall impose community custody 27
as provided in that section. 28
(10) The term of community custody specified by this section 29
shall be reduced by the court whenever an offender's standard 30
sentence range term of confinement in combination with the term of 31
community custody exceeds the statutory maximum for the crime as 32
provided in RCW 9A.20.021. 33
Sec. 11. RCW 9.94A.703 and 2024 c 118 s 2 are each amended to 34
read as follows: 35
When a court sentences a person to a term of community custody, 36
the court shall impose conditions of community custody as provided in 37
this section. 38
p. 18 HB 1378
(1) Mandatory conditions. As part of any term of community 1
custody, the court shall: 2
(a) Require the offender to inform the department of court-3
ordered treatment upon request by the department; 4
(b) Require the offender to comply with any conditions imposed by 5
the department under RCW 9.94A.704; 6
(c) If the offender was sentenced under RCW 9.94A.507 for an 7
offense listed in RCW 9.94A.507(1)(a), and the victim of the offense 8
was under 18 years of age at the time of the offense, prohibit the 9
offender from residing in a community protection zone;10
(d) If the offender was sentenced under RCW 9A.36.120, prohibit 11
the offender from serving in any paid or volunteer capacity where he 12
or she has control or supervision of minors under the age of 13;13
(e) If the offender was sentenced for a violation of RCW 14
46.61.024 (attempting to elude a police vehicle), require the 15
offender to be placed on electronic monitoring for the duration of 16
the offender's term of community custody. 17
(2) Waivable conditions. Unless waived by the court, as part of 18
any term of community custody, the court shall order an offender to:19
(a) Report to and be available for contact with the assigned 20
community corrections officer as directed; 21
(b) Work at department-approved education, employment, or 22
community restitution, or any combination thereof;23
(c) Refrain from possessing or consuming controlled substances 24
except pursuant to lawfully issued prescriptions; and25
(d) Obtain prior approval of the department for the offender's 26
residence location and living arrangements. 27
(3) Discretionary conditions. As part of any term of community 28
custody, the court may order an offender to: 29
(a) Remain within, or outside of, a specified geographical 30
boundary; 31
(b) Refrain from direct or indirect contact with the victim of 32
the crime or a specified class of individuals; 33
(c) Participate in crime-related treatment or counseling 34
services; 35
(d) Participate in rehabilitative programs or otherwise perform 36
affirmative conduct reasonably related to the circumstances of the 37
offense, the offender's risk of reoffending, or the safety of the 38
community; 39
(e) Refrain from possessing or consuming alcohol; or40
p. 19 HB 1378
(f) Comply with any crime-related prohibitions.1
(4) Special conditions.2
(a) In sentencing an offender convicted of a crime of domestic 3
violence, as defined in RCW 10.99.020, if the offender has a minor 4
child, or if the victim of the offense for which the offender was 5
convicted has a minor child, the court may order the offender to 6
participate in a domestic violence perpetrator program approved under 7
RCW 43.20A.735. 8
(b)(i) In sentencing an offender convicted of an alcohol or drug-9
related traffic offense, the court shall require the offender to 10
complete a diagnostic evaluation by a substance use disorder 11
treatment program approved by the department of social and health 12
services or a qualified probation department, defined under RCW 13
46.61.516, that has been approved by the department of social and 14
health services. If the offense was pursuant to chapter 46.61 RCW, 15
the report shall be forwarded to the department of licensing. If the 16
offender is found to have an alcohol or drug problem that requires 17
treatment, the offender shall complete treatment in an approved 18
substance use disorder treatment program as defined in chapter 71.24 19
RCW. If the offender is found not to have an alcohol or drug problem 20
that requires treatment, the offender shall complete a course in an 21
alcohol and drug information school licensed or certified by the 22
department of health under chapter 70.96A RCW. The offender shall pay 23
all costs for any evaluation, education, or treatment required by 24
this section, unless the offender is eligible for an existing program 25
offered or approved by the department of social and health services.26
(ii) For purposes of this section, "alcohol or drug-related 27
traffic offense" means the following: Driving while under the 28
influence as defined by RCW 46.61.502, actual physical control while 29
under the influence as defined by RCW 46.61.504, vehicular homicide 30
as defined by RCW 46.61.520(1)(a), vehicular assault as defined by 31
RCW 46.61.522(1)(b), homicide by watercraft as defined by RCW 32
79A.60.050, or assault by watercraft as defined by RCW 79A.60.060.33
(iii) This subsection (4)(b) does not require the department of 34
social and health services to add new treatment or assessment 35
facilities nor affect its use of existing programs and facilities 36
authorized by law. 37
(5)(a) On the motion of the offender, following the offender's 38
release from total confinement, the court may amend the substantive 39
conditions of community custody imposed by the court.40
p. 20 HB 1378
(b) The offender shall have the burden of proving by a 1
preponderance of the evidence that there has been a substantial 2
change in circumstances such that the condition of community custody 3
is no longer necessary for community safety. In determining whether 4
there has been a substantial change in circumstances, the court may 5
not base its determination solely on the fact that time has passed 6
without a violation. 7
(c) An offender may file a motion to modify substantive 8
conditions of community custody imposed by the court no more than 9
once in every 12-month period that the order is in effect, starting 10
from the date of the order. 11
(d) The time limit for collateral attacks established under RCW 12
10.73.090 does not apply to any motion filed pursuant to this 13
subsection. 14
(e) A motion under this subsection may not reopen the offender's 15
conviction to challenges that would otherwise be barred by RCW 16
10.73.090, 10.73.100, 10.73.140, or other procedural barriers.17
Sec. 12. RCW 13.40.210 and 2024 c 297 s 16 are each amended to 18
read as follows: 19
(1) The secretary shall set a release date for each juvenile 20
committed to its custody. The release date shall be within the 21
prescribed range to which a juvenile has been committed under RCW 22
13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 23
concerning offenders the department determines are eligible for the 24
juvenile offender basic training camp program. Such dates shall be 25
determined prior to the expiration of ((sixty)) 60 percent of a 26
juvenile's minimum term of confinement included within the prescribed 27
range to which the juvenile has been committed. The secretary shall 28
release any juvenile committed to the custody of the department 29
within four calendar days prior to the juvenile's release date or on 30
the release date set under this chapter. Days spent in the custody of 31
the department shall be tolled by any period of time during which a 32
juvenile has absented himself or herself from the department's 33
supervision without the prior approval of the secretary or the 34
secretary's designee. 35
(2) The secretary shall monitor the average daily population of 36
the state's juvenile residential facilities. When the secretary 37
concludes that in-residence population of residential facilities 38
exceeds ((one hundred five )) 105 percent of the rated bed capacity 39
p. 21 HB 1378
specified in statute, or in absence of such specification, as 1
specified by the department in rule, the secretary may recommend 2
reductions to the governor. On certification by the governor that the 3
recommended reductions are necessary, the secretary has authority to 4
administratively release a sufficient number of offenders to reduce 5
in-residence population to ((one hundred )) 100 percent of rated bed 6
capacity. The secretary shall release those offenders who have served 7
the greatest proportion of their sentence. However, the secretary may 8
deny release in a particular case at the request of an offender, or 9
if the secretary finds that there is no responsible custodian, as 10
determined by the department, to whom to release the offender, or if 11
the release of the offender would pose a clear danger to society. The 12
department shall notify the committing court of the release at the 13
time of release if any such early releases have occurred as a result 14
of excessive in-residence population. In no event shall an offender 15
adjudicated of a violent offense be granted release under the 16
provisions of this subsection. 17
(3)(a) Following the release of any juvenile under subsection (1) 18
of this section, the secretary may require the juvenile to comply 19
with a program of parole to be administered by the department in his 20
or her community which shall last no longer than ((eighteen)) 18 21
months, except that in the case of a juvenile sentenced for a sex 22
offense as defined under RCW 9.94A.030 the period of parole shall be 23
((twenty-four)) 24 months and, in the discretion of the secretary, 24
may be up to ((thirty-six)) 36 months when the secretary finds that 25
an additional period of parole is necessary and appropriate in the 26
interests of public safety or to meet the ongoing needs of the 27
juvenile. A parole program is mandatory for offenders released under 28
subsection (2) of this section and for offenders who receive a 29
juvenile residential commitment sentence for theft of a motor 30
vehicle, possession of a stolen motor vehicle, attempting to elude a 31
police vehicle, or taking a motor vehicle without permission 1. A 32
juvenile adjudicated for unlawful possession of a firearm, possession 33
of a stolen firearm, theft of a firearm, or drive-by shooting may 34
participate in aggression replacement training, functional family 35
therapy, or functional family parole aftercare if the juvenile meets 36
eligibility requirements for these services. The decision to place an 37
offender in an evidence-based parole program shall be based on an 38
assessment by the department of the offender's risk for reoffending 39
upon release and an assessment of the ongoing treatment needs of the 40
p. 22 HB 1378
juvenile. The department shall prioritize available parole resources 1
to provide supervision and services to offenders at moderate to high 2
risk for reoffending. 3
(b) The secretary shall, for the period of parole, facilitate the 4
juvenile's reintegration into his or her community and to further 5
this goal shall require the juvenile to refrain from possessing a 6
firearm or using a deadly weapon, and refrain from committing new 7
offenses or violating any orders issued by the juvenile court 8
pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) 9
Undergo available medical, psychiatric, drug and alcohol, sex 10
offender, mental health, and other offense-related treatment 11
services; (ii) report as directed to a parole officer and/or 12
designee; (iii) pursue a course of study, vocational training, or 13
employment; (iv) notify the parole officer of the current address 14
where he or she resides; (v) be present at a particular address 15
during specified hours; (vi) remain within prescribed geographical 16
boundaries; (vii) submit to electronic monitoring; (viii) refrain 17
from using illegal drugs and alcohol, and submit to random urinalysis 18
when requested by the assigned parole officer; (ix) refrain from 19
contact with specific individuals or a specified class of 20
individuals; (x) meet other conditions determined by the parole 21
officer to further enhance the juvenile's reintegration into the 22
community; (xi) pay any court-ordered fines or restitution; and (xii) 23
perform community restitution. 24
(A) Community restitution for the purpose of this section means 25
compulsory service, without compensation, performed for the benefit 26
of the community by the offender. Community restitution may be 27
performed through public or private organizations or through work 28
crews. 29
(B) The department shall require any juvenile adjudicated guilty 30
for attempting to elude a police vehicle to submit to electronic 31
monitoring for the duration of the term of the parole program.32
(c) The secretary may further require up to ((twenty-five)) 25 33
percent of the highest risk juvenile offenders who are placed on 34
parole to participate in an intensive supervision program. Offenders 35
participating in an intensive supervision program shall be required 36
to comply with all terms and conditions listed in (b) of this 37
subsection and shall also be required to comply with the following 38
additional terms and conditions: (i) Obey all laws and refrain from 39
any conduct that threatens public safety; (ii) report at least once a 40
p. 23 HB 1378
week to an assigned community case manager; and (iii) meet all other 1
requirements imposed by the community case manager related to 2
participating in the intensive supervision program. As a part of the 3
intensive supervision program, the secretary may require day 4
reporting. 5
(d) After termination of the parole period, the juvenile shall be 6
discharged from the department's supervision. 7
(4)(a) The department may also modify parole for violation 8
thereof. If, after affording a juvenile all of the due process rights 9
to which he or she would be entitled if the juvenile were an adult, 10
the secretary finds that a juvenile has violated a condition of his 11
or her parole, the secretary shall order one of the following which 12
is reasonably likely to effectuate the purpose of the parole and to 13
protect the public: (i) Continued supervision under the same 14
conditions previously imposed; (ii) intensified supervision with 15
increased reporting requirements; (iii) additional conditions of 16
supervision authorized by this chapter; (iv) except as provided in 17
(a)(v) and (vi) of this subsection, imposition of a period of 18
confinement not to exceed ((thirty)) 30 days in a facility operated 19
by or pursuant to a contract with the state of Washington or any city 20
or county for a portion of each day or for a certain number of days 21
each week with the balance of the days or weeks spent under 22
supervision; (v) the secretary may order any of the conditions or may 23
return the offender to confinement for the remainder of the sentence 24
range if the offense for which the offender was sentenced is rape in 25
the first or second degree, rape of a child in the first or second 26
degree, child molestation in the first degree, indecent liberties 27
with forcible compulsion, or a sex offense that is also a serious 28
violent offense as defined by RCW 9.94A.030; and (vi) the secretary 29
may order any of the conditions or may return the offender to 30
confinement for the remainder of the sentence range if the youth has 31
completed the basic training camp program as described in RCW 32
13.40.320. 33
(b) The secretary may modify parole and order any of the 34
conditions or may return the offender to confinement for up to 35
((twenty-four)) 24 weeks if the offender was sentenced for a sex 36
offense as defined under RCW 9A.44.128 and is known to have violated 37
the terms of parole. Confinement beyond ((thirty)) 30 days is 38
intended to only be used for a small and limited number of sex 39
offenders. It shall only be used when other graduated sanctions or 40
p. 24 HB 1378
interventions have not been effective or the behavior is so egregious 1
it warrants the use of the higher level intervention and the 2
violation: (i) Is a known pattern of behavior consistent with a 3
previous sex offense that puts the youth at high risk for reoffending 4
sexually; (ii) consists of sexual behavior that is determined to be 5
predatory as defined in RCW 71.09.020; or (iii) requires a review 6
under chapter 71.09 RCW, due to a recent overt act. The total number 7
of days of confinement for violations of parole conditions during the 8
parole period shall not exceed the number of days provided by the 9
maximum sentence imposed by the disposition for the underlying 10
offense pursuant to RCW 13.40.0357. The department shall not 11
aggregate multiple parole violations that occur prior to the parole 12
revocation hearing and impose consecutive ((twenty-four)) 24 week 13
periods of confinement for each parole violation. The department is 14
authorized to engage in rule making pursuant to chapter 34.05 RCW, to 15
implement this subsection, including narrowly defining the behaviors 16
that could lead to this higher level intervention.17
(c) If the department finds that any juvenile in a program of 18
parole has possessed a firearm or used a deadly weapon during the 19
program of parole, the department shall modify the parole under (a) 20
of this subsection and confine the juvenile for at least ((thirty)) 21
30 days. Confinement shall be in a facility operated by or pursuant 22
to a contract with the state or any county. 23
(5) A parole officer of the department of children, youth, and 24
families shall have the power to arrest a juvenile under his or her 25
supervision on the same grounds as a law enforcement officer would be 26
authorized to arrest the person. 27
(6) If so requested and approved under chapter 13.06 RCW, the 28
secretary shall permit a county or group of counties to perform 29
functions under subsections (3) through (5) of this section.30
NEW SECTION. Sec. 13. Sections 7 and 9 of this act expire 31
January 1, 2026.32
NEW SECTION. Sec. 14. Sections 8 and 10 of this act take effect 33
January 1, 2026.34
--- END ---
p. 25 HB 1378