Juvenile rehabilitation

AN ACT Relating to management of individuals who are placed in 1
juvenile rehabilitation institutions; and amending RCW 13.40.020, 2
13.40.460, 72.05.420, 13.40.215, and 72.01.410. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 13.40.020 and 2024 c 117 s 4 are each amended to 5
read as follows: 6
For the purposes of this chapter: 7
(1) "Assessment" means an individualized examination of a child 8
to determine the child's psychosocial needs and problems, including 9
the type and extent of any mental health, substance abuse, or co-10
occurring mental health and substance abuse disorders, and 11
recommendations for treatment. "Assessment" includes, but is not 12
limited to, drug and alcohol evaluations, psychological and 13
psychiatric evaluations, records review, clinical interview, and 14
administration of a formal test or instrument; 15
(2) "Community-based rehabilitation" means one or more of the 16
following: Employment; attendance of information classes; literacy 17
classes; counseling, outpatient substance abuse treatment programs, 18
outpatient mental health programs, anger management classes, 19
education or outpatient treatment programs to prevent animal cruelty, 20
or other services including, when appropriate, restorative justice 21
H-1186.2
HOUSE BILL 1917
State of Washington 69th Legislature 2025 Regular Session
By Representatives Callan and Eslick
Read first time 02/10/25. Referred to Committee on Early Learning &
Human Services.
p. 1 HB 1917
programs; or attendance at school or other educational programs 1
appropriate for the juvenile as determined by the school district. 2
Placement in community-based rehabilitation programs is subject to 3
available funds; 4
(3) "Community-based sanctions" may include community restitution 5
not to exceed 150 hours of community restitution; 6
(4) "Community restitution" means compulsory service, without 7
compensation, performed for the benefit of the community by the 8
offender as punishment for committing an offense. Community 9
restitution may be performed through public or private organizations 10
or through work crews; 11
(5) "Community supervision" means an order of disposition by the 12
court of an adjudicated youth not committed to the department or an 13
order granting a deferred disposition. A community supervision order 14
for a single offense may be for a period of up to two years for a sex 15
offense as defined by RCW 9.94A.030 and up to one year for other 16
offenses. As a mandatory condition of any term of community 17
supervision, the court shall order the juvenile to refrain from 18
committing new offenses. As a mandatory condition of community 19
supervision, the court shall order the juvenile to comply with the 20
mandatory school attendance provisions of chapter 28A.225 RCW and to 21
inform the school of the existence of this requirement. Community 22
supervision is an individualized program comprised of one or more of 23
the following: 24
(a) Community-based sanctions; 25
(b) Community-based rehabilitation; 26
(c) Monitoring and reporting requirements; 27
(d) Posting of a probation bond; 28
(e) Residential treatment, where substance abuse, mental health, 29
and/or co-occurring disorders have been identified in an assessment 30
by a qualified mental health professional, psychologist, 31
psychiatrist, co-occurring disorder specialist, or substance use 32
disorder professional and a funded bed is available. If a child 33
agrees to voluntary placement in a state-funded long-term evaluation 34
and treatment facility, the case must follow the existing placement 35
procedure including consideration of less restrictive treatment 36
options and medical necessity. 37
(i) A court may order residential treatment after consideration 38
and findings regarding whether: 39
(A) The referral is necessary to rehabilitate the child;40
p. 2 HB 1917
(B) The referral is necessary to protect the public or the child;1
(C) The referral is in the child's best interest;2
(D) The child has been given the opportunity to engage in less 3
restrictive treatment and has been unable or unwilling to comply; and4
(E) Inpatient treatment is the least restrictive action 5
consistent with the child's needs and circumstances.6
(ii) In any case where a court orders a child to inpatient 7
treatment under this section, the court must hold a review hearing no 8
later than 60 days after the youth begins inpatient treatment, and 9
every 30 days thereafter, as long as the youth is in inpatient 10
treatment; 11
(6) "Community transition services" means a therapeutic and 12
supportive community-based custody option in which:13
(a) A person serves a portion of their term of confinement 14
residing in the community, outside of department institutions and 15
community facilities; 16
(b) The department supervises the person in part through the use 17
of technology that is capable of determining or identifying the 18
monitored person's presence or absence at a particular location;19
(c) The department provides access to developmentally 20
appropriate, trauma-informed, racial equity-based, and culturally 21
relevant programs to promote successful reentry; and22
(d) The department prioritizes the delivery of available 23
programming from individuals who share characteristics with the 24
individual being served related to: Race, ethnicity, sexual identity, 25
and gender identity; 26
(7) "Confinement" means physical custody by the department of 27
children, youth, and families in a facility operated by or pursuant 28
to a contract with the state, or physical custody in a detention 29
facility operated by or pursuant to a contract with any county. The 30
county may operate or contract with vendors to operate county 31
detention facilities. The department may operate or contract to 32
operate detention facilities for juveniles committed to the 33
department. Pretrial confinement or confinement of less than 31 days 34
imposed as part of a disposition or modification order may be served 35
consecutively or intermittently, in the discretion of the court;36
(8) "Court," when used without further qualification, means the 37
juvenile court judge(s) or commissioner(s); 38
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(9) "Criminal history" includes all criminal complaints against 1
the respondent for which, prior to the commission of a current 2
offense: 3
(a) The allegations were found correct by a court. If a 4
respondent is convicted of two or more charges arising out of the 5
same course of conduct, only the highest charge from among these 6
shall count as an offense for the purposes of this chapter; or7
(b) The criminal complaint was diverted by a prosecutor pursuant 8
to the provisions of this chapter on agreement of the respondent and 9
after an advisement to the respondent that the criminal complaint 10
would be considered as part of the respondent's criminal history. A 11
successfully completed deferred adjudication that was entered before 12
July 1, 1998, or a deferred disposition shall not be considered part 13
of the respondent's criminal history; 14
(10) "Custodial interrogation" means express questioning or other 15
actions or words by a law enforcement officer which are reasonably 16
likely to elicit an incriminating response from an individual and 17
occurs when reasonable individuals in the same circumstances would 18
consider themselves in custody; 19
(11) "Department" means the department of children, youth, and 20
families; 21
(12) "Detention facility" means a county facility, paid for by 22
the county, for the physical confinement of a juvenile alleged to 23
have committed an offense or an adjudicated offender subject to a 24
disposition or modification order. "Detention facility" includes 25
county group homes, inpatient substance abuse programs, juvenile 26
basic training camps, and electronic monitoring; 27
(13) "Diversion unit" means any probation counselor who enters 28
into a diversion agreement with an alleged youthful offender, or any 29
other person, community accountability board, youth court under the 30
supervision of the juvenile court, or other entity with whom the 31
juvenile court administrator has contracted to arrange and supervise 32
such agreements pursuant to RCW 13.40.080, or any person, community 33
accountability board, or other entity specially funded by the 34
legislature to arrange and supervise diversion agreements in 35
accordance with the requirements of this chapter. For purposes of 36
this subsection, "community accountability board" means a board 37
comprised of members of the local community in which the juvenile 38
offender resides. The superior court shall appoint the members. The 39
boards shall consist of at least three and not more than seven 40
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members. If possible, the board should include a variety of 1
representatives from the community, such as a law enforcement 2
officer, teacher or school administrator, high school student, 3
parent, and business owner, and should represent the cultural 4
diversity of the local community; 5
(14) "Foster care" means temporary physical care in a foster 6
family home or group care facility as defined in RCW 74.15.020 and 7
licensed by the department, or other legally authorized care;8
(15) "Institution" means a juvenile facility established pursuant 9
to chapters 72.05 and 72.16 through 72.20 RCW; 10
(16) "Intensive supervision program" means a parole program that 11
requires intensive supervision and monitoring, offers an array of 12
individualized treatment and transitional services, and emphasizes 13
community involvement and support in order to reduce the likelihood a 14
juvenile offender will commit further offenses; 15
(17) "Juvenile," "youth," and "child" mean any individual who is 16
under the chronological age of 18 years and who has not been 17
previously transferred to adult court pursuant to RCW 13.40.110, 18
unless the individual was convicted of a lesser charge or acquitted 19
of the charge for which he or she was previously transferred pursuant 20
to RCW 13.40.110 or who is not otherwise under adult court 21
jurisdiction; 22
(18) "Juvenile offender" means any juvenile who has been found by 23
the juvenile court to have committed an offense, including a person 24
18 years of age or older over whom the juvenile court has 25
jurisdiction under RCW 13.40.300; 26
(19) "Labor" means the period of time before a birth during which 27
contractions are of sufficient frequency, intensity, and duration to 28
bring about effacement and progressive dilation of the cervix;29
(20) "Local sanctions" means one or more of the following: (a) 30
0-30 days of confinement; (b) 0-12 months of community supervision; 31
or (c) 0-150 hours of community restitution; 32
(21) "Manifest injustice" means a disposition that would either 33
impose an excessive penalty on the juvenile or would impose a 34
serious, and clear danger to society in light of the purposes of this 35
chapter; 36
(22) "Monitoring and reporting requirements" means one or more of 37
the following: Curfews; requirements to remain at home, school, work, 38
or court-ordered treatment programs during specified hours; 39
restrictions from leaving or entering specified geographical areas; 40
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requirements to report to the probation officer as directed and to 1
remain under the probation officer's supervision; and other 2
conditions or limitations as the court may require which may not 3
include confinement; 4
(23) "Offense" means an act designated a violation or a crime if 5
committed by an adult under the law of this state, under any 6
ordinance of any city or county of this state, under any federal law, 7
or under the law of another state if the act occurred in that state;8
(24) "Physical restraint" means the use of any bodily force or 9
physical intervention to control a juvenile offender or limit a 10
juvenile offender's freedom of movement in a way that does not 11
involve a mechanical restraint. Physical restraint does not include 12
momentary periods of minimal physical restriction by direct person-13
to-person contact, without the aid of mechanical restraint, 14
accomplished with limited force and designed to: 15
(a) Prevent a juvenile offender from completing an act that would 16
result in potential bodily harm to self or others or damage property;17
(b) Remove a disruptive juvenile offender who is unwilling to 18
leave the area voluntarily; or 19
(c) Guide a juvenile offender from one location to another;20
(25) "Postpartum recovery" means (a) the entire period a woman or 21
youth is in the hospital, birthing center, or clinic after giving 22
birth and (b) an additional time period, if any, a treating physician 23
determines is necessary for healing after the youth leaves the 24
hospital, birthing center, or clinic; 25
(26) "Probation bond" means a bond, posted with sufficient 26
security by a surety justified and approved by the court, to secure 27
the offender's appearance at required court proceedings and 28
compliance with court-ordered community supervision or conditions of 29
release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 30
a deposit of cash or posting of other collateral in lieu of a bond if 31
approved by the court; 32
(27) "Respondent" means a juvenile who is alleged or proven to 33
have committed an offense; 34
(28) "Restitution" means financial reimbursement by the offender 35
to the victim, and shall be limited to easily ascertainable damages 36
for injury to or loss of property, actual expenses incurred for 37
medical treatment for physical injury to persons, lost wages 38
resulting from physical injury, and costs of the victim's counseling 39
reasonably related to the offense. Restitution shall not include 40
p. 6 HB 1917
reimbursement for damages for mental anguish, pain and suffering, or 1
other intangible losses. Nothing in this chapter shall limit or 2
replace civil remedies or defenses available to the victim or 3
offender; 4
(29) "Restorative justice" means practices, policies, and 5
programs informed by and sensitive to the needs of crime victims that 6
are designed to encourage offenders to accept responsibility for 7
repairing the harm caused by their offense by providing safe and 8
supportive opportunities for voluntary participation and 9
communication between the victim, the offender, their families, and 10
relevant community members; 11
(30) "Restraints" means anything used to control the movement of 12
a person's body or limbs and includes: 13
(a) Physical restraint; or 14
(b) Mechanical device including but not limited to: Metal 15
handcuffs, plastic ties, ankle restraints, leather cuffs, other 16
hospital-type restraints, tasers, or batons; 17
(31) "Risk assessment tool" means the statistically valid tool 18
used by the department to inform release or placement decisions 19
related to security level, release within the sentencing range, 20
community facility eligibility, community transition services 21
eligibility, and parole. The "risk assessment tool" is used by the 22
department to predict the likelihood of successful reentry and future 23
criminal behavior; 24
(32) "Safe operational capacity" means the maximum number of 25
inmates that can reside in an institution according to RCW 26
13.40.460(9) in order to safely provide treatment aligned with 27
juvenile justice standards;28
(33) "Screening" means a process that is designed to identify a 29
child who is at risk of having mental health, substance abuse, or co-30
occurring mental health and substance abuse disorders that warrant 31
immediate attention, intervention, or more comprehensive assessment. 32
A screening may be undertaken with or without the administration of a 33
formal instrument; 34
(((33))) (34) "Secretary" means the secretary of the department;35
(((34))) (35) "Services" means services which provide 36
alternatives to incarceration for those juveniles who have pleaded or 37
been adjudicated guilty of an offense or have signed a diversion 38
agreement pursuant to this chapter; 39
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(((35))) (36) "Sex offense" means an offense defined as a sex 1
offense in RCW 9.94A.030; 2
(((36))) (37) "Sexual motivation" means that one of the purposes 3
for which the respondent committed the offense was for the purpose of 4
the respondent's sexual gratification; 5
(((37))) (38) "Surety" means an entity licensed under state 6
insurance laws or by the state department of licensing, to write 7
corporate, property, or probation bonds within the state, and 8
justified and approved by the superior court of the county having 9
jurisdiction of the case; 10
(((38))) (39) "Transportation" means the conveying, by any means, 11
of an incarcerated pregnant youth from the institution or detention 12
facility to another location from the moment she leaves the 13
institution or detention facility to the time of arrival at the other 14
location, and includes the escorting of the pregnant incarcerated 15
youth from the institution or detention facility to a transport 16
vehicle and from the vehicle to the other location;17
(((39))) (40) "Violation" means an act or omission, which if 18
committed by an adult, must be proven beyond a reasonable doubt, and 19
is punishable by sanctions which do not include incarceration;20
(((40))) (41) "Violent offense" means a violent offense as 21
defined in RCW 9.94A.030; 22
(((41))) (42) "Youth court" means a diversion unit under the 23
supervision of the juvenile court. 24
Sec. 2. RCW 13.40.460 and 2017 3rd sp.s. c 6 s 616 are each 25
amended to read as follows: 26
The secretary or the secretary's designee shall manage and 27
administer the department's juvenile rehabilitation responsibilities, 28
including but not limited to the operation of all state institutions 29
or facilities used for juvenile rehabilitation. 30
The secretary or the secretary's designee shall:31
(1) Prepare a biennial budget request sufficient to meet the 32
confinement and rehabilitative needs of the juvenile rehabilitation 33
program, as forecast by the office of financial management;34
(2) Create by rule a formal system for inmate classification. 35
This classification system shall consider: 36
(a) Public safety; 37
(b) Internal security and staff safety; 38
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(c) Rehabilitative resources both within and outside the 1
department; 2
(d) An assessment of each offender's risk of sexually aggressive 3
behavior as provided in RCW 13.40.470; and 4
(e) An assessment of each offender's vulnerability to sexually 5
aggressive behavior as provided in RCW 13.40.470; 6
(3) Develop agreements with local jurisdictions to develop 7
regional facilities with a variety of custody levels;8
(4) Adopt rules establishing effective disciplinary policies to 9
maintain order within institutions; 10
(5) Develop a comprehensive diagnostic evaluation process to be 11
used at intake, including but not limited to evaluation for substance 12
addiction or abuse, literacy, learning disabilities, fetal alcohol 13
syndrome or effect, attention deficit disorder, and mental health;14
(6) Develop placement criteria: 15
(a) To avoid assigning youth who present a moderate or high risk 16
of sexually aggressive behavior to the same sleeping quarters as 17
youth assessed as vulnerable to sexual victimization under RCW 18
13.40.470(1)(c); and 19
(b) To avoid placing a juvenile offender on parole status who has 20
been assessed as a moderate to high risk for sexually aggressive 21
behavior in a department community residential program with another 22
child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk 23
youth or child in need of services under chapter 13.32A RCW; and (ii) 24
not also a juvenile offender on parole status; 25
(7) Develop a plan to implement, by July 1, 1995:26
(a) Substance abuse treatment programs for all state juvenile 27
rehabilitation facilities and institutions; 28
(b) Vocational education and instruction programs at all state 29
juvenile rehabilitation facilities and institutions; and30
(c) An educational program to establish self-worth and 31
responsibility in juvenile offenders. This educational program shall 32
emphasize instruction in character-building principles such as: 33
Respect for self, others, and authority; victim awareness; 34
accountability; work ethics; good citizenship; and life skills; 35
((and))36
(8)(a) The department shall develop uniform policies related to 37
custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that 38
are to be followed in all juvenile rehabilitation facilities; and39
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(b) The department will report assaults in accordance with the 1
policies developed in (a) of this subsection;2
(9) Develop rules related to the safe operational capacity of 3
institutions and revise those rules as necessary. In developing the 4
maximum number of inmates that constitute safe operating capacity for 5
each institution, the department must consider the following 6
conditions:7
(a) Single-occupancy rooms;8
(b) 10 percent of facility beds reserved for intensive management 9
unit beds and for flexibility of movement of inmates;10
(c) Appropriate bathroom and shower ratio to inmates;11
(d) Adequate education space to ensure that all inmates can 12
maintain a full class schedule; and13
(e) Adequate indoor and outdoor recreation space to safely manage 14
population groups;15
(10) Before a transfer occurs under RCW 72.01.410(2)(a)(iii), 16
take action to reduce the population of any institution when the 17
secretary concludes that the population exceeds 105 percent of the 18
safe operational capacity. When taking action under this subsection, 19
the secretary may:20
(a) Transfer a sufficient number of people from an institution to 21
community facilities to reduce the population. When placing a person 22
in a community facility under this subsection, the secretary may 23
waive the requirements of RCW 72.05.420 (1)(b) and (3) and 24
13.40.215(1) (a) and (b); and25
(b) Release any person adjudicated of a juvenile offense who has 26
remained in confinement for at least the minimum number of weeks 27
provided for by the person's standard range determined under RCW 28
13.40.0357;29
(11) Monitor the number of people residing at each institution 30
and, when that number reaches 90 percent of the safe operational 31
capacity, begin planning for methods to avoid exceeding the safe 32
operational capacity at each institution. The planning under this 33
subsection must include the following:34
(a) Notifying individuals who may be released or transferred to 35
community facilities when the secretary concludes that the population 36
exceeds 105 percent of the safe operational capacity under subsection 37
(10) of this section;38
p. 10 HB 1917
(b) Discussing with the department of corrections any early 1
release options for individuals convicted in an adult court of 2
offenses that occurred before turning age 18;3
(c) Notifying individuals who may be transferred to the 4
department of corrections when the secretary concludes that the 5
population exceeds 105 percent of the safe operational capacity under 6
RCW 72.01.410(2)(a)(iii); and7
(d) Reviewing the capacity of community facilities.8
Sec. 3. RCW 72.05.420 and 1998 c 269 s 10 are each amended to 9
read as follows: 10
(1) The department shall not initially place an offender in a 11
community facility unless: 12
(a) The department has conducted a risk assessment, including a 13
determination of drug and alcohol abuse, and the results indicate the 14
juvenile will pose not more than a minimum risk to public safety; and15
(b) ((The)) Except as provided in RCW 13.40.460(10), the offender 16
has spent at least ((ten)) 10 percent of his or her sentence, but in 17
no event less than ((thirty)) 30 days, in a secure institution 18
operated by, or under contract with, the department.19
The risk assessment must include consideration of all prior 20
convictions and all available nonconviction data released upon 21
request under RCW 10.97.050, and any serious infractions or serious 22
violations while under the jurisdiction of the secretary or the 23
courts. 24
(2) No juvenile offender may be placed in a community facility 25
until the juvenile's student records and information have been 26
received and the department has reviewed them in conjunction with all 27
other information used for risk assessment, security classification, 28
and placement of the juvenile. 29
(3) ((A)) Except as provided in RCW 13.40.460(10), a juvenile 30
offender shall not be placed in a community facility until the 31
department's risk assessment and security classification is complete 32
and local law enforcement has been properly notified.33
Sec. 4. RCW 13.40.215 and 2021 c 206 s 5 are each amended to 34
read as follows: 35
(1)(a) Except as provided in subsection (2) of this section and 36
RCW 13.40.460(10), at the earliest practicable date, and in no event 37
later than ((thirty)) 30 days before discharge, parole, or any other 38
p. 11 HB 1917
authorized leave or release, or before transfer to a community 1
residential facility or community transition services program, the 2
secretary shall send written notice of the discharge, parole, 3
authorized leave or release, or transfer of a juvenile found to have 4
committed a violent offense, a sex offense, or stalking, to the 5
following: 6
(i) The chief of police of the city, if any, in which the 7
juvenile will reside; and 8
(ii) The sheriff of the county in which the juvenile will reside.9
(b)(i) Except as provided in subsection (2) of this section and 10
RCW 13.40.460(10), at the earliest practicable date, and in no event 11
later than ((thirty)) 30 days before discharge, parole, or any other 12
authorized leave or release, or before transfer to a community 13
residential facility or community transition services program, the 14
secretary shall send written notice of the discharge, parole, 15
authorized leave or release, or transfer of an individual who is 16
found to have committed a violent offense or a sex offense, is 17
((twenty-one)) 21 years of age or younger, and has not received a 18
high school diploma or its equivalent, to the designated recipient of 19
the school where the juvenile either: (A) Was enrolled prior to 20
incarceration or detention; or (B) has expressed an intention to 21
enroll following his or her release. This notice must also include 22
the restrictions described in subsection (5) of this section.23
(ii) ((The)) Except as provided in RCW 13.40.460(10), the 24
community residential facility shall provide written notice of the 25
offender's criminal history to the designated recipient of any school 26
that the offender attends while residing at the community residential 27
facility and to any employer that employs the offender while residing 28
at the community residential facility. 29
(iii) As used in this subsection, "designated recipient" means: 30
(A) The superintendent of the school district, or his or her 31
designee, of a common school as defined in RCW 28A.150.020 or a 32
school that is the subject of a state-tribal education compact under 33
chapter 28A.715 RCW; (B) the administrator of a charter public school 34
governed by chapter 28A.710 RCW; or (C) the administrator of a 35
private school approved under chapter 28A.195 RCW.36
(c) The same notice as required by (a) of this subsection shall 37
be sent to the following, if such notice has been requested in 38
writing about a specific juvenile: 39
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(i) The victim of the offense for which the juvenile was found to 1
have committed or the victim's next of kin if the crime was a 2
homicide; 3
(ii) Any witnesses who testified against the juvenile in any 4
court proceedings involving the offense; and 5
(iii) Any person specified in writing by the prosecuting 6
attorney. 7
Information regarding victims, next of kin, or witnesses requesting 8
the notice, information regarding any other person specified in 9
writing by the prosecuting attorney to receive the notice, and the 10
notice are confidential and shall not be available to the juvenile. 11
The notice to the chief of police or the sheriff shall include the 12
identity of the juvenile, the residence where the juvenile will 13
reside, the identity of the person, if any, responsible for 14
supervising the juvenile, and the time period of any authorized 15
leave. 16
(d) The ((thirty)) 30-day notice requirements contained in this 17
subsection shall not apply to emergency medical furloughs.18
(e) The existence of the notice requirements in this subsection 19
will not require any extension of the release date in the event the 20
release plan changes after notification. 21
(2)(a) If a juvenile found to have committed a violent offense, a 22
sex offense, or stalking escapes from a facility of the department, 23
the secretary shall immediately notify, by the most reasonable and 24
expedient means available, the chief of police of the city and the 25
sheriff of the county in which the juvenile resided immediately 26
before the juvenile's arrest. If previously requested, the secretary 27
shall also notify the witnesses and the victim of the offense which 28
the juvenile was found to have committed or the victim's next of kin 29
if the crime was a homicide. If the juvenile is recaptured, the 30
secretary shall send notice to the persons designated in this 31
subsection as soon as possible but in no event later than two working 32
days after the department learns of such recapture.33
(b) The secretary may authorize a leave, for a juvenile found to 34
have committed a violent offense, a sex offense, or stalking, which 35
shall not exceed ((forty-eight)) 48 hours plus travel time, to meet 36
an emergency situation such as a death or critical illness of a 37
member of the juvenile's family. The secretary may authorize a leave, 38
which shall not exceed the time medically necessary, to obtain 39
medical care not available in a juvenile facility maintained by the 40
p. 13 HB 1917
department. Prior to the commencement of an emergency or medical 1
leave, the secretary shall give notice of the leave to the 2
appropriate law enforcement agency in the jurisdiction in which the 3
juvenile will be during the leave period. The notice shall include 4
the identity of the juvenile, the time period of the leave, the 5
residence of the juvenile during the leave, and the identity of the 6
person responsible for supervising the juvenile during the leave. If 7
previously requested, the department shall also notify the witnesses 8
and victim of the offense which the juvenile was found to have 9
committed or the victim's next of kin if the offense was a homicide.10
In case of an emergency or medical leave the secretary may waive 11
all or any portion of the requirements for leaves pursuant to RCW 12
13.40.205 (2)(a), (3), (4), and (5). 13
(3) If the victim, the victim's next of kin, or any witness is 14
under the age of ((sixteen)) 16, the notice required by this section 15
shall be sent to the parents or legal guardian of the child.16
(4) The secretary shall send the notices required by this chapter 17
to the last address provided to the department by the requesting 18
party. The requesting party shall furnish the department with a 19
current address. 20
(5) Upon discharge, parole, transfer to a community residential 21
facility, or other authorized leave or release, a convicted juvenile 22
sex offender shall not attend a public or approved private 23
elementary, middle, or high school that is attended by a victim or a 24
sibling of a victim of the sex offender. The parents or legal 25
guardians of the convicted juvenile sex offender shall be responsible 26
for transportation or other costs associated with or required by the 27
sex offender's change in school that otherwise would be paid by a 28
school district. 29
(6) For purposes of this section the following terms have the 30
following meanings: 31
(a) "Violent offense" means a violent offense under RCW 32
9.94A.030; 33
(b) "Sex offense" means a sex offense under RCW 9.94A.030;34
(c) "Stalking" means the crime of stalking as defined in RCW 35
9A.46.110; 36
(d) "Next of kin" means a person's spouse, parents, siblings, and 37
children. 38
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Sec. 5. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 1
read as follows: 2
(1) Whenever any person is convicted as an adult in the courts of 3
this state of a felony offense committed under the age of 4
((eighteen)) 18, and is committed for a term of confinement, that 5
person shall be initially placed in a facility operated by the 6
department of children, youth, and families unless the facility in 7
which they are to be placed is at or above 105 percent of the safe 8
operational capacity as described in RCW 13.40.460(9) and the person 9
is over the age of 21 at the time of placement with an earned release 10
date after the age of 26 . The department of corrections shall 11
determine the person's earned release date. 12
(a) While in the custody of the department of children, youth, 13
and families, the person must have the same treatment, housing 14
options, ((transfer,)) and access to program resources as any other 15
person committed to that juvenile correctional facility or 16
institution pursuant to chapter 13.40 RCW. Except as provided under 17
(((d) of this)) subsection (3) of this section, treatment, placement, 18
and program decisions shall be at the sole discretion of the 19
department of children, youth, and families. ((The person shall not 20
be transferred to the custody of the department of corrections 21
without the approval of the department of children, youth, and 22
families until the person reaches the age of twenty-five.))23
(b) If the person's sentence includes a term of community 24
custody, the department of children, youth, and families shall not 25
release the person to community custody until the department of 26
corrections has approved the person's release plan pursuant to RCW 27
9.94A.729(5)(b). If a person is held past his or her earned release 28
date pending release plan approval, the department of children, 29
youth, and families shall retain custody until a plan is approved or 30
the person completes the ordered term of confinement prior to age 31
((twenty-five)) 25. 32
(((c))) (2)(a) The department of children, youth, and families 33
may not transfer a person placed in a facility operated by the 34
department of children, youth, and families under this section to the 35
custody of the department of corrections until the person reaches the 36
age of 25, unless it is established at a hearing before a review 37
board that one of the following exceptions applies:38
(i) If the department of children, youth, and families 39
((determines)) establishes that ((retaining custody )) continued 40
p. 15 HB 1917
placement of the person in a facility of the department of children, 1
youth, and families presents a significant safety risk to other 2
people in the facility , the department of children, youth, and 3
families may transfer the person to the custody of the department of 4
corrections;5
(ii) Any person who is at least 18 years old may request to be 6
transferred to the custody of the department of corrections, and the 7
review board must determine that the person is making a knowing, 8
voluntary and willing transfer. The department of children, youth, 9
and families shall coordinate with the department of corrections to 10
transfer any person that makes a transfer request under this 11
subsection. The department of corrections shall place individuals who 12
voluntarily transfer to their custody under this subsection directly 13
into any placement that is agreed to by the department of corrections 14
without first placing the individual in a facility designed for 15
classification. Transfers that occur under this subsection may not 16
occur until a department of corrections classification has been 17
established and placement eligibility has been confirmed; and18
(iii) After taking the steps outlined in RCW 13.40.460(10) to 19
release or transfer individuals to community facilities, if the 20
population of the juvenile rehabilitation institution exceeds 105 21
percent of the safe operational capacity as described in RCW 22
13.40.460(9), the secretary of the department of children, youth, and 23
families may identify a sufficient number of persons who are placed 24
in a facility operated by the department of children, youth, and 25
families under this section that must transfer to the custody of the 26
department of corrections in order to reduce the population of the 27
facility to a safe operational capacity, and the review board will 28
determine whether the conditions outlined in this subsection apply.29
(b) In determining which persons to transfer under (a)(iii) of 30
this subsection, the department of children, youth, and families 31
shall prioritize transfer of the oldest individuals who have the 32
longest terms of confinement that will be served in the custody of 33
the department of corrections after their 25th birthday.34
(((d))) (3) The department of corrections must retain authority 35
over custody decisions relating to a person whose earned release date 36
is on or after the person's ((twenty-fifth)) 25th birthday and who is 37
placed in a facility operated by the department of children, youth, 38
and families under this section, unless the person qualifies for 39
partial confinement under RCW 72.01.412, and must approve any leave 40
p. 16 HB 1917
from the facility. When the person turns age ((twenty-five)) 25, he 1
or she must be transferred to the department of corrections, except 2
as described under RCW 72.01.412. The department of children, youth, 3
and families has all routine and day-to-day operations authority for 4
the person while the person is in its custody. 5
(((2))) (4)(a) Except as provided in (b) and (c) of this 6
subsection, a person under the age of ((eighteen)) 18 who is 7
transferred to the custody of the department of corrections must be 8
placed in a housing unit, or a portion of a housing unit, that is 9
separated from other persons in custody who are ((eighteen)) 18 years 10
of age or older, until the person reaches the age of ((eighteen)) 18.11
(b) A person who is transferred to the custody of the department 12
of corrections and reaches ((eighteen)) 18 years of age may remain in 13
a housing unit for persons under the age of ((eighteen)) 18 if the 14
secretary of corrections determines that: (i) The person's needs and 15
the rehabilitation goals for the person could continue to be better 16
met by the programs and housing environment that is separate from 17
other persons in custody who are ((eighteen)) 18 years of age and 18
older; and (ii) the programs or housing environment for persons under 19
the age of ((eighteen)) 18 will not be substantially affected by the 20
continued placement of the person in that environment. The person may 21
remain placed in a housing unit for persons under the age of 22
((eighteen)) 18 until such time as the secretary of corrections 23
determines that the person's needs and goals are no longer better met 24
in that environment but in no case past the person's ((twenty-fifth)) 25
25th birthday. 26
(c) A person transferred to the custody of the department of 27
corrections who is under the age of ((eighteen)) 18 may be housed in 28
an intensive management unit or administrative segregation unit 29
containing offenders ((eighteen)) 18 years of age or older if it is 30
necessary for the safety or security of the offender or staff. In 31
these cases, the offender must be kept physically separate from other 32
offenders at all times. 33
(((3) The department of children, youth, and families must review 34
the placement of a person over age twenty-one in the custody of the 35
department of children, youth, and families under this section to 36
determine whether the person should be transferred to the custody of 37
the department of corrections. The department of children, youth, and 38
families may determine the frequency of the review required under 39
this subsection, but the review must occur at least once before the 40
p. 17 HB 1917
person reaches age twenty-three if the person's commitment period in 1
a juvenile institution extends beyond the person's twenty-third 2
birthday)) (5) The department of children, youth, and families shall 3
review the placement of persons age 21 or older who are placed in the 4
custody of the department of children, youth, and families under this 5
section to provide information to individuals regarding voluntary 6
transfer to the custody of the department of corrections under 7
subsection (2)(a)(ii) of this section based on considerations of the 8
inmate's treatment needs, goals, future plans, length of confinement, 9
classification, and current behavior.10
(a) The department of children, youth, and families may determine 11
the frequency of the review required under this subsection, but the 12
review must occur at least once before the person turns age 23 if the 13
person's commitment period in a juvenile institution extends beyond 14
the person's 23rd birthday.15
(b) At the review required under this subsection, the department 16
of children, youth, and families and the department of corrections 17
must provide information to the person on all available placement 18
options and availability, and a person's specific eligibility for 19
placement. 20
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