DCYF to DOC transfer, age 18

AN ACT Relating to transferring certain individuals from the 1
department of children, youth, and families to the department of 2
corrections at age 18; amending RCW 72.01.410 and 13.40.280; adding a 3
new section to chapter 13.40 RCW; and creating a new section.4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 6
read as follows: 7
(1) Whenever any person is convicted as an adult in the courts of 8
this state of a felony offense committed under the age of eighteen, 9
and is committed for a term of confinement, that person shall be 10
initially placed in a facility operated by the department of 11
children, youth, and families , except as provided in subsection (4) 12
of this section . The department of corrections shall determine the 13
person's earned release date. 14
(a) While in the custody of the department of children, youth, 15
and families, the person must have the same treatment, housing 16
options, transfer, and access to program resources as any other 17
person committed to that juvenile correctional facility or 18
institution pursuant to chapter 13.40 RCW. Except as provided under 19
(d) of this subsection, treatment, placement, and program decisions 20
shall be at the sole discretion of the department of children, youth, 21
S-0401.3
SENATE BILL 5153
State of Washington 69th Legislature 2025 Regular Session
By Senators Gildon, Braun, Christian, Fortunato, Wagoner, Warnick,
and J. Wilson
Prefiled 01/07/25. Read first time 01/13/25. Referred to Committee
on Human Services.
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and families. The person shall not be transferred to the custody of 1
the department of corrections without the approval of the department 2
of children, youth, and families until the person reaches the age of 3
twenty-five. 4
(b) If the person's sentence includes a term of community 5
custody, the department of children, youth, and families shall not 6
release the person to community custody until the department of 7
corrections has approved the person's release plan pursuant to RCW 8
9.94A.729(5)(b). If a person is held past his or her earned release 9
date pending release plan approval, the department of children, 10
youth, and families shall retain custody until a plan is approved or 11
the person completes the ordered term of confinement prior to age 12
twenty-five. 13
(c) If the department of children, youth, and families determines 14
that retaining custody of the person in a facility of the department 15
of children, youth, and families presents a significant safety risk, 16
the department of children, youth, and families may transfer the 17
person to the custody of the department of corrections.18
(d) The department of corrections must retain authority over 19
custody decisions relating to a person whose earned release date is 20
on or after the person's twenty-fifth birthday and who is placed in a 21
facility operated by the department of children, youth, and families 22
under this section, unless the person qualifies for partial 23
confinement under RCW 72.01.412, and must approve any leave from the 24
facility. When the person turns age twenty-five, he or she must be 25
transferred to the department of corrections, except as described 26
under RCW 72.01.412. The department of children, youth, and families 27
has all routine and day-to-day operations authority for the person 28
while the person is in its custody. 29
(2)(a) Except as provided in (b) and (c) of this subsection, a 30
person under the age of eighteen who is transferred to the custody of 31
the department of corrections must be placed in a housing unit, or a 32
portion of a housing unit, that is separated from other persons in 33
custody who are eighteen years of age or older, until the person 34
reaches the age of eighteen. 35
(b) A person who is transferred to the custody of the department 36
of corrections and reaches eighteen years of age may remain in a 37
housing unit for persons under the age of eighteen if the secretary 38
of corrections determines that: (i) The person's needs and the 39
rehabilitation goals for the person could continue to be better met 40
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by the programs and housing environment that is separate from other 1
persons in custody who are eighteen years of age and older; and (ii) 2
the programs or housing environment for persons under the age of 3
eighteen will not be substantially affected by the continued 4
placement of the person in that environment. The person may remain 5
placed in a housing unit for persons under the age of eighteen until 6
such time as the secretary of corrections determines that the 7
person's needs and goals are no longer better met in that environment 8
but in no case past the person's twenty-fifth birthday.9
(c) A person transferred to the custody of the department of 10
corrections who is under the age of eighteen may be housed in an 11
intensive management unit or administrative segregation unit 12
containing offenders eighteen years of age or older if it is 13
necessary for the safety or security of the offender or staff. In 14
these cases, the offender must be kept physically separate from other 15
offenders at all times. 16
(3) The department of children, youth, and families must review 17
the placement of a person over age twenty-one in the custody of the 18
department of children, youth, and families under this section to 19
determine whether the person should be transferred to the custody of 20
the department of corrections. The department of children, youth, and 21
families may determine the frequency of the review required under 22
this subsection, but the review must occur at least once before the 23
person reaches age twenty-three if the person's commitment period in 24
a juvenile institution extends beyond the person's twenty-third 25
birthday. 26
(4)(a) Whenever any person is convicted as an adult in the courts 27
of this state of a serious violent offense, as defined in RCW 28
9.94A.030, committed under the age of 18, and is committed for a term 29
of confinement, that person shall be initially placed in a facility 30
operated by the department of children, youth, and families until the 31
person reaches the age of 18. When the person turns age 18, the 32
person shall be transferred to the department of corrections.33
(b) The hearing requirements in RCW 13.40.280 do not apply to a 34
person transferred to the department of corrections under this 35
subsection (4).36
NEW SECTION. Sec. 2. A new section is added to chapter 13.40 37
RCW to read as follows: 38
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(1) Whenever a juvenile is adjudicated of a serious violent 1
offense, as defined in RCW 9.94A.030, and is committed for a term of 2
confinement at the department, that person shall be transferred to 3
the department of corrections when the person turns age 18.4
(2) The hearing requirements in RCW 13.40.280 do not apply to a 5
juvenile transferred to the department of corrections under this 6
section. 7
Sec. 3. RCW 13.40.280 and 2017 3rd sp.s. c 6 s 611 are each 8
amended to read as follows: 9
(1) The secretary of the department of children, youth, and 10
families, with the consent of the secretary of the department of 11
corrections, has the authority to transfer a juvenile presently or 12
hereafter committed to the department of children, youth, and 13
families to the department of corrections for appropriate 14
institutional placement in accordance with this section.15
(2) The secretary of the department of children, youth, and 16
families may, with the consent of the secretary of the department of 17
corrections, transfer a juvenile offender to the department of 18
corrections if it is established at a hearing before a review board 19
that continued placement of the juvenile offender in an institution 20
for juvenile offenders presents a continuing and serious threat to 21
the safety of others in the institution. The department of children, 22
youth, and families shall establish rules for the conduct of the 23
hearing, including provision of counsel for the juvenile offender.24
(3) Assaults made against any staff member at a juvenile 25
corrections institution that are reported to a local law enforcement 26
agency shall require a hearing held by the department of children, 27
youth, and families review board within ten judicial working days. 28
The board shall determine whether the accused juvenile offender 29
represents a continuing and serious threat to the safety of others in 30
the institution. 31
(4) Upon conviction in a court of law for custodial assault as 32
defined in RCW 9A.36.100, the department of children, youth, and 33
families review board shall conduct a second hearing, within five 34
judicial working days, to recommend to the secretary of the 35
department of children, youth, and families that the convicted 36
juvenile be transferred to an adult correctional facility if the 37
review board has determined the juvenile offender represents a 38
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continuing and serious threat to the safety of others in the 1
institution. 2
The juvenile has the burden to show cause why the transfer to an 3
adult correctional facility should not occur. 4
(5) A juvenile offender transferred to an institution operated by 5
the department of corrections shall not remain in such an institution 6
beyond the maximum term of confinement imposed by the juvenile court.7
(6) A juvenile offender who has been transferred to the 8
department of corrections under this section may, in the discretion 9
of the secretary of the department of children, youth, and families 10
and with the consent of the secretary of the department of 11
corrections, be transferred from an institution operated by the 12
department of corrections to a facility for juvenile offenders deemed 13
appropriate by the secretary. 14
(7) The hearing requirements of this section do not apply to 15
persons transferred to the department of corrections under RCW 16
72.01.410(4) or section 2 of this act.17
NEW SECTION. Sec. 4. This act applies retroactively to persons 18
in the custody of the department of children, youth, and families on 19
the effective date of this section, regardless of the date of the 20
offense or conviction.21
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