Court alternatives/youth

AN ACT Relating to improving developmentally appropriate 1
alternatives for youth outside the formal court process; amending RCW 2
13.40.020, 13.40.080, 13.06.010, 13.06.030, 13.06.040, and 2.56.032; 3
adding a new section to chapter 13.40 RCW; adding a new section to 4
chapter 13.06 RCW; creating new sections; and providing an expiration 5
date. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. (1) The legislature finds that youth 8
diverted from the justice system have lower likelihood for future 9
arrests, higher rates of school completion and college enrollment, 10
and earn higher incomes in adulthood than youth who are adjudicated 11
through the court process.12
(2) The legislature further finds that there is significant cost 13
benefit to offering youth diversion. A 2019 Washington state 14
institute for public policy analysis found that diverting youth 15
returned a societal benefit of more than $11,000 per dollar spent due 16
to lower recidivism rates and improved outcomes. 17
(3) The legislature also finds that diversion is offered at 18
different rates in different counties, leading to justice by 19
geography and pointing to opportunities to expand the use of 20
diversion in Washington. 21
S-0742.1
SENATE BILL 5426
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Frame, Hasegawa, Nobles, Saldaña, Trudeau, and
Valdez
Read first time 01/22/25. Referred to Committee on Human Services.
p. 1 SB 5426
(4) Therefore, it is the intent of the legislature to strengthen 1
the ability of courts to offer robust diversion services, contract 2
with community providers to offer diversion, and improve the data and 3
accountability framework for diversions in Washington state.4
Sec. 2. 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 including an intake appointment , outpatient 18
substance abuse treatment programs, outpatient mental health 19
programs, anger management classes, education or outpatient treatment 20
programs to prevent animal cruelty, or other services including, when 21
appropriate, restorative justice programs; or attendance at school or 22
other educational programs appropriate for the juvenile as determined 23
by the school district. Placement in community-based rehabilitation 24
programs is subject to available funds; 25
(3) "Community-based sanctions" may include community restitution 26
not to exceed 150 hours of community restitution; 27
(4) "Community restitution" means compulsory service, without 28
compensation, performed for the benefit of the community by the 29
offender as punishment for committing an offense. Community 30
restitution may be performed through public or private organizations 31
or through work crews; 32
(5) "Community supervision" means an order of disposition by the 33
court of an adjudicated youth not committed to the department or an 34
order granting a deferred disposition. A community supervision order 35
for a single offense may be for a period of up to two years for a sex 36
offense as defined by RCW 9.94A.030 and up to one year for other 37
offenses. As a mandatory condition of any term of community 38
supervision, the court shall order the juvenile to refrain from 39
p. 2 SB 5426
committing new offenses. As a mandatory condition of community 1
supervision, the court shall order the juvenile to comply with the 2
mandatory school attendance provisions of chapter 28A.225 RCW and to 3
inform the school of the existence of this requirement. Community 4
supervision is an individualized program comprised of one or more of 5
the following: 6
(a) Community-based sanctions; 7
(b) Community-based rehabilitation; 8
(c) Monitoring and reporting requirements; 9
(d) Posting of a probation bond; 10
(e) Residential treatment, where substance abuse, mental health, 11
and/or co-occurring disorders have been identified in an assessment 12
by a qualified mental health professional, psychologist, 13
psychiatrist, co-occurring disorder specialist, or substance use 14
disorder professional and a funded bed is available. If a child 15
agrees to voluntary placement in a state-funded long-term evaluation 16
and treatment facility, the case must follow the existing placement 17
procedure including consideration of less restrictive treatment 18
options and medical necessity. 19
(i) A court may order residential treatment after consideration 20
and findings regarding whether: 21
(A) The referral is necessary to rehabilitate the child;22
(B) The referral is necessary to protect the public or the child;23
(C) The referral is in the child's best interest;24
(D) The child has been given the opportunity to engage in less 25
restrictive treatment and has been unable or unwilling to comply; and26
(E) Inpatient treatment is the least restrictive action 27
consistent with the child's needs and circumstances.28
(ii) In any case where a court orders a child to inpatient 29
treatment under this section, the court must hold a review hearing no 30
later than 60 days after the youth begins inpatient treatment, and 31
every 30 days thereafter, as long as the youth is in inpatient 32
treatment; 33
(6) "Community transition services" means a therapeutic and 34
supportive community-based custody option in which:35
(a) A person serves a portion of their term of confinement 36
residing in the community, outside of department institutions and 37
community facilities; 38
p. 3 SB 5426
(b) The department supervises the person in part through the use 1
of technology that is capable of determining or identifying the 2
monitored person's presence or absence at a particular location;3
(c) The department provides access to developmentally 4
appropriate, trauma-informed, racial equity-based, and culturally 5
relevant programs to promote successful reentry; and6
(d) The department prioritizes the delivery of available 7
programming from individuals who share characteristics with the 8
individual being served related to: Race, ethnicity, sexual identity, 9
and gender identity; 10
(7) "Confinement" means physical custody by the department of 11
children, youth, and families in a facility operated by or pursuant 12
to a contract with the state, or physical custody in a detention 13
facility operated by or pursuant to a contract with any county. The 14
county may operate or contract with vendors to operate county 15
detention facilities. The department may operate or contract to 16
operate detention facilities for juveniles committed to the 17
department. Pretrial confinement or confinement of less than 31 days 18
imposed as part of a disposition or modification order may be served 19
consecutively or intermittently, in the discretion of the court;20
(8) "Court," when used without further qualification, means the 21
juvenile court judge(s) or commissioner(s); 22
(9) "Criminal history" includes all criminal complaints against 23
the respondent for which, prior to the commission of a current 24
offense((:25
(a) The)), the allegations were found correct by a court. If a 26
respondent is convicted of two or more charges arising out of the 27
same course of conduct, only the highest charge from among these 28
shall count as an offense for the purposes of this chapter((; or29
(b) The criminal complaint was diverted by a prosecutor pursuant 30
to the provisions of this chapter on agreement of the respondent and 31
after an advisement to the respondent that the criminal complaint 32
would be considered as part of the respondent's criminal history )). A 33
successfully completed deferred adjudication that was entered before 34
July 1, 1998, or a deferred disposition shall not be considered part 35
of the respondent's criminal history . A successfully completed 36
diversion under RCW 13.40.080 may not be considered part of the 37
respondent's criminal history; 38
(10) "Custodial interrogation" means express questioning or other 39
actions or words by a law enforcement officer which are reasonably 40
p. 4 SB 5426
likely to elicit an incriminating response from an individual and 1
occurs when reasonable individuals in the same circumstances would 2
consider themselves in custody; 3
(11) "Department" means the department of children, youth, and 4
families; 5
(12) "Detention facility" means a county facility, paid for by 6
the county, for the physical confinement of a juvenile alleged to 7
have committed an offense or an adjudicated offender subject to a 8
disposition or modification order. "Detention facility" includes 9
county group homes, inpatient substance abuse programs, juvenile 10
basic training camps, and electronic monitoring; 11
(13) "Diversion unit" means any probation counselor who enters 12
into a diversion agreement with an alleged youthful offender, or any 13
other person, community accountability board, youth court under the 14
supervision of the juvenile court, or other entity with whom the 15
juvenile court administrator has contracted to arrange and supervise 16
such agreements pursuant to RCW 13.40.080, or any person, community 17
accountability board, or other entity specially funded by the 18
legislature to arrange and supervise diversion agreements in 19
accordance with the requirements of this chapter. For purposes of 20
this subsection, "community accountability board" means a board 21
comprised of members of the local community in which the juvenile 22
offender resides. The superior court shall appoint the members. The 23
boards shall consist of at least three and not more than seven 24
members. If possible, the board should include a variety of 25
representatives from the community, such as a law enforcement 26
officer, teacher or school administrator, high school student, 27
parent, and business owner, and should represent the cultural 28
diversity of the local community; 29
(14) "Foster care" means temporary physical care in a foster 30
family home or group care facility as defined in RCW 74.15.020 and 31
licensed by the department, or other legally authorized care;32
(15) "Institution" means a juvenile facility established pursuant 33
to chapters 72.05 and 72.16 through 72.20 RCW; 34
(16) "Intensive supervision program" means a parole program that 35
requires intensive supervision and monitoring, offers an array of 36
individualized treatment and transitional services, and emphasizes 37
community involvement and support in order to reduce the likelihood a 38
juvenile offender will commit further offenses; 39
p. 5 SB 5426
(17) "Juvenile," "youth," and "child" mean any individual who is 1
under the chronological age of 18 years and who has not been 2
previously transferred to adult court pursuant to RCW 13.40.110, 3
unless the individual was convicted of a lesser charge or acquitted 4
of the charge for which he or she was previously transferred pursuant 5
to RCW 13.40.110 or who is not otherwise under adult court 6
jurisdiction; 7
(18) "Juvenile offender" means any juvenile who has been found by 8
the juvenile court to have committed an offense, including a person 9
18 years of age or older over whom the juvenile court has 10
jurisdiction under RCW 13.40.300; 11
(19) "Labor" means the period of time before a birth during which 12
contractions are of sufficient frequency, intensity, and duration to 13
bring about effacement and progressive dilation of the cervix;14
(20) "Local sanctions" means one or more of the following: (a) 15
0-30 days of confinement; (b) 0-12 months of community supervision; 16
or (c) 0-150 hours of community restitution; 17
(21) "Manifest injustice" means a disposition that would either 18
impose an excessive penalty on the juvenile or would impose a 19
serious, and clear danger to society in light of the purposes of this 20
chapter; 21
(22) "Monitoring and reporting requirements" means one or more of 22
the following: Curfews; requirements to remain at home, school, work, 23
or court-ordered treatment programs during specified hours; 24
restrictions from leaving or entering specified geographical areas; 25
requirements to report to the probation officer as directed and to 26
remain under the probation officer's supervision; and other 27
conditions or limitations as the court may require which may not 28
include confinement; 29
(23) "Offense" means an act designated a violation or a crime if 30
committed by an adult under the law of this state, under any 31
ordinance of any city or county of this state, under any federal law, 32
or under the law of another state if the act occurred in that state;33
(24) "Physical restraint" means the use of any bodily force or 34
physical intervention to control a juvenile offender or limit a 35
juvenile offender's freedom of movement in a way that does not 36
involve a mechanical restraint. Physical restraint does not include 37
momentary periods of minimal physical restriction by direct person-38
to-person contact, without the aid of mechanical restraint, 39
accomplished with limited force and designed to: 40
p. 6 SB 5426
(a) Prevent a juvenile offender from completing an act that would 1
result in potential bodily harm to self or others or damage property;2
(b) Remove a disruptive juvenile offender who is unwilling to 3
leave the area voluntarily; or 4
(c) Guide a juvenile offender from one location to another;5
(25) "Postpartum recovery" means (a) the entire period a woman or 6
youth is in the hospital, birthing center, or clinic after giving 7
birth and (b) an additional time period, if any, a treating physician 8
determines is necessary for healing after the youth leaves the 9
hospital, birthing center, or clinic; 10
(26) "Probation bond" means a bond, posted with sufficient 11
security by a surety justified and approved by the court, to secure 12
the offender's appearance at required court proceedings and 13
compliance with court-ordered community supervision or conditions of 14
release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 15
a deposit of cash or posting of other collateral in lieu of a bond if 16
approved by the court; 17
(27) "Respondent" means a juvenile who is alleged or proven to 18
have committed an offense; 19
(28) "Restitution" means financial reimbursement by the offender 20
to the victim, and shall be limited to easily ascertainable damages 21
for injury to or loss of property, actual expenses incurred for 22
medical treatment for physical injury to persons, lost wages 23
resulting from physical injury, and costs of the victim's counseling 24
reasonably related to the offense. Restitution shall not include 25
reimbursement for damages for mental anguish, pain and suffering, or 26
other intangible losses. Nothing in this chapter shall limit or 27
replace civil remedies or defenses available to the victim or 28
offender; 29
(29) "Restorative justice" means practices, policies, and 30
programs informed by and sensitive to the needs of crime victims that 31
are designed to encourage offenders to accept responsibility for 32
repairing the harm caused by their offense by providing safe and 33
supportive opportunities for voluntary participation and 34
communication between the victim, the offender, their families, and 35
relevant community members; 36
(30) "Restraints" means anything used to control the movement of 37
a person's body or limbs and includes: 38
(a) Physical restraint; or 39
p. 7 SB 5426
(b) Mechanical device including but not limited to: Metal 1
handcuffs, plastic ties, ankle restraints, leather cuffs, other 2
hospital-type restraints, tasers, or batons; 3
(31) "Risk assessment tool" means the statistically valid tool 4
used by the department to inform release or placement decisions 5
related to security level, release within the sentencing range, 6
community facility eligibility, community transition services 7
eligibility, and parole. The "risk assessment tool" is used by the 8
department to predict the likelihood of successful reentry and future 9
criminal behavior; 10
(32) "Screening" means a process that is designed to identify a 11
child who is at risk of having mental health, substance abuse, or co-12
occurring mental health and substance abuse disorders that warrant 13
immediate attention, intervention, or more comprehensive assessment. 14
A screening may be undertaken with or without the administration of a 15
formal instrument; 16
(33) "Secretary" means the secretary of the department;17
(34) "Services" means services , including restorative justice, 18
which provide alternatives to incarceration for those juveniles who 19
have pleaded or been adjudicated guilty of an offense or have signed 20
a diversion agreement pursuant to this chapter; 21
(35) "Sex offense" means an offense defined as a sex offense in 22
RCW 9.94A.030; 23
(36) "Sexual motivation" means that one of the purposes for which 24
the respondent committed the offense was for the purpose of the 25
respondent's sexual gratification; 26
(37) "Surety" means an entity licensed under state insurance laws 27
or by the state department of licensing, to write corporate, 28
property, or probation bonds within the state, and justified and 29
approved by the superior court of the county having jurisdiction of 30
the case; 31
(38) "Transportation" means the conveying, by any means, of an 32
incarcerated pregnant youth from the institution or detention 33
facility to another location from the moment she leaves the 34
institution or detention facility to the time of arrival at the other 35
location, and includes the escorting of the pregnant incarcerated 36
youth from the institution or detention facility to a transport 37
vehicle and from the vehicle to the other location;38
p. 8 SB 5426
(39) "Violation" means an act or omission, which if committed by 1
an adult, must be proven beyond a reasonable doubt, and is punishable 2
by sanctions which do not include incarceration; 3
(40) "Violent offense" means a violent offense as defined in RCW 4
9.94A.030; 5
(41) "Youth court" means a diversion unit under the supervision 6
of the juvenile court. 7
Sec. 3. RCW 13.40.080 and 2022 c 34 s 1 are each amended to read 8
as follows: 9
(1) A diversion agreement shall be a contract between a juvenile 10
accused of an offense and a diversion unit whereby the juvenile 11
agrees to fulfill certain conditions in lieu of prosecution. A 12
juvenile's parent or guardian cannot decline to enter into a 13
diversion agreement on behalf of the juvenile and cannot prevent a 14
juvenile from entering into a diversion agreement. Such agreements 15
may be entered into only after the prosecutor, or probation counselor 16
pursuant to this chapter, has determined that probable cause exists 17
to believe that a crime has been committed and that the juvenile 18
committed it. Such agreements shall be entered into as expeditiously 19
as possible. 20
(2) A diversion agreement shall be limited to one or more of the 21
following: 22
(a) Community restitution not to exceed ((one hundred fifty)) 150 23
hours, not to be performed during school hours if the juvenile is 24
attending school; 25
(b) Restitution limited to the amount of actual loss incurred by 26
any victim, excluding restitution owed to any insurance provider 27
under Title 48 RCW; 28
(c) Attendance at up to ((ten)) 10 hours of counseling and/or up 29
to ((twenty)) 20 hours of positive youth development , restorative 30
justice, and educational or informational sessions at a community 31
agency. The educational or informational sessions may include 32
sessions relating to respect for self, others, and authority; victim 33
awareness; accountability; self-worth; responsibility; work ethics; 34
good citizenship; literacy; and life skills. If an assessment 35
identifies mental health or chemical dependency needs, a youth may 36
access up to ((thirty)) 30 hours of counseling. The counseling 37
sessions may include services demonstrated to improve behavioral 38
health and reduce recidivism. For purposes of this section, 39
p. 9 SB 5426
"community agency" may also mean a community-based nonprofit 1
organization, a physician, a counselor, a school, or a treatment 2
provider, if approved by the diversion unit. The state shall not be 3
liable for costs resulting from the diversion unit exercising the 4
option to permit diversion agreements to mandate attendance at up to 5
((thirty)) 30 hours of counseling and/or up to ((twenty)) 20 hours of 6
educational or informational sessions; 7
(d) Requirements to remain during specified hours at home, 8
school, or work, and restrictions on leaving or entering specified 9
geographical areas; and 10
(e) Upon request of any victim or witness, requirements to 11
refrain from any contact with victims or witnesses of offenses 12
committed by the juvenile. 13
(3) Notwithstanding the provisions of subsection (2) of this 14
section, youth courts are not limited to the conditions imposed by 15
subsection (2) of this section in imposing sanctions on juveniles 16
pursuant to RCW 13.40.630. 17
(4) In assessing periods of community restitution to be performed 18
and restitution to be paid by a juvenile who has entered into a 19
diversion agreement, the court officer to whom this task is assigned 20
shall consult with the juvenile's custodial parent or parents or 21
guardian. To the extent possible, the court officer shall advise the 22
victims of the juvenile offender of the diversion process, offer 23
victim impact letter forms and restitution claim forms, and involve 24
members of the community. Such members of the community may meet with 25
the juvenile and may advise the court officer as to the terms of the 26
diversion agreement and may supervise the juvenile in carrying out 27
its terms. 28
(5)(a) A diversion agreement may not exceed a period of six 29
months and may include a period extending beyond the ((eighteenth)) 30
21st birthday of the divertee. 31
(b) If additional time is necessary for the juvenile to complete 32
the terms of the agreement or restitution to a victim, the time 33
period limitations of this subsection may be extended by an 34
additional six months at the request of the juvenile.35
(c) If the juvenile has not paid the full amount of restitution 36
by the end of the additional six-month period, then the juvenile 37
shall be referred to the juvenile court for entry of a civil order 38
establishing the amount of restitution still owed to the victim. In 39
this order, the court shall also determine the terms and conditions 40
p. 10 SB 5426
of the restitution, including a payment plan extending up to ((ten)) 1
10 years if the court determines that the juvenile does not have the 2
means to make full restitution over a shorter period. For the 3
purposes of this subsection (5)(c), the juvenile shall remain under 4
the court's jurisdiction for a maximum term of ((ten)) 10 years after 5
the juvenile's ((eighteenth)) 18th birthday. Prior to the expiration 6
of the initial ((ten-)) 10 year period, the juvenile court may extend 7
the judgment for restitution an additional ((ten)) 10 years. The 8
court may relieve the juvenile of the requirement to pay full or 9
partial restitution if the juvenile reasonably satisfies the court 10
that he or she does not have the means to make full or partial 11
restitution and could not reasonably acquire the means to pay the 12
restitution over a ((ten-)) 10 year period. If the court relieves the 13
juvenile of the requirement to pay full or partial restitution, the 14
court may order an amount of community restitution that the court 15
deems appropriate. The county clerk shall make disbursements to 16
victims named in the order. The restitution to victims named in the 17
order shall be paid prior to any payment for other penalties or 18
monetary assessments. A juvenile under obligation to pay restitution 19
may petition the court for modification of the restitution order.20
(d) A diversion agreement may be completed by the juvenile any 21
time prior to an order terminating the agreement. 22
(6) The juvenile shall retain the right to be referred to the 23
court at any time prior to the signing of the diversion agreement.24
(7) Divertees and potential divertees shall be afforded due 25
process in all contacts with a diversion unit regardless of whether 26
the juveniles are accepted for diversion or whether the diversion 27
program is successfully completed. Such due process shall include, 28
but not be limited to, the following: 29
(a) A written diversion agreement shall be executed stating all 30
conditions in clearly understandable language; 31
(b) Violation of the terms of the agreement shall be the only 32
grounds for termination; 33
(c) No divertee may be terminated from a diversion program 34
without being given a court hearing, which hearing shall be preceded 35
by: 36
(i) Written notice of alleged violations of the conditions of the 37
diversion program; and 38
(ii) Disclosure of all evidence to be offered against the 39
divertee; 40
p. 11 SB 5426
(d) The hearing shall be conducted by the juvenile court and 1
shall include: 2
(i) Opportunity to be heard in person and to present evidence;3
(ii) The right to confront and cross-examine all adverse 4
witnesses; 5
(iii) A written statement by the court as to the evidence relied 6
on and the reasons for termination, should that be the decision; and7
(iv) Demonstration by evidence that the divertee has 8
substantially violated the terms of his or her diversion agreement;9
(e) The prosecutor may file an information on the offense for 10
which the divertee was diverted: 11
(i) In juvenile court if the divertee is under ((eighteen)) 21 12
years of age; or 13
(ii) In superior court or the appropriate court of limited 14
jurisdiction if the divertee is ((eighteen)) 21 years of age or 15
older;16
(f) In no case may a court terminate a diversion agreement on or 17
after the juvenile's 21st birthday and, thereafter, any pending 18
information in the case diverted and any pending motion to terminate 19
shall be dismissed with prejudice. 20
(8) The diversion unit shall, subject to available funds, be 21
responsible for providing interpreters when juveniles need 22
interpreters to effectively communicate during diversion unit 23
hearings or negotiations. 24
(9) The diversion unit shall be responsible for advising a 25
divertee of his or her rights as provided in this chapter.26
(10) The diversion unit may refer a juvenile to a restorative 27
justice program, community-based counseling, or treatment programs.28
(11) The right to counsel shall inure prior to the initial 29
interview for purposes of advising the juvenile as to whether he or 30
she desires to participate in the diversion process or to appear in 31
the juvenile court. The juvenile may be represented by counsel at any 32
critical stage of the diversion process, including intake interviews 33
and termination hearings. The juvenile shall be fully advised at the 34
intake of his or her right to an attorney and of the relevant 35
services an attorney can provide. For the purpose of this section, 36
intake interviews mean all interviews regarding the diversion 37
agreement process. 38
((The juvenile shall be advised that a diversion agreement shall 39
constitute a part of the juvenile's criminal history as defined by 40
p. 12 SB 5426
RCW 13.40.020(8). A signed acknowledgment of such advisement shall be 1
obtained from the juvenile, and the document shall be maintained by 2
the diversion unit together with the diversion agreement, and a copy 3
of both documents shall be delivered to the prosecutor if requested 4
by the prosecutor. The supreme court shall promulgate rules setting 5
forth the content of such advisement in simple language.))6
(12) When a juvenile enters into a diversion agreement, the 7
juvenile court may receive only the following information for 8
dispositional purposes: 9
(a) The fact that a charge or charges were made;10
(b) The fact that a diversion agreement was entered into;11
(c) The juvenile's obligations under such agreement;12
(d) Whether the alleged offender performed his or her obligations 13
under such agreement; and 14
(e) The facts of the alleged offense. 15
(13) A diversion unit may refuse to enter into a diversion 16
agreement with a juvenile. When a diversion unit refuses to enter a 17
diversion agreement with a juvenile, it shall immediately refer such 18
juvenile to the court for action and shall forward to the court the 19
criminal complaint and a detailed statement of its reasons for 20
refusing to enter into a diversion agreement. The diversion unit 21
shall also immediately refer the case to the prosecuting attorney for 22
action if such juvenile violates the terms of the diversion 23
agreement. 24
(14) A diversion unit may, in instances where it determines that 25
the act or omission of an act for which a juvenile has been referred 26
to it involved no victim, or where it determines that the juvenile 27
referred to it has no prior criminal history and is alleged to have 28
committed an illegal act involving no threat of or instance of actual 29
physical harm and involving not more than ((fifty dollars )) $50 in 30
property loss or damage and that there is no loss outstanding to the 31
person or firm suffering such damage or loss, counsel and release or 32
release such a juvenile without entering into a diversion agreement. 33
A diversion unit's authority to counsel and release a juvenile under 34
this subsection includes the authority to refer the juvenile to 35
community-based counseling or treatment programs or a restorative 36
justice program. Any juvenile released under this subsection shall be 37
advised that the act or omission of any act for which he or she had 38
been referred shall constitute a part of the juvenile's criminal 39
history as defined by RCW 13.40.020(8). A signed acknowledgment of 40
p. 13 SB 5426
such advisement shall be obtained from the juvenile, and the document 1
shall be maintained by the unit, and a copy of the document shall be 2
delivered to the prosecutor if requested by the prosecutor. The 3
supreme court shall promulgate rules setting forth the content of 4
such advisement in simple language. A juvenile determined to be 5
eligible by a diversion unit for release as provided in this 6
subsection shall retain the same right to counsel and right to have 7
his or her case referred to the court for formal action as any other 8
juvenile referred to the unit. 9
(15) A diversion unit may supervise the fulfillment of a 10
diversion agreement entered into before the juvenile's ((eighteenth)) 11
18th birthday and which includes a period extending beyond the 12
divertee's ((eighteenth)) 18th birthday. 13
(16) If restitution required by a diversion agreement cannot 14
reasonably be paid due to a change of circumstance, the diversion 15
agreement may be modified at the request of the divertee and with the 16
concurrence of the diversion unit to convert unpaid restitution into 17
community restitution. The modification of the diversion agreement 18
shall be in writing and signed by the divertee and the diversion 19
unit. The number of hours of community restitution in lieu of a 20
monetary penalty shall be converted at the rate of the prevailing 21
state minimum wage per hour. 22
(17) In no case may a diversion be entered into for an offense 23
committed on or after the juvenile's 18th birthday.24
Sec. 4. RCW 13.06.010 and 1983 c 191 s 1 are each amended to 25
read as follows: 26
It is the intention of the legislature in enacting this chapter 27
to increase the protection afforded the citizens of this state, to 28
require community planning, to provide necessary services and 29
supervision for juvenile offenders in the community when appropriate, 30
to reduce reliance on state-operated correctional institutions for 31
offenders whose standard range disposition does not include 32
commitment of the offender to the department, ((and)) to encourage 33
the community to efficiently and effectively provide community 34
services to juvenile offenders through consolidation of service 35
delivery systems, and to provide effective services and referrals to 36
referred and diverted youth to prevent the need for formal court 37
involvement whenever possible. 38
p. 14 SB 5426
Sec. 5. RCW 13.06.030 and 2017 3rd sp.s. c 6 s 717 are each 1
amended to read as follows: 2
(1) The department of children, youth, and families shall adopt 3
rules prescribing minimum standards for the operation of consolidated 4
juvenile services programs for juvenile offenders and such other 5
rules as may be necessary for the administration of the provisions of 6
this chapter. 7
(2) Consolidated juvenile services is a mechanism through which 8
the department of children, youth, and families supports local county 9
comprehensive program plans in providing services to offender groups.10
(3) Standards for consolidated juvenile services shall be 11
sufficiently flexible to support current programs which have 12
demonstrated effectiveness and efficiency, to foster development of 13
innovative and improved services for juvenile offenders, to permit 14
direct contracting with private vendors, and to encourage community 15
support for and assistance to local programs. 16
(4) Consolidated juvenile services include programs and services 17
developed for referred and diverted youth.18
(5) The secretary of children, youth, and families shall seek 19
advice from appropriate juvenile justice system participants in 20
developing standards and procedures for the operation of consolidated 21
juvenile services programs and the distribution of funds under this 22
chapter. 23
Sec. 6. RCW 13.06.040 and 2017 3rd sp.s. c 6 s 718 are each 24
amended to read as follows: 25
Any county or group of counties may make application to the 26
department of children, youth, and families in the manner and form 27
prescribed by the department for financial aid for the cost of 28
consolidated juvenile services programs. Any such application must 29
include a plan or plans for providing consolidated services to 30
juvenile offenders and diverted or referred youth in accordance with 31
standards of the department. 32
NEW SECTION. Sec. 7. A new section is added to chapter 13.40 33
RCW to read as follows: 34
(1) Subject to the availability of funds appropriated for this 35
specific purpose, the department shall establish a grant program 36
within the office of juvenile justice to support community-based 37
p. 15 SB 5426
programs that divert youth from entering or reentering the juvenile 1
justice system. 2
(2) Community-based programs selected to receive grant funding 3
under this section must: 4
(a) Aim to reduce racial and ethnic disparities; and5
(b)(i) Apply in coordination with a school or school district, 6
law enforcement agency, prosecuting attorney's office, or juvenile 7
court; or 8
(ii) Apply as a school or school district. 9
(3) Grant funding provided under this section must be distributed 10
with a priority for: 11
(a) Community-based organizations as the primary applicant;12
(b) Ensuring geographic diversity; and 13
(c) Smaller community-based organizations. 14
NEW SECTION. Sec. 8. A new section is added to chapter 13.06 15
RCW to read as follows: 16
(1) Subject to the availability of funds appropriated for this 17
specific purpose, the administrative office of the courts, in 18
consultation with the department of children, youth, and families, 19
and the Washington association of juvenile court administrators, 20
shall develop common definitions, outcome measures, and data 21
collection methods for both informal and formal juvenile diversion 22
programs. 23
(2) In developing the items described in subsection (1) of this 24
section, the administrative office of the courts shall work towards:25
(a) Obtaining timely and accurate data from the juvenile courts 26
regarding all formal diversion agreements that allow for reporting 27
the number and rate of formal diversions, disaggregated by 28
jurisdiction, race, ethnicity, and gender; 29
(b) Developing methods to define, categorize, and track the use 30
of informal diversion agreements; 31
(c) Engaging in partnerships with community-based organizations; 32
and 33
(d) Implementing goals identified by the administrative office of 34
the courts, the department of children, youth, and families, and the 35
Washington association of juvenile court administrators.36
(3) By July 1, 2026, and in compliance with RCW 43.01.036, the 37
administrative office of the courts shall submit a report to the 38
p. 16 SB 5426
appropriate committees of the legislature and the governor based on 1
the requirements of this section. 2
(4) This section expires July 1, 2027. 3
Sec. 9. RCW 2.56.032 and 2019 c 312 s 17 are each amended to 4
read as follows: 5
(1)(a) ((To accurately track the extent to which courts order 6
youth into a secure detention facility in Washington state for the 7
violation of a court order related to a truancy, at-risk youth, or a 8
child in need of services petition, all )) All juvenile courts shall 9
transmit youth-level secure detention data and juvenile diversion 10
agreement data to the administrative office of the courts.11
(b) Data may either be entered into the statewide management 12
information system for juvenile courts or securely transmitted to the 13
administrative office of the courts at least monthly. Juvenile courts 14
shall provide, at a minimum, the name and date of birth for the 15
youth((,)) and the referral number or court case number ((assigned to 16
the petition, )) associated with the event. For secure detention 17
events, courts shall provide the reasons for admission to the 18
juvenile detention facility, the date of admission, the date of exit, 19
and the time the youth spent in secure confinement. For diversion 20
agreement events, the courts shall provide the date of the diversion 21
agreement and the outcome of the agreement.22
(c) Courts are also encouraged to report individual-level data 23
reflecting ((whether)):24
(i) Whether a detention alternative, such as electronic 25
monitoring, was used, and the time spent in detention alternatives ; 26
and27
(ii) Informal diversion events where no formal diversion 28
agreement is entered into. 29
(d) The administrative office of the courts and the juvenile 30
court administrators must work to develop uniform data standards for 31
detention and diversion. 32
(2) The administrative office of the courts shall deliver an 33
annual statewide report to the legislature that details the number of 34
Washington youth who are placed into detention facilities during the 35
preceding calendar year. The first report shall be delivered by March 36
1, 2017, and shall detail the most serious reason for detention and 37
youth gender, race, and ethnicity. The report must have a specific 38
emphasis on youth who are detained for reasons relating to a truancy, 39
p. 17 SB 5426
at-risk youth, or a child in need of services petition. The report 1
must: 2
(a) Consider the written findings described in RCW 3
7.21.030(2)(e)(ii)(B), and provide an analysis of the rationale and 4
evidence used and the less restrictive options considered;5
(b) Monitor the utilization of alternatives to detention;6
(c) Track trends in the use of at-risk youth petitions;7
(d) Track trends in the use of secure residential programs with 8
intensive wraparound services; and 9
(e) Track the race and gender of youth with at-risk petitions.10
(3) The administrative office of the courts shall deliver an 11
annual statewide report to the legislature that details, 12
disaggregated by age, race, ethnicity, gender, tribal affiliation if 13
known, and county (including the rate per 1,000 youth), the number of 14
Washington youth who enter into a formal diversion agreement each 15
calendar year. The report must indicate:16
(a) How many diversions are entered into before filing an 17
information and how many diversions are entered into after an 18
information is filed;19
(b) The number of successfully completed diversions;20
(c) The rate of successfully completed diversions;21
(d) The types of alleged offenses referred to diversion;22
(e) The number and rate of refused diversions and whether the 23
diversion was refused by the youth or the court;24
(f) The number and type of disposition alternatives granted each 25
calendar year and how many are revoked;26
(g) The number of law enforcement referrals to a prosecuting 27
attorney alleging the commission of a juvenile offense each calendar 28
year organized by referring agency; and29
(h) The number of school referrals to a prosecuting attorney 30
alleging the commission of a juvenile offense each calendar year 31
organized by school district.32
NEW SECTION. Sec. 10. RCW 13.40.020 applies to all completed 33
juvenile diversion agreements and those which are in place but not 34
yet completed on or after the effective date of this section, 35
regardless of when the underlying offense was committed.36
--- END ---
p. 18 SB 5426