Juvenile rehabilitation

AN ACT Relating to improving juvenile rehabilitation, protecting 1
Washingtonians, saving the state millions by repealing the state's 2
disastrous policies of extending juvenile rehabilitation to age 25, 3
and repealing community transition services; amending RCW 13.40.0357, 4
13.40.110, 13.40.193, 13.40.300, 72.01.410, 13.40.020, 13.40.205, 5
13.40.215, and 13.22.010; reenacting and amending RCW 13.04.030; 6
creating a new section; repealing RCW 13.40.301, 13.04.800, 7
72.01.412, and 43.216.180; repealing 2019 c 322 s 1 (uncodified); and 8
repealing 2021 c 206 ss 1, 8, and 10 (uncodified). 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:10
NEW SECTION. Sec. 1. The legislature finds that statewide 11
policies collectively known as "JR-25" have failed to provide 12
rehabilitation to young adults and have contributed to the 13
overpopulation crisis in the juvenile rehabilitation administration. 14
Additionally, these policies have also contributed to increases in 15
violence at Green Hill School, increases in contraband, and 16
inappropriate contact between staff and incarcerated individuals.17
The legislature further finds that as Washington's budget crisis 18
continues, the yearly cost of rehabilitating offenders within the 19
department of children, youth, and families is nearly four times the 20
cost of rehabilitating offenders within the department of 21
S-3478.2
SENATE BILL 6022
State of Washington 69th Legislature 2026 Regular Session
By Senators Christian and J. Wilson
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Human Services.
p. 1 SB 6022
corrections. The legislature recognizes that the average cost per 1
incarcerated individual at the department of corrections is 2
approximately $76,000. By comparison, the average cost per 3
incarcerated individual at the department of children, youth, and 4
families is approximately $257,000. 5
Because of the detrimental impact that the JR-25 policy has had 6
on Washington state and incarcerated youth, the legislature hereby 7
repeals these collective policies. 8
Sec. 2. RCW 13.04.030 and 2024 c 232 s 2 and 2024 c 117 s 3 are 9
each reenacted and amended to read as follows: 10
(1) Except as provided in this section, the juvenile courts in 11
this state shall have exclusive original jurisdiction over all 12
proceedings: 13
(a) Under the interstate compact on placement of children as 14
provided in chapter 26.34 RCW; 15
(b) Relating to children alleged or found to be dependent as 16
provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.161;17
(c) Relating to the termination of a parent and child 18
relationship as provided in RCW 13.34.180 through 13.34.210;19
(d) To approve or disapprove out-of-home placement as provided in 20
RCW 13.32A.170; 21
(e) Relating to juveniles alleged or found to have committed 22
offenses, traffic or civil infractions, or violations as provided in 23
RCW 13.40.020 through 13.40.230, unless: 24
(i) The juvenile court transfers jurisdiction of a particular 25
juvenile to adult criminal court pursuant to RCW 13.40.110;26
(ii) The statute of limitations applicable to adult prosecution 27
for the offense, traffic or civil infraction, or violation has 28
expired; 29
(iii) The alleged offense or infraction is a traffic, fish, 30
boating, or game offense, or traffic or civil infraction committed by 31
a juvenile 16 years of age or older and would, if committed by an 32
adult, be tried or heard in a court of limited jurisdiction, in which 33
instance the appropriate court of limited jurisdiction shall have 34
jurisdiction over the alleged offense or infraction, and no guardian 35
ad litem is required in any such proceeding due to the juvenile's 36
age. If such an alleged offense or infraction and an alleged offense 37
or infraction subject to juvenile court jurisdiction arise out of the 38
same event or incident, the juvenile court may have jurisdiction of 39
p. 2 SB 6022
both matters. The jurisdiction under this subsection does not 1
constitute "transfer" or a "decline" for purposes of RCW 13.40.110 2
(1) or (2) or (e)(i) of this subsection. Courts of limited 3
jurisdiction which confine juveniles for an alleged offense or 4
infraction may place juveniles in juvenile detention facilities under 5
an agreement with the officials responsible for the administration of 6
the juvenile detention facility in RCW 13.04.035 and 13.20.060;7
(iv) The alleged offense is a traffic or civil infraction, a 8
violation of compulsory school attendance provisions under chapter 9
28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction 10
has assumed concurrent jurisdiction over those offenses as provided 11
in RCW 13.04.0301; or 12
(v) The juvenile is 16 or 17 years old on the date the alleged 13
offense is committed and the alleged offense is: 14
(A) A serious violent offense as defined in RCW 9.94A.030;15
(B) A violent offense as defined in RCW 9.94A.030 and the 16
juvenile has a criminal history consisting of: (I) One or more prior 17
serious violent offenses; (II) two or more prior violent offenses; or 18
(III) three or more of any combination of the following offenses: Any 19
class A felony, any class B felony, vehicular assault, or 20
manslaughter in the second degree, all of which must have been 21
committed after the juvenile's 13th birthday and prosecuted 22
separately; ((or))23
(C) ((Rape of a child in the first degree )) Robbery in the first 24
degree, rape of a child in the first degree, or drive-by shooting, 25
committed on or after July 1, 1997;26
(D) Burglary in the first degree committed on or after July 1, 27
1997, and the juvenile has a criminal history consisting of one or 28
more prior felony or misdemeanor offenses; or29
(E) Any violent offense as defined in RCW 9.94A.030 committed on 30
or after July 1, 1997, and the juvenile is alleged to have been armed 31
with a firearm. 32
(I) In such a case the adult criminal court shall have exclusive 33
original jurisdiction, except as provided in (e)(v)(((C))) (E)(II) 34
and (III) of this subsection. 35
(II) The juvenile court shall have exclusive jurisdiction over 36
the disposition of any remaining charges in any case in which the 37
juvenile is found not guilty in the adult criminal court of the 38
charge or charges for which he or she was transferred, or is 39
convicted in the adult criminal court of an offense that is not also 40
p. 3 SB 6022
an offense listed in (e)(v) of this subsection. The juvenile court 1
shall ((maintain residual )) enter an order extending juvenile court 2
jurisdiction ((up to age 25 )) if the juvenile has turned 18 years of 3
age during the adult criminal court proceedings ((but only for the 4
purpose of returning a case to juvenile court for disposition )) 5
pursuant to RCW 13.40.300(2)(a)(ii). However, once the case is 6
returned to juvenile court, the court may hold a decline hearing 7
pursuant to RCW 13.40.110 to determine whether to retain the case in 8
juvenile court for the purpose of disposition or return the case to 9
adult criminal court for sentencing.10
(III) The prosecutor and respondent may agree to juvenile court 11
jurisdiction and waive application of exclusive adult criminal 12
jurisdiction in (e)(v)(A) through (((C))) (E) of this subsection and 13
remove the proceeding back to juvenile court with the court's 14
approval. 15
If the juvenile challenges the state's determination of the 16
juvenile's criminal history under (e)(v) of this subsection, the 17
state may establish the offender's criminal history by a 18
preponderance of the evidence. If the criminal history consists of 19
adjudications entered upon a plea of guilty, the state shall not bear 20
a burden of establishing the knowing and voluntariness of the plea;21
(f) Under the interstate compact on juveniles as provided in 22
chapter 13.24 RCW; 23
(g) Relating to termination of a diversion agreement under RCW 24
13.40.080, including a proceeding in which the divertee has attained 25
18 years of age; 26
(h) Relating to court validation of a voluntary consent to an 27
out-of-home placement under chapter 13.34 RCW, by the parent or 28
Indian custodian of an Indian child, except if the parent or Indian 29
custodian and child are residents of or domiciled within the 30
boundaries of a federally recognized Indian reservation over which 31
the tribe exercises exclusive jurisdiction; and 32
(i) Relating to petitions to compel disclosure of information 33
filed by the department of social and health services pursuant to RCW 34
74.13.042. 35
(2) The family court shall have concurrent original jurisdiction 36
with the juvenile court over all proceedings under this section if 37
the superior court judges of a county authorize concurrent 38
jurisdiction as provided in RCW 26.12.010. 39
p. 4 SB 6022
(3) The juvenile court shall have concurrent original 1
jurisdiction with the family or probate court over minor guardianship 2
proceedings under chapter 11.130 RCW and parenting plans or 3
residential schedules under chapter 26.09, 26.26A, or 26.26B RCW as 4
provided for in RCW 13.34.155. 5
(4) A juvenile subject to adult superior court jurisdiction under 6
subsection (1)(e)(i) through (v) of this section, who is detained 7
pending trial, may be detained in a detention facility as defined in 8
RCW 13.40.020 pending sentencing or a dismissal. 9
(5) Nothing in subsection (1) of this section deprives the 10
superior courts in this state of original jurisdiction granted by the 11
Constitution or by other laws. 12
Sec. 3. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 13
read as follows: 14
15 DESCRIPTION AND OFFENSE CATEGORY
16
17
18
19
20
JUVENILE
DISPOSITION
OFFENSE
CATEGORY DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY , OR
SOLICITATION
21 Arson and Malicious Mischief
22 A Arson 1 (9A.48.020) B+
23 B Arson 2 (9A.48.030) C
24 C Reckless Burning 1 (9A.48.040) D
25 D Reckless Burning 2 (9A.48.050) E
26 B Malicious Mischief 1 (9A.48.070) C
27 C Malicious Mischief 2 (9A.48.080) D
28 D Malicious Mischief 3 (9A.48.090) E
29
30
E Tampering with Fire Alarm Apparatus
(9.40.100)
E
31
32
E Tampering with Fire Alarm Apparatus
with Intent to Commit Arson (9.40.105)
E
33
34
A Possession of Incendiary Device
(9.40.120)
B+
35
36
Assault and Other Crimes Involving
Physical Harm

37 A Assault 1 (9A.36.011) B+
p. 5 SB 6022
1 B+ Assault 2 (9A.36.021) C+
2 C+ Assault 3 (9A.36.031) D+
3 D+ Assault 4 (9A.36.041) E
4
5
B+ Drive-By Shooting (9A.36.045)
((committed at age 15 or under))
C+
6
7
((A++ Drive-By Shooting (9A.36.045)
committed at age 16 or 17
A))
8 D+ Reckless Endangerment (9A.36.050) E
9 C+ Promoting Suicide Attempt (9A.36.060) D+
10 D+ Coercion (9A.36.070) E
11 C+ Custodial Assault (9A.36.100) D+
12 Burglary and Trespass
13
14
B+ Burglary 1 (9A.52.020) ((committed at
age 15 or under))
C+
15
16
((A- Burglary 1 (9A.52.020) committed at
age 16 or 17
B+))
17 B Residential Burglary (9A.52.025) C
18 B Burglary 2 (9A.52.030) C
19
20
D Burglary Tools (Possession of)
(9A.52.060)
E
21 D Criminal Trespass 1 (9A.52.070) E
22 E Criminal Trespass 2 (9A.52.080) E
23 C Mineral Trespass (78.44.330) C
24 C Vehicle Prowling 1 (9A.52.095) D
25 D Vehicle Prowling 2 (9A.52.100) E
26 Drugs
27
28
E Possession/Consumption of Alcohol
(66.44.270)
E
29
30
C Illegally Obtaining Legend Drug
(69.41.020)
D
31
32
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell (69.41.030(2)(a))
D+
33
34
E Possession of Legend
Drug (69.41.030(2)(b))
E
p. 6 SB 6022
1
2
3
4
B+ Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Sale (69.50.401(2) (a) or (b))
B+
5
6
7
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(2)(c))
C
8
9
E Possession of Cannabis <40 grams
(69.50.4014)
E
10
11
C Fraudulently Obtaining Controlled
Substance (69.50.403)
C
12
13
C+ Sale of Controlled Substance for Profit
(69.50.410)
C+
14 E Unlawful Inhalation (9.47A.020) E
15
16
17
18
19
B Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam
Counterfeit Substances (69.50.4011(2)
(a) or (b))
B
20
21
22
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances (69.50.4011(2) (c), (d), or (e))
C
23
24
25
E Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4013)
E
26
27
28
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance (69.50.4012)
C
29 Firearms and Weapons
30 B Theft of Firearm (9A.56.300) C
31
32
B Possession of Stolen Firearm
(9A.56.310)
C
33
34
E Carrying Loaded Pistol Without Permit
(9.41.050)
E
35
36
C Possession of Firearms by Minor (<18)
(9.41.040(2)(a) (v))
C
37
38
D+ Possession of Dangerous Weapon
(9.41.250)
E
p. 7 SB 6022
1
2
D Intimidating Another Person by use of
Weapon (9.41.270)
E
3 Homicide
4 A+ Murder 1 (9A.32.030) A
5 A+ Murder 2 (9A.32.050) B+
6 B+ Manslaughter 1 (9A.32.060) C+
7 C+ Manslaughter 2 (9A.32.070) D+
8 B+ Vehicular Homicide (46.61.520) C+
9 Kidnapping
10 A Kidnap 1 (9A.40.020) B+
11 B+ Kidnap 2 (9A.40.030) C+
12 C+ Unlawful Imprisonment (9A.40.040) D+
13 Obstructing Governmental Operation
14
15
D Obstructing a Law Enforcement Officer
(9A.76.020)
E
16 E Resisting Arrest (9A.76.040) E
17 B Introducing Contraband 1 (9A.76.140) C
18 C Introducing Contraband 2 (9A.76.150) D
19 E Introducing Contraband 3 (9A.76.160) E
20
21
B+ Intimidating a Public Servant
(9A.76.180)
C+
22 B+ Intimidating a Witness (9A.72.110) C+
23 Public Disturbance
24
25
C+ Criminal Mischief with Weapon
(9A.84.010(2)(b))
D+
26
27
D+ Criminal Mischief Without Weapon
(9A.84.010(2)(a))
E
28 E Failure to Disperse (9A.84.020) E
29 E Disorderly Conduct (9A.84.030) E
30 Sex Crimes
31 A Rape 1 (9A.44.040) B+
32
33
((B++ Rape 2 (9A.44.050) committed at age 14
or under
B+))
34
35
A- Rape 2 (9A.44.050) ((committed at age
15 through age 17))
B+
36 C+ Rape 3 (9A.44.060) D+
p. 8 SB 6022
1
2
((B++ Rape of a Child 1 (9A.44.073)
committed at age 14 or under
B+))
3
4
A- Rape of a Child 1 (9A.44.073)
((committed at age 15))
B+
5 B+ Rape of a Child 2 (9A.44.076) C+
6 B Incest 1 (9A.64.020(1)) C
7 C Incest 2 (9A.64.020(2)) D
8
9
D+ Indecent Exposure (Victim <14)
(9A.88.010)
E
10
11
E Indecent Exposure (Victim 14 or over)
(9A.88.010)
E
12 B+ Promoting Prostitution 1 (9A.88.070) C+
13 C+ Promoting Prostitution 2 (9A.88.080) D+
14 E O & A (Prostitution) (9A.88.030) E
15 B+ Indecent Liberties (9A.44.100) C+
16
17
((B++ Child Molestation 1 (9A.44.083)
committed at age 14 or under
B+))
18
19
A- Child Molestation 1 (9A.44.083)
((committed at age 15 through age 17))
B+
20 B Child Molestation 2 (9A.44.086) C+
21
22
C Failure to Register as a Sex Offender
(9A.44.132)
D
23
24
Theft, Robbery, Extortion, and
Forgery

25 B Theft 1 (9A.56.030) C
26 C Theft 2 (9A.56.040) D
27 D Theft 3 (9A.56.050) E
28
29
B Theft of Livestock 1 and 2 (9A.56.080
and 9A.56.083)
C
30 C Forgery (9A.60.020) D
31
32
A Robbery 1 (9A.56.200) ((committed at
age 15 or under))
B+
33
34
((A++ Robbery 1 (9A.56.200) committed at
age 16 or 17
A))
35 B+ Robbery 2 (9A.56.210) C+
36 B+ Extortion 1 (9A.56.120) C+
37 C+ Extortion 2 (9A.56.130) D+
p. 9 SB 6022
1 C Identity Theft 1 (9.35.020(2)) D
2 D Identity Theft 2 (9.35.020(3)) E
3
4
D Improperly Obtaining Financial
Information (9.35.010)
E
5
6
B Possession of a Stolen Vehicle
(9A.56.068)
C
7
8
B Possession of Stolen Property 1
(9A.56.150)
C
9
10
C Possession of Stolen Property 2
(9A.56.160)
D
11
12
D Possession of Stolen Property 3
(9A.56.170)
E
13
14
B Taking Motor Vehicle Without
Permission 1 (9A.56.070)
C
15
16
C Taking Motor Vehicle Without
Permission 2 (9A.56.075)
D
17 B Theft of a Motor Vehicle (9A.56.065) C
18 Motor Vehicle Related Crimes
19 E Driving Without a License (46.20.005) E
20 B+ Hit and Run - Death (46.52.020(4)(a)) C+
21 C Hit and Run - Injury (46.52.020(4)(b)) D
22 D Hit and Run-Attended (46.52.020(5)) E
23 E Hit and Run-Unattended (46.52.010) E
24 C Vehicular Assault (46.61.522) D
25
26
C Attempting to Elude Pursuing Police
Vehicle (46.61.024)
D
27 E Reckless Driving (46.61.500) E
28
29
D Driving While Under the Influence
(46.61.502 and 46.61.504)
E
30
31
B+ Felony Driving While Under the
Influence (46.61.502(6))
B
32
33
B+ Felony Physical Control of a Vehicle
While Under the Influence (46.61.504(6))
B
34 Other
35 B Animal Cruelty 1 (16.52.205) C
36 B Bomb Threat (9.61.160) C
p. 10 SB 6022
1 C Escape 11 (9A.76.110) C
2 C Escape 21 (9A.76.120) C
3 D Escape 3 (9A.76.130) E
4
5
E Obscene, Harassing, Etc., Phone Calls
(9.61.230)
E
6
7
A Other Offense Equivalent to an Adult
Class A Felony
B+
8
9
B Other Offense Equivalent to an Adult
Class B Felony
C
10
11
C Other Offense Equivalent to an Adult
Class C Felony
D
12
13
D Other Offense Equivalent to an Adult
Gross Misdemeanor
E
14
15
E Other Offense Equivalent to an Adult
Misdemeanor
E
16
17
18
V Violation of Order of Restitution,
Community Supervision, or Confinement
(13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 19
and the standard range is established as follows: 20
1st escape or attempted escape during 12-month period - ((28 21
days)) 4 weeks confinement 22
2nd escape or attempted escape during 12-month period - 8 weeks 23
confinement 24
3rd and subsequent escape or attempted escape during 12-month 25
period - 12 weeks confinement 26
2If the court finds that a respondent has violated terms of an order, 27
it may impose a penalty of up to 30 days of confinement.28
JUVENILE SENTENCING STANDARDS29
This schedule must be used for juvenile offenders. The court may 30
select sentencing option A, B, C, or D. 31
32
33
34
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
35 ((A++ 129 to 260 weeks for all category A++ offenses))
p. 11 SB 6022
1 A+ 180 weeks to age 21 for all category A+ offenses
2 A 103-129 weeks for all category A offenses
3 A- ((30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
4
5
6
7
B++)) 15-36 weeks
Except 30-40
weeks for 15 to 17
year olds
52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks
8 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks
9 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks
10 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks
11 C LS LS LS LS 15-36 weeks
12 D+ LS LS LS LS LS
13 D LS LS LS LS LS
14 E LS LS LS LS LS
15 PRIOR 0 1 2 3 4 or more
16 ADJUDICATIONS
NOTE: References in the grid to days or weeks mean periods of 17
confinement. "LS" means "local sanctions" as defined in RCW 18
13.40.020. 19
(1) The vertical axis of the grid is the current offense 20
category. The current offense category is determined by the offense 21
of adjudication. 22
(2) The horizontal axis of the grid is the number of prior 23
adjudications included in the juvenile's criminal history. Each prior 24
felony adjudication shall count as one point. Each prior violation, 25
misdemeanor, and gross misdemeanor adjudication shall count as 1/4 26
point. Fractional points shall be rounded down. 27
(3) The standard range disposition for each offense is determined 28
by the intersection of the column defined by the prior adjudications 29
and the row defined by the current offense category.30
(4) RCW 13.40.180 applies if the offender is being sentenced for 31
more than one offense. 32
(5) A current offense that is a violation is equivalent to an 33
offense category of E. However, a disposition for a violation shall 34
not include confinement. 35
p. 12 SB 6022
OR1
OPTION B2
SUSPENDED DISPOSITION ALTERNATIVE3
(1) If the offender is subject to a standard range disposition 4
involving confinement by the department, the court may impose the 5
standard range and suspend the disposition on condition that the 6
offender comply with one or more local sanctions and any educational 7
or treatment requirement. The treatment programs provided to the 8
offender must be either research-based best practice programs as 9
identified by the Washington state institute for public policy or the 10
joint legislative audit and review committee, or for chemical 11
dependency treatment programs or services, they must be evidence-12
based or research-based best practice programs. For the purposes of 13
this subsection: 14
(a) "Evidence-based" means a program or practice that has had 15
multiple site random controlled trials across heterogeneous 16
populations demonstrating that the program or practice is effective 17
for the population; and 18
(b) "Research-based" means a program or practice that has some 19
research demonstrating effectiveness, but that does not yet meet the 20
standard of evidence-based practices. 21
(2) If the offender fails to comply with the suspended 22
disposition, the court may impose sanctions pursuant to RCW 13.40.200 23
or may revoke the suspended disposition and order the disposition's 24
execution. 25
(3) An offender is ineligible for the suspended disposition 26
option under this section if the offender is: 27
(a) ((Is adjudicated)) Adjudicated of an A+ ((or A++)) offense;28
(b) ((Is fourteen )) 14 years of age or older and is adjudicated 29
of one or more of the following offenses: 30
(i) A class A offense, or an attempt, conspiracy, or solicitation 31
to commit a class A offense; 32
(ii) Manslaughter in the first degree (RCW 9A.32.060); or33
(iii) Assault in the second degree (RCW 9A.36.021), extortion in 34
the first degree (RCW 9A.56.120), kidnapping in the second degree 35
(RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), 36
residential burglary (RCW 9A.52.025), burglary in the second degree 37
(RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular 38
homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), 39
p. 13 SB 6022
intimidating a witness (RCW 9A.72.110), violation of the uniform 1
controlled substances act (RCW 69.50.401(2) (a) and (b)), or 2
manslaughter 2 (RCW 9A.32.070) when the offense includes infliction 3
of bodily harm upon another or when, during the commission or 4
immediate withdrawal from the offense, the respondent was armed with 5
a deadly weapon; ((or6
(iv) Violation of the uniform controlled substances act (RCW 7
69.50.401(2) (a) and (b)), when the offense includes infliction of 8
bodily harm upon another or when during the commission or immediate 9
withdrawal from the offense the respondent was armed with a deadly 10
weapon;))11
(c) ((Is ordered )) Ordered to serve a disposition for a firearm 12
violation under RCW 13.40.193; or13
(d) ((Is adjudicated)) Adjudicated of a sex offense as defined in 14
RCW 9.94A.030((; or15
(e) Has a prior option B disposition)). 16
OR17
OPTION C18
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE19
If the juvenile offender is subject to a standard range 20
disposition of local sanctions or 15 to 36 weeks of confinement and 21
has not committed ((a B++)) an A- or B+ offense, the court may impose 22
a disposition under RCW 13.40.160(4) and 13.40.165.23
OR24
OPTION D25
MANIFEST INJUSTICE26
If the court determines that a disposition under option A, B, or C 27
would effectuate a manifest injustice, the court shall impose a 28
disposition outside the standard range under RCW 13.40.160(2).29
Sec. 4. RCW 13.40.110 and 2024 c 117 s 2 are each amended to 30
read as follows: 31
(1) Discretionary decline hearing - The prosecutor, respondent, 32
or the court on its own motion may, before a hearing on the 33
information on its merits, file a motion requesting the court to 34
transfer the respondent for adult criminal prosecution and the matter 35
shall be set for a hearing on the question of declining jurisdiction 36
((only if:37
p. 14 SB 6022
(a) The respondent was, at the time of the alleged offense, at 1
least 15 years of age or older and is charged with a serious violent 2
offense as defined in RCW 9.94A.030;3
(b) The respondent was, at the time of the alleged offense, 14 4
years of age or younger and is charged with murder in the first 5
degree (RCW 9A.32.030), and/or murder in the second degree (RCW 6
9A.32.050); or7
(c) The respondent is any age and is charged with custodial 8
assault, RCW 9A.36.100, and, at the time the respondent is charged, 9
is already serving a minimum juvenile sentence to age 21)).10
(2) Mandatory decline hearing - Unless waived by the court, the 11
parties, and their counsel, a decline hearing shall be held when 12
((the)):13
(a) The respondent is 16 or 17 years of age and the information 14
alleges a class A felony or an attempt, solicitation, or conspiracy 15
to commit a class A felony;16
(b) The respondent is 17 years of age and the information alleges 17
assault in the second degree, extortion in the first degree, indecent 18
liberties, child molestation in the second degree, kidnapping in the 19
second degree, or robbery in the second degree; or20
(c) The information alleges an escape by the respondent and the 21
respondent is serving a minimum juvenile sentence to age 21.22
(3) The court after a decline hearing may order the case 23
transferred for adult criminal prosecution upon a finding that the 24
declination would be in the best interest of the juvenile or the 25
public. The court shall consider the relevant reports, facts, 26
opinions, and arguments presented by the parties and their counsel.27
(4) When the respondent is transferred for criminal prosecution 28
or retained for prosecution in juvenile court, the court shall set 29
forth in writing its finding which shall be supported by relevant 30
facts and opinions produced at the hearing. 31
Sec. 5. RCW 13.40.193 and 2023 c 295 s 10 are each amended to 32
read as follows: 33
(1) If a respondent is found to have been in possession of a 34
firearm in violation of RCW 9.41.040(2)(a)(v), the court shall impose 35
a minimum disposition of ten days of confinement. If the offender's 36
standard range of disposition for the offense as indicated in RCW 37
13.40.0357 is more than thirty days of confinement, the court shall 38
commit the offender to the department for the standard range 39
p. 15 SB 6022
disposition. The offender shall not be released until the offender 1
has served a minimum of ten days in confinement. 2
(2)(a) If a respondent is found to have been in possession of a 3
firearm in violation of RCW 9.41.040, the disposition must include a 4
requirement that the respondent participate in a qualifying program 5
as described in (b) of this subsection, when available, unless the 6
court makes a written finding based on the outcome of the juvenile 7
court risk assessment that participation in a qualifying program 8
would not be appropriate. 9
(b) For purposes of this section, "qualifying program" means an 10
aggression replacement training program, a functional family therapy 11
program, or another program applicable to the juvenile firearm 12
offender population that has been identified as evidence-based or 13
research-based and cost-beneficial in the current list prepared at 14
the direction of the legislature by the Washington state institute 15
for public policy. 16
(3) If the court finds that the respondent or an accomplice was 17
armed with a firearm, the court shall determine the standard range 18
disposition for the offense pursuant to RCW 13.40.160. If the 19
offender or an accomplice was armed with a firearm when the offender 20
committed any felony other than possession of a machine gun or bump-21
fire stock, possession of a stolen firearm, drive-by shooting, theft 22
of a firearm, unlawful possession of a firearm in the first and 23
second degree, or use of a machine gun or bump-fire stock in a 24
felony, the following periods of total confinement must be added to 25
the sentence: (((a) Except for (b) of this subsection, for )) For a 26
class A felony, six months; for a class B felony, four months; and 27
for a class C felony, two months ((; (b) for any violent offense as 28
defined in RCW 9.94A.030, committed by a respondent who is sixteen or 29
seventeen years old at the time of the offense, a period of twelve 30
months)). The additional time shall be imposed regardless of the 31
offense's juvenile disposition offense category as designated in RCW 32
13.40.0357. 33
(4)(((a) If the court finds that the respondent who is sixteen or 34
seventeen years old and committed the offense of robbery in the first 35
degree, drive-by shooting, rape of a child in the first degree, 36
burglary in the first degree, or any violent offense as defined in 37
RCW 9.94A.030 and was armed with a firearm, and the court finds that 38
the respondent's participation was related to membership in a 39
criminal street gang or advancing the benefit, aggrandizement, gain, 40
p. 16 SB 6022
profit, or other advantage for a criminal street gang, a period of 1
three months total confinement must be added to the sentence. The 2
additional time must be imposed regardless of the offense's juvenile 3
disposition offense category as designated in RCW 13.40.0357 and must 4
be served consecutively with any other sentencing enhancement.5
(b) For the purposes of this section, "criminal street gang" 6
means any ongoing organization, association, or group of three or 7
more persons, whether formal or informal, having a common name or 8
common identifying sign or symbol, having as one of its primary 9
activities the commission of criminal acts, and whose members or 10
associates individually or collectively engage in or have engaged in 11
a pattern of criminal street gang activity. This definition does not 12
apply to employees engaged in concerted activities for their mutual 13
aid and protection, or to the activities of labor and bona fide 14
nonprofit organizations or their members or agents.15
(5))) When a disposition under this section would effectuate a 16
manifest injustice, the court may impose another disposition. When a 17
judge finds a manifest injustice and imposes a disposition of 18
confinement exceeding thirty days, the court shall commit the 19
juvenile to a maximum term, and the provisions of RCW 13.40.030(2) 20
shall be used to determine the range. When a judge finds a manifest 21
injustice and imposes a disposition of confinement less than thirty 22
days, the disposition shall be comprised of confinement or community 23
supervision or both. 24
(((6))) (5) Any term of confinement ordered pursuant to this 25
section shall run consecutively to any term of confinement imposed in 26
the same disposition for other offenses. 27
Sec. 6. RCW 13.40.300 and 2024 c 117 s 1 are each amended to 28
read as follows: 29
(1) ((Except as provided in (a) through (c) of this subsection,)) 30
In no case may a juvenile offender ((may not )) be committed by the 31
juvenile court to the department for placement in a juvenile 32
rehabilitation facility beyond the juvenile offender's 21st birthday.33
(((a) A juvenile offender adjudicated of an A++ juvenile 34
disposition category offense listed in RCW 13.40.0357, or found to be 35
armed with a firearm and sentenced to an additional 12 months 36
pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile 37
court to the department for placement in a juvenile rehabilitation 38
facility up to the juvenile offender's 25th birthday, but not beyond.39
p. 17 SB 6022
(b) A juvenile offender adjudicated of a murder in the first or 1
second degree offense committed at age 14 or older or a juvenile 2
offender adjudicated of a rape in the first degree offense committed 3
at age 15 or older may be committed by the juvenile court to the 4
department for placement in a juvenile rehabilitation facility up to 5
the juvenile offender's 23rd birthday, but not beyond.6
(c) A juvenile offender who is 18 or older at the time of the 7
adjudication may be committed by the juvenile court to the department 8
for placement in a juvenile rehabilitation facility up to the 9
juvenile offender's 23rd birthday, but not beyond, in order to serve 10
a standard range disposition.))11
(2)(a) The juvenile court has jurisdiction over, and may place an 12
individual under the authority of the department in the following 13
circumstances: 14
(i) Except as provided under RCW 13.04.030 and 13.40.110, when 15
the individual is under the age of 21 at the time of the filing of 16
the information and is accused of committing a criminal offense that 17
occurred when the individual was under the age of 18; or18
(ii) If proceedings are pending in a case in which jurisdiction 19
is vested in the adult criminal court pursuant to RCW 13.04.030 and 20
an automatic extension is required because either:21
(A) The individual is found not guilty of the charge for which he 22
or she was transferred, or is convicted in the adult criminal court 23
of an offense that is not also an offense listed in RCW 24
13.04.030(1)(e)(v), and the matter is transferred to juvenile court 25
pursuant to RCW 13.04.030(1)(e)(v)(((C))) (E)(II); or26
(B) The parties agree to juvenile court jurisdiction with the 27
court's approval pursuant to RCW 13.04.030(1)(e)(v)(((C))) (E)(III).28
(b) Upon a finding of guilt in juvenile court, the juvenile court 29
maintains jurisdiction to allow for imposition, execution, and 30
enforcement of the court's order of disposition, subject to the 31
limitations in this section. 32
(((3) If an order of disposition imposes a commitment to the 33
department for a juvenile offender:34
(a) Adjudicated of an A++ juvenile disposition category offense 35
listed in RCW 13.40.0357, adjudicated of a murder in the first or 36
second degree offense committed at age 14 or older, or found to be 37
armed with a firearm and sentenced to an additional 12 months 38
pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is 39
p. 18 SB 6022
automatically extended to include a period of up to 24 months of 1
parole, in no case extending beyond the offender's 25th birthday; or2
(b) Adjudicated of a rape in the first degree offense committed 3
at age 15 or older, then jurisdiction for parole is automatically 4
extended to include a period of no less than 24 months and no more 5
than 36 months of parole, in no case extending beyond the offender's 6
25th birthday.7
(4) Pursuant to the terms of RCW 13.40.190, the juvenile court 8
maintains jurisdiction beyond the juvenile offender's 21st birthday 9
for the purpose of enforcing an order of restitution or penalty 10
assessment)) (c) If an order of disposition imposes commitment to the 11
department, then jurisdiction is automatically extended to include a 12
period of up to 12 months of parole, in no case extending beyond the 13
offender's 21st birthday.14
(3) If the juvenile court previously has extended jurisdiction 15
beyond the juvenile offender's 18th birthday and that period of 16
extension has not expired, the court may further extend jurisdiction 17
by written order setting forth its reasons. 18
(((5) Except as otherwise provided herein, in )) (4) In no event 19
may the juvenile court have authority to extend jurisdiction over any 20
juvenile offender beyond the juvenile offender's 21st birthday except 21
for the purpose of enforcing an order of restitution or penalty 22
assessment. 23
(((6))) (5) Notwithstanding any extension of jurisdiction over a 24
person pursuant to this section, the juvenile court has no 25
jurisdiction over any offenses alleged to have been committed by a 26
person 18 years of age or older. 27
Sec. 7. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 28
read as follows: 29
(1) Whenever any person is convicted as an adult in the courts of 30
this state of a felony offense committed under the age of 31
((eighteen)) 18, and is committed for a term of confinement, that 32
person shall be initially placed in a facility operated by the 33
department of ((children, youth, and families. The department of 34
corrections shall )) corrections to determine the person's earned 35
release date. 36
(a) If the earned release date is prior to the person's 21st 37
birthday, the department of corrections shall transfer the person to 38
the custody of the department of children, youth, and families, or to 39
p. 19 SB 6022
such other institution as is now or may hereafter be authorized by 1
law to receive such person, until such time as the person completes 2
the ordered term of confinement or arrives at the age of 21 years.3
(i) While in the custody of the department of children, youth, 4
and families, the person must have the same treatment, housing 5
options, transfer, and access to program resources as any other 6
person committed to that juvenile correctional facility or 7
institution pursuant to chapter 13.40 RCW. ((Except as provided under 8
(d) of this subsection, treatment )) Treatment, placement, and program 9
decisions shall be at the sole discretion of the department of 10
children, youth, and families. The person shall ((not)) only be 11
transferred to the custody of the department of corrections 12
((without)) with the approval of the department of children, youth, 13
and families ((until the )) or when the person reaches the age of 14
((twenty-five)) 21. 15
(((b))) (ii) If the person's sentence includes a term of 16
community custody, the department of children, youth, and families 17
shall not release the person to community custody until the 18
department of corrections has approved the person's release plan 19
pursuant to RCW 9.94A.729(5)(b). If a person is held past ((his or 20
her)) their earned release date pending release plan approval, the 21
department of children, youth, and families shall retain custody 22
until a plan is approved or the person completes the ordered term of 23
confinement prior to age ((twenty-five)) 21. 24
(((c))) (iii) If the department of children, youth, and families 25
determines that retaining custody of the person in a facility of the 26
department of children, youth, and families presents a 27
((significant)) safety risk, the department of children, youth, and 28
families may transfer and return the person to the custody of the 29
department of corrections. 30
(((d) The)) (b) If the person's earned release date is on or 31
after the person's 21st birthday, the department of corrections 32
shall, with the consent of the secretary of the department of 33
children, youth, and families, transfer the person to a facility or 34
institution operated by the department of children, youth, and 35
families. Despite the transfer, the department of corrections ((must 36
retain)) retains authority over custody decisions ((relating to a 37
person whose earned release date is on or after the person's twenty-38
fifth birthday and who is placed in a facility operated by the 39
department of children, youth, and families under this section, 40
p. 20 SB 6022
unless the person qualifies for partial confinement under RCW 1
72.01.412,)) and must approve any leave from the facility. When the 2
person turns age ((twenty-five)) 21, ((he or she)) the person must be 3
transferred back to the department of corrections ((, except as 4
described under RCW 72.01.412)). The department of children, youth, 5
and families has all routine and day-to-day operations authority for 6
the person while the person is in its custody. 7
(2)(a) Except as provided in (b) and (c) of this subsection, a 8
person under the age of ((eighteen who is transferred to the custody 9
of)) 18 convicted in adult criminal court and who is committed to a 10
term of confinement at the department of corrections must be placed 11
in a housing unit, or a portion of a housing unit, that is separated 12
from ((other persons in custody )) offenders who are ((eighteen)) 18 13
years of age or older, until the person reaches the age of 14
((eighteen)) 18. 15
(b) ((A person)) An offender who ((is transferred to the custody 16
of the department of corrections and )) reaches ((eighteen)) 18 years 17
of age may remain in a housing unit for ((persons)) offenders under 18
the age of ((eighteen)) 18 if the secretary of corrections determines 19
that: (i) The ((person's)) offender's needs and the 20
((rehabilitation)) correctional goals for the ((person)) offender 21
could continue to be better met by the programs and housing 22
environment that is separate from ((other persons in custody )) 23
offenders who are ((eighteen)) 18 years of age and older; and (ii) 24
the programs or housing environment for ((persons)) offenders under 25
the age of ((eighteen)) 18 will not be substantially affected by the 26
continued placement of the ((person)) offender in that environment. 27
The ((person)) offender may remain placed in a housing unit for 28
((persons)) offenders under the age of ((eighteen)) 18 until such 29
time as the secretary of corrections determines that the ((person's)) 30
offender's needs and correctional goals are no longer better met in 31
that environment but in no case past the ((person's twenty-fifth )) 32
offender's 21st birthday. 33
(c) ((A person transferred to the custody of the department of 34
corrections)) An offender who is under the age of ((eighteen)) 18 may 35
be housed in an intensive management unit or administrative 36
segregation unit containing offenders ((eighteen)) 18 years of age or 37
older if it is necessary for the safety or security of the offender 38
or staff. In these cases, the offender must be kept physically 39
separate from other offenders at all times. 40
p. 21 SB 6022
(((3) The department of children, youth, and families must review 1
the placement of a person over age twenty-one in the custody of the 2
department of children, youth, and families under this section to 3
determine whether the person should be transferred to the custody of 4
the department of corrections. The department of children, youth, and 5
families may determine the frequency of the review required under 6
this subsection, but the review must occur at least once before the 7
person reaches age twenty-three if the person's commitment period in 8
a juvenile institution extends beyond the person's twenty-third 9
birthday.))10
Sec. 8. RCW 13.40.020 and 2025 c 140 s 2 are each amended to 11
read as follows: 12
For the purposes of this chapter: 13
(1) "Assessment" means an individualized examination of a child 14
to determine the child's psychosocial needs and problems, including 15
the type and extent of any mental health, substance abuse, or co-16
occurring mental health and substance abuse disorders, and 17
recommendations for treatment. "Assessment" includes, but is not 18
limited to, drug and alcohol evaluations, psychological and 19
psychiatric evaluations, records review, clinical interview, and 20
administration of a formal test or instrument; 21
(2) "Community-based rehabilitation" means one or more of the 22
following: Employment; attendance of information classes; literacy 23
classes; counseling including an intake appointment, outpatient 24
substance abuse treatment programs, outpatient mental health 25
programs, anger management classes, education or outpatient treatment 26
programs to prevent animal cruelty, or other services including, when 27
appropriate, restorative justice programs; or attendance at school or 28
other educational programs appropriate for the juvenile as determined 29
by the school district. Placement in community-based rehabilitation 30
programs is subject to available funds; 31
(3) "Community-based sanctions" may include community restitution 32
not to exceed 150 hours of community restitution; 33
(4) "Community restitution" means compulsory service, without 34
compensation, performed for the benefit of the community by the 35
offender as punishment for committing an offense. Community 36
restitution may be performed through public or private organizations 37
or through work crews; 38
p. 22 SB 6022
(5) "Community supervision" means an order of disposition by the 1
court of an adjudicated youth not committed to the department or an 2
order granting a deferred disposition. A community supervision order 3
for a single offense may be for a period of up to two years for a sex 4
offense as defined by RCW 9.94A.030 and up to one year for other 5
offenses. As a mandatory condition of any term of community 6
supervision, the court shall order the juvenile to refrain from 7
committing new offenses. As a mandatory condition of community 8
supervision, the court shall order the juvenile to comply with the 9
mandatory school attendance provisions of chapter 28A.225 RCW and to 10
inform the school of the existence of this requirement. Community 11
supervision is an individualized program comprised of one or more of 12
the following: 13
(a) Community-based sanctions; 14
(b) Community-based rehabilitation; 15
(c) Monitoring and reporting requirements; 16
(d) Posting of a probation bond; 17
(e) Residential treatment, where substance abuse, mental health, 18
and/or co-occurring disorders have been identified in an assessment 19
by a qualified mental health professional, psychologist, 20
psychiatrist, co-occurring disorder specialist, or substance use 21
disorder professional and a funded bed is available. If a child 22
agrees to voluntary placement in a state-funded long-term evaluation 23
and treatment facility, the case must follow the existing placement 24
procedure including consideration of less restrictive treatment 25
options and medical necessity. 26
(i) A court may order residential treatment after consideration 27
and findings regarding whether: 28
(A) The referral is necessary to rehabilitate the child;29
(B) The referral is necessary to protect the public or the child;30
(C) The referral is in the child's best interest;31
(D) The child has been given the opportunity to engage in less 32
restrictive treatment and has been unable or unwilling to comply; and33
(E) Inpatient treatment is the least restrictive action 34
consistent with the child's needs and circumstances.35
(ii) In any case where a court orders a child to inpatient 36
treatment under this section, the court must hold a review hearing no 37
later than 60 days after the youth begins inpatient treatment, and 38
every 30 days thereafter, as long as the youth is in inpatient 39
treatment; 40
p. 23 SB 6022
(6) (("Community transition services" means a therapeutic and 1
supportive community-based custody option in which:2
(a) A person serves a portion of their term of confinement 3
residing in the community, outside of department institutions and 4
community facilities;5
(b) The department supervises the person in part through the use 6
of technology that is capable of determining or identifying the 7
monitored person's presence or absence at a particular location;8
(c) The department provides access to developmentally 9
appropriate, trauma-informed, racial equity-based, and culturally 10
relevant programs to promote successful reentry; and11
(d) The department prioritizes the delivery of available 12
programming from individuals who share characteristics with the 13
individual being served related to: Race, ethnicity, sexual identity, 14
and gender identity;15
(7))) "Confinement" means physical custody by the department of 16
children, youth, and families in a facility operated by or pursuant 17
to a contract with the state, or physical custody in a detention 18
facility operated by or pursuant to a contract with any county. The 19
county may operate or contract with vendors to operate county 20
detention facilities. The department may operate or contract to 21
operate detention facilities for juveniles committed to the 22
department. Pretrial confinement or confinement of less than 31 days 23
imposed as part of a disposition or modification order may be served 24
consecutively or intermittently, in the discretion of the court;25
(((8))) (7) "Court," when used without further qualification, 26
means the juvenile court judge(s) or commissioner(s);27
(((9))) (8) "Criminal history" includes all criminal complaints 28
against the respondent for which, prior to the commission of a 29
current offense, the allegations were found correct by a court. If a 30
respondent is convicted of two or more charges arising out of the 31
same course of conduct, only the highest charge from among these 32
shall count as an offense for the purposes of this chapter. 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))) (9) "Custodial interrogation" means express questioning 39
or other actions or words by a law enforcement officer which are 40
p. 24 SB 6022
reasonably likely to elicit an incriminating response from an 1
individual and occurs when reasonable individuals in the same 2
circumstances would consider themselves in custody;3
(((11))) (10) "Department" means the department of children, 4
youth, and families; 5
(((12))) (11) "Detention facility" means a county facility, paid 6
for by the county, for the physical confinement of a juvenile alleged 7
to 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))) (12) "Diversion unit" means any probation counselor who 12
enters into a diversion agreement with an alleged youthful offender, 13
or any other person, community accountability board, youth court 14
under the supervision of the juvenile court, or other entity with 15
whom the juvenile court administrator has contracted to arrange and 16
supervise such agreements pursuant to RCW 13.40.080, or any person, 17
community accountability board, or other entity specially funded by 18
the 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))) (13) "Foster care" means temporary physical care in a 30
foster family home or group care facility as defined in RCW 74.15.020 31
and licensed by the department, or other legally authorized care;32
(((15))) (14) "Institution" means a juvenile facility established 33
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;34
(((16))) (15) "Intensive supervision program" means a parole 35
program that requires intensive supervision and monitoring, offers an 36
array of individualized treatment and transitional services, and 37
emphasizes community involvement and support in order to reduce the 38
likelihood a juvenile offender will commit further offenses;39
p. 25 SB 6022
(((17))) (16) "Juvenile," "youth," and "child" mean any 1
individual who is under the chronological age of 18 years and who has 2
not been previously transferred to adult court pursuant to RCW 3
13.40.110, unless the individual was convicted of a lesser charge or 4
acquitted of the charge for which he or she was previously 5
transferred pursuant to RCW 13.40.110 or who is not otherwise under 6
adult court jurisdiction; 7
(((18))) (17) "Juvenile offender" means any juvenile who has been 8
found by the juvenile court to have committed an offense, including a 9
person 18 years of age or older over whom the juvenile court has 10
jurisdiction under RCW 13.40.300; 11
(((19))) (18) "Labor" means the period of time before a birth 12
during which contractions are of sufficient frequency, intensity, and 13
duration to bring about effacement and progressive dilation of the 14
cervix; 15
(((20))) (19) "Local sanctions" means one or more of the 16
following: (a) 0-30 days of confinement; (b) 0-12 months of community 17
supervision; or (c) 0-150 hours of community restitution;18
(((21))) (20) "Manifest injustice" means a disposition that would 19
either impose an excessive penalty on the juvenile or would impose a 20
serious, and clear danger to society in light of the purposes of this 21
chapter; 22
(((22))) (21) "Monitoring and reporting requirements" means one 23
or more of the following: Curfews; requirements to remain at home, 24
school, work, or court-ordered treatment programs during specified 25
hours; restrictions from leaving or entering specified geographical 26
areas; requirements to report to the probation officer as directed 27
and to remain under the probation officer's supervision; and other 28
conditions or limitations as the court may require which may not 29
include confinement; 30
(((23))) (22) "Offense" means an act designated a violation or a 31
crime if committed by an adult under the law of this state, under any 32
ordinance of any city or county of this state, under any federal law, 33
or under the law of another state if the act occurred in that state;34
(((24))) (23) "Physical restraint" means the use of any bodily 35
force or physical intervention to control a juvenile offender or 36
limit a juvenile offender's freedom of movement in a way that does 37
not involve a mechanical restraint. Physical restraint does not 38
include momentary periods of minimal physical restriction by direct 39
p. 26 SB 6022
person-to-person contact, without the aid of mechanical restraint, 1
accomplished with limited force and designed to: 2
(a) Prevent a juvenile offender from completing an act that would 3
result in potential bodily harm to self or others or damage property;4
(b) Remove a disruptive juvenile offender who is unwilling to 5
leave the area voluntarily; or 6
(c) Guide a juvenile offender from one location to another;7
(((25))) (24) "Postpartum recovery" means (a) the entire period a 8
woman or youth is in the hospital, birthing center, or clinic after 9
giving birth and (b) an additional time period, if any, a treating 10
physician determines is necessary for healing after the youth leaves 11
the hospital, birthing center, or clinic; 12
(((26))) (25) "Probation bond" means a bond, posted with 13
sufficient security by a surety justified and approved by the court, 14
to secure the offender's appearance at required court proceedings and 15
compliance with court-ordered community supervision or conditions of 16
release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 17
a deposit of cash or posting of other collateral in lieu of a bond if 18
approved by the court; 19
(((27))) (26) "Respondent" means a juvenile who is alleged or 20
proven to have committed an offense; 21
(((28))) (27) "Restitution" means financial reimbursement by the 22
offender to the victim, and shall be limited to easily ascertainable 23
damages for injury to or loss of property, actual expenses incurred 24
for medical treatment for physical injury to persons, lost wages 25
resulting from physical injury, and costs of the victim's counseling 26
reasonably related to the offense. Restitution shall not include 27
reimbursement for damages for mental anguish, pain and suffering, or 28
other intangible losses. Nothing in this chapter shall limit or 29
replace civil remedies or defenses available to the victim or 30
offender; 31
(((29))) (28) "Restorative justice" means practices, policies, 32
and programs informed by and sensitive to the needs of crime victims 33
that are designed to encourage offenders to accept responsibility for 34
repairing the harm caused by their offense by providing safe and 35
supportive opportunities for voluntary participation and 36
communication between the victim, the offender, their families, and 37
relevant community members; 38
(((30))) (29) "Restraints" means anything used to control the 39
movement of a person's body or limbs and includes:40
p. 27 SB 6022
(a) Physical restraint; or 1
(b) Mechanical device including but not limited to: Metal 2
handcuffs, plastic ties, ankle restraints, leather cuffs, other 3
hospital-type restraints, tasers, or batons; 4
(((31) "Risk assessment tool" means the statistically valid tool 5
used by the department to inform release or placement decisions 6
related to security level, release within the sentencing range, 7
community facility eligibility, community transition services 8
eligibility, and parole. The "risk assessment tool" is used by the 9
department to predict the likelihood of successful reentry and future 10
criminal behavior;11
(32))) (30) "Screening" means a process that is designed to 12
identify a child who is at risk of having mental health, substance 13
abuse, or co-occurring mental health and substance abuse disorders 14
that warrant immediate attention, intervention, or more comprehensive 15
assessment. A screening may be undertaken with or without the 16
administration of a formal instrument; 17
(((33))) (31) "Secretary" means the secretary of the department;18
(((34))) (32) "Services" means services, including restorative 19
justice, which provide alternatives to incarceration for those 20
juveniles who have pleaded or been adjudicated guilty of an offense 21
or have signed a diversion agreement pursuant to this chapter;22
(((35))) (33) "Sex offense" means an offense defined as a sex 23
offense in RCW 9.94A.030; 24
(((36))) (34) "Sexual motivation" means that one of the purposes 25
for which the respondent committed the offense was for the purpose of 26
the respondent's sexual gratification; 27
(((37))) (35) "Surety" means an entity licensed under state 28
insurance laws or by the state department of licensing, to write 29
corporate, property, or probation bonds within the state, and 30
justified and approved by the superior court of the county having 31
jurisdiction of the case; 32
(((38))) (36) "Transportation" means the conveying, by any means, 33
of an incarcerated pregnant youth from the institution or detention 34
facility to another location from the moment she leaves the 35
institution or detention facility to the time of arrival at the other 36
location, and includes the escorting of the pregnant incarcerated 37
youth from the institution or detention facility to a transport 38
vehicle and from the vehicle to the other location;39
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(((39))) (37) "Violation" means an act or omission, which if 1
committed by an adult, must be proven beyond a reasonable doubt, and 2
is punishable by sanctions which do not include incarceration;3
(((40))) (38) "Violent offense" means a violent offense as 4
defined in RCW 9.94A.030; 5
(((41))) (39) "Youth court" means a diversion unit under the 6
supervision of the juvenile court. 7
Sec. 9. RCW 13.40.205 and 2021 c 206 s 4 are each amended to 8
read as follows: 9
(1) A juvenile sentenced to a term of confinement to be served 10
under the supervision of the department shall not be released from 11
the physical custody of the department prior to the release date 12
established under RCW 13.40.210 except as otherwise provided in this 13
section. 14
(2) A juvenile serving a term of confinement under the 15
supervision of the department may be released on authorized leave 16
from the physical custody of the department only if consistent with 17
public safety and if: 18
(a) Sixty percent of the minimum term of confinement has been 19
served; and 20
(b) The purpose of the leave is to enable the juvenile:21
(i) To visit the juvenile's family for the purpose of 22
strengthening or preserving family relationships; 23
(ii) To make plans for parole or release which require the 24
juvenile's personal appearance in the community and which will 25
facilitate the juvenile's reintegration into the community; or26
(iii) To make plans for a residential placement out of the 27
juvenile's home which requires the juvenile's personal appearance in 28
the community. 29
(3) No authorized leave may exceed seven consecutive days. The 30
total of all preminimum term authorized leaves granted to a juvenile 31
prior to final discharge from confinement shall not exceed thirty 32
days. 33
(4) Prior to authorizing a leave, the secretary shall require a 34
written leave plan, which shall detail the purpose of the leave and 35
how it is to be achieved, the address at which the juvenile shall 36
reside, the identity of the person responsible for supervising the 37
juvenile during the leave, and a statement by such person 38
acknowledging familiarity with the leave plan and agreeing to 39
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supervise the juvenile and to notify the secretary immediately if the 1
juvenile violates any terms or conditions of the leave. The leave 2
plan shall include such terms and conditions as the secretary deems 3
appropriate and shall be signed by the juvenile. 4
(5) Upon authorizing a leave, the secretary shall issue to the 5
juvenile an authorized leave order which shall contain the name of 6
the juvenile, the fact that the juvenile is on leave from a 7
designated facility, the time period of the leave, and the identity 8
of an appropriate official of the department to contact when 9
necessary. The authorized leave order shall be carried by the 10
juvenile at all times while on leave. 11
(6) Prior to the commencement of any authorized leave, the 12
secretary shall give notice of the leave to the appropriate law 13
enforcement agency in the jurisdiction in which the juvenile will 14
reside during the leave period. The notice shall include the identity 15
of the juvenile, the time period of the leave, the residence of the 16
juvenile during the leave, and the identity of the person responsible 17
for supervising the juvenile during the leave. 18
(7) The secretary may authorize a leave, which shall not exceed 19
forty-eight hours plus travel time, to meet an emergency situation 20
such as a death or critical illness of a member of the juvenile's 21
family. The secretary may authorize a leave, which shall not exceed 22
the period of time medically necessary, to obtain medical care not 23
available in a juvenile facility maintained by the department. In 24
cases of emergency or medical leave the secretary may waive all or 25
any portions of subsections (2)(a), (3), (4), (5), and (6) of this 26
section. 27
(8) If requested by the juvenile's victim or the victim's 28
immediate family, the secretary shall give notice of any leave ((or 29
community transition services under subsection (13) of this section)) 30
to the victim or the victim's immediate family. 31
(9) A juvenile who violates any condition of an authorized leave 32
plan ((or community transition services under subsection (13) of this 33
section)) may be taken into custody and returned to the department in 34
the same manner as an adult in identical circumstances.35
(10) ((Community transition services is an electronic monitoring 36
program as that term is used in RCW 9A.76.130.37
(11))) Notwithstanding the provisions of this section, a juvenile 38
placed in minimum security status ((or in community transition 39
services under subsection (13) of this section )) may participate in 40
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work, educational, community restitution, or treatment programs in 1
the community up to ((twelve)) 12 hours a day if approved by the 2
secretary. Such a release shall not be deemed a leave of absence. 3
This authorization may be increased to more than ((twelve)) 12 hours 4
a day up to ((sixteen)) 16 hours a day if approved by the secretary 5
and operated within the department's appropriations.6
(((12))) (11) Subsections (6), (7), and (8) of this section do 7
not apply to juveniles covered by RCW 13.40.215. 8
(((13)(a) The department may require a person in its custody to 9
serve the remainder of the person's sentence in community transition 10
services if the department determines that such placement is in the 11
best interest of the person and the community using the risk 12
assessment tool and considering the availability of appropriate 13
placements, treatment, and programming. The department's 14
determination described under this subsection must include 15
consideration of the person's behavior while in confinement and any 16
disciplinary considerations. The department shall establish 17
appropriate conditions the person must comply with to remain in 18
community transition services. A person must have served 60 percent 19
of their minimum term of confinement and no less than 15 weeks of 20
total confinement including time spent in detention prior to 21
sentencing or the entry of a dispositional order before becoming 22
eligible for community transition services under the authority and 23
supervision of the department.24
(b) A person placed in community transition services under this 25
section must have access to appropriate treatment and programming as 26
determined by the department, including but not limited to:27
(i) Behavioral health treatment;28
(ii) Independent living;29
(iii) Employment;30
(iv) Education;31
(v) Connections to family and natural supports; and32
(vi) Community connections.33
(c) Community transition services under this section is in lieu 34
of confinement in an institution or community facility operated by 35
the department, and will not fulfill any period of parole required 36
under RCW 13.40.210.37
(d) If a person placed in community transition services under 38
this section violates a condition of participation in the community 39
transition services program, or if the department determines that 40
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placement in the program is no longer in the best interests of the 1
person or community, the person may be returned to an institution 2
operated by the department at the department's discretion.3
(e) The following persons are not eligible for community 4
transition services under this section:5
(i) Persons with pending charges or warrants;6
(ii) Persons who will be transferred to the department of 7
corrections, who are in the custody of the department of corrections, 8
or who are under the supervision of the department of corrections;9
(iii) Persons who were adjudicated or convicted of the crime of 10
murder in the first or second degree;11
(iv) Persons who meet the definition of a "persistent offender" 12
as defined under RCW 9.94A.030;13
(v) Level III sex offenders; and14
(vi) Persons requiring out-of-state placement.15
(14) The department shall design, or contract for the design, and 16
implement a risk assessment tool. The tool must be designed to limit 17
bias related to race, ethnicity, gender, and age. The risk assessment 18
tool must be certified at least every three years based on current 19
academic standards for assessment validation, and can be certified by 20
the office of innovation, alignment, and accountability or an outside 21
researcher.))22
Sec. 10. RCW 13.40.215 and 2021 c 206 s 5 are each amended to 23
read as follows: 24
(1)(a) Except as provided in subsection (2) of this section, at 25
the earliest practicable date, and in no event later than ((thirty)) 26
30 days before discharge, parole, or any other authorized leave or 27
release, or before transfer to a community residential facility ((or 28
community transition services program )), the secretary shall send 29
written notice of the discharge, parole, authorized leave or release, 30
or transfer of a juvenile found to have committed a violent offense, 31
a sex offense, or stalking, to the following: 32
(i) The chief of police of the city, if any, in which the 33
juvenile will reside; and 34
(ii) The sheriff of the county in which the juvenile will reside.35
(b)(i) Except as provided in subsection (2) of this section, at 36
the earliest practicable date, and in no event later than ((thirty)) 37
30 days before discharge, parole, or any other authorized leave or 38
release, or before transfer to a community residential facility ((or 39
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community transition services program )), the secretary shall send 1
written notice of the discharge, parole, authorized leave or release, 2
or transfer of an individual who is found to have committed a violent 3
offense or a sex offense, is ((twenty-one)) 21 years of age or 4
younger, and has not received a high school diploma or its 5
equivalent, to the designated recipient of the school where the 6
juvenile either: (A) Was enrolled prior to incarceration or 7
detention; or (B) has expressed an intention to enroll following his 8
or her release. This notice must also include the restrictions 9
described in subsection (5) of this section. 10
(ii) The community residential facility shall provide written 11
notice of the offender's criminal history to the designated recipient 12
of any school that the offender attends while residing at the 13
community residential facility and to any employer that employs the 14
offender while residing at the community residential facility.15
(iii) As used in this subsection, "designated recipient" means: 16
(A) The superintendent of the school district, or his or her 17
designee, of a common school as defined in RCW 28A.150.020 or a 18
school that is the subject of a state-tribal education compact under 19
chapter 28A.715 RCW; (B) the administrator of a charter public school 20
governed by chapter 28A.710 RCW; or (C) the administrator of a 21
private school approved under chapter 28A.195 RCW.22
(c) The same notice as required by (a) of this subsection shall 23
be sent to the following, if such notice has been requested in 24
writing about a specific juvenile: 25
(i) The victim of the offense for which the juvenile was found to 26
have committed or the victim's next of kin if the crime was a 27
homicide; 28
(ii) Any witnesses who testified against the juvenile in any 29
court proceedings involving the offense; and 30
(iii) Any person specified in writing by the prosecuting 31
attorney. 32
Information regarding victims, next of kin, or witnesses requesting 33
the notice, information regarding any other person specified in 34
writing by the prosecuting attorney to receive the notice, and the 35
notice are confidential and shall not be available to the juvenile. 36
The notice to the chief of police or the sheriff shall include the 37
identity of the juvenile, the residence where the juvenile will 38
reside, the identity of the person, if any, responsible for 39
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supervising the juvenile, and the time period of any authorized 1
leave. 2
(d) The ((thirty)) 30-day notice requirements contained in this 3
subsection shall not apply to emergency medical furloughs.4
(e) The existence of the notice requirements in this subsection 5
will not require any extension of the release date in the event the 6
release plan changes after notification. 7
(2)(a) If a juvenile found to have committed a violent offense, a 8
sex offense, or stalking escapes from a facility of the department, 9
the secretary shall immediately notify, by the most reasonable and 10
expedient means available, the chief of police of the city and the 11
sheriff of the county in which the juvenile resided immediately 12
before the juvenile's arrest. If previously requested, the secretary 13
shall also notify the witnesses and the victim of the offense which 14
the juvenile was found to have committed or the victim's next of kin 15
if the crime was a homicide. If the juvenile is recaptured, the 16
secretary shall send notice to the persons designated in this 17
subsection as soon as possible but in no event later than two working 18
days after the department learns of such recapture.19
(b) The secretary may authorize a leave, for a juvenile found to 20
have committed a violent offense, a sex offense, or stalking, which 21
shall not exceed ((forty-eight)) 48 hours plus travel time, to meet 22
an emergency situation such as a death or critical illness of a 23
member of the juvenile's family. The secretary may authorize a leave, 24
which shall not exceed the time medically necessary, to obtain 25
medical care not available in a juvenile facility maintained by the 26
department. Prior to the commencement of an emergency or medical 27
leave, the secretary shall give notice of the leave to the 28
appropriate law enforcement agency in the jurisdiction in which the 29
juvenile will be during the leave period. The notice shall include 30
the identity of the juvenile, the time period of the leave, the 31
residence of the juvenile during the leave, and the identity of the 32
person responsible for supervising the juvenile during the leave. If 33
previously requested, the department shall also notify the witnesses 34
and victim of the offense which the juvenile was found to have 35
committed or the victim's next of kin if the offense was a homicide.36
In case of an emergency or medical leave the secretary may waive 37
all or any portion of the requirements for leaves pursuant to RCW 38
13.40.205 (2)(a), (3), (4), and (5). 39
p. 34 SB 6022
(3) If the victim, the victim's next of kin, or any witness is 1
under the age of sixteen, the notice required by this section shall 2
be sent to the parents or legal guardian of the child.3
(4) The secretary shall send the notices required by this chapter 4
to the last address provided to the department by the requesting 5
party. The requesting party shall furnish the department with a 6
current address. 7
(5) Upon discharge, parole, transfer to a community residential 8
facility, or other authorized leave or release, a convicted juvenile 9
sex offender shall not attend a public or approved private 10
elementary, middle, or high school that is attended by a victim or a 11
sibling of a victim of the sex offender. The parents or legal 12
guardians of the convicted juvenile sex offender shall be responsible 13
for transportation or other costs associated with or required by the 14
sex offender's change in school that otherwise would be paid by a 15
school district. 16
(6) For purposes of this section the following terms have the 17
following meanings: 18
(a) "Violent offense" means a violent offense under RCW 19
9.94A.030; 20
(b) "Sex offense" means a sex offense under RCW 9.94A.030;21
(c) "Stalking" means the crime of stalking as defined in RCW 22
9A.46.110; 23
(d) "Next of kin" means a person's spouse, parents, siblings, and 24
children. 25
Sec. 11. RCW 13.22.010 and 2020 c 333 s 2 are each amended to 26
read as follows: 27
The definitions in this section apply throughout this chapter 28
unless the context clearly requires otherwise. 29
(1) "Department" means the department of children, youth, and 30
families. 31
(2) "Detention facility" means: 32
(a) Any detention facility as defined under RCW 13.40.020; and33
(b) Any juvenile correctional facility under alternative 34
administration operated by a consortium of counties under RCW 35
13.04.035. 36
(3) "Imminent harm" means immediate and impending threat of a 37
person causing bodily injury to self or others. 38
(4) "Institution" has the same meaning as in RCW 13.40.020.39
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(5) "Isolation" means confinement that occurs (a) when a youth is 1
separated from the youth population and placed in a room for longer 2
than ((fifteen)) 15 minutes for the purpose of discipline, behavior 3
modification, or due to an imminent threat to the safety of the youth 4
or others; and (b) in a room other than the room assigned to the 5
youth for sleeping. Juveniles are in isolation from the moment they 6
are separated from others until they have rejoined the population. 7
Juveniles who are pregnant shall not be put into isolation. 8
Maintaining appropriate gender separation does not constitute 9
isolation. 10
(6) "Juvenile" means: 11
(a) Any individual who is under the chronological age of 12
((eighteen)) 18 years; and 13
(b) Any individual under the chronological age of ((twenty-five)) 14
21 years who is confined in an institution, including an individual 15
confined in an institution under RCW 72.01.410. 16
(7) "Juvenile court administrator" means an administrator 17
appointed pursuant to RCW 13.04.035. 18
(8) "Room confinement" means a juvenile is separated from the 19
youth population and placed in a room or cell that the juvenile is 20
assigned to for sleeping, other than during normal sleeping hours or 21
interim rest hours. "Room confinement" does not include time a youth 22
requests to spend in his or her room or rest periods in between 23
facility programming. Juveniles are in room confinement from the 24
moment they are separated from others until they are permitted to 25
rejoin the population. 26
(9) "Solitary confinement" means a youth is involuntarily 27
separated from the youth population and placed in a room or cell 28
other than the room assigned to the youth for sleeping for longer 29
than ((fifteen)) 15 minutes for punitive purposes. Different 30
terminology does not exempt practice from being "solitary 31
confinement." 32
NEW SECTION. Sec. 12. The following acts or parts of acts are 33
each repealed:34
(1) RCW 13.40.301 (Department to protect younger children in 35
confinement from older youth confined pursuant to 2018 c 162) and 36
2018 c 162 s 8; 37
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(2) RCW 13.04.800 (Report to legislature —2021 c 206 ss 2 and 3; 1
2019 c 322 ss 2-6; 2018 c 162) and 2021 c 206 s 9, 2019 c 322 s 5, & 2
2018 c 162 s 9; 3
(3) RCW 72.01.412 (Eligibility for community transition services) 4
and 2023 c 470 s 3018, 2021 c 206 s 2, & 2019 c 322 s 6;5
(4) RCW 43.216.180 (Education of students in the custody of 6
juvenile rehabilitation facilities —Duties—Creation of a 7
comprehensive plan) and 2019 c 322 s 7; 8
(5) 2019 c 322 s 1 (uncodified); 9
(6) 2021 c 206 s 1 (uncodified); 10
(7) 2021 c 206 s 8 (uncodified); and 11
(8) 2021 c 206 s 10 (uncodified). 12
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