SB 6022 — Juvenile rehabilitation

Summary

Improving juvenile rehabilitation.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 10 section(s) of the Revised Code of Washington: RCW 13.04.030; RCW 13.40.0357; RCW 13.40.110; RCW 13.40.193; RCW 13.40.300; RCW 72.01.410.

• RCW 13.04.030

  or Rape of a child in the first degree (C) maintain residual up to age 25 but only for the purpose of returning a case to juvenile court for disposition (C) → both matters. The jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110 (1) or (2) or (e)(i) of this subsection. Courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; (iv) The alleged offense is a traffic or civil infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed concurrent jurisdiction over those offenses as provided in RCW 13.04.0301; or (v) The juvenile is 16 or 17 years old on the date the alleged offense is committed and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030; (B) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's 13th birthday and prosecuted separately; (C) Robbery in the first degree, rape of a child in the first degree, or drive-by shooting, committed on or after July 1, 1997; (D) Burglary in the first degree committed on or after July 1, 1997, and the juvenile has a criminal history consisting of one or more prior felony or misdemeanor offenses; or (E) Any violent offense as defined in RCW 9.94A.030 committed on or after July 1, 1997, and the juvenile is alleged to have been armed with a firearm ave clu (E) an offense listed in (e)(v) of this subsection. The juvenile court shall enter an order extending juvenile court jurisdiction if the juvenile has turned 18 years of age during the adult criminal court proceedings pursuant to RCW 13.40.300(2)(a)(ii). However, once the case is returned to juvenile court, the court may hold a decline hearing pursuant to RCW 13.40.110 to determine whether to retain the case in juvenile court for the purpose of disposition or return the case to adult criminal court for sentencing. ent ay n ex (E)

  amended

• RCW 13.40.0357

  committed at age 15 or under A++ Drive-By Shooting (9A.36.045) A committed at C+ age 15 or under A- Burglary 1 (9A.52.020) committed at B+ B++ Rape 2 (9A.44.050) committed at age 14 B+ committed at age B+ 15 through age 17 B++ Rape of a Child 1 (9A.44.073) B+ committed at age 15 B++ Child Molestation 1 (9A.44.083) B+ committed at age 15 through age 17)) B Child Molestation 2 (9A.44.086) C+ C Failure to Register as a Sex Offender D (9A.44.132) Theft, Robbery, Extortion, and Forgery B Theft 1 (9A.56.030) C C Theft 2 (9A.56.040) D D Theft 3 (9A.56.050) E B Theft of Livestock 1 and 2 (9A.56.080 C and 9A.56.083) C Forgery (9A.60.020) D A Robbery 1 (9A.56.200) ((committed at B+ age 15 or under A++ Robbery 1 (9A.56.200) committed at A 28 days A++ 129 to 260 weeks for all category A++ offenses 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks B++ Is adjudicated or A++ Is fourteen or (iv) Violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b Is ordered Is adjudicated ; or (e) Has a prior option B disposition a B++ → DESCRIPTION AND OFFENSE CATEGORY Arson and Malicious Mischief Assault and Other Crimes Involving Physical Harm + Assault 2 (9A.36.021) C+ + Assault 3 (9A.36.031) D+ + Assault 4 (9A.36.041) E + Drive-By Shooting (9A.36.045) C+ + Reckless Endangerment (9A.36.050) E + Promoting Suicide Attempt (9A.36.060 D+ + Coercion (9A.36.070) E + Custodial Assault (9A.36.100) D+ Burglary and Trespass + Burglary 1 (9A.52.020) Drugs Firearms and Weapons Intimidating Another Person by use of E Weapon (9.41.270) Homicide + Murder 1 (9A.32.030) A + Murder 2 (9A.32.050) B+ + Manslaughter 1 (9A.32.060) C+ + Manslaughter 2 (9A.32.070) D+ + Vehicular Homicide (46.61.520) C+ Kidnapping Kidnap 1 (9A.40.020) B+ + Kidnap 2 (9A.40.030) C+ + Unlawful Imprisonment (9A.40.040) D+ Obstructing Governmental Operation Obstructing a Law Enforcement Officer E (9A.76.020) Resisting Arrest (9A.76.040) E Introducing Contraband 1 (9A.76.140) C Introducing Contraband 2 (9A.76.150) D Introducing Contraband 3 (9A.76.160) E + Intimidating a Public Servant C+ (9A.76.180) + Intimidating a Witness (9A.72.110) C+ Public Disturbance + Criminal Mischief with Weapon D+ (9A.84.010(2)(b)) + Criminal Mischief Without Weapon E (9A.84.010(2)(a)) Failure to Disperse (9A.84.020) E Disorderly Conduct (9A.84.030) E Sex Crimes Rape 1 (9A.44.040) B+ Rape 2 (9A.44.05 - Rape of a Child 1 (9A.44.073) B+ + Rape of a Child 2 (9A.44.076) C+ Incest 1 (9A.64.020(1)) C Incest 2 (9A.64.020(2)) D + Indecent Exposure (Victim <14) E (9A.88.010) Indecent Exposure (Victim 14 or over) E (9A.88.010) + Promoting Prostitution 1 (9A.88.070) C+ + Promoting Prostitution 2 (9A.88.080) D+ O & A (Prostitution) (9A.88.030) E + Indecent Liberties (9A.44.100) C+ - Child Molestation 1 (9A.44.083) B Motor Vehicle Related Crimes Other C Escape 11 (9A.76.110) C C 1 C Escape 2 (9A.76.120) D Escape 3 (9A.76.130) E E Obscene, Harassing, Etc., Phone Calls E (9.61.230) A Other Offense Equivalent to an Adult B+ Class A Felony B Other Offense Equivalent to an Adult C Class B Felony C Other Offense Equivalent to an Adult D Class C Felony D Other Offense Equivalent to an Adult E Gross Misdemeanor E Other Offense Equivalent to an Adult E Misdemeanor V Violation of Order of Restitution, V Community Supervision, or Confinement (13.40.200)2 1Esc 1 and 2 a Attempted Escape 1 and 2 are classed as C offenses and standard ange is established as follows: escape attempted escape during 12-month period - ⟦INS⟧4 weeks co finement o attempted escape during 12-month period - 8 weeks ub quent escape or attempted escape during 12-month eks confinement fin s that a respondent has violated terms of an order, a p nalty of up to 30 days of confinement. JUVENILE SENTENCING STANDARDS mu t be used for juvenile offenders. The court may ing option A, B, C, or D. OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE A+ 180 weeks to age 21 for all category A+ offenses A 103-129 weeks for all category A offenses A- ⟦INS⟧15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks Except 30-40 weeks for 15 to 17 year olds 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks LS LS 15-36 weeks 15-36 weeks 52-65 weeks LS LS LS 15-36 weeks 15-36 weeks LS LS LS LS 15-36 weeks LS LS LS LS LS LS LS LS LS LS LS LS LS LS LS OR OPTION B SUSPENDED DISPOSITION ALTERNATIVE (1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence- based or research-based best practice programs. For the purposes of this subsection: (a) "Evidence-base

  amended

• RCW 13.40.110

  only if: p. 14 SB 6022 (a) The respondent was, at the time of the alleged offense, at least 15 years of age or older and is charged with a serious violent offense as defined in RCW 9.94A.030; (b) The respondent was, at the time of the alleged offense, 14 years of age or younger and is charged with murder in the first degree (RCW 9A.32.030), and/or murder in the second degree (RCW 9A.32.050); or (c) The respondent is any age and is charged with custodial assault, RCW 9A.36.100, and, at the time the respondent is charged, is already serving a minimum juvenile sentence to age 21 the → ad as fo (1) Di the c formatio ansfer t all be s (2) Mandatory decline hearing - Unless waived by the court, the parties, and their counsel, a decline hearing shall be held when : (a) The respondent is 16 or 17 years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; (b) The respondent is 17 years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or (c) The

  amended

• RCW 13.40.193

  (a) Except for (b) of this subsection, for ; (b) for any violent offense as defined in RCW 9.94A.030, committed by a respondent who is sixteen or seventeen years old at the time of the offense, a period of twelve months (a) If the court finds that the respondent who is sixteen or seventeen years old and committed the offense of robbery in the first degree, drive-by shooting, rape of a child in the first degree, burglary in the first degree, or any violent offense as defined in RCW 9.94A.030 and was armed with a firearm, and the court finds that the respondent's participation was related to membership in a criminal street gang or advancing the benefit, aggrandizement, gain, p. 16 SB 6022 profit, or other advantage for a criminal street gang, a period of three months total confinement must be added to the sentence. The additional time must be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357 and must be served consecutively with any other sentencing enhancement. (b) For the purposes of this section, "criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, having a common name or common identifying sign or symbol, having as one of its primary activities the commission of criminal acts, and whose members or associates individually or collectively engage in or have engaged in a pattern of criminal street gang activity. This definition does not apply to employees engaged in concerted activities for their mutual aid and protection, or to the activities of labor and bona fide nonprofit organizations or their members or agents. (5) (6) → disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement. (2)(a) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040, the disposition must include a requirement that the respondent participate in a qualifying program as described in (b) of this subsection, when available, unless the court makes a written finding based on the outcome of the juvenile court risk assessment that participation in a qualifying program would not be appropriate. (b) For purposes of this section, "qualifying program" means an aggression replacement training program, a functional family therapy program, or another program applicable to the juvenile firearm offender population that has been identified as evidence-based or research-based and cost-beneficial in the current list prepared at the direction of the legislature by the Washington state institute for public policy. (3) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. If the offender or an accomplice was armed with a firearm when the offender committed any felony other than possession of a machine gun or bump- fire stock, possession of a stolen firearm, drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun or bump-fire stock in a felony, the following periods of total confinement must be added to the sentence: For a class A felony, six months; for a class B felony, four months; and for a class C felony, two months . The additional time shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. (4) When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both. (5) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

  amended

• RCW 13.40.300

  Except as provided in (a) through (c) of this subsection, may not (a) A juvenile offender adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 25th birthday, but not beyond. p. 17 SB 6022 (b) A juvenile offender adjudicated of a murder in the first or second degree offense committed at age 14 or older or a juvenile offender adjudicated of a rape in the first degree offense committed at age 15 or older may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond. (c) A juvenile offender who is 18 or older at the time of the adjudication may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond, in order to serve a standard range disposition. (C) (C) (3) If an order of disposition imposes a commitment to the department for a juvenile offender: (a) Adjudicated of an A++ juvenile disposition category offense listed in RCW 13.40.0357, adjudicated of a murder in the first or second degree offense committed at age 14 or older, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is p. 18 SB 6022 automatically extended to include a period of up to 24 months of parole, in no case extending beyond the offender's 25th birthday; or (b) Adjudicated of a rape in the first degree offense committed at age 15 or older, then jurisdiction for parole is automatically extended to include a period of no less than 24 months and no more than 36 months of parole, in no case extending beyond the offender's 25th birthday. (4) Pursuant to the terms of RCW 13.40.190, the juvenile court maintains jurisdiction beyond the juvenile offender's 21st birthday for the purpose of enforcing an order of restitution or penalty assessment (5) Except as otherwise provided herein, in (6) → read as follows: (1) In no case may a juvenile offender be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility beyond the juvenile offender's 21st birthday. (2)(a) The juvenile court has jurisdiction over, and may place an individual under the authority of the department in the following circumstances: (i) Except as provided under RCW 13.04.030 and 13.40.110, when the individual is under the age of 21 at the time of the filing of the information and is accused of committing a criminal offense that occurred when the individual was under the age of 18; or (ii) If proceedings are pending in a case in which jurisdiction is vested in the adult criminal court pursuant to RCW 13.04.030 and an automatic extension is required because either: (A) The individual is found not guilty of the charge for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in RCW 13.04.030(1)(e)(v), and the matter is transferred to juvenile court pursuant to RCW 13.04.030(1)(e)(v) (E)(II); or (B) The parties agree to juvenile court jurisdiction with the court's approval pursuant to RCW 13.04.030(1)(e)(v) (E)(III). (b) Upon a finding of guilt in juvenile court, the juvenile court maintains jurisdiction to allow for imposition, execution, and enforcement of the court's order of disposition, subject to the limitations in this section. (c) If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to 12 months of parole, in no case extending beyond the offender's 21st birthday. (3) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's 18th birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons. (4) In no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's 21st birthday except for the purpose of enforcing an order of restitution or penalty assessment. (5) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person 18 years of age or older.

  amended

• RCW 72.01.410

  eighteen children, youth, and families. The department of corrections shall Except as provided under (d) of this subsection, treatment not without until the twenty-five (b) his or her twenty-five (c) significant (d) The must retain relating to a person whose earned release date is on or after the person's twenty- fifth birthday and who is placed in a facility operated by the department of children, youth, and families under this section, p. 20 SB 6022 unless the person qualifies for partial confinement under RCW 72.01.412, twenty-five he or she , except as described under RCW 72.01.412 eighteen who is transferred to the custody of other persons in custody eighteen eighteen A person is transferred to the custody of the department of corrections and eighteen persons eighteen person's rehabilitation person other persons in custody eighteen persons eighteen person person persons eighteen person's person's twenty-fifth A person transferred to the custody of the department of corrections eighteen (3) The department of children, youth, and families must review the placement of a person over age twenty-one in the custody of the department of children, youth, and families under this section to determine whether the person should be transferred to the custody of the department of corrections. The department of children, youth, and families may determine the frequency of the review required under this subsection, but the review must occur at least once before the person reaches age twenty-three if the person's commitment period in a juvenile institution extends beyond the person's twenty-third birthday. → read as follows: (1) Whenever any person is convicted as an adult in the courts of this state of a felony offense committed under the age of 18, and is committed for a term of confinement, that person shall be initially placed in a facility operated by the department of corrections to determine the person's earned release date. (a) If the earned release date is prior to the person's 21st birthday, the department of corrections shall transfer the person to the custody of the department of children, youth, and families, or to such other institution as is now or may hereafter be authorized by law to receive such person, until such time as the person completes the ordered term of confinement or arrives at the age of 21 years. (i) While in the custody of the department of children, youth, and families, the person must have the same treatment, housing options, transfer, and access to program resources as any other person committed to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW. Treatment, placement, and program decisions shall be at the sole discretion of the department of children, youth, and families. The person shall only be transferred to the custody of the department of corrections with the approval of the department of children, youth, and families or when the person reaches the age of 21. (ii) If the person's sentence includes a term of community custody, the department of children, youth, and families shall not release the person to community custody until the department of corrections has approved the person's release plan pursuant to RCW 9.94A.729(5)(b). If a person is held past their earned release date pending release plan approval, the department of children, youth, and families shall retain custody until a plan is approved or the person completes the ordered term of confinement prior to age 21. (iii) If the department of children, youth, and families determines that retaining custody of the person in a facility of the department of children, youth, and families presents a safety risk, the department of children, youth, and families may transfer and return the person to the custody of the department of corrections. (b) If the person's earned release date is on or after the person's 21st birthday, the department of corrections shall, with the consent of the secretary of the department of children, youth, and families, transfer the person to a facility or institution operated by the department of children, youth, and families. Despite the transfer, the department of corrections retains authority over custody decisions and must approve any leave from the facility. When the person turns age 21, the person must be transferred back to the department of corrections . The department of children, youth, and families has all routine and day-to-day operations authority for the person while the person is in its custody. (2)(a) Except as provided in (b) and (c) of this subsection, a person under the age of 18 convicted in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed in a housing unit, or a portion of a housing unit, that is separated from offenders who are 18 years of age or older, until the person reaches the age of 18. (b) An offender who reaches 18 years of age may remain in a housing unit for offenders under the age of 18 if the secretary of corrections determines that: (i) The offender's needs and the correctional goals for the offender could continue to be better met by the programs and housing environment that is separate from offenders who are 18 years of age and older; and (ii) the programs or housing environment for offenders under the age of 18 will not be substantially affected by the continued placement of the offender in that environment. The offender may remain placed in a housing unit for offenders under the age of 18 until such time as the secretary of corrections determines that the offender's needs and correc

  amended

• RCW 13.40.020

  "Community transition services" means a therapeutic and supportive community-based custody option in which: (a) A person serves a portion of their term of confinement residing in the community, outside of department institutions and community facilities; (b) The department supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location; (c) The department provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and (d) The department prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race, ethnicity, sexual identity, and gender identity; (7) (8))) (7) "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s); (((9))) (8) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense, the allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history. A successfully completed diversion under RCW 13.40.080 may not be considered part of the respondent's criminal history; (((10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (29) (30) (31) "Risk assessment tool" means the statistically valid tool used by the department to inform release or placement decisions related to security level, release within the sentencing range, community facility eligibility, community transition services eligibility, and parole. The "risk assessment tool" is used by the department to predict the likelihood of successful reentry and future criminal behavior; (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) → (6) onfi en, uth, cont ct w ty o rate ma ope ion cil e enti ment Pret d as art utiv y or (9) ably ikely dual nd o stan woul (10) and milie (11) the unty, e co tted itio or m gr hom trai g cam (12) int div y ot per the pervi he enile ise h ag ity ount egis ure ance th t subs ion, sed memb er r des. sh con s. pos enta es f r, cher , a busi ity the l (13) fam home cens by th (14) nt t apte (15) (16) dual o is een eviou 110, less ted the erre ursua cour urisd (17) by t juven 18 ars o icti under (18) whi contr on t bring ; (19) ing: ) 0- isio or ( (20) imp an s, a clea r; (21) e o he f , w or res ctio req emen re n un ions li e co neme (22) if c itte nce any er t law (23) -to- son c lish with ) Pr nt a in entia ) R e a the a vol ) Gu a ju (24) or h is bir and ian ermin spit birt (25) ient curi ure off ance th c e or ed p sit cash ed b he co (26) to e com (27) er t he v s fo njur edic trea ing m ph ably late rsem for int ble e c re er; (28) ogra info re d gned ing ha tive oppo icat bet nt c nity (29) (a) Physical restraint; or (b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons; (30) fy a hild or -occu arra immed ment A sc stra n of (31) (32) e, ch p les hav e si d a d (33) e in W 9.9 (34) ich resp spon t's s (35) nce s o ate, rope ied ap icti of t (36) (37) ted an a isha by s (38) d in 9.9 (39)

  amended

• RCW 13.40.205

  or community transition services under subsection (13) of this section or community transition services under subsection (13) of this section Community transition services is an electronic monitoring program as that term is used in RCW 9A.76.130. (11) or in community transition services under subsection (13) of this section twelve twelve sixteen (12) (13)(a) The department may require a person in its custody to serve the remainder of the person's sentence in community transition services if the department determines that such placement is in the best interest of the person and the community using the risk assessment tool and considering the availability of appropriate placements, treatment, and programming. The department's determination described under this subsection must include consideration of the person's behavior while in confinement and any disciplinary considerations. The department shall establish appropriate conditions the person must comply with to remain in community transition services. A person must have served 60 percent of their minimum term of confinement and no less than 15 weeks of total confinement including time spent in detention prior to sentencing or the entry of a dispositional order before becoming eligible for community transition services under the authority and supervision of the department. (b) A person placed in community transition services under this section must have access to appropriate treatment and programming as determined by the department, including but not limited to: (i) Behavioral health treatment; (ii) Independent living; (iii) Employment; (iv) Education; (v) Connections to family and natural supports; and (vi) Community connections. (c) Community transition services under this section is in lieu of confinement in an institution or community facility operated by the department, and will not fulfill any period of parole required under RCW 13.40.210. (d) If a person placed in community transition services under this section violates a condition of participation in the community transition services program, or if the department determines that p. 31 SB 6022 placement in the program is no longer in the best interests of the person or community, the person may be returned to an institution operated by the department at the department's discretion. (e) The following persons are not eligible for community transition services under this section: (i) Persons with pending charges or warrants; (ii) Persons who will be transferred to the department of corrections, who are in the custody of the department of corrections, or who are under the supervision of the department of corrections; (iii) Persons who were adjudicated or convicted of the crime of murder in the first or second degree; (iv) Persons who meet the definition of a "persistent offender" as defined under RCW 9.94A.030; (v) Level III sex offenders; and (vi) Persons requiring out-of-state placement. (14) The department shall design, or contract for the design, and implement a risk assessment tool. The tool must be designed to limit bias related to race, ethnicity, gender, and age. The risk assessment tool must be certified at least every three years based on current academic standards for assessment validation, and can be certified by the office of innovation, alignment, and accountability or an outside researcher. → supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile. (5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave. (6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. (7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section. (8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family. (9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances. (10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in p. 30 SB 6022 ⟦INS⟧work, educational, community restitution, or treatment programs in the community up to 12 hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence. This authorization may be increased to more than 12 hours a day up to 16 hours a day if approved by the secretary and operated within the department's appropriations. (11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.

  amended

• RCW 13.40.215

  thirty or community transition services program thirty or p. 32 SB 6022 community transition services program twenty-one thirty forty-eight → ended to read as follows: (1)(a) Except as provided in subse tion, at the earliest practicable date, and in 30 days before discharge, parole, or leave or release, or before transfer to a commu ity , the secretary sha⟦INS⟧ll send wr release, or offense, a ich the ju reside. tion, at th 30 or ec role, auth ze found to e 21 e juvenile, and he ic apply to e ge ce of the ce y extension t after noti at nile found ha lking escap fr immediatel no ilable, the ie nty in wh t 's arrest. pr he witnesse nd und to have mm a homicide. f nd notice s possible i tment learn f y may auth ze olent offen a 48

  amended

• RCW 13.40.301

  --- END ---

  amended

Action History

1. January 12, 2026

   First reading, referred to Human Services.

Sponsors

• (Christian) · Primary

Subjects