SB 5296 — Improving outcomes for individuals adjudicated of juvenile offenses by increasing opportunities for community placement options and refining procedural requirements.

(a) The offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and the offender has no history of a prior sex offense;

or (b) The offender is found to have committed assault in the fourth degree with sexual motivation, and the offender has no history of a prior sex offense.

(2) If the court finds the offender is eligible for this alternative, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

(a) The report of the examination shall include at a minimum the following:

(i) The respondent's version of the facts and the official version of the facts;

(ii) The respondent's offense history;

(iii) An assessment of problems in addition to alleged deviant behaviors;

(iv) The respondent's social, educational, and employment situation;

(v) Other evaluation measures used.

The report shall set forth the sources of the evaluator's information.

(b) The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community.

A proposed treatment plan shall be provided and shall include, at a minimum:

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5 SB 5296 (i) The frequency and type of contact between the offender and therapist;

(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(iv) Anticipated length of treatment;

and (v) Recommended crime-related prohibitions.

(c) For good cause shown, the court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment.

The evaluator shall be selected by the party making the motion.

(3) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option D, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years.

(4) As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to 30 days of confinement and requirements that the offender do any one or more of the following:

(a) Devote time to a specific education, employment, or occupation;

(b) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense.

A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment.

The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers p.

6 SB 5296 without court approval after a hearing if the prosecutor or probation counselor object to the change;

(c) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

(d) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider.

This change shall have prior approval by the court;

(e) Report as directed to the court and a probation counselor;

(f) Pay restitution and perform community restitution, or any combination thereof;

(g) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

or (h) Comply with the conditions of any court-ordered probation bond.

(5) If the court orders 24 hour, continuous monitoring of the offender while on probation, the court shall include the basis for this condition in its findings.

(6)(a) The court must order the offender not to attend the public or approved private elementary, middle, or high school attended by the victim or the victim's siblings.

(b) The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district.

(c) The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved private school the juvenile will attend, if known, or if unknown, to the approved private schools and the public school district board of directors of the district in which the juvenile resides or intends to reside.

This notice must be sent at the earliest possible date but not later than 10 calendar days after entry of the disposition.

(7)(a) The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties.

The reports shall reference the treatment plan and include at a minimum the following:

Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

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7 SB 5296 (b) At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

(c) Except as provided in this subsection, examinations and treatment ordered pursuant to this subsection shall be conducted by qualified professionals as described under (d) of this subsection, certified sex offender treatment providers, or certified affiliate sex offender treatment providers under chapter 18.155 RCW.

(d) A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the therapist is a professional licensed under chapter 18.225 or 18.83 RCW and the treatment employed is evidence-based for sex offender treatment, or if the court finds that:

(i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements;

(ii) no certified sex offender treatment providers or certified affiliate sex offender treatment providers are available for treatment within a reasonable geographical distance of the offender's home;

and (iii) the evaluation and treatment plan comply with this subsection and the rules adopted by the department of health.

(8)(a) If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to 30 days confinement for violating conditions of the disposition.

(b) The court may order both execution of the disposition and up to 30 days confinement for the violation of the conditions of the disposition.

(c) The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.

(9) For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

"Victim" may also include a known parent or guardian of a victim who p.

8 SB 5296 is a minor child unless the parent or guardian is the perpetrator of the offense.

(10) The respondent or the parent, guardian, or other person having custody of the respondent shall not be required to pay the cost of any evaluation or treatment of the respondent ordered under this section.

(11) A disposition entered under this section is not appealable under RCW 13.40.230.

Sec.

3.

(2) The court must consider eligibility for the substance use disorder or mental health disposition alternative when a juvenile offender is subject to a standard range disposition ((of local sanctions or 15 to 36 weeks of confinement)) and has not committed an ((A- or B+B+)) offense,A+ offense((, other than a first time B+ offense under chapter 69.50 RCW))RCW)). offense under RCW 13.04.030(1)(e)(v).

The court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, substance abusing, or has significant mental health or co-occurring disorders may order an examination by a substance use disorder counselor from a substance use disorder treatment facility approved under chapter 70.96A RCW or a mental healthp. professional as defined in chapter 71.34 RCW to determine if the youth is chemically dependent, substance abusing, or suffers from significant mental health or co-occurring disorders.

The9 stateSB shall5296 payhealth professional as defined in chapter 71.34 RCW to determine if the costyouth ofis anychemically p.dependent, substance abusing, or suffers from significant mental health or co-occurring disorders.

5The SSBstate 5296shall pay the cost of any examination ordered under this subsection unless third-party insurance coverage is available.

(b) If the court determines that this disposition alternative is appropriate, then the court shall impose the standard range for the offense, or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition above the standard range as indicated in option D of RCW 13.40.0357 if the disposition is an increase from the standard range and the confinement of the offender does not exceed a maximum of 52 weeks, suspend execution of the disposition, and place the offender on community supervision for p.

610 SSBSB 5296 is an increase from the standard range and the confinement of the offender does not exceed a maximum of 52 weeks, suspend execution of the disposition, and place the offender on community supervision for up to one year.

The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.revoked, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.

"Victim"p. may also include a known parent or guardian of a victim who is a minor child or is not a minor child but is incapacitated, incompetent, disabled, or deceased.

(9)11 WheneverSB 5296 "Victim" may also include a juvenileknown offenderparent isor entitledguardian toof credita forvictim timewho spentis ina detentionminor priorchild toor is not a dispositionalminor order,child thebut dispositionalis p.incapacitated, incompetent, disabled, or deceased.

7(9) SSBWhenever 5296a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.served, and the credit must be applied to any term of confinement for a juvenile, including to reduce both the minimum and maximum terms of the prescribed range to which the juvenile has been committed.

(11) A disposition under this section is not appealable under RCW 13.40.230,13.40.230. unless the court revokes the suspended disposition and makes a finding under RCW 13.40.160(1)(c).

3.4.

(1) ((Any)) Except as provided under RCW 13.40.160(1)(e), any term of confinement imposed for an offense which exceeds ((thirty)) 30 days shall be served under the supervision of the department, although the juvenile court maintains concurrent jurisdiction with the department over the juvenile,case. only for the purposes of conducting review hearings described under this section and any community supervision that is ordered if a juvenile is released at the review hearing.

(a)(2)(a) TheWhenever a juvenile courtis administratorconfined andin thea secretarydetention offacility the department, or theis secretary'scommitted designee, in alignment with the definition of confinement in RCW 13.40.020(7), shall prioritize capacity-related concerns related to the physicaldepartment, custody of the juvenilecourt whenmay establishingnot contractualdirectly agreementsorder ina effortsjuvenile tointo provide a humane,particular safe,county andor rehabilitativestate environment.facility.

The juvenile court administrator and the secretary or the secretary's designee, as p.

812 SSBSB 5296 (b)appropriate, Subjecthas to the availabilitysole ofdiscretion fundsto appropriateddetermine forin thiswhich specificfacility purpose,a the department shall establish contractual agreements with at least four juvenile courtshould administrators,be includingconfined ator leastcommitted. one that is located east of the Cascade mountains, for the physical custody of young people with terms of confinement where there are less than 90 days before the release date set in accordance with RCW 13.40.210(1).

(2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility.

The juvenile court administrator and the secretary or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed.

(3)(b) ExcludingFor thejuveniles offenseswhose listedminimum inprescribed RCWrange 13.04.030(1)(e)(v),of theconfinement juvenilewould courtresult maintainsin concurrentless jurisdictionthan with60 thedays departmentof overconfinement ain juvenilean whoinstitution, isaccounting committedfor to the department,juvenile's exceptcredit thefor court'stime concurrentserved, jurisdictionthe juvenile may be onlyconfined forto the purposes of scheduling and conducting a reviewdetention hearingfacility atfor theup mid-pointto of10 thedays minimum range, provided the review does not occur until after the juveniledisposition hashearing servedfor at least four months in the custodydepartment ofto thedetermine department, and imposing any community supervision that is ordered if a juvenile is released at the reviewjuvenile's hearing.release date.

TheIf courtthe department determines that a juvenile's release date would occur in less than 60 days, the remaining confinement may schedulebe additionalserved reviewin hearingsa atdetention itsfacility discretion.or on electronic home monitoring pursuant to a department contract with the county.

(3) Excluding the offenses listed in RCW 13.40.160(1)(b), the juvenile court maintains concurrent jurisdiction over a juvenile who is committed to the department and shall schedule review hearings every six months that the juvenile is in the custody of a juvenile rehabilitation facility to assess the youth's progress.

and (iv) How often the juvenile has been under room confinement due to staffing issues or overpopulation and whether there have been any major disruptions to programming in the threelast monthssix precedingmonths. the review hearing.

(b) During each review hearing the court shall consider the juvenile's progress and,and unless the court makes a finding under RCW 13.40.160(1)(c), shall release the juvenile from the custody of the department and place the juvenile on up to a year of community p.supervision, unless:

9(i) SSBThe 5296 supervision administered by the county, unless the juvenile will be placed on mandatory parole,parole; in which case the juvenile shall be released to parole rather than community supervision.

or (ii) The court makes a finding under RCW 13.40.160(1)(c).

(d) The respondent shallmay appear remotely for the hearing described under subsection (3) of this section,section unlessupon orderedagreement byof the courtrespondent. to appear in person.

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4.13 SB 5296 Sec.

5.

DESCRIPTION AND OFFENSE CATEGORY JUVENILE DISPOSITION JUVENILE CATEGORY FOR DISPOSITION ATTEMPT, BAILJUMP, OFFENSE CONSPIRACY, OR CATEGODESCRIPTIONCATEGORYDESCRIPTION (RCW CITATISOLICITATIONCITATIONSOLICITATION Arson and Malicious Mischief A Arson 1 (9A.48.020) B+ B Arson 2 (9A.48.030) C C Reckless Burning 1 (9A.48D040)(9A.48.0D0) D Reckless Burning 2 (9A.48E050)(9A.48.0E0) B Malicious Mischief 1 (9A.C8.070)(9A.48C070) C Malicious Mischief 2 (9A.D8.080)(9A.48D080) D Malicious Mischief 3 (9A.E8.090)(9A.48E090) E Tampering with Fire AlarmEApparatusAlarm AEparatus (9.40.100) E Tampering with Fire AlarmEApparatusAlarm AEparatus with Intent to Commit Arson (9.40.105) A Possession of Incendiary B+viceDeB+ce (9.40.120) Assault and Other Crimes Involving Physical Harm A Assault 1 (9A.36.011) B+ B+ Assault 2 (9A.36.021) C+ C+ Assault 3 (9A.36.031) D+ D+ Assault 4 (9A.36.041) E B+ Drive-By Shooting (9A.36.04C+ committed at age 15 or under A++ Drive-By Shooting (9A.36.04A) committed at age 16 or 17 D+ Reckless Endangerment (9A.3E.050) C+ Promoting Suicide Attempt (9A.36.060) D+ D+ Coercion (9A.36.070) E C+ Custodial Assault (9A.36.10D+ p.

1014 SSBSB 5296 D+ Assault 4 (9A.36.041) E B+ Drive-By Shooting (9A.36.045)C+ committed at age 15 or under A++ Drive-By Shooting (9A.36.045)A committed at age 16 or 17 D+ Reckless Endangerment (9A.36.E50) C+ Promoting Suicide Attempt (9A.36.060) D+ D+ Coercion (9A.36.070) E C+ Custodial Assault (9A.36.100)D+ Burglary and Trespass B+ Burglary 1 (9A.52.020) commitC+d at age 15 or under A- Burglary 1 (9A.52.020) commitB+d at age 16 or 17 B Residential Burglary (9A.52.0C5) B Burglary 2 (9A.52.030) C D Burglary Tools (Possession ofE (9A.52.060) D Criminal Trespass 1 (9A.52.07E) E Criminal Trespass 2 (9A.52.08E) C Mineral Trespass (78.44.330) C C Vehicle Prowling 1 (9A.52.095D D Vehicle Prowling 2 (9A.52.100E Drugs E Possession/Consumption of AlcEhol (66.44.270) C Illegally Obtaining Legend DrDg (69.41.020) C+ Sale, Delivery, Possession ofD+egend Drug with Intent to Sell (69.41.030(2)(a)) E Possession of Legend E Drug (69.41.030(2)(b)) B+ Violation of Uniform ControllB+ Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) C Violation of Uniform ControllCd Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) E Possession of Cannabis <40 grEms (69.50.4014) C Fraudulently Obtaining ControCled Substance (69.50.403) C+ Sale of Controlled Substance C+r Profit (69.50.410) E Unlawful Inhalation (9.47A.02E) p.

1115 SSBSB 5296 C Violation of Uniform ContrClled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) 4 E Possession of Cannabis <40Egrams (69.50.4014) C Fraudulently Obtaining ConCrolled Substance (69.50.403) C+ Sale of Controlled SubstanC+ for Profit (69.50.410) E Unlawful Inhalation (9.47AE020) B Violation of Uniform ContrBlledControBled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) C Violation of Uniform ContrClledControCled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) E Violation of Uniform ContrElledControEled Substances Act - Possession of a Controlled Substance (69.50.4013) C Violation of Uniform ContrClledControCled Substances Act - Possession of a Controlled Substance (69.50.4012) Firearms and Weapons B Theft of Firearm (9A.56.30C)(9A.56.300C B Possession of Stolen FireaCmFirearC (9A.56.310) E Carrying Loaded Pistol WitEoutWithEut Permit (9.41.050) C Possession of Firearms by CinorMCnor (<18) (9.41.040(2)(a) (v)) D+ Possession of Dangerous WeEponWeaEon (9.41.250) D Intimidating Another PersoEPersonEby by use of Weapon (9.41.270) Homicide A+ Murder 1 (9A.32.030) A A+ Murder 2 (9A.32.050) B+ B+ Manslaughter 1 (9A.32.060) C+ C+ Manslaughter 2 (9A.32.070) D+ B+ Vehicular Homicide (46.61.5C+) Kidnapping A Kidnap 1 (9A.40.020) B+ B+ Kidnap 2 (9A.40.030) C+ C+ Unlawful Imprisonment (9A.4D+040) Obstructing Governmental Operation p.

1216 SSBSB 5296 A+ Murder 1 (9A.32.030) A A+ Murder 2 (9A.32.050) B+ B+ Manslaughter 1 (9A.32.060) C+ C+ Manslaughter 2 (9A.32.070) D+ B+ Vehicular Homicide (46.61.520C+ Kidnapping A Kidnap 1 (9A.40.020) B+ B+ Kidnap 2 (9A.40.030) C+ C+ Unlawful Imprisonment (9A.40.D+0) Obstructing Governmental Operation D Obstructing a Law Enforcement Officer E (9A.76.020) E Resisting Arrest (9A.76.040) E B Introducing Contraband 1 (9A.C6.140) C Introducing Contraband 2 (9A.D6.150) E Introducing Contraband 3 (9A.E6.160) B+ Intimidating a Public ServantC+ (9A.76.180) B+ Intimidating a Witness (9A.72C+10) Public Disturbance C+ Criminal Mischief with WeaponD+ (9A.84.010(2)(b)) D+ Criminal Mischief Without WeaEon (9A.84.010(2)(a)) E Failure to Disperse (9A.84.02E) E Disorderly Conduct (9A.84.030E Sex Crimes A Rape 1 (9A.44.040) B+ B++ Rape 2 (9A.44.050) committed at age 14 B+ or under A- Rape 2 (9A.44.050) committed at age 15 B+ through age 17 C+ Rape 3 (9A.44.060) D+ B++ Rape of a Child 1 (9A.44.073)B+ committed at age 14 or under A- Rape of a Child 1 (9A.44.073)B+ committed at age 15 B+ Rape of a Child 2 (9A.44.076)C+ B Incest 1 (9A.64.020(1)) C C Incest 2 (9A.64.020(2)) D D+ Indecent Exposure (Victim <14E (9A.88.010) E Indecent Exposure (Victim 14 Er over) (9A.88.010) B+ Promoting Prostitution 1 (9A.C+.070) C+ Promoting Prostitution 2 (9A.D+.080) p.

1317 SSBSB 5296 A- Rape of a Child 1 (9A.44.073)B+ committed at age 15 B+ Rape of a Child 2 (9A.44.076)C+ B Incest 1 (9A.64.020(1)) C C Incest 2 (9A.64.020(2)) D D+ Indecent Exposure (Victim <14E (9A.88.010) E Indecent Exposure (Victim 14 Er over) (9A.88.010) B+ Promoting Prostitution 1 (9A.C+.070) C+ Promoting Prostitution 2 (9A.D+.080) E O & A (Prostitution) (9A.88.0E0)(9A.8E.030) B+ Indecent Liberties (9A.44.100C+(9A.44.C+0) B++ Child Molestation 1 (9A.44.08B+(9A.44B+83) committed at age 14 or under A- Child Molestation 1 (9A.44.08B+(9A.44B+83) committed at age 15 through age 17 B Child Molestation 2 (9A.44.08C+(9A.44C+86) C Failure to Register as a SexSDx DffenderOffender (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 22C(9A.56.080 (9C.56.080 and 9A.56.083) C Forgery (9A.60.020) D A Robbery 1 (9A.56.200) committB+commB+ted at age 15 or under A++ Robbery 1 (9A.56.200) committAdcommAtted at age 16 or 17 B+ Robbery 2 (9A.56.210) C+ B+ Extortion 1 (9A.56.120) C+ C+ Extortion 2 (9A.56.130) D+ C Identity Theft 1 (9.35.020(2)D(9.35.020D2)) D Identity Theft 2 (9.35.020E3)) D Improperly Obtaining FinanEial Information (9.35.010) B Possession of a Stolen VehCcle (9A.56.068) B Possession of Stolen PropeCty 1 (9A.56.150) C Possession of Stolen PropeDty 2 (9A.56.160) D Possession of Stolen PropeEty 3 (9A.56.170) p.

1418 SSBSB 5296 D Identity Theft 2 (9.35.020E3)) D Improperly Obtaining FinanEial Information (9.35.010) B Possession of a Stolen VehCcle (9A.56.068) B Possession of Stolen PropeCty 1 (9A.56.150) C Possession of Stolen PropeDty 2 (9A.56.160) D Possession of Stolen PropeEty 3 (9A.56.170) B Taking Motor Vehicle WithoCt Permission 1 (9A.56.070) C Taking Motor Vehicle WithoDt Permission 2 (9A.56.075) 5 B Theft of a Motor Vehicle (CA.56.065) Motor Vehicle Related Crimes 7 E Driving Without a License E46.20.005) B+ Hit and Run - Death (46.52C+20(4)(a)) C Hit and Run - Injury (46.5D.020(4)(b)) D Hit and Run-Attended (46.5E.020(5)) E Hit and Run-Unattended (46E52.010) C Vehicular Assault (46.61.5D2) C Attempting to Elude PursuiDg Police Vehicle (46.61.024) E Reckless Driving (46.61.50E) D Driving While Under the InEluence (46.61.502 and 46.61.504) B+ Felony Driving While UnderBthe Influence (46.61.502(6)) B+ Felony Physical Control ofBa Vehicle While Under the Influence (46.61.504(6)) Other B Animal Cruelty 1 (16.52.20C) B Bomb Threat (9.61.160) C C Escape 1 (9A.76.110) C C 1 C Escape 2 (9A.76.120) D Escape 3 (9A.76.130) E E Obscene, Harassing, Etc., Ehone Calls (9.61.230) A Other Offense Equivalent tB+an Adult Class A Felony B Other Offense Equivalent tC an Adult Class B Felony C Other Offense Equivalent tD an Adult Class C Felony p.

1519 SSBSB 5296 C Escape 2 (9A.76.120) C D Escape 3 (9A.76.130) E E Obscene, Harassing, Etc.,EPhone Calls (9.61.230) A Other Offense Equivalent B+toEan an Adult Class A Felony B Other Offense Equivalent Co an Adult 8 Class B Felony C Other Offense Equivalent Do an Adult Class C Felony D Other Offense Equivalent Eo an Adult Gross Misdemeanor E Other Offense Equivalent EotoEan an Adult Misdemeanor V Violation of Order of ResVitution,RestiVution, Community Supervision, or Confinement 7 (13.40.200) 1Escape8 Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 28 days confinement 2nd escape or attempted escape during 12-month period - 8 weeks confinement 3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement 2IfIf the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

The court may select sentencing option A, B, C, or DD. based on a court's finding under RCW 13.40.160(1)(c).

OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE A++ 129 to 260 weeks for all category A++ offenses A+ 180 weeks to age 21 for all category A+ offenses A 103-129 weeks for all category A offenses A- 30-40 weeks 52-65 week80-100 week103-129 week103-129 weeks B++ 15-36 weeks 52-65 week80-100 week103-129 week103-129 weeks CURRENT B+ 15-36 weeks 15-36 weeks52-65 weeks80-100 week103-129 weeks OFFENSE B LS LS 15-36 weeks15-36 weeks 52-65 weeks CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks C LS LS LS LS 15-36 weeks D+ LS LS LS LS LS p.

1620 SSBSB 5296 A+ 180 weeks to age 21 for all category A+ offenses A 103-129 weeks for all category A offenses A- 30-40 weeks52-65 week80-100 wee103-129 wee103-129 weeks B++ 15-36 weeks52-65 week80-100 wee103-129 wee103-129 weeks CURRENT B+ 15-36 weeks15-36 week52-65 week80-100 week103-129 weeks OFFENSE B LS LS 15-36 weeks15-36 week52-65 weeks CATEGORY C+ LS LS LS 15-36 week15-36 weeks C LS LS LS LS 15-36 weeks D+ LS LS LS LS LS D LS LS LS LS LS E LS LS LS LS LS PRIOR 0 1 2 3 4 or more ADJUDICATIONS NOTE:

OR OPTION B SUSPENDED DISPOSITION ALTERNATIVE p.(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range based on a finding under RCW 13.40.160(1)(c) and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement.

17The SSBtreatment 5296programs (1)provided Ifto the offender ismust subjectbe toeither aresearch-based standardbest rangepractice dispositionprograms involvingas confinementidentified by the department,Washington thestate courtinstitute mayfor imposepublic thepolicy standardor rangethe andjoint suspendlegislative theaudit dispositionand onreview conditioncommittee, thator thefor offenderchemical complydependency withtreatment oneprograms or moreservices, localthey sanctionsmust andbe anyevidence-based educational or treatmentresearch-based requirement.best practice programs.

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.

(a)p. "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population;

21 SB 5296 (a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population;

(3) An offender is ineligible for the suspended disposition option under this section if the offender is adjudicated of((:of:

(a) Is((Is adjudicated of anan)) An A+ or((or A++A++)) offense;

(b) Is((Is fourteen years of age or older and is adjudicated of one or more of the following offenses:

or (iv) Violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b)), when the offense includes infliction of bodily harm upon another or when during the commission or immediate p.withdrawal from the offense the respondent was armed with a deadly weapon;

18 SSB 5296 withdrawal from the offense the respondent was armed with a deadly weapon;

(d) Is adjudicated of a)) anAssault offensein underthe RCWfirst 13.40.030(1)(e)(v)degree orcommitted awhen sexthe offensejuvenile aswas definedage in16 RCWor 9.94A.030((;older;

(c) Drive-by shooting committed when the juvenile was age 16 or older;

(d) Kidnapping in the first degree committed when the juvenile was age 16 or older;

or (e) A sex offense as defined in RCW 9.94A.030((;

(4)p. The court may revoke a suspended disposition only if the court makes a finding under RCW 13.40.160(1)(c).

A22 revocationSB of5296 (4) The court may revoke a suspended disposition isonly appealableif the court makes a finding under RCW 13.40.230.13.40.160(1)(c).

OR OPTION C CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE ((If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed a B++ or B+ offense)) Unless a juvenile has been adjudicated of an A+ offense, assault in the first degree committed when the juvenile was age 16 or older, drive-by shooting committed when the juvenile was age 16 or older, kidnapping in the first degree committed when the juvenile was age 16 or older, or a sex offense underas defined in RCW 13.04.030(1)(e)(v),9.94A.030, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.

5.6.

(1) The department shall not initially place an offender in a community facility unless((:unless ((:

The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious p.

1923 SSBSB 5296 The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.

6.7.

(1) The secretary shall set a release date for each juvenile committed to its custody and prioritize setting the release date as soon as possible for juveniles who would serve less than 9060 days under the supervision of the department.

The release date shall be within the prescribed range, after accounting for the credit that must be applied to both the minimum and maximum terms of the prescribed range to which a juvenile has been committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program.

Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.committed, after accounting for the credit that must be applied to both the minimum and maximum terms of the prescribed range.

2024 SSBSB 5296 department in rule, the secretary may recommend reductions to the governor.

2125 SSBSB 5296 to provide supervision and services to offenders at moderate to high risk for reoffending.

2226 SSBSB 5296 (d) After termination of the parole period, the juvenile shall be discharged from the department's supervision.

2327 SSBSB 5296 a recent overt act.

7.8.

(1)(a) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or ((before))before after transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a serious violent offense, a sex offense, or stalking, to the following:

(b)(((i)))(b)(i) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days p.

2428 SSBSB 5296 days before discharge, parole, or any other authorized leave or release, or ((before))before after transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of an individual who is found to have committed a serious violent offense or a sex offense, is twenty-one years of age or younger, and has not received a high school diploma or its equivalent, to the designated recipient of the school where the juvenile ((either:

or (B))) has expressed an intention to enroll following ((hishis or her))her the juvenile's release.

(((ii)(ii) The((The community residential facility shall provide written notice of the offender's criminal history to the designated recipient of any school that the offender attends while residing at the community residential facility and to any employer that employs the offender while residing at the community residential facility.

(iii)(iii))) As used in this subsection, "designated recipient" means:

or (C) the administrator of a private school approved under chapter 28A.195 RCW.))RCW. (c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

(c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

2529 SSBSB 5296 reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

(2)(a) If a juvenile found to have committed a serious violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest.

(b) The secretary may authorize a leave, for a juvenile found to have committed a serious violent offense, a sex offense, or stalking, 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.

2630 SSBSB 5296 (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

(a) "((Violent))"Violent Serious violent offense" means a serious violent offense under RCW 9.94A.030;

8.9.

2731 SSBSB 5296 judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range would constitute a manifest injustice((,));

and (b) that those reasons clearly and convincingly support the conclusion that commitment to thejuvenile departmentrehabilitation is needed because a community-based placement would not adequately protect the community.

9.10.

RCW 13.40.308 and 2016 c 136 s 4 are each amended to read as follows:

(1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:

(a) Juveniles with a prior criminal history score of zero to one- half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined to a private residence for no less than five days.

The juvenile may be subject to electronic monitoring where available.

If the juvenile is enrolled in school, the confinement shall be served on nonschool days;

(b) Juveniles with a prior criminal history score of three- quarters to one and one-half points shall be sentenced to a standard p.

32 SB 5296 range sentence that includes six months of community supervision, no less than ten days of detention, and ninety hours of community restitution;

and (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration if the court makes the required finding under RCW 13.40.160(1)(c), four months of parole supervision, and ninety hours of community restitution.

A commitment to the juvenile rehabilitation administration under this subsection is subject to the review hearings established under RCW 13.40.185(3).

(2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:

(a) Juveniles with a prior criminal history score of zero to one- half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision and either ninety hours of community restitution or a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than five days, or a combination thereof that includes a minimum of three days home confinement and a minimum of forty hours of community restitution.

The juvenile may be subject to electronic monitoring where available;

(b) Juveniles with a prior criminal history score of three- quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, and ninety hours of community restitution;

and (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration if the court makes the required finding under RCW 13.40.160(1)(c), four months of parole supervision, and ninety hours of community restitution.

A commitment to the juvenile rehabilitation administration under this subsection is subject to the review hearings established under RCW 13.40.185(3).

p.

33 SB 5296 (3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:

(a) Juveniles with a prior criminal history score of zero to one- half points shall be sentenced to a standard range sentence that includes three months of community supervision, fifteen hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than one day.

If the juvenile is enrolled in school, the confinement shall be served on nonschool days.

The juvenile may be subject to electronic monitoring where available;

(b) Juveniles with a prior criminal history score of three- quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than ((one day of detention,)) three months of community supervision, thirty hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than two days.

If the juvenile is enrolled in school, ((the)) any confinement shall be served on nonschool days.

The juvenile may be subject to electronic monitoring where available;

and (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than ((three days of detention,)) six months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than seven days.

If the juvenile is enrolled in school, ((the)) any confinement shall be served on nonschool days.

The juvenile may be subject to electronic monitoring where available.

Sec.

11.

and (ii)p. The department of children, youth, and families determines that placement in community transition services is in the best interests of the person and the community;

34 SB 5296 (ii) The department of children, youth, and families determines that placement in community transition services is in the best interests of the person and the community;

p.(i) The person has an earned release date that is before their 26th birthday;

28 SSB 5296 (i) The person has an earned release date that is before their 26th birthday;

(8) If a person placed on community transition services under this section commits a violation requiring the return of the person to total confinement after the person's 25th birthday, the person must be transferred to the custody and supervision of the department of corrections for the remainder of the sentence.

(9) The following persons are not eligible for community transition services under this section:

2935 SSBSB 5296 (a)(8) PersonsIf witha pendingperson chargesplaced oron warrants,community excepttransition thoseservices whounder arethis chargedsection withcommits ana offenseviolation thatrequiring allegedlythe occurredreturn atof athe juvenileperson rehabilitationto institution;total confinement after the person's 25th birthday, the person must be transferred to the custody and supervision of the department of corrections for the remainder of the sentence.

(9) The following persons are not eligible for community transition services under this section:

(a) Persons with pending charges or warrants, except those who are charged with an offense that allegedly occurred at a juvenile rehabilitation institution;

Sec.

10.

RCW 13.40.205 and 2021 c 206 s 4 are each amended to read as follows:

(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave p.

30 SSB 5296 from the physical custody of the department only if consistent with public safety and if:

(a) Sixty percent of the minimum term of confinement has been served;

and (b) The purpose of the leave is to enable the juvenile:

(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community;

or (iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

(3) No authorized leave may exceed seven consecutive days.

The total of all preminimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to 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 p.

31 SSB 5296 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 or community transition services under subsection (13) of this section to the victim or the victim's immediate family.

(9) A juvenile who violates any condition of an authorized leave plan or community transition services under subsection (13) of this section may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

(10) Community transition services is an electronic monitoring program as that term is used in RCW 9A.76.130.

(11) Notwithstanding the provisions of this section, a juvenile placed in minimum security status or in community transition services under subsection (13) of this section may participate in work, educational, community restitution, or treatment programs in the community up to twelve 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 twelve hours a day up to sixteen hours a day if approved by the secretary and operated within the department's appropriations.

(12) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.

(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 p.

32 SSB 5296 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 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, except those that are charged with an offense that allegedly occurred at a juvenile rehabilitation institution;

(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 p.

33 SSB 5296 (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.

3436 SSBSB 5296