HB 2907 — Concerning confinement in juvenile rehabilitation facilities.

H-4304.1SUBSTITUTEH-4007.1HOUSE HOUSE BILL 2907State of Washington65th Legislature2018 Regular SessionBy House Early Learning & Human Services (originally sponsored by Representatives Goodman, Frame, Kagi, and Doglio)READDoglioRead FIRSTfirst TIMEtime 02/02/18.AN01/23/18. ACT Relating to confinement in juvenile rehabilitation facilities;

Referred to Committee on Early Learning & Human Services.AN ACT Relating to confinement in juvenile rehabilitation facilities;

This emphasis on rehabilitation up to age twenty-five and one-half reflects similar programming in other states, which has significantly reduced recidivism of juveniles confined in adult correctional facilities.Sec. 2.  RCW 72.01.410 and 2015 c 156 s 2 are each amended to read as follows:(1) Whenever any child under the age of eighteen is convicted as an adult in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement, that child shall be ((initially)) placed in a facility operated by the department of ((corrections)) social and health services to determine the child's earned release date.(a) ((If the earned release date is prior to the child's twenty-first birthday, the department of corrections shall transfer the child to the custody of the department of social and health services, or to such other institution as is now, or may hereafter be authorized by law to receive such child, until such time as the child completes the ordered term of confinement or arrives at the age of twenty-one years.(i))) While in the custody of the department of social and health services, the ((child)) individual must have the same treatment, housing options, transfer, and access to program resources as any other ((child)) individual committed ((directly))directly to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW.

The ((youth)) individual shall only be transferred ((back))back to the custody of the department of corrections with the approval of the department of social and health services or when the ((child)) individual reaches the maximum age of ((twenty-one)) juvenile offender commitment by a juvenile court for the same offense provided under RCW 13.40.300.(((ii))) (b) If the ((child's)) individual's sentence includes a term of community custody, the department of social and health services ((shall not)) is required to consult the department of corrections prior to the individual's release ((the child)) to community custody ((until the department of corrections has approved the child's release plan)) pursuant to RCW 9.94A.729(5)(b).

c 6 s 728 are each amended to read as follows:(1) Whenever any child under the age of eighteen is convicted as an adult in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement, that child shall be ((initially)) placed in a facility operated by the department of ((corrections)) children, youth, and families to determine the child's earned release date.(a) ((If the earned release date is prior to the child's twenty-first birthday, the department of corrections shall transfer the child 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 child, until such time as the child completes the ordered term of confinement or arrives at the age of twenty-one years.(i))) While in the custody of the department of children, youth, and families, the ((child)) individual must have the same treatment, housing options, transfer, and access to program resources as any other ((child)) individual committed ((directly))directly to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW.

If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthdaybirthday; except under subsection (2) of this section in which case commitment may not extend beyond age twenty-five and one-half years;

If an order of disposition imposes commitment to the department, then jurisdiction is automatically extended to include a period of up to twelve months of parole, in no case extending beyond the offender's twenty-first birthdaybirthday; except under subsection (2) of this section in which case commitment may not extend beyond age twenty-five and one-half years;

or(d) While proceedings are pending in a case in which jurisdiction has been transferred to the adult criminal court pursuant to RCW 13.04.030, the juvenile turns eighteen years of age and is subsequently found not guilty of the charge for which he or she was transferred, or is convicted in the adult criminal court of a lesser included offense, and an automatic extension is necessary to impose the disposition as required by RCW 13.04.030(1)(e)(v)(E).(((2))) (4) If the juvenile court previously has extended jurisdiction beyond the juvenile offender's eighteenth birthday and that period of extension has not expired, the court may further extend jurisdiction by written order setting forth its reasons.(((3) In no event may)) (5) Except as provided in this section and for purposes of enforcing an order of restitution or penalty assessment, the juvenile court ((have authority to)) may not extend jurisdiction over any juvenile offender beyond the juvenile offender's twenty-first birthday ((except for the purpose of enforcing an order of restitution or penalty assessment)).(((4))) (6) 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 eighteen years of age or older.NEW SECTION.  Sec. 6.  The Washington state institute for public policy must assess the impact of this act on community safety, racial disproportionality, and youth rehabilitation and submit a report, in compliance with RCW 43.01.036, to the governor and the appropriate committees of the legislature by December 1, 2027.NEW SECTION.  Sec. 7.  This act applies to all individuals currentlyplaced in the custody or who will be inplaced, the custody of the juvenile rehabilitation division of the department of social and health services on or before the effective date of this sectionsection, in juvenile rehabilitation facilities following an adult court conviction.

It does not apply to individuals who were in the custody of the juvenile rehabilitation division of the department of social and health services and were transferred to the custody of the department of corrections before the effective date of this section.