SB 5737 — Concerning confinement in juvenile rehabilitation facilities.

S-2045.1SUBSTITUTES-1023.1SENATE SENATE BILL 5737State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators HumanDarneille, Services,Conway, Reentryand &NguyenRead Rehabilitationfirst (originallytime sponsored01/30/19.Referred byto SenatorsCommittee Darneille,on Conway,Human andServices, Nguyen)READReentry FIRST& TIMERehabilitation.AN 02/21/19.AN ACT Relating to confinement in juvenile rehabilitation facilities;

amending 2018 c 162 s 9 (uncodified);

addingcreating a new sectionsections; to chapter 9.94A RCW;

adding a new section to chapter 43.216 RCW;

creating a new section;

c 6 s 728 are each amended to read as follows:(1) Whenever any ((child((child))individual under the age of eighteen))personeighteen is convicted as an adult in the courts of this state of a ((crimecrime amounting to a))a felonyfelony, offense committed under the age of eighteen, and is committed for a term of confinement, that ((child))person((child))individual shall be initially placed in a facility operated by the department of ((corrections((corrections))children, to))children,youth, and families to determine the ((child's))individual's earned release date, and the department of corrections shall determine the 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.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.)) 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)) to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW.

TheTreatment, departmentplacement, ofand correctionsprogram shalldecisions determine the ((child's))person'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 agesole ofdiscretion twenty-one years.)) While in the custody of the department of children, youth, and families,families. the ((child))person must have the same treatment, housing options, transfer, and access to program resources as any other ((child))person committed ((directly)) to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW.

ExceptThe as((youth))individual providedshall underonly (d)be transferred ((back)) to the custody of thisthe subsection,department treatment,of placement,corrections with the approval of the department of children, youth, and programfamilies decisionsor shallwhen bethe at((child))individual reaches the solemaximum discretionage 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 children, youth, and families.families shall not release the ((child))individual to community custody until the department of corrections has approved the ((child's))individual's release plan pursuant to RCW 9.94A.729(5)(b).

TheIf ((youth))person((a shallchild))an ((only))notindividual beis transferredheld ((back))past tohis theor custodyher ofearned release date pending release plan approval, the department of correctionschildren, ((with))withoutyouth, and families shall retain custody until a plan is approved or the approval((child))individual completes the ordered term of confinement prior to the maximum age ((twenty-one))of juvenile offender commitment by a juvenile court for the same offense provided under RCW 13.40.300.(((iii)))(c) If the department of children, youth, and families ((ordetermines whenthat retaining custody of the child))until((child))individual presents a significant safety risk, the person((child))individual reachesmay be ((returned))transferred to the agecustody of ((twenty-one))twenty-five.(((ii)))(b)the department of corrections.(((b)))(d) If the ((child's))person's((child's))individual's sentenceearned includesrelease adate termis ofon communityor custody,after the department((child's twenty-first birthday))maximum age of children,juvenile youth,offender andcommitment familiesby shalla notjuvenile releasecourt for the ((child))personsame tooffense communityprovided custodyunder untilRCW 13.40.300, the department of corrections hasshall, approvedwith the ((child's))person'sconsent releaseof planthe pursuantsecretary toof RCWthe 9.94A.729(5)(b).department of children, youth, and families, ((transfer))retain the ((child to))individual in a facility or institution operated by the department of children, youth, and families.

IfDespite a ((child))person is held past his or her earned release date pending release plan approval, the departmenttransfer, of children, youth, and families shall retain custody until a plan is approved or the ((child))person completes the ordered term of confinement prior to age ((twenty-one))twenty-five.(((iii)))(c) If the department of children,corrections youth,retains andauthority familiesover determines that retaining custody ofdecisions the ((child))person in a facility of the department of children, youth, and familiesmust presentsapprove aany significantleave safetyfrom risk, the ((childfacility. may be returned))department of children, youth, and families may transfer the person to the custody of the department of corrections.(((b) If the child's earned release date is on or after the child's twenty-first birthday, the department of corrections shall, with the consent of the secretary of children, youth, and families, transfer the child to a facility or institution operated by the department of children, youth, and families.

DespiteWhen the transfer,))(d)((child Theturns departmentage oftwenty-one))individual correctionsreaches ((retains))mustthe retainmaximum authorityage overof custodyjuvenile decisionsoffender relatingcommitment toby a personjuvenile whosecourt earnedfor releasethe datesame isoffense onprovided orunder afterRCW the13.40.300, person'she twenty-fifthor birthdayshe andmust whobe istransferred placed((back)) into a facility operated by the department of children,corrections. youth, and families under this section, and must approve any leave from the facility.

WhenThe thedepartment ((child))personof turnschildren, ageyouth, ((twenty-one))twenty-five,and families has all routine and day-to-day operations authority for the ((child))individual while he or she is in its custody.(2)(a) Except as provided in (b) and (c) of this subsection, an offender under the age of eighteen who is ((convicted in adult criminal court and who is committed to a term of confinement at))transferred to the custody of the department of corrections must be transferredplaced ((back))in a housing unit, or a portion of a housing unit, that is separated from offenders eighteen years of age or older, until the offender reaches the age of eighteen.(b) An offender who is transferred to the custody of the department of corrections.corrections and reaches eighteen years of age may remain in a housing unit for offenders under the age of eighteen if the secretary of corrections determines that:

(i) The departmentoffender's ofneeds children, youth, and familiesthe has((correctional))rehabilitation allgoals routine and day-to-day operations authority for the ((child))personoffender whilecould thecontinue personto isbe inbetter itsmet custody.(2)(a)by Except as provided in (b) and (c) of this subsection, ((an offender))a person under the ageprograms of eighteen who is ((convicted in adult criminal court and who is committed to a term of confinement at))transferred to the custody of the department of corrections must be placed in a housing unit,environment or a portion of a housing unit, that is separatedseparate from ((offenders))otheroffenders persons in custody who are eighteen years of age or older, until the ((offender))person reaches the age of eighteen.(b) ((An offender))A person who is transferred to the custody of the department of corrections and reachesolder; eighteen years of age may remain in a housing unit for ((offenders))persons under the age of eighteen if the secretary of corrections determines that:

(i)and The(ii) ((offender's))person'sthe needsprograms andor thehousing ((correctional))rehabilitationenvironment goals for offenders under the ((offender))personage couldof continueeighteen towill not be bettersubstantially metaffected by the programscontinued andplacement housingof environmentthe thatoffender is separate from ((offenders))other persons in custodythat whoenvironment. are eighteen years of age and older;

andThe (ii)offender themay programsremain orplaced in a housing environmentunit for ((offenders))personsoffenders under the age of eighteen willuntil notsuch betime substantiallyas affectedthe secretary of corrections determines that the offender's needs and ((correctional)) goals are no longer better met in that environment but in no case past the ((offender's twenty-first birthday))maximum age of juvenile offender commitment by a juvenile court for the continuedsame placementoffense provided under RCW 13.40.300.(c) An offender transferred to the custody of the ((offender))persondepartment of corrections who is under the age of eighteen may be housed in thatan environment.intensive management unit or administrative segregation unit containing offenders eighteen years of age or older if it is necessary for the safety or security of the offender or staff.

TheIn ((offender))personthese maycases, remainthe placedoffender inmust abe housingkept unitphysically forseparate ((offenders))personsfrom underother theoffenders ageat ofall eighteentimes.(3) untilThe suchdepartment timeof aschildren, theyouth, secretaryand offamilies correctionsmust determinesreview that the ((offender's))person'splacement needsof andan ((correctional))individual goalsover areage notwenty-one longerwho betterwas metplaced in that environment but in no case past the ((offender's twenty-first))person's twenty-fifth birthday.(c) ((An offender))A person transferred to the custody of the department of correctionschildren, whoyouth, isand underfamilies thefollowing agean ofadult eighteencourt mayfelony beconviction housedfor in an intensiveoffense managementcommitted unitbefore orage administrative segregation unit containing offenders eighteen yearsto ofdetermine agewhether orthe olderindividual ifshould itbe istransferred necessaryto for the safetycustody or security of the offenderdepartment orof staff.corrections.

In these cases, the offender must be kept physically separate from other offenders at all times.(3) The department of children, youth, and families mustmay reviewdetermine the placementfrequency of athe personreview overrequired ageunder twenty-onethis insubsection, thebut custody of the departmentreview ofmust children,occur youth,at andleast familiesonce underbefore thisthe sectionindividual toturns determineage whethertwenty-three if the personindividual's shouldcommitment beperiod transferredin toa thejuvenile custodyinstitution ofextends thebeyond departmentage oftwenty-three.Sec. 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 age twenty-three.Sec.

RCW 13.40.300 and 2018 c 162 s 7 are each amended to read as follows:(1) Except as provided in subsection (2) of this section, a juvenile offender may not be committed by the juvenile court to the department of children, youth, and families for placement in a juvenile ((correctionalcorrectional institution))rehabilitationinstitution facility beyond the juvenile offender's twenty-first birthday.(2)(a) A juvenile offender ((convicted))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 twelve months pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile court to the department of children, youth, and families for placement in a juvenile ((correctionalcorrectional institution))rehabilitationinstitution facility up to the juvenile offender's twenty-fifth birthday, but not beyond.(b) A juvenile offender adjudicated of the following offenses may be committed by the juvenile court to the department of children, youth, and families for placement in a correctional institution up to the time the juvenile offender'soffender twenty-fifthis birthday,age twenty-five years old, but not beyond:(i) A serious violent offense as defined in RCW 9.94A.030;(ii) A violent offense as defined in RCW 9.94A.030 and the juvenile has a criminal history consisting of:

or(B) IfUnder an order of disposition imposes commitment to the department for a juvenile offender under subsection (2)(b) of this section, jurisdiction for parole is automatically extended to include a period of up to twenty-four months of parole, in nowhich case extendingcommitment beyondmay thenot offender'sextend twenty-fifthbeyond birthday;(d)age twenty-five;(d) While proceedings are pending in a case in which jurisdiction is vested in 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)(C)(II);

A new section is added to chapter 72.01 RCW to read as follows:(1) Any personindividual in the custody of the department of social and health services or the department of children, youth, and families on or before the effective date of this section, who was under the age of eighteen at the time of the commission of the offense and who was convicted as an adult, must remain in the custody of the department of children, youth, and families until transfer to the department of corrections or release pursuant to RCW 72.01.410.(2) Any personindividual in the custody of the department of corrections on the effective date of this section, who was under the age of eighteen at the time of the commission of the offense and who was convicted as an adult, and who has not yet reached the maximum age of twenty-five,juvenile offender commitment by a juvenile court for the same offense provided under RCW 13.40.300, is subject to the following provisions regarding placement:(a) Any personindividual with an earned release date prior to theage person'stwenty-five twenty-fifth birthday is eligible for transfer to the custody of the department of children, youth, and families beginning January 1, 2020, subject to the process established in subsection (3) of this section.(b) Any personindividual with an earned release date after the person turns age twenty-five is eligible for transfer to the custody of the department of children, youth, and families beginning January 1, 2020, subject to the process established in subsection (3) of this section.(3) By February 1, 2020, the department of corrections and the department of children, youth, and families must review and determine whether aan personindividual identified in subsection (2)(a) and (b) of this section should transfer from the department of corrections to the department of children, youth, and families through the following process:(a) No later than September 1, 2019, the department of corrections and the department of children, youth, and families shall establish, through a memorandum of understanding, a multidisciplinary interagency team to conduct a case-by-case review of the transfer of personsindividuals from the department of corrections to the department of children, youth, and families pursuant to subsection (2)(a) and (b) of this section.

The multidisciplinary interagency team must include a minimum of three representatives from the department of corrections and three representatives from the department of children, youth, and families, and must provide the personindividual whose transfer is being considered an opportunity to consent to the transfer.

In considering whether a transfer to the department of children, youth, and families is appropriate, the multidisciplinary interagency team may consider any relevant factors including, but not limited to:(i) The safety and security of the person,individual, staff, and other personsindividuals in the custody of the department of children, youth, and families;(ii) The person'sindividual's behavior and assessed risks and needs;(iii) Whether the department of children, youth, and families or the department of corrections' programs are better equipped to facilitate successful rehabilitation and reentry into the community;

and(iv) Any statements regarding the transfer made by the personindividual whose transfer is being considered.(b) After reviewing each proposed transfer, the multidisciplinary interagency team shall make a recommendation regarding the transfer to the secretaries of the department of children, youth, and families and the department of corrections.

This recommendation must be provided to the secretaries of each department by January 1, 2020.(c) The secretaries of the department of children, youth, and families and the department of corrections, or their designees, shall approve or deny the transfer within thirty days of receiving the recommendation of the multidisciplinary interagency team, and by no later than February 1, 2020.(4) This section expires July 1, 2021.Sec.2021.NEW SECTION.  Sec.

2018The c 162 s 9 (uncodified) is amended to read as follows:The Washington state institute for public policy must assess the impact of ((thisthis act))chapteract 162,on Lawscommunity ofsafety, 2018,racial disproportionality, and chapteryouth .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, 2024.--- END ---

., Laws of 2019 (this act) on community safety, racial disproportionality, recidivism, state expenditures, and youth rehabilitation, to the extent possible, and submit, in compliance with RCW 43.01.036, a preliminary report to the governor and the appropriate committees of the legislature by December 1, 2023, and a final report to the governor and the appropriate committees of the legislature by December 1, 2031.NEW SECTION.  Sec.

6.

A new section is added to chapter 9.94A RCW to read as follows:(1) For an offender who is required to transfer to a department of corrections facility upon the offender's twenty-fifth birthday under RCW 72.01.410, if the offender's earned release date will take place before the offender's twenty-sixth birthday, the offender's remaining term of confinement may be served in partial confinement as home detention, provided:(a) The offender has not been found by the United States attorney general to be subject to a deportation detainer or order and does not become subject to a deportation order during the period of the sentence;(b) The department in consultation with the department of children, youth, and families determines that such a placement is in the best interests of the offender;

and(c) The safeguards available are sufficient to protect community safety.(2) All offenders placed on home detention under subsection (1) of this section shall provide an approved residence and living arrangement prior to transfer to home detention.(3) While in the community on home detention, the department shall:(a) Require the offender to be placed on electronic home monitoring;

and(b) Assign a community corrections officer to monitor the offender's compliance with the conditions of partial confinement and programming requirements, if any.(4) The department has the authority to return any offender serving partial confinement under subsection (1) of this section to total confinement if the offender is not complying with sentence requirements.NEW SECTION.  Sec.

7.

A new section is added to chapter 43.216 RCW to read as follows:(1) The department has a duty to comply with RCW 28A.155.090 by assuring that persons in the custody of a juvenile institution who are enrolled in school and who are in need of a special education assessment receive a timely assessment as required by state and federal law.(2) In furtherance of this duty, the department must assure that any school district operating within one of its facilities that is providing instruction to a student who is in need of a special education assessment has made reasonable efforts to contact a person authorized to act as a parent in order to authorize the appropriate special education assessment.

If after reasonable efforts the need arises for assignment of a surrogate parent to authorize the special education assessment, such assignment of a surrogate parent must be accomplished within thirty days of the point at which the district or facility determines or reasonably should have determined that assignment of a surrogate is required.(3) The department shall review the educational records of all children receiving instruction within a juvenile rehabilitation facility for the purpose of establishing whether any children in its care are in need of special education assessments and ensure that they receive them.

The department shall report its findings to the appropriate committees of the legislature by October 1, 2019.--- END ---