BP BHEAD INT S

AN ACT Relating to juvenile structured transition services; amending RCW 13.40.040; and adding a new section to chapter 13.40 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 13.40 RCW to read as follows:

(1) The legislature finds that juvenile offenders committed to the department benefit from a period of community custody prior to full release from commitment. The legislature further finds public safety is enhanced and youth rehabilitation is accelerated during community custody by the provisions of structured transition services and supervision. Therefore, a juvenile serving a term of confinement under the supervision of the department may be transferred to a structured transition program in the community under specific conditions intended to safeguard the public and accelerate the rehabilitation of the juvenile offender.

(2) A juvenile serving a term of confinement under the supervision of the department may, under specific conditions, be transferred from physical custody after serving seventy-two percent of the minimum term of confinement, if the secretary determines the juvenile will benefit from structured transition offered within the community and is eligible to participate based on a youth classification instrument. A juvenile pursuant to a written structured transition contract may be required to: (a) Reside at a specific address and be present at that address during specified hours; (b) submit to electronic monitoring, tracker services, or both; (c) participate in training, education, and employment programs; (d) undergo treatment services; (e) report as directed to an assigned community case manager; (f) refrain from further offenses; and (g) meet other requirements imposed by the community case manager related to transition services.

(3) Prior to transfer to structured transition status, the secretary shall give notice of the transfer to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside. The notice shall include the identity of the juvenile, the time period, the residence of the juvenile, and the identity of the person responsible for supervising the juvenile in the residence.

(4) All juveniles eligible to participate in structured transition are subject to the requirements set forth in RCW 9A.44.130 and 13.40.215.

(5) A juvenile who violates a condition of structured transition may be taken into custody and transferred to a more secure facility in the same manner as an adult in identical circumstances.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform the functions under this section.

Sec. 2. RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

(1) A juvenile may be taken into custody:

(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

(d) Without a court order, where the secretary or the secretary's designee has suspended the parole ((~~of a juvenile offender~~)) or terminated the juvenile offender's involvement in the structured transition program.

(2) A juvenile may not be held in detention unless there is probable cause to believe that:

(a) The juvenile has committed an offense or has violated the terms of a disposition order; and

(i) The juvenile will likely fail to appear for further proceedings; or

(ii) Detention is required to protect the juvenile from himself or herself; or

(iii) The juvenile is a threat to community safety; or

(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

(v) The juvenile has committed a crime while another case was pending; or

(b) The juvenile is a fugitive from justice; or

(d) The juvenile is a material witness.

(3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

(4) A juvenile detained under this section may be released upon posting bond set by the court. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.