BILL REQ. #:  H-3876.1 



_____________________________________________ 

HOUSE BILL 2732
_____________________________________________
State of Washington62nd Legislature2012 Regular Session

By Representative Takko

Read first time 01/27/12.   Referred to Committee on Early Learning & Human Services.



     AN ACT Relating to creating a sentence for treatment program for juvenile offenders; reenacting and amending RCW 13.40.0357; adding a new section to chapter 13.40 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The continuum of care for the juvenile rehabilitation administration has been stretched to the limit since the closure of Indian Ridge youth camp in 1999 and Mission Creek youth camp in 2001.
     (2) Closing the last remaining medium security, step-down facility in the department would seriously impede capacity to deliver effective rehabilitative services.
     (3) In a period of fiscal restraint, understandable consideration has been made to achieve savings by closing a medium security institution and consolidating the population in the bed space of remaining close security facilities. Further shrinking of the institutional continuum would require mixing incompatible subpopulations, resulting in genuine safety and security risks.
     (4) Furthermore, it would not be in the interest of the state to place youth who are appropriate for youth camp placement in an unnecessarily restrictive setting, such as an institution.
     (5) Unless the services and environment in a close security facility support and match the developmental, treatment, and security needs of the young people currently being served in a medium security facility, there is genuine potential some will be harmed rather than helped.
     (6) The legislature hereby recognizes and concurs with the findings of the juvenile rehabilitation administration strategic plan: 2009-2013, "It would serve nobody's best interests to place youth who are appropriate for youth camp placement in an unnecessarily restrictive setting like an institution. A "bed" is not just a bed. It is a facility placement for a young person. Unless the services and environment in a facility support and match the developmental, treatment, and security needs of the young people being served, there is genuine potential some will be harmed rather than helped..."
     (7) The legislature also recognizes that, "It is mission critical that JRA retain a continuum of care capable of responding to the complicated developmental, management, and treatment needs of this population."

NEW SECTION.  Sec. 2   A new section is added to chapter 13.40 RCW to read as follows:
     (1) The department shall maintain a medium security youth camp to fulfill the department's obligation to provide education, treatment, and job training to juvenile offenders in the least restrictive continuum of care. Juvenile offenders sentenced for treatment shall be placed in a medium security youth camp which offers education; treatment options to include sex offender, aggression reduction, and intensive inpatient chemical dependency programs; job training; and community-based work experience. This program for juvenile offenders serving a term of confinement under the supervision of the department is exempt from the licensing requirements of chapter 74.15 RCW.
     (2) The medium security youth camp for juvenile offenders shall be a structured and regimented model emphasizing the building up of an offender's self-esteem, confidence, and discipline. The sentence for treatment program shall provide participants with basic education, vocational training, work-based learning, work experience, work ethic skills, conflict resolution counseling, substance abuse intervention as assessed, including intensive inpatient chemical dependency treatment, anger management counseling, and victim awareness.
     (3) The department shall develop standards for the safe and effective operation of the sentence for treatment program, for successful program completion by the offender, and for the continued aftercare supervision of offenders who have successfully completed the program, including assistance with housing and job placement if needed.
     (4) Admission to the sentence for treatment program is voluntary. If the court determines that the offender is eligible for the sentence for treatment program, the court shall order the department to place the offender directly in the medium security youth camp where the department shall evaluate the offender and provide the court with recommended educational attainment, treatment, and length and type of work experience needed by the offender. Length of satisfactory work experience established by the court shall not exceed the length of time needed to complete educational attainment and treatment minus the time needed for assessment, orientation, and time off from work needed to meet treatment requirements. Time accrued as unsatisfactory work performance shall extend the sentence for treatment an equal number of days. No juvenile who is assessed as a high risk offender or suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be retained in the sentence for treatment program.
     (5) If the activities of the juvenile offender while in the juvenile offender youth camp are so disruptive to the sentence for treatment program, as determined by the secretary according to standards developed by the department, which results in the removal of the juvenile offender from the youth camp, or if the offender cannot complete the sentence for treatment program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the sentence for treatment program.
     (6) All offenders who successfully complete the sentence for treatment program shall spend the remainder of his or her disposition on parole in a juvenile rehabilitation administration intensive aftercare program in the local community. Violations of the conditions of parole are subject to sanctions specified in RCW 13.40.210. The aftercare program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the aftercare program shall develop a process for closely monitoring and assessing public safety risks, and be designed and funded by the department.
     (7) The department shall also develop and maintain a database to measure recidivism rates specific to the sentence for treatment program. The database shall maintain data on all juvenile offenders who complete the sentence for treatment program for a period of two years following the completion of the program. The database shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offender programs. Data by facility and program shall be updated every six months and available to the public by means of the internet.
     (8) For the purposes of this section:
     (a) "Medium security youth camp" or "youth camp" means a medium security forestry camp that accepts juvenile offenders of a minimum or medium security risk.
     (b) "Sentence for treatment" means an alternative sentencing option offered at the discretion of the court which carries a comprehensive mandate of certain educational attainment, successful completion of substance abuse, chemical dependency or sex offender treatment, and/or vocational experience for a particular juvenile offender. Upon successful completion of the specified treatment or attainment of the prescribed educational or vocational achievement, the extent of the standard disposition remaining is served by the offender on an intensive supervision program administered by the administration.

Sec. 3   RCW 13.40.0357 and 2008 c 230 s 3 and 2008 c 158 s 1 are each reenacted and amended to read as follows:
     

DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
DISPOSITION
OFFENSE
CATEGORY
DESCRIPTION (RCW CITATION)JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
. . . . . . . . . . . .
 Arson and Malicious Mischief
AArson 1 (9A.48.020)B+
BArson 2 (9A.48.030)C
CReckless Burning 1 (9A.48.040)D
DReckless Burning 2 (9A.48.050)E
BMalicious Mischief 1 (9A.48.070)C
CMalicious Mischief 2 (9A.48.080)D
DMalicious Mischief 3 (9A.48.090(2) (a) and (c))E
EMalicious Mischief 3 (9A.48.090(2)(b))E
ETampering with Fire Alarm Apparatus (9.40.100)E
ETampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)E
APossession of Incendiary Device (9.40.120)
B+
Assault and Other Crimes Involving Physical Harm 
AAssault 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.36.045)C+
D+Reckless Endangerment (9A.36.050)E
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)C+
BResidential Burglary (9A.52.025)C
BBurglary 2 (9A.52.030)C
DBurglary Tools (Possession of) (9A.52.060)E
DCriminal Trespass 1 (9A.52.070)E
ECriminal Trespass 2 (9A.52.080)E
CMineral Trespass (78.44.330)C
CVehicle Prowling 1 (9A.52.095)D
DVehicle Prowling 2 (9A.52.100)E
Drugs 
EPossession/Consumption of Alcohol (66.44.270)E
CIllegally Obtaining Legend Drug (69.41.020)D
C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))D+
EPossession of Legend Drug (69.41.030(2)(b))E
B+Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))B+
CViolation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))C
EPossession of Marihuana <40 grams (69.50.4014)E
CFraudulently Obtaining Controlled Substance (69.50.403)C
C+Sale of Controlled Substance for Profit (69.50.410)C+
EUnlawful Inhalation (9.47A.020)E
BViolation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))B
CViolation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)C
CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
Firearms and Weapons 
BTheft of Firearm (9A.56.300)C
BPossession of Stolen Firearm (9A.56.310)C
ECarrying Loaded Pistol Without Permit (9.41.050)E
CPossession of Firearms by Minor (<18) (9.41.040(2)(a)(iii))C
D+Possession of Dangerous Weapon (9.41.250)E
DIntimidating Another Person by use of Weapon (9.41.270)
E
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 (46.61.520)C+
Kidnapping 
AKidnap 1 (9A.40.020)B+
B+Kidnap 2 (9A.40.030)C+
C+Unlawful Imprisonment (9A.40.040)
D+
Obstructing Governmental Operation 
DObstructing a Law Enforcement Officer (9A.76.020)E
EResisting Arrest (9A.76.040)E
BIntroducing Contraband 1 (9A.76.140)C
CIntroducing Contraband 2 (9A.76.150)D
EIntroducing Contraband 3 (9A.76.160)E
B+Intimidating a Public Servant (9A.76.180)C+
B+Intimidating a Witness (9A.72.110)
C+
Public Disturbance 
C+Riot with Weapon (9A.84.010(2)(b))D+
D+Riot Without Weapon (9A.84.010(2)(a))E
EFailure to Disperse (9A.84.020)E
EDisorderly Conduct (9A.84.030)E
Sex Crimes 
ARape 1 (9A.44.040)B+
A-Rape 2 (9A.44.050)B+
C+Rape 3 (9A.44.060)D+
A-Rape of a Child 1 (9A.44.073)B+
B+Rape of a Child 2 (9A.44.076)C+
BIncest 1 (9A.64.020(1))C
CIncest 2 (9A.64.020(2))D
D+Indecent Exposure (Victim <14) (9A.88.010)E
EIndecent Exposure (Victim 14 or over) (9A.88.010)E
B+Promoting Prostitution 1 (9A.88.070)C+
C+Promoting Prostitution 2 (9A.88.080)D+
EO & A (Prostitution) (9A.88.030)E
B+Indecent Liberties (9A.44.100)C+
A-Child Molestation 1 (9A.44.083)B+
BChild Molestation 2 (9A.44.086)C+
CFailure to Register as a Sex Offender (9A.44.130)
D
Theft, Robbery, Extortion, and Forgery 
BTheft 1 (9A.56.030)C
CTheft 2 (9A.56.040)D
DTheft 3 (9A.56.050)E
BTheft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)C
CForgery (9A.60.020)D
ARobbery 1 (9A.56.200)B+
B+Robbery 2 (9A.56.210)C+
B+Extortion 1 (9A.56.120)C+
C+Extortion 2 (9A.56.130)D+
CIdentity Theft 1 (9.35.020(2))D
DIdentity Theft 2 (9.35.020(3))E
DImproperly Obtaining Financial Information (9.35.010)E
BPossession of a Stolen Vehicle (9A.56.068)C
BPossession of Stolen Property 1 (9A.56.150)C
CPossession of Stolen Property 2 (9A.56.160)D
DPossession of Stolen Property 3 (9A.56.170)E
BTaking Motor Vehicle Without Permission 1 (9A.56.070)C
CTaking Motor Vehicle Without Permission 2 (9A.56.075)D
BTheft of a Motor Vehicle (9A.56.065)C
Motor Vehicle Related Crimes 
EDriving Without a License (46.20.005)E
B+Hit and Run - Death (46.52.020(4)(a))C+
CHit and Run - Injury (46.52.020(4)(b))D
DHit and Run-Attended (46.52.020(5))E
EHit and Run-Unattended (46.52.010)E
CVehicular Assault (46.61.522)D
CAttempting to Elude Pursuing Police Vehicle (46.61.024)D
EReckless Driving (46.61.500)E
DDriving While Under the Influence (46.61.502 and 46.61.504)E
B+Felony Driving While Under the Influence (46.61.502(6))B
B+Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
Other 
BAnimal Cruelty 1 (16.52.205)C
BBomb Threat (9.61.160)C
CEscape 11 (9A.76.110)C
CEscape 21 (9A.76.120)C
DEscape 3 (9A.76.130)E
EObscene, Harassing, Etc., Phone Calls (9.61.230)E
AOther Offense Equivalent to an Adult Class A FelonyB+
BOther Offense Equivalent to an Adult Class B FelonyC
COther Offense Equivalent to an Adult Class C FelonyD
DOther Offense Equivalent to an Adult Gross MisdemeanorE
EOther Offense Equivalent to an Adult MisdemeanorE
VViolation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V


1Escape 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 - 4 weeks 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

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.


                    JUVENILE SENTENCING STANDARDS


This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, D, E, or RCW 13.40.167.

 OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE

 

A+

180 WEEKS TO AGE 21 YEARS
  
  
A103 WEEKS TO 129 WEEKS
    
     
A-15-36 52-65 80-100 103-129
WEEKS WEEKS WEEKS WEEKS
EXCEPT   
30-40   
WEEKS FOR   
15-17   
YEAR OLDS
      
 
CurrentB+15-36  52-65 80-100 103-129
OffenseWEEKS  WEEKS WEEKS WEEKS
Category 
BLOCAL   52-65
SANCTIONS (LS) 15-36 WEEKS  WEEKS
 
C+LS   
  15-36 WEEKS
 
  
CLS   15-36 WEEKS
Local Sanctions: 
0 to 30 Days
D+LS0 to 12 Months Community Supervision
0 to 150 Hours Community Restitution
DLS$0 to $500 Fine
 
ELS 

01234
or more
PRIOR ADJUDICATIONS


NOTE: References in the grid to days or weeks mean periods of confinement.
     (1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
     (2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
     (3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
     (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
     (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.


          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-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; and
     (b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
     (2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
     (3) An offender is ineligible for the suspended disposition option under this section if the offender is:
     (a) Adjudicated of an A+ offense;
     (b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:
     (i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
     (ii) Manslaughter in the first degree (RCW 9A.32.060); or
     (iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401 (2)(a) and (b)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
     (c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
     (d) Adjudicated of a sex offense as defined in RCW 9.94A.030.


          OR



          OPTION C
          CHEMICAL DEPENDENCY 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 an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.


          OR



          OPTION D
          MANIFEST INJUSTICE


If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).


          OR



          OPTION E
          SENTENCE FOR TREATMENT


If the juvenile offender is subject to a disposition of more than 15 weeks and is not deemed to require confinement in a close security facility by the department, the court may impose a sentence for treatment as established in section 2 of this act.

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