CHILDREN, YOUTH, AND FAMILIES

[Filed October 7, 2019, 9:20 a.m.]

Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).

Title of Rule and Other Identifying Information: Juvenile rehabilitation (JR), WAC 110-730-0050 Institutional minimum and 110-730-0060 Minimum security.

Hearing Location(s): On December 3, 2019, at 1:30 p.m., at Conference Room 3, Office Building 2, Service Level, 1115 Washington Street S.E., Olympia, WA.

Date of Intended Adoption: December 5, 2019.

Submit Written Comments to: The department of children, youth, and families (DCYF) Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://www.dcyf.wa.gov/practice/policy-laws-rules/rule-making/participate/online, by December 5, 2019.

Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7956, fax 360-902-7903, email dcyf.rulescoordinator@dcyf.wa.gov, by November 27, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: JR under DCYF operates eight community facilities to provide group and educational programming for minimum security juvenile offenders who have transferred after serving time in a JR institution. Prior to July 28, 2019, these facilities allowed juveniles to have approved leave for up to twelve hours per day to attend school or participate in approved work, educational, community restitution, or treatment programs.

Section 1 of SSB 5815 (concerning individuals placed in minimum security status by DCYF) amended RCW 13.40.205(10) to allow JR to increase the number of hours per day that these individuals may be in the community from twelve to up to sixteen hours a day if operated within existing appropriations. WAC 110-730-0050 (3)(b)(iii) Institutional minimum and 110-730-0060(3) Minimum security, both currently include references to up to twelve hours per day, which will need to be changed to sixteen hours. As the statutory language requires that this increase is to be operated within existing appropriations, given current budget constraints, it is not anticipated that the increase will produce a substantial change in the number of hours that individuals in community facilities will be approved for leave, but will allow for greater flexibility in individual cases. Technical corrections are made to update program title and WAC references following the transfer of JR from the department of social and health services to DCYF and the decodification of chapter 388-170 WAC and its recodification to Title 110 WAC.

Reasons Supporting Proposal: As noted above, this proposal is intended to implement Section 1 of SSB 5815 to allow JR to increase the number of hours per day that individuals in community facilities may be in the community from twelve to up to sixteen hours per day.

Statutory Authority for Adoption: Section 1 of SSB 5815, codified as chapter 468, Laws of 2019 (effective July 28, 2019); chapters 43.216, 34.05 RCW.

Statute Being Implemented: Section 1 of SSB 5815, codified as chapter 468, Laws of 2019 (effective July 28, 2019).

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This proposed rule making, which implements Section 1 of SSB 5815, will be heard concurrently with the proposed rule making to implement Section 2 of SSB 5815. An emergency rule filing (CR-103E) for section 2 was filed on July 26, 2019, as WSR 19-16-023, and a preproposal (CR-101) for section 2 was filed on the same date as WSR 19-16-024.

Name of Proponent: DCYF, governmental.

Name of Agency Personnel Responsible for Drafting: Mark Rosen, 1115 Washington Street S.E., P.O. Box 45720, Olympia, WA 98504, 360-902-7504; Implementation: Daniel Schaub, 1115 Washington Street S.E., P.O. Box 45720, Olympia, WA 98504, 360-902-7752; and Enforcement: Kathleen Harvey, 1115 Washington Street S.E., P.O. Box 45720, Olympia, WA 98504, 360-902-8086.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. DCYF is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). DCYF does not voluntarily make that section applicable to the adoption of the proposed rules.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0050Institutional minimum.

(1) An institutional minimum classification must be assigned to a juvenile if:

(a) Indicated by the initial security classification assessment;

(b) Indicated by the community placement eligibility requirements unless a recent incident indicates the juvenile no longer meets these requirements; or

(2) Even if eligible under subsection (1) of this section, a juvenile must not receive an institutional minimum security classification if:

(a) The assistant secretary for ((JRA))JR, or designee, signs an administrative override disapproving institutional minimum classification and assigning the juvenile a higher security classification; or

(b) The juvenile is a sex offender who meets the requirements for civil commitment referral under chapter 71.09 RCW or is classified as a risk level III under RCW 13.40.217.

(3) A juvenile classified as institutional minimum security:

(a) Must reside in an institution with the capability of at least:

(i) Lockable exterior doors or fire exit doors fitted with alarms; and

(ii) A security fence or windows without egress.

(b) May be permitted:

(i) Unescorted movement on facility grounds;

(ii) Participation in work crews or other programs outside the facility with a close staff escort;

(iii) Unescorted participation in community work, educational and community service programs, and family treatment or other activities to strengthen family ties, for up to ((twelve))sixteen hours per day; and

(iv) Authorized leave pursuant to RCW 13.40.205.

(4) A juvenile on institutional minimum security must be transferred to minimum security upon the availability of an appropriate community placement if:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.

AMENDATORY SECTION(Amending WSR 19-14-079, filed 7/1/19, effective 7/1/19)

WAC 110-730-0060Minimum security.

(1) The provisions of WAC ((388-730-0050))110-730-0050 also apply to a juvenile classified as minimum security, except the juvenile must reside in a community facility, residential treatment and care program, or a community commitment program facility (CCP) rather than in an institution.

(2) Juveniles must not be placed in a community facility or residential treatment and care program until:

(a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

(b) All placement assessment requirements have been met.

(3) In addition to the provisions of WAC ((388-730-0050))110-730-0050 (3)(b)(iii), minimum security juveniles may be permitted unescorted participation in treatment programs in the community that do not involve the family for up to ((twelve))sixteen hours per day.