BP BHEAD INT H

AN ACT Relating to parole of juvenile offenders; amending RCW 13.40.210; and prescribing penalties.

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

Sec. 1. RCW 13.40.210 and 1994 sp.s. c 7 s 527 are each amended to read as follows:

(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter. Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

(3) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no less than twelve months and no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and ((~~may~~)) shall require the juvenile to: (a) Undergo available medical or psychiatric treatment, inpatient or outpatient substance abuse treatment, inpatient or outpatient mental health treatment, anger management counseling, or other counseling or treatment; (b) report as directed to a parole officer; (c) attend school or other educational programs appropriate for the juvenile as determined by the school district, or pursue a course of study or vocational training or employment; ((~~and~~)) (d) remain within prescribed geographical boundaries and ((~~notify the department of any change in his or her address~~)) reside at a specified location approved in advance by the parole officer; (e) have no alcohol or other substance use and submit to random urinalysis tests or blood tests or similar tests at the request of the supervising parole officer; (f) refrain from associating with individuals who have criminal histories or who are codefendants to the offenses for which the juvenile was committed to the department; and (g) submit to physical searches at the request of a parole officer or other law enforcement officer, who shall be of the same gender as the juvenile. The secretary may impose any or all of the above requirements as conditions of parole.

(4)(a) Upon the juvenile's release from residential custody, the juvenile shall serve an initial intensive monitoring period, which shall include electronic home monitoring for not less than thirty days and not more than ninety days.

(b) The initial intensive monitoring period described in (a) of this subsection shall be followed by an additional period of home monitoring for not less than thirty days and not more than one hundred eighty days. This period of home monitoring shall include:

(i) A curfew, including a designation of hours during which the juvenile must remain at home, work, school, or court-ordered treatment programs; and

(ii) Prohibitions on leaving or entering designated geographical areas. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

((~~(4)~~)) (5)(a) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days per violation in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement in an institution for a portion or the remainder of the sentence range ((if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030)). If the juvenile is returned to confinement for a portion or the remainder of the disposition range, another period of parole shall be imposed upon the juvenile after his or her release from department residential custody.

(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

((~~(5)~~)) (6) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

((~~(6)~~)) (7) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through ((~~(5)~~)) (6) of this section.