3SHB 3900 - H AMD 293 ADOPTED 3-17-97

By Representative Sheahan

On page 102, after line 21, insert the following:

"Sec. 36. RCW 72.01.410 and 1994 c 220 s 1 are each amended to read as follows:

(1) Whenever any child under the age of eighteen is convicted in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement in a correctional institution wherein adults are confined, the secretary of corrections, after making an independent assessment and evaluation of the child and determining that the needs and correctional goals for the child could better be met by the programs and housing environment provided by the juvenile correctional institution, with the consent of the secretary of social and health services, may transfer such child to a juvenile correctional institution, 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 arrives at the age of twenty-one years, whereupon the child shall be returned to the institution of original commitment. Retention within a juvenile detention facility or return to an adult correctional facility shall regularly be reviewed by the secretary of corrections and the secretary of social and health services with a determination made based on the level of maturity and sophistication of the individual, the behavior and progress while within the juvenile detention facility, security needs, and the program/treatment alternatives which would best prepare the individual for a successful return to the community. Notice of such transfers shall be given to the clerk of the committing court and the parents, guardian, or next of kin of such child, if known. (2)(a) Except as provided in subsection (2)(b) of this section, an offender under the age of eighteen who is convicted in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed 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 under the age of eighteen may be housed in an 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. In these cases, the offender shall be kept physically separate from other offenders at all times.

NEW SECTION. Sec. 37. A new section is added to chapter 72.01 RCW to read as follows:

An offender under the age of eighteen who is convicted in adult criminal court of a crime and who is committed for a term of confinement in a jail as defined in RCW 70.48.020, must be housed in a jail cell that does not contain adult offenders, until the offender reaches the age of eighteen."

Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.

EFFECT: An offender under the age of 18 who is sentenced to prison must be placed in a housing unit, or a portion of a housing unit, separated from adult inmates. An offender under the age of eighteen may be housed in an intensive management unit or administrative segregation unit if necessary for the safety or security of the offender or the staff. An offender under the age of eighteen who is sentenced to jail must be placed in a jail cell that does not contain adult offenders.