BP BHEAD INT S [atlas:bill]

AN ACT Relating to standards for juvenile detention facilities; amending RCW 13.04.037 and 13.06.050; 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:

Sec. 1. RCW 13.04.037 and 1977 ex.s. c 291 s 7 are each amended to read as follows:

The ((~~administrator~~)) county commissioners shall ((after consultation with the state planning agency established under Title II of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5611 et seq.) following a public hearing, and after approval of the body responsible for administering the juvenile court, and no later than one hundred eighty days after the effective date of chapter 291, Laws of 1977 ex. sess.,)) adopt standards, pursuant to mandatory and discretionary standards developed by the governor's juvenile justice advisory committee in consultation with the juvenile court administrators and county commissioners, for the regulation ((~~and government~~)) of detention facilities for juveniles. ((~~Such standards may be revised from time to time, according to the procedure outlined in this section.~~)) County commissioners shall adopt standards no later than ninety days after the governor's juvenile justice advisory committee adopts recommended standards. Counties shall amend within one year the operation of detention facilities in accordance with these standards of operation. Each detention facility shall keep a copy of ((~~such~~)) the standards and latest inspection report available for inspection at all times. ((~~Such standards shall be reviewed and the~~)) The governor's juvenile justice advisory committee shall review the standards annually. The detention facilities shall be inspected annually by the ((~~administrator~~)) governor's juvenile justice advisory committee.

The governor's juvenile justice advisory committee is the state planning agency established under Title II of the federal juvenile justice and delinquency prevention act of 1974 (P.L. No. 93-415; 42 U.S.C. 5611 et seq.).

Sec. 2. RCW 13.06.050 and 1993 c 415 s 7 are each amended to read as follows:

No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place, approved by the governor's juvenile justice advisory committee, that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.

(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services.

(2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

(3) The secretary, in conjunction with the human rights commission, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1, 1994, and December 1 of each year thereafter.

NEW SECTION. Sec. 3. A new section is added to chapter 13.40 RCW to read as follows:

(1) The governor's juvenile justice advisory committee shall have central oversight over all juvenile detention facilities. The committee shall routinely review, audit, and inspect all juvenile facilities operated by counties to ensure that detention facilities are in compliance with the governor's juvenile justice advisory committee's established standards.

(2) By December 31, 1998, the governor's juvenile justice advisory committee shall develop standards of operation for juvenile detention facilities. On the basis of an initial inspection, the governor's juvenile justice advisory committee shall determine the current level of compliance with these standards.

(3) The governor's juvenile justice advisory committee shall report to the governor and the legislature annually on the conditions in juvenile detention facilities.

NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1998, in the omnibus appropriations act, this act is null and void.