HOUSE BILL 2380





                        57th Legislature

                      2002 Regular Session


Passed by the House March 13, 2002

  Yeas 97   Nays 0




Speaker of the House of Representatives







Passed by the Senate March 13, 2002

  Yeas 48   Nays 0



I, Cynthia Zehnder, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2380  as passed by the House of Representatives and the Senate on the dates hereon set forth.




                          Chief Clerk






President of the Senate




Approved Place Style On Codes above, and Style Off Codes below.               




Governor of the State of Washington

                   Secretary of State

                  State of Washington



                          HOUSE BILL 2380



                     AS AMENDED BY THE SENATE


             Passed Legislature - 2002 Regular Session


State of Washington      57th Legislature     2002 Regular Session


By Representatives Dickerson, Eickmeyer, O'Brien, Kenney, Rockefeller, Ruderman, Kagi, Darneille, Tokuda, Chase, Lovick and Haigh


Read first time 01/16/2002.  Referred to Committee on Juvenile Justice & Family Law.

Changing provisions relating to children offenders. 

    AN ACT Relating to children offenders; amending RCW 72.01.410 and 13.40.040; and declaring an emergency.




    Sec. 1.  RCW 72.01.410 and 1997 c 338 s 41 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 (b) and (c) of this subsection, 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 who reaches eighteen years of age may remain in a housing unit for offenders under the age of eighteen if the secretary of corrections determines that:  (i) The offender's needs and the correctional goals for the offender could continue to be better met by the programs and housing environment that is separate from offenders eighteen years of age and older; and (ii) the programs or housing environment for offenders under the age of eighteen will not be substantially affected by the continued placement of the offender in that environment.  The offender may remain placed in a housing unit for offenders under the age of eighteen until such time as the secretary of corrections determines that the offender's needs and correctional goals are no longer better met in that environment but in no case past the offender's twenty-first birthday.

    (c) 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.


    Sec. 2.  RCW 13.40.040 and 1999 c 167 s 2 are each amended to read as follows:

    (1) A juvenile may be taken into custody:

    (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

    (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances.  Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

    (c) Pursuant to a court order that the juvenile be held as a material witness; or

    (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.

    (2) A juvenile may not be held in detention unless there is probable cause to believe that:

    (a) The juvenile has committed an offense or has violated the terms of a disposition order; and

    (i) The juvenile will likely fail to appear for further proceedings; or

    (ii) Detention is required to protect the juvenile from himself or herself; or

    (iii) The juvenile is a threat to community safety; or

    (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

    (v) The juvenile has committed a crime while another case was pending; or

    (b) The juvenile is a fugitive from justice; or

    (c) The juvenile's parole has been suspended or modified; or

    (d) The juvenile is a material witness.

    (3) Notwithstanding subsection (2) of this section, and within available funds, a juvenile who has been found guilty of one of the following offenses shall be detained pending disposition:  Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW 9A.44.073).

    (4) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

    (((4))) (5) Except as provided in RCW 9.41.280, a juvenile detained under this section may be released upon posting a probation bond set by the court.  The juvenile's parent or guardian may sign for the probation bond.  A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance.  The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed.  In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release.  The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond.  If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety.  As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance.  A juvenile may be released only to a responsible adult or the department of social and health services.  Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.


    NEW SECTION.  Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.


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