AN ACT Relating to
children offenders; amending RCW 72.01.410 and 13.40.040; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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.
