Z 0561

Z‑0561.2 _____________________________________________

SENATE BILL 5544

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senators Thibaudeau, Rasmussen, Regala, Costa and Winsley; by request of Governor Locke and Superintendent of Public Instruction

Read first time 01/25/2001. Referred to Committee on Education.

_1 AN ACT Relating to detention of minors who commit felonies on

_2 school facilities; adding a new section to chapter 9.61 RCW;

_3 adding a new section to chapter 9A.36 RCW; and adding a new

_4 section to chapter 9A.46 RCW.

_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6 NEW SECTION. Sec. 1. A new section is added to chapter 9.61 RCW

_7 to read as follows:

_8 Upon the arrest of a person at least twelve years of age and

_9 not more than twenty-one years of age for violating RCW 9.61.160

10 relating to threats to bomb or injure property, on public or

11 private elementary or secondary school premises, school provided

12 transportation, or areas of facilities while being used

13 exclusively by public or private schools, the person shall be

14 detained or confined in a juvenile or adult facility for up to

15 seventy-two hours. The person shall not be released within the

16 seventy-two hours until after the person has been examined and

17 evaluated by the county-designated mental health professional

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_1 unless the court in its discretion releases the person sooner

_2 after a determination regarding probable cause or on probation

_3 bond or bail.

_4 Within twenty-four hours of the arrest, the arresting law

_5 enforcement agency shall refer the person to the county-designated

_6 mental health professional for examination and evaluation under

_7 chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

_8 person of the arrest, detention, and examination. The county-

_9 designated mental health professional shall examine and evaluate

10 the person subject to the provisions of chapter 71.05 or 71.34 RCW

11 within twenty-four hours of receiving the referral. The examination

12 shall occur at the facility in which the person is detained or

13 confined. If the person has been released on probation, bond, or

14 bail, the examination shall occur wherever is appropriate.

15 The county-designated mental health professional may, when

16 appropriate, determine whether to refer the person to the county-

17 designated chemical dependency specialist for examination and

18 evaluation in accordance with chapter 70.96A RCW. When a referral

19 is made by the county-designated mental health professional, the

20 county-designated chemical dependency specialist shall examine the

21 person subject to the provisions of chapter 70.96A RCW within

22 twenty-four hours of receiving the referral. The examination shall

23 occur at the facility in which the person is detained or

24 confined. If the person has been released on probation, bond, or

25 bail, the examination shall occur wherever is appropriate.

26 Upon completion of any examination by the county-designated

27 mental health professional or the county-designated chemical

28 dependency specialist, the results of the examination shall be

29 sent to the court with jurisdiction and school, and the court

30 shall consider those results in making any determination about the

31 person.

32 The county-designated mental health professional and county-

33 designated chemical dependency specialist shall, to the extent

34 permitted by law, notify a parent or guardian of the person that

35 an examination and evaluation has taken place and the results of

36 the examination. Nothing in this section prohibits the delivery of

37 additional, appropriate mental health examinations to the person

38 while the person is detained or confined.

SB 5544 p. 2

_1 If the county-designated mental health professional determines

_2 it is appropriate, the county-designated mental health

_3 professional may refer the person to the local regional support

_4 network for follow-up services or the department of social and

_5 health services or other community providers for other services to

_6 the family and individual.

_7 NEW SECTION. Sec. 2. A new section is added to chapter 9A.36

_8 RCW to read as follows:

_9 Upon the arrest of a person at least twelve years of age and

10 not more than twenty-one years of age for violating RCW 9A.36.011

11 relating to assault in the first degree, RCW 9A.36.021 relating to

12 assault in the second degree, RCW 9A.36.031 relating to assault in

13 the third degree, or RCW 9A.36.080 relating to malicious

14 harassment, on public or private elementary or secondary school

15 premises, school provided transportation, or areas of facilities

16 while being used exclusively by public or private schools, the

17 person shall be detained or confined in a juvenile or adult

18 facility for up to seventy-two hours. The person shall not be

19 released within the seventy-two hours until after the person has

20 been examined and evaluated by the county-designated mental health

21 professional unless the court in its discretion releases the

22 person sooner after a determination regarding probable cause or on

23 probation bond or bail.

24 Within twenty-four hours of the arrest, the arresting law

25 enforcement agency shall refer the person to the county-designated

26 mental health professional for examination and evaluation under

27 chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

28 person of the arrest, detention, and examination. The county-

29 designated mental health professional shall examine and evaluate

30 the person subject to the provisions of chapter 71.05 or 71.34 RCW

31 within twenty-four hours of receiving the referral. The examination

32 shall occur at the facility in which the person is detained or

33 confined. If the person has been released on probation, bond, or

34 bail, the examination shall occur wherever is appropriate.

35 The county-designated mental health professional may, when

36 appropriate, determine whether to refer the person to the county-

37 designated chemical dependency specialist for examination and

p. 3 SB 5544

_1 evaluation in accordance with chapter 70.96A RCW. When a referral

_2 is made by the county-designated mental health professional, the

_3 county-designated chemical dependency specialist shall examine the

_4 person subject to the provisions of chapter 70.96A RCW within

_5 twenty-four hours of receiving the referral. The examination shall

_6 occur at the facility in which the person is detained or

_7 confined. If the person has been released on probation, bond, or

_8 bail, the examination shall occur wherever is appropriate.

_9 Upon completion of any examination by the county-designated

10 mental health professional or the county-designated chemical

11 dependency specialist, the results of the examination shall be

12 sent to the court with jurisdiction and school, and the court

13 shall consider those results in making any determination about the

14 person.

15 The county-designated mental health professional and county-

16 designated chemical dependency specialist shall, to the extent

17 permitted by law, notify a parent or guardian of the person that

18 an examination and evaluation has taken place and the results of

19 the examination. Nothing in this section prohibits the delivery of

20 additional, appropriate mental health examinations to the person

21 while the person is detained or confined.

22 If the county-designated mental health professional determines

23 it is appropriate, the county-designated mental health

24 professional may refer the person to the local regional support

25 network for follow-up services or the department of social and

26 health services or other community providers for other services to

27 the family and individual.

28 NEW SECTION. Sec. 3. A new section is added to chapter 9A.46

29 RCW to read as follows:

30 Upon the arrest of a person at least twelve years of age and

31 not more than twenty-one years of age for violating RCW 9A.46.020

32 relating to felony harassment, on public or private elementary or

33 secondary school premises, school provided transportation, or

34 areas of facilities while being used exclusively by public or

35 private schools, the person shall be detained or confined in a

36 juvenile or adult facility for up to seventy-two hours. The person

37 shall not be released within the seventy-two hours until after the

SB 5544 p. 4

_1 person has been examined and evaluated by the county-designated

_2 mental health professional unless the court in its discretion

_3 releases the person sooner after a determination regarding

_4 probable cause or on probation bond or bail.

_5 Within twenty-four hours of the arrest, the arresting law

_6 enforcement agency shall refer the person to the county-designated

_7 mental health professional for examination and evaluation under

_8 chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

_9 person of the arrest, detention, and examination. The county-

10 designated mental health professional shall examine and evaluate

11 the person subject to the provisions of chapter 71.05 or 71.34 RCW

12 within twenty-four hours of receiving the referral. The examination

13 shall occur at the facility in which the person is detained or

14 confined. If the person has been released on probation, bond, or

15 bail, the examination shall occur wherever is appropriate.

16 The county-designated mental health professional may, when

17 appropriate, determine whether to refer the person to the county-

18 designated chemical dependency specialist for examination and

19 evaluation in accordance with chapter 70.96A RCW. When a referral

20 is made by the county-designated mental health professional, the

21 county-designated chemical dependency specialist shall examine the

22 person subject to the provisions of chapter 70.96A RCW within

23 twenty-four hours of receiving the referral. The examination shall

24 occur at the facility in which the person is detained or

25 confined. If the person has been released on probation, bond, or

26 bail, the examination shall occur wherever is appropriate.

27 Upon completion of any examination by the county-designated

28 mental health professional or the county-designated chemical

29 dependency specialist, the results of the examination shall be

30 sent to the court with jurisdiction and school, and the court

31 shall consider those results in making any determination about the

32 person.

33 The county-designated mental health professional and county-

34 designated chemical dependency specialist shall, to the extent

35 permitted by law, notify a parent or guardian of the person that

36 an examination and evaluation has taken place and the results of

37 the examination. Nothing in this section prohibits the delivery of

p. 5 SB 5544

_1 additional, appropriate mental health examinations to the person

_2 while the person is detained or confined.

_3 If the county-designated mental health professional determines

_4 it is appropriate, the county-designated mental health

_5 professional may refer the person to the local regional support

_6 network for follow-up services or the department of social and

_7 health services or other community providers for other services to

_8 the family and individual.

‑‑‑ END ‑‑‑

SB 5544 p. 6