57th Legislature

2001 Regular Session


Passed by the Senate March 14, 2001

  YEAS 48   NAYS 0




President of the Senate


Passed by the House April 4, 2001

  YEAS 92   NAYS 0




Speaker of the House of Representatives




Speaker of the House of Representatives








I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5972 as passed by the Senate and the House of Representatives on the dates hereon set forth.

















Governor of the State of Washington











Sectretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senator Hargrove; by request of Department of Social and Health Services


Read first time 02/12/2001.  Referred to Committee on Human Services & Corrections. Releasing juvenile offenders. 

_1      AN ACT Relating to clarifying the department of social and

_2  health services' parole program placement authority for all

_3  juvenile offenders under the age of twenty-one and committed to

_4  the department of social and health services; amending RCW

_5  13.40.210; and declaring an emergency.




_7      Sec. 1.  RCW 13.40.210 and 1997 c 338 s 32 are each amended to read

_8  as follows:

_9      (1) The secretary shall((, except in the case of a juvenile

10  committed by a court to a term of confinement in a state

11  institution outside the appropriate standard range for the

12  offense(s) for which the juvenile was found to be guilty

13  established pursuant to RCW 13.40.030,)) set a release ((or

14  discharge)) date for each juvenile committed to its custody.  The

15  release ((or discharge)) date shall be within the prescribed range

16  to which a juvenile has been committed under RCW 13.40.0357 or

17  13.40.030 except as provided in RCW 13.40.320 concerning offenders

18  the department determines are eligible for the juvenile offender

                               p. 1                    SB 5972.PL

_1  basic training camp program.  Such dates shall be determined prior

_2  to the expiration of sixty percent of a juvenile's minimum term of

_3  confinement included within the prescribed range to which the

_4  juvenile has been committed.  The secretary shall release any

_5  juvenile committed to the custody of the department within four

_6  calendar days prior to the juvenile's release date or on the

_7  release date set under this chapter.  Days spent in the custody of

_8  the department shall be tolled by any period of time during which

_9  a juvenile has absented himself or herself from the department's

10  supervision without the prior approval of the secretary or the

11  secretary's designee.

12      (2) The secretary shall monitor the average daily population of

13  the state's juvenile residential facilities.  When the secretary

14  concludes that in-residence population of residential facilities

15  exceeds one hundred five percent of the rated bed capacity

16  specified in statute, or in absence of such specification, as

17  specified by the department in rule, the secretary may recommend

18  reductions to the governor.  On certification by the governor that

19  the recommended reductions are necessary, the secretary has

20  authority to administratively release a sufficient number of

21  offenders to reduce in-residence population to one hundred percent

22  of rated bed capacity.  The secretary shall release those offenders

23  who have served the greatest proportion of their sentence.  However,

24  the secretary may deny release in a particular case at the request

25  of an offender, or if the secretary finds that there is no

26  responsible custodian, as determined by the department, to whom to

27  release the offender, or if the release of the offender would pose

28  a clear danger to society.  The department shall notify the

29  committing court of the release at the time of release if any such

30  early releases have occurred as a result of excessive in-residence

31  population.  In no event shall an offender adjudicated of a violent

32  offense be granted release under the provisions of this

33  subsection.

34      (3)(a) Following the ((juvenile's)) release of any juvenile

35  under subsection (1) of this section, the secretary may require

36  the juvenile to comply with a program of parole to be administered

37  by the department in his or her community which shall last no

38  longer than eighteen months, except that in the case of a juvenile

SB 5972.PL                     p. 2

_1  sentenced for rape in the first or second degree, rape of a child

_2  in the first or second degree, child molestation in the first

_3  degree, or indecent liberties with forcible compulsion, the period

_4  of parole shall be twenty-four months and, in the discretion of

_5  the secretary, may be up to thirty-six months when the secretary

_6  finds that an additional period of parole is necessary and

_7  appropriate in the interests of public safety or to meet the

_8  ongoing needs of the juvenile.  A parole program is mandatory for

_9  offenders released under subsection (2) of this section.  The

10  decision to place an offender on parole shall be based on an

11  assessment by the department of the offender's risk for

12  reoffending upon release.  The department shall prioritize available

13  parole resources to provide supervision and services to offenders

14  at moderate to high risk for reoffending.

15      (b) The secretary shall, for the period of parole, facilitate

16  the juvenile's reintegration into his or her community and to

17  further this goal shall require the juvenile to refrain from

18  possessing a firearm or using a deadly weapon and refrain from

19  committing new offenses and may require the juvenile to:  (i)

20  Undergo available medical, psychiatric, drug and alcohol, sex

21  offender, mental health, and other offense-related treatment

22  services; (ii) report as directed to a parole officer and/or

23  designee; (iii) pursue a course of study, vocational training, or

24  employment; (iv) notify the parole officer of the current address

25  where he or she resides; (v) be present at a particular address

26  during specified hours; (vi) remain within prescribed geographical

27  boundaries; (vii) submit to electronic monitoring; (viii) refrain

28  from using illegal drugs and alcohol, and submit to random

29  urinalysis when requested by the assigned parole officer; (ix)

30  refrain from contact with specific individuals or a specified

31  class of individuals; (x) meet other conditions determined by the

32  parole officer to further enhance the juvenile's reintegration

33  into the community; (xi) pay any court-ordered fines or

34  restitution; and (xii) perform community service.  Community service

35  for the purpose of this section means compulsory service, without

36  compensation, performed for the benefit of the community by the

37  offender.  Community service may be performed through public or

38  private organizations or through work crews.

                               p. 3                    SB 5972.PL


_1      (c) The secretary may further require up to twenty-five percent

_2  of the highest risk juvenile offenders who are placed on parole to

_3  participate in an intensive supervision program.  Offenders

_4  participating in an intensive supervision program shall be

_5  required to comply with all terms and conditions listed in (b) of

_6  this subsection and shall also be required to comply with the

_7  following additional terms and conditions:  (i) Obey all laws and

_8  refrain from any conduct that threatens public safety; (ii) report

_9  at least once a week to an assigned community case manager; and

10  (iii) meet all other requirements imposed by the community case

11  manager related to participating in the intensive supervision

12  program.  As a part of the intensive supervision program, the

13  secretary may require day reporting.

14      (d) After termination of the parole period, the juvenile shall

15  be discharged from the department's supervision.

16      (4)(a) The department may also modify parole for violation

17  thereof.  If, after affording a juvenile all of the due process

18  rights to which he or she would be entitled if the juvenile were

19  an adult, the secretary finds that a juvenile has violated a

20  condition of his or her parole, the secretary shall order one of

21  the following which is reasonably likely to effectuate the purpose

22  of the parole and to protect the public:  (i) Continued

23  supervision under the same conditions previously imposed; (ii)

24  intensified supervision with increased reporting requirements;

25  (iii) additional conditions of supervision authorized by this

26  chapter; (iv) except as provided in (a)(v) of this subsection,

27  imposition of a period of confinement not to exceed thirty days in

28  a facility operated by or pursuant to a contract with the state of

29  Washington or any city or county for a portion of each day or for

30  a certain number of days each week with the balance of the days or

31  weeks spent under supervision; and (v) the secretary may order any

32  of the conditions or may return the offender to confinement for

33  the remainder of the sentence range if the offense for which the

34  offender was sentenced is rape in the first or second degree, rape

35  of a child in the first or second degree, child molestation in the

36  first degree, indecent liberties with forcible compulsion, or a

37  sex offense that is also a serious violent offense as defined by

38  RCW 9.94A.030.

SB 5972.PL                     p. 4


_1      (b) If the department finds that any juvenile in a program of

_2  parole has possessed a firearm or used a deadly weapon during the

_3  program of parole, the department shall modify the parole under

_4  (a) of this subsection and confine the juvenile for at least

_5  thirty days.  Confinement shall be in a facility operated by or

_6  pursuant to a contract with the state or any county.

_7      (5) A parole officer of the department of social and health

_8  services shall have the power to arrest a juvenile under his or

_9  her supervision on the same grounds as a law enforcement officer

10  would be authorized to arrest the person.

11      (6) If so requested and approved under chapter 13.06 RCW, the

12  secretary shall permit a county or group of counties to perform

13  functions under subsections (3) through (5) of this section.  

14      NEW SECTION.  Sec. 2.  This act is necessary for the immediate

15  preservation of the public peace, health, or safety, or support of

16  the state government and its existing public institutions, and

17  takes effect immediately.


‑‑‑ END ‑‑‑


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