AN
ACT Relating to clarifying the department of social and health services' parole
program placement authority for all juvenile offenders under the age of
twenty-one and committed to the department of social and health services;
amending RCW 13.40.210; and declaring an emergency.
BE IT ENACTED
BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.210 and 1997 c 338 s 32 are each amended to read as follows:
(1)
The secretary shall((, except in the case of a juvenile committed by a court
to a term of confinement in a state institution outside the appropriate
standard range for the offense(s) for which the juvenile was found to be guilty
established pursuant to RCW 13.40.030,)) set a release ((or discharge))
date for each juvenile committed to its custody. The release ((or discharge))
date shall be within the prescribed range to which a juvenile has been
committed under RCW 13.40.0357 or 13.40.030 except as provided in RCW
13.40.320 concerning offenders the department determines are eligible for the
juvenile offender basic training camp program. Such dates shall be determined
prior to the expiration of sixty percent of a juvenile's minimum term of
confinement included within the prescribed range to which the juvenile has been
committed. The secretary shall release any juvenile committed to the custody
of the department within four calendar days prior to the juvenile's release
date or on the release date set under this chapter. Days spent in the custody
of the department shall be tolled by any period of time during which a juvenile
has absented himself or herself from the department's supervision without the
prior approval of the secretary or the secretary's designee.
(2)
The secretary shall monitor the average daily population of the state's
juvenile residential facilities. When the secretary concludes that
in-residence population of residential facilities exceeds one hundred five
percent of the rated bed capacity specified in statute, or in absence of such
specification, as specified by the department in rule, the secretary may
recommend reductions to the governor. On certification by the governor that
the recommended reductions are necessary, the secretary has authority to
administratively release a sufficient number of offenders to reduce
in-residence population to one hundred percent of rated bed capacity. The
secretary shall release those offenders who have served the greatest proportion
of their sentence. However, the secretary may deny release in a particular
case at the request of an offender, or if the secretary finds that there is no
responsible custodian, as determined by the department, to whom to release the
offender, or if the release of the offender would pose a clear danger to society.
The department shall notify the committing court of the release at the time of
release if any such early releases have occurred as a result of excessive
in-residence population. In no event shall an offender adjudicated of a
violent offense be granted release under the provisions of this subsection.
(3)(a)
Following the ((juvenile's)) release of any juvenile under
subsection (1) of this section, the secretary may require the juvenile to
comply with a program of parole to be administered by the department in his or
her community which shall last no longer than eighteen months, except that in
the case of a juvenile sentenced for rape in the first or second degree, rape
of a child in the first or second degree, child molestation in the first degree,
or indecent liberties with forcible compulsion, the period of parole shall be
twenty-four months and, in the discretion of the secretary, may be up to
thirty-six months when the secretary finds that an additional period of parole
is necessary and appropriate in the interests of public safety or to meet the
ongoing needs of the juvenile. A parole program is mandatory for offenders
released under subsection (2) of this section. The decision to place an
offender on parole shall be based on an assessment by the department of the
offender's risk for reoffending upon release. The department shall prioritize
available parole resources to provide supervision and services to offenders at
moderate to high risk for reoffending.
(b)
The secretary shall, for the period of parole, facilitate the juvenile's
reintegration into his or her community and to further this goal shall require
the juvenile to refrain from possessing a firearm or using a deadly weapon and
refrain from committing new offenses and may require the juvenile to: (i)
Undergo available medical, psychiatric, drug and alcohol, sex offender, mental
health, and other offense-related treatment services; (ii) report as directed
to a parole officer and/or designee; (iii) pursue a course of study, vocational
training, or employment; (iv) notify the parole officer of the current address
where he or she resides; (v) be present at a particular address during
specified hours; (vi) remain within prescribed geographical boundaries; (vii)
submit to electronic monitoring; (viii) refrain from using illegal drugs and
alcohol, and submit to random urinalysis when requested by the assigned parole
officer; (ix) refrain from contact with specific individuals or a specified
class of individuals; (x) meet other conditions determined by the parole
officer to further enhance the juvenile's reintegration into the community;
(xi) pay any court-ordered fines or restitution; and (xii) perform community
service. Community service for the purpose of this section means compulsory
service, without compensation, performed for the benefit of the community by
the offender. Community service may be performed through public or private
organizations or through work crews.
(c)
The secretary may further require up to twenty-five percent of the highest risk
juvenile offenders who are placed on parole to participate in an intensive
supervision program. Offenders participating in an intensive supervision
program shall be required to comply with all terms and conditions listed in (b)
of this subsection and shall also be required to comply with the following
additional terms and conditions: (i) Obey all laws and refrain from any
conduct that threatens public safety; (ii) report at least once a week to an
assigned community case manager; and (iii) meet all other requirements imposed
by the community case manager related to participating in the intensive
supervision program. As a part of the intensive supervision program, the
secretary may require day reporting.
(d)
After termination of the parole period, the juvenile shall be discharged from
the department's supervision.
(4)(a)
The department may also modify parole for violation thereof. If, after
affording a juvenile all of the due process rights to which he or she would be
entitled if the juvenile were an adult, the secretary finds that a juvenile has
violated a condition of his or her parole, the secretary shall order one of the
following which is reasonably likely to effectuate the purpose of the parole
and to protect the public: (i) Continued supervision under the same conditions
previously imposed; (ii) intensified supervision with increased reporting
requirements; (iii) additional conditions of supervision authorized by this
chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a
period of confinement not to exceed thirty days in a facility operated by or
pursuant to a contract with the state of Washington or any city or county for a
portion of each day or for a certain number of days each week with the balance
of the days or weeks spent under supervision; and (v) the secretary may order
any of the conditions or may return the offender to confinement for the
remainder of the sentence range if the offense for which the offender was
sentenced is rape in the first or second degree, rape of a child in the first
or second degree, child molestation in the first degree, indecent liberties
with forcible compulsion, or a sex offense that is also a serious violent
offense as defined by RCW 9.94A.030.
(b)
If the department finds that any juvenile in a program of parole has possessed
a firearm or used a deadly weapon during the program of parole, the department
shall modify the parole under (a) of this subsection and confine the juvenile
for at least thirty days. Confinement shall be in a facility operated by or
pursuant to a contract with the state or any county.
(5)
A parole officer of the department of social and health services shall have the
power to arrest a juvenile under his or her supervision on the same grounds as
a law enforcement officer would be authorized to arrest the person.
(6)
If so requested and approved under chapter 13.06 RCW, the secretary shall
permit a county or group of counties to perform functions under subsections (3)
through (5) of this section.
NEW
SECTION. Sec. 2. 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.
