H-0386.1

HOUSE BILL 1252

State of Washington

69th Legislature

2025 Regular Session

ByRepresentatives Davis, Griffey, and Couture

Prefiled 01/10/25.Read first time 01/13/25.Referred to Committee on Community Safety.

AN ACT Relating to pretrial release; and amending RCW 10.21.070, 10.21.050, and 13.40.040.

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

Sec. 1. RCW 10.21.070 and 2010 c 254 s 9 are each amended to read as follows:

(1) In a release order issued under RCW 10.21.030, the judicial officer must:

(((1)))(a) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the defendant's conduct; and

(((2)))(b) Advise the defendant of:

(((a)))(i) The penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release; and

(((b)))(ii) The consequences of violating a condition of release, including the immediate issuance of a warrant for the defendant's arrest.

(2) Where it is in the record before the court that, at the time of the current offense or arrest, the defendant resisted arrest, attempted to elude a police vehicle, or substantial resources were required to apprehend the defendant, there is a rebuttable presumption that personal recognizance will not reasonably assure the defendant's appearance, when required. In such cases, pursuant to RCW 10.21.020, when the judicial officer issues an order for the person to either be released on personal recognizance or released on a condition or combination of conditions, the judicial officer must document in writing their rationale for any of the following:

(a) Releasing the defendant on personal recognizance;

(b) Declining to order electronic monitoring; or

(3) In the written findings under subsection (2) of this section, the judicial officer must specify how public safety will be ensured and how the defendant's appearance will be ensured, in light of the release order.

(4) The court must submit the written findings under subsection (2) of this section to the administrative office of the courts on or before the next judicial day. The administrative office of the courts must maintain a database where these orders may be accessed by the public.

(5) The administrative office of the courts shall publish and submit annually to the legislature, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys a report on the number of orders issued where a person is released on personal recognizance, the judicial officer declines to order electronic monitoring, or the judicial officer orders less bail than requested by the prosecutor under subsection (2) of this section.

(6) For the purposes of this section, "substantial resources" means that law enforcement invested significant efforts into apprehending a suspect including, but not limited to, involvement of multiple units, canine teams, drones, or air support.

Sec. 2. RCW 10.21.050 and 2023 c 462 s 406 are each amended to read as follows:

The judicial officer in any felony, misdemeanor, or gross misdemeanor case must, in determining whether there are conditions of release that will reasonably assure the safety of any other person and the community, take into account the available information concerning:

(1) The nature and circumstances of the offense charged, including whether the offense is a crime of violence;

(2) The weight of the evidence against the defendant; and

(3) The history and characteristics of the defendant, including:

(a) The defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings;

(b) Whether, at the time of the current offense or arrest, the defendant was on community supervision, probation, parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law;

(c) The nature and seriousness of the danger to any person or the community that would be posed by the defendant's release; ((and))

(d) Whether, at the time of the current offense or arrest, the defendant resisted arrest, attempted to elude a police vehicle, or substantial resources were required to apprehend the defendant; and

(e) The defendant's firearms history, including purchase history, any concealed pistol license history, and the requirements of RCW 9.41.800 regarding issuance of an order to surrender and prohibit weapons.

(4) For the purposes of this section, "substantial resources" means that law enforcement invested significant efforts into apprehending a suspect including, but not limited to, involvement of multiple units, canine teams, drones, or air support.

Sec. 3. RCW 13.40.040 and 2017 3rd sp.s. c 6 s 606 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

(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

(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.

(5)(a) 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.

(b)(i) 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.

(ii) Where it is in the record before the court that, at the time of the current offense or arrest, the juvenile resisted arrest, attempted to elude a police vehicle, or substantial resources were required to apprehend the juvenile, there is a rebuttable presumption that the juvenile will likely fail to appear for further proceedings. In such cases, the court must document in writing the rationale for any of the following:

(A) Releasing the juvenile on personal recognizance;

(B) Declining to order electronic monitoring as a condition of release; or

(c) In the written findings under this subsection (5)(b)(ii), the judicial officer must specify how public safety will be ensured and how the juvenile's appearance will be ensured, in light of the release order.

(d) 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.

(e) 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.

(f) A juvenile may be released only to a responsible adult or the department of children, youth, and families.

(g) Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

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