AN ACT Relating to juveniles; amending RCW 13.40.025 and 13.50.010; adding a new section to chapter 13.16 RCW; adding a new section to chapter 13.40 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW.

Sec. 2. Section 3, chapter 299, Laws of 1981 as amended by section 11, chapter 287, Laws of 1984 and RCW 13.40.025 are each amended to read as follows:

(1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

(2) The commission shall be composed of the secretary or the secretary's designee and the following ((~~eight~~)) nine members appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender actively practicing in juvenile court; ((~~and~~)) (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; ((~~and~~)) of the ((~~state bar association~~)) Washington public defenders association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

(3) The secretary or the secretary's designee shall serve as chairman of the commission.

(4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

(6) ((~~The commission's first meeting shall be held prior to January 1, 1982. Thereafter,~~)) The commission shall meet at least once every ((~~six~~)) three months.

NEW SECTION. Sec. 3. A new section is added to chapter 13.40 RCW to read as follows:

The commission shall:

(1) Propose to the legislature mandatory state-wide standards by November 1, 1987, on the following subjects:

(a) The detention intake procedures used and decisions made to release or detain youth in juvenile detention facilities;

(b) The use of punishment, security, and control mechanisms such as isolation, restraints, program restrictions, and the procedures required for their use;

(d) Adequate staffing;

(e) Inventory and storage of residents' belongings;

(f) Access to defense counsel;

(g) Residents' rights to communicate with persons outside the facility; and

(h) Information gathering and reporting necessary for educated decision-making by the commission and for the proper monitoring of facilities for compliance with commission standards.

The standards proposed under this subsection shall become effective upon approval by the legislature.

(2) Evaluate each facility, report its findings, and propose advisory standards to the legislature by November 1, 1988. Evaluations shall be done after inspections conducted by experts chosen by the commission in the subject matters being evaluated. The findings of the commission shall be available to the public. The evaluations shall be on the following subjects:

(a) Physical plant conditions;

(b) Custodial care including but not limited to: (i) Availability and quality of educational, therapeutic, and recreational programs, and (ii) staff training;

(3) Propose changes in the statutes pertaining to admissions to, releases from, and uses of detention facilities, when necessary for optimal standards on any of the subjects under subsections (1) and (2) of this section.

(4) After mandatory standards have been approved by the legislature, cause all juvenile detention facilities to be inspected annually by a team of inspectors appointed by the commission. Each team shall consist of one person with at least five years' experience in juvenile detention or juvenile corrections administration, one community representative with a demonstrated interest in issues involving youth, and at least one person with the expertise necessary for a proper evaluation of each of the technical areas covered by the standards. The inspectors shall have access to all portions of the facilities, to all youth confined in the facilities, and to all records maintained by the facilities. The inspectors shall report to the commission on the compliance with the standards adopted under this chapter. Copies of the inspection reports shall be sent to the appropriate county boards and to the judiciary committees of the senate and house of representatives.

(5) Establish procedures for detention facility residents to present their grievances to the commission, and provide adequate notice of these procedures to the residents.

(6) Hire necessary staff, acquire office space, supplies, and equipment, and make such other expenditures as necessary as resources are available to carry out its duties.

NEW SECTION. Sec. 4. A new section is added to chapter 13.16 RCW to read as follows:

All juvenile detention facilities which do not meet the standards adopted under section 3 of this act may be ordered to comply with the standards as follows:

(1) If the commission finds that a detention facility does not comply with the standards adopted under section 3 of this act, a notice of noncompliance shall be given to the governing unit. The notice shall specify the manner in which the detention facility does not comply with the standards and shall specify the time limits within which the standards shall be met.

(2) Within twenty days after the date of receipt of a notice of noncompliance the appropriate governing unit may request a review by the commission. The review shall be heard not more than twenty days following such request. A review conducted under this subsection shall be deemed to be a "contested case" under chapter 34.04 RCW. The commission shall hear and decide the review, and the decision of the commission may be appealed to the superior court as provided in chapter 34.04 RCW.

(3) If a notice of noncompliance is issued and upheld and compliance is not satisfactorily accomplished within the time proscribed in the notice, the attorney general, upon request and on the behalf of the commission, shall apply to the superior court of the county in which the detention facility is located for an order to comply. If the court finds that the detention facility is not in compliance with the standards adopted under section 3 of this act, it shall order compliance.

Sec. 5. Section 8, chapter 155, Laws of 1979 and RCW 13.50.010 are each amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, and persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information;

(b) An agency shall take reasonable steps to insure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notorized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 and the team of inspectors appointed by the commission under section 3 of this 1986 act upon request. The commission and the team of inspectors shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.