AN ACT Relating to disposition of juvenile offenders; amending RCW 13.40.030; and adding a new section to chapter 13.40 RCW.

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

Sec. 1. Section 57, chapter 291, Laws of 1977 ex. sess. as last amended by section 1, chapter 73, Laws of 1985 and RCW 13.40.030 are each amended to read as follows:

(1) (a) The juvenile disposition standards commission shall propose to the legislature no later than November 1st of each even-numbered year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement, including the boot camp program established in section 2 of this 1989 act, and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards proposed for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards proposed by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing proposed disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

(b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each even-numbered year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding two-year period. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

(2) If the commission fails to propose disposition standards as provided in this section, the existing standards shall remain in effect and may be adopted by the legislature or referred to the commission for modification as provided in subsection (3) of this section. If the standards are referred for modification, the provisions of subsection (4) shall be applicable.

(3) The legislature may adopt the proposed standards or refer the proposed standards to the commission for modification. If the legislature fails to adopt or refer the proposed standards to the commission by February 15th of the following year, the proposed standards shall take effect without legislative approval on July 1st of that year.

(4) If the legislature refers the proposed standards to the commission for modification on or before February 15th, the commission shall resubmit the proposed modifications to the legislature no later than March 1st. The legislature may adopt or modify the resubmitted proposed standards. If the legislature fails to adopt or modify the resubmitted proposed standards by April 1st, the resubmitted proposed standards shall take effect without legislative approval on July 1st of that year.

(5) In developing and promulgating the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

NEW SECTION. Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:

(1) It is the intent of the legislature that the program established pursuant to this chapter shall benefit the state and counties by reducing the crowding in juvenile detention facilities and shall benefit both the community and the offenders by promoting the offenders' personal development and self-discipline, thereby making them more effective participants in society.

(2) The department of social and health services shall develop a juvenile boot camp program. At a minimum, such program shall include training in military discipline, fashioned after the training received in a United States Marine Corps boot camp. The program shall provide an intensive basic training and rehabilitative program for juveniles. The department shall adopt rules for the operation and successful completion of such program.

(3) The boot camp program shall last ninety days for any juvenile, except that the secretary may extend the time limit to one hundred twenty days if the juvenile has not adequately completed the program within ninety days as determined by the secretary according to rules adopted by the secretary.

(4)(a) A juvenile may be placed in the boot camp program if he or she is between twelve and eighteen years of age at the time of adjudication and has been committed to the department for a term of which the maximum is at least twelve weeks. This would include juveniles receiving one hundred ten points or more.

(b) The judge may order that a juvenile be placed in the boot camp program even when the sentencing standards do not provide for a term of which the maximum is at least twelve weeks if the judge makes a finding that ordering a lesser term would create a manifest injustice.

(c) Eligibility shall be denied if the respondent suffers from any mental or physical problem which could endanger his or her health or drastically affect his or her performance in the program.

(d) If the court has recommended a respondent for the boot camp program, the secretary of the department of social and health services shall assign that juvenile to the program provided the secretary determines that he or she is eligible for and that there is room for the juvenile in the program.

(5)(a) The department shall provide an aftercare component for monitoring and assisting the release of boot camp participants into the community.

(b) The department shall keep records and monitor criminal activity and employment placement of the program participants after their release from the program. An outcome evaluation study shall be published no later than December 31, 1992, which shall include a comparison of criminal activity and employment placement records of juveniles completing the boot camp program with the criminal activity and employment records of youths completing other programs or commitment time.

(6) The department shall either establish criteria for training contract staff or provide a special training program for department staff selected for the boot camp program and shall include appropriate methods of dealing with minors.

(7) If a juvenile in the boot camp program becomes unmanageable or medically ineligible, the department shall remove the juvenile from the program and place the juvenile in secure detention until he or she is transferred to an equally restrictive commitment program.

(8) The department may contract with private companies for the operation of the boot camp program.