WSR 00-10-065

EMERGENCY RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)

[ Filed April 28, 2000, 3:32 p.m. ]

Date of Adoption: April 28, 2000.

Purpose: To effect community safety by allowing for parole revocation due process to occur with youth that have been detained in other states pending a return to Washington. Without this change, youth returned to Washington, as parole absconders can not be detained.

Citation of Existing Rules Affected by this Order: Amending WAC 275-30-010, 275-30-030, 275-30-060, and 275-30-070.

Statutory Authority for Adoption: RCW 72.01.090, 72.05.130.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Without this change we are unable to complete a parole revocation on Washington state parolees who have been detained in other states. These youth are offenders who have absconded from parole supervision or are displaying high-risk behaviors, which indicate that they are close to reoffending/committing new offenses. This change will allow JRA to carry out our primary mission of public safety by permitting us to execute the parole revocation process with these offenders.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.

April 28, 2000

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

2737.1
AMENDATORY SECTION(Amending WSR 99-03-077, filed 1/19/99, effective 2/19/99)

WAC 275-30-010
Definitions.

"Department" means the department of social and health services.

"Detention" means physical custody in Washington state by the department of social and health services in a juvenile rehabilitation administration operated or contracted facility or a Washington state detention facility as defined in RCW 13.40.020(9).

"Juvenile parole officer" means a state employee, or person under contract to the state, whose responsibilities include supervising juvenile parolees.

"Juvenile parolee" means a person under age twenty-one released from a juvenile rehabilitation administration residential facility and placed under the supervision of a juvenile parole officer.

"Modification of parole conditions" means a change in the "order of parole conditions" provided by the juvenile parole officer with full knowledge of the change by the juvenile parolee.

"Parole" means a period of supervision following release from a juvenile rehabilitation administration residential facility, during which time certain parole conditions are to be followed.

"Parole conditions" mean interventions or expectations that include, but are not limited to, those listed in RCW 13.40.210, intended to facilitate the juvenile parolee's reintegration into the community and/or to reduce the likelihood of reoffending.

"Secretary" means secretary of the department of social and health services or his/her designee.

"Violation" means behavior by a juvenile parolee contrary to written parole conditions which may result in sanctions that include, but are not limited to, modification of parole conditions and/or confinement.

[Statutory Authority: RCW 72.01.090, 72.05.130 and 13.40.210. 99-03-077, 275-30-010, filed 1/19/99, effective 2/19/99. Statutory Authority: RCW 13.40.210. 88-20-083 (Order 2709), 275-30-010, filed 10/5/88.]

Washington State Code Reviser's Office