Z‑0792.1   _____________________________________________

HOUSE BILL 1939

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Dickerson and Eickmeyer; by request of Governor Locke and Superintendent of Public Instruction

Read first time 02/09/2001.  Referred to Committee on Juvenile Justice.

_1      AN ACT Relating to mental health evaluation of minors who

_2  commit felonies on school facilities; adding a new section to

_3  chapter 9.61 RCW; and adding a new section to chapter 9A.48 RCW.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  A new section is added to chapter 9.61 RCW

_6  to read as follows:

_7      Upon the arrest of a person at least thirteen years of age and

_8  not more than twenty-one years of age for violating RCW 9.61.160

_9  relating to threats to bomb or injure property, on public or

10  private elementary or secondary school premises, school provided

11  transportation, or areas of facilities while being used

12  exclusively by public or private schools, the person shall be

13  detained or confined in a juvenile or adult facility for up to

14  seventy-two hours.  The person shall not be released within the

15  seventy-two hours until after the person has been examined and

16  evaluated by the county-designated mental health professional

17  unless the court in its discretion releases the person sooner

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_1  after a determination regarding probable cause or on probation

_2  bond or bail.

_3      Within twenty-four hours of the arrest, the arresting law

_4  enforcement agency shall refer the person to the county-designated

_5  mental health professional for examination and evaluation under

_6  chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

_7  person of the arrest, detention, and examination.  Notification to

_8  the parent or guardian shall occur prior to any examination or

_9  evaluation by the county-designated mental health professional.  The

10  county-designated mental health professional shall examine and

11  evaluate the person subject to the provisions of chapter 71.05 or

12  71.34 RCW within twenty-four hours of receiving the referral.  The

13  examination shall occur at the facility in which the person is

14  detained or confined.  If the person has been released on probation,

15  bond, or bail, the examination shall occur wherever is

16  appropriate.

17      The county-designated mental health professional may, when

18  appropriate, determine whether to refer the person to the county-

19  designated chemical dependency specialist for examination and

20  evaluation in accordance with chapter 70.96A RCW.  When a referral

21  is made by the county-designated mental health professional, the

22  county-designated chemical dependency specialist shall examine the

23  person subject to the provisions of chapter 70.96A RCW within

24  twenty-four hours of receiving the referral.  The examination shall

25  occur at the facility in which the person is detained or

26  confined.  If the person has been released on probation, bond, or

27  bail, the examination shall occur wherever is appropriate.

28      Upon completion of any examination by the county-designated

29  mental health professional or the county-designated chemical

30  dependency specialist, the results of the examination shall be

31  sent to the court with jurisdiction, the school, the parents, and

32  to the person if eighteen years of age or older, and the court

33  shall consider those results in making any determination about the

34  person.  However, any reference in the evaluation report or reports

35  to facts or circumstances of the alleged acts which resulted in

36  the arrest of the person shall not be admissible in any criminal

37  or juvenile proceeding if the person was unrepresented by counsel

HB 1939                        p. 2

_1  at the time of the examination, or had not been arraigned prior to

_2  the examination.

_3      The county-designated mental health professional and county-

_4  designated chemical dependency specialist shall notify a parent or

_5  guardian of the person, if the person is under the age of

_6  eighteen, that an examination and evaluation has taken place and

_7  the results of the examination.  Nothing in this section prohibits

_8  the delivery of additional, appropriate mental health examinations

_9  to the person while the person is detained or confined.

10      If the county-designated mental health professional determines

11  it is appropriate, the county-designated mental health

12  professional may refer the person to the local regional support

13  network for follow-up services or the department of social and

14  health services or other community providers for other services to

15  the family and individual.

16      NEW SECTION. Sec. 2.  A new section is added to chapter 9A.48

17  RCW to read as follows:

18      Upon the arrest of a person at least thirteen years of age and

19  not more than twenty-one years of age for violating RCW 9A.48.020

20  relating to arson in the first degree or RCW 9A.48.030 relating to

21  arson in the second degree, on public or private elementary or

22  secondary school premises, school provided transportation, or

23  areas of facilities while being used exclusively by public or

24  private schools, the person shall be detained or confined in a

25  juvenile or adult facility for up to seventy-two hours.  The person

26  shall not be released within the seventy-two hours until after the

27  person has been examined and evaluated by the county-designated

28  mental health professional unless the court in its discretion

29  releases the person sooner after a determination regarding

30  probable cause or on probation bond or bail.

31      Within twenty-four hours of the arrest, the arresting law

32  enforcement agency shall refer the person to the county-designated

33  mental health professional for examination and evaluation under

34  chapter 71.05 or 71.34 RCW and inform a parent or guardian of the

35  person of the arrest, detention, and examination.  Notification to

36  the parent or guardian shall occur prior to any examination or

37  evaluation by the county-designated mental health professional.  The

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_1  county-designated mental health professional shall examine and

_2  evaluate the person subject to the provisions of chapter 71.05 or

_3  71.34 RCW within twenty-four hours of receiving the referral.  The

_4  examination shall occur at the facility in which the person is

_5  detained or confined.  If the person has been released on probation,

_6  bond, or bail, the examination shall occur wherever is

_7  appropriate.

_8      The county-designated mental health professional may, when

_9  appropriate, determine whether to refer the person to the county-

10  designated chemical dependency specialist for examination and

11  evaluation in accordance with chapter 70.96A RCW.  When a referral

12  is made by the county-designated mental health professional, the

13  county-designated chemical dependency specialist shall examine the

14  person subject to the provisions of chapter 70.96A RCW within

15  twenty-four hours of receiving the referral.  The examination shall

16  occur at the facility in which the person is detained or

17  confined.  If the person has been released on probation, bond, or

18  bail, the examination shall occur wherever is appropriate.

19      Upon completion of any examination by the county-designated

20  mental health professional or the county-designated chemical

21  dependency specialist, the results of the examination shall be

22  sent to the court with jurisdiction, the school, the parents, and

23  to the person if eighteen years of age or older, and the court

24  shall consider those results in making any determination about the

25  person.  However, any reference in the evaluation report or reports

26  to facts or circumstances of the alleged acts which resulted in

27  the arrest of the person shall not be admissible in any criminal

28  or juvenile proceeding if the person was unrepresented by counsel

29  at the time of the examination, or had not been arraigned prior to

30  the examination.

31      The county-designated mental health professional and county-

32  designated chemical dependency specialist shall notify a parent or

33  guardian of the person, if the person is under the age of

34  eighteen, that an examination and evaluation has taken place and

35  the results of the examination.  Nothing in this section prohibits

36  the delivery of additional, appropriate mental health examinations

37  to the person while the person is detained or confined.

38      If the county-designated mental health professional determines

HB 1939                        p. 4

_1  it is appropriate, the county-designated mental health

_2  professional may refer the person to the local regional support

_3  network for follow-up services or the department of social and

_4  health services or other community providers for other services to

_5  the family and individual.

‑‑‑ END ‑‑‑

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