AN
ACT Relating to the juvenile offender basic training camp program; and amending
RCW 13.40.320, 13.40.210, and 74.15.020.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.320 and 1997 c 338 s 38 are each amended to read as follows:
(1)
The department of social and health services shall establish ((and operate))
a medium security juvenile offender basic training camp program. ((The
department shall site a juvenile offender basic training camp facility in the
most cost-effective facility possible and shall review the possibility of using
an existing abandoned and/or available state, federally, or military-owned site
or facility.)) This program for juvenile offenders serving a term of
confinement under the supervision of the department is exempt from the
licensing requirements of chapter 74.15 RCW.
(2)
The department may contract under this chapter with private companies, the
national guard, or other federal, state, or local agencies to operate the
juvenile offender basic training camp, notwithstanding the provisions of RCW
41.06.380. ((Requests for proposals from possible contractors shall not
call for payment on a per diem basis.))
(3)
((The juvenile offender basic training camp shall accommodate at least
seventy offenders. The beds shall count as additions to, and not be used as
replacements for, existing bed capacity at existing department of social and
health services juvenile facilities.
(4))) The
juvenile offender basic training camp shall be a structured and regimented
model ((lasting one hundred twenty days)) emphasizing the building up of
an offender's self-esteem, confidence, and discipline. The juvenile offender
basic training camp program shall provide participants with basic education,
prevocational training, work-based learning, ((live)) work experience,
work ethic skills, conflict resolution counseling, substance abuse
intervention, anger management counseling, and structured intensive physical
training. The juvenile offender basic training camp program shall have a
curriculum training and work schedule that incorporates a balanced assignment of
these or other rehabilitation and training components for no less than sixteen
hours per day, six days a week.
The
department shall ((adopt rules)) develop standards for the safe
and effective operation of the juvenile offender basic training camp program,
((standards)) for an offender's successful program completion, and ((rules))
for the continued after-care supervision of offenders who have successfully
completed the program.
(((5)))
(4) Offenders eligible for the juvenile offender basic training camp
option shall be those with a disposition of not more than sixty-five weeks.
Violent and sex offenders shall not be eligible for the juvenile offender basic
training camp program.
(((6)))
(5) If the court determines that the offender is eligible for the
juvenile offender basic training camp option, the court may recommend that the
department place the offender in the program. The department shall evaluate
the offender and may place the offender in the program. The evaluation shall
include, at a minimum, a risk assessment developed by the department and
designed to determine the offender's suitability for the program. No juvenile
who is assessed as a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically affect his or her
performance in the program shall be admitted to or retained in the juvenile
offender basic training camp program.
(((7)))
(6) All juvenile offenders eligible for the juvenile offender basic
training camp sentencing option shall spend one hundred twenty days of their
disposition in a juvenile offender basic training camp. This period may be
extended for up to forty days by the secretary if a juvenile offender requires
additional time to successfully complete the basic training camp program.
If the juvenile offender's activities while in the juvenile offender basic
training camp are so disruptive to the juvenile offender basic training camp
program, as determined by the secretary according to ((rules adopted)) standards
developed by the department, as to result in the removal of the juvenile
offender from the juvenile offender basic training camp program, or if the
offender cannot complete the juvenile offender basic training camp program due
to medical problems, the secretary shall require that the offender be committed
to a juvenile institution to serve the entire remainder of his or her
disposition, less the amount of time already served in the juvenile offender
basic training camp program.
(((8)))
(7) All offenders who successfully graduate from the ((one hundred
twenty day)) juvenile offender basic training camp program shall spend the
remainder of their disposition on parole in a ((division of)) juvenile
rehabilitation administration intensive aftercare program in the local
community. Violation of the conditions of parole is subject to sanctions
specified in RCW 13.40.210(4). The program shall provide for the needs of
the offender based on his or her progress in the aftercare program as indicated
by ongoing assessment of those needs and progress. The intensive aftercare
program shall monitor postprogram juvenile offenders and assist them to
successfully reintegrate into the community. In addition, the program shall
develop a process for closely monitoring and assessing public safety risks.
The intensive aftercare program shall be designed and funded by the department
of social and health services.
(((9)))
(8) The department shall also develop and maintain a data base to
measure recidivism rates specific to this incarceration program. The data base
shall maintain data on all juvenile offenders who complete the juvenile
offender basic training camp program for a period of two years after they have
completed the program. The data base shall also maintain data on the criminal
activity, educational progress, and employment activities of all juvenile
offenders who participated in the program.
Sec.
2. RCW
13.40.210 and 1997 c 338 s 32 are each amended to read as follows:
(1)
The secretary shall, except in the case of a juvenile committed by a court to a
term of confinement in a state institution outside the appropriate standard
range for the offense(s) for which the juvenile was found to be guilty
established pursuant to RCW 13.40.030, set a release or discharge date for each
juvenile committed to its custody. The release or discharge date shall be
within the prescribed range to which a juvenile has been committed except as
provided in RCW 13.40.320 concerning offenders the department determines are
eligible for the juvenile offender basic training camp program. Such dates
shall be determined prior to the expiration of sixty percent of a juvenile's
minimum term of confinement included within the prescribed range to which the
juvenile has been committed. The secretary shall release any juvenile
committed to the custody of the department within four calendar days prior to
the juvenile's release date or on the release date set under this chapter.
Days spent in the custody of the department shall be tolled by any period of
time during which a juvenile has absented himself or herself from the
department's supervision without the prior approval of the secretary or the
secretary's designee.
(2)
The secretary shall monitor the average daily population of the state's
juvenile residential facilities. When the secretary concludes that
in-residence population of residential facilities exceeds one hundred five
percent of the rated bed capacity specified in statute, or in absence of such
specification, as specified by the department in rule, the secretary may
recommend reductions to the governor. On certification by the governor that
the recommended reductions are necessary, the secretary has authority to
administratively release a sufficient number of offenders to reduce
in-residence population to one hundred percent of rated bed capacity. The
secretary shall release those offenders who have served the greatest proportion
of their sentence. However, the secretary may deny release in a particular
case at the request of an offender, or if the secretary finds that there is no
responsible custodian, as determined by the department, to whom to release the
offender, or if the release of the offender would pose a clear danger to
society. The department shall notify the committing court of the release at
the time of release if any such early releases have occurred as a result of
excessive in-residence population. In no event shall an offender adjudicated
of a violent offense be granted release under the provisions of this
subsection.
(3)(a)
Following the juvenile's release under subsection (1) of this section, the
secretary may require the juvenile to comply with a program of parole to be
administered by the department in his or her community which shall last no
longer than eighteen months, except that in the case of a juvenile sentenced
for rape in the first or second degree, rape of a child in the first or second
degree, child molestation in the first degree, or indecent liberties with
forcible compulsion, the period of parole shall be twenty-four months and, in
the discretion of the secretary, may be up to thirty-six months when the
secretary finds that an additional period of parole is necessary and
appropriate in the interests of public safety or to meet the ongoing needs of
the juvenile. A parole program is mandatory for offenders released under
subsection (2) of this section. The decision to place an offender on parole
shall be based on an assessment by the department of the offender's risk for
reoffending upon release. The department shall prioritize available parole
resources to provide supervision and services to offenders at moderate to high
risk for reoffending.
(b)
The secretary shall, for the period of parole, facilitate the juvenile's
reintegration into his or her community and to further this goal shall require
the juvenile to refrain from possessing a firearm or using a deadly weapon and
refrain from committing new offenses and may require the juvenile to: (i)
Undergo available medical, psychiatric, drug and alcohol, sex offender, mental
health, and other offense-related treatment services; (ii) report as directed
to a parole officer and/or designee; (iii) pursue a course of study, vocational
training, or employment; (iv) notify the parole officer of the current address
where he or she resides; (v) be present at a particular address during
specified hours; (vi) remain within prescribed geographical boundaries; (vii)
submit to electronic monitoring; (viii) refrain from using illegal drugs and
alcohol, and submit to random urinalysis when requested by the assigned parole
officer; (ix) refrain from contact with specific individuals or a specified
class of individuals; (x) meet other conditions determined by the parole
officer to further enhance the juvenile's reintegration into the community;
(xi) pay any court-ordered fines or restitution; and (xii) perform community
service. Community service for the purpose of this section means compulsory
service, without compensation, performed for the benefit of the community by
the offender. Community service may be performed through public or private
organizations or through work crews.
(c)
The secretary may further require up to twenty-five percent of the highest risk
juvenile offenders who are placed on parole to participate in an intensive
supervision program. Offenders participating in an intensive supervision
program shall be required to comply with all terms and conditions listed in (b)
of this subsection and shall also be required to comply with the following
additional terms and conditions: (i) Obey all laws and refrain from any
conduct that threatens public safety; (ii) report at least once a week to an
assigned community case manager; and (iii) meet all other requirements imposed
by the community case manager related to participating in the intensive
supervision program. As a part of the intensive supervision program, the
secretary may require day reporting.
(d)
After termination of the parole period, the juvenile shall be discharged from
the department's supervision.
(4)(a)
The department may also modify parole for violation thereof. If, after
affording a juvenile all of the due process rights to which he or she would be
entitled if the juvenile were an adult, the secretary finds that a juvenile has
violated a condition of his or her parole, the secretary shall order one of the
following which is reasonably likely to effectuate the purpose of the parole
and to protect the public: (i) Continued supervision under the same conditions
previously imposed; (ii) intensified supervision with increased reporting
requirements; (iii) additional conditions of supervision authorized by this
chapter; (iv) except as provided in (a)(v) and (vi) of this subsection,
imposition of a period of confinement not to exceed thirty days in a facility
operated by or pursuant to a contract with the state of Washington or any city
or county for a portion of each day or for a certain number of days each week
with the balance of the days or weeks spent under supervision; ((and))
(v) the secretary may order any of the conditions or may return the offender to
confinement for the remainder of the sentence range if the offense for which
the offender was sentenced is rape in the first or second degree, rape of a
child in the first or second degree, child molestation in the first degree,
indecent liberties with forcible compulsion, or a sex offense that is also a
serious violent offense as defined by RCW 9.94A.030; and (vi) the secretary
may order any of the conditions or may return the offender to confinement for
the remainder of the sentence range if the youth has completed the basic
training camp program as described in RCW 13.40.320.
(b)
If the department finds that any juvenile in a program of parole has possessed
a firearm or used a deadly weapon during the program of parole, the department
shall modify the parole under (a) of this subsection and confine the juvenile
for at least thirty days. Confinement shall be in a facility operated by or pursuant
to a contract with the state or any county.
(5)
A parole officer of the department of social and health services shall have the
power to arrest a juvenile under his or her supervision on the same grounds as
a law enforcement officer would be authorized to arrest the person.
(6)
If so requested and approved under chapter 13.06 RCW, the secretary shall
permit a county or group of counties to perform functions under subsections (3)
through (5) of this section.
Sec.
3. RCW 74.15.020
and 1999 c 267 s 11 are each amended to read as follows:
For
the purpose of chapter 74.15 RCW and RCW 74.13.031, and unless otherwise
clearly indicated by the context thereof, the following terms shall mean:
(1)
"Agency" means any person, firm, partnership, association,
corporation, or facility which receives children, expectant mothers, or persons
with developmental disabilities for control, care, or maintenance outside their
own homes, or which places, arranges the placement of, or assists in the
placement of children, expectant mothers, or persons with developmental
disabilities for foster care or placement of children for adoption, and shall
include the following irrespective of whether there is compensation to the
agency or to the children, expectant mothers or persons with developmental
disabilities for services rendered:
(a)
"Child day-care center" means an agency which regularly provides care
for a group of children for periods of less than twenty-four hours;
(b)
"Child-placing agency" means an agency which places a child or
children for temporary care, continued care, or for adoption;
(c)
"Community facility" means a group care facility operated for the
care of juveniles committed to the department under RCW 13.40.185. A county
detention facility that houses juveniles committed to the department under RCW
13.40.185 pursuant to a contract with the department is not a community
facility;
(d)
"Crisis residential center" means an agency which is a temporary
protective residential facility operated to perform the duties specified in
chapter 13.32A RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(e)
"Family day-care provider" means a child day-care provider who
regularly provides child day care for not more than twelve children in the
provider's home in the family living quarters;
(f)
"Foster-family home" means an agency which regularly provides care on
a twenty-four hour basis to one or more children, expectant mothers, or persons
with developmental disabilities in the family abode of the person or persons
under whose direct care and supervision the child, expectant mother, or person
with a developmental disability is placed;
(g)
"Group-care facility" means an agency, other than a foster-family
home, which is maintained and operated for the care of a group of children on a
twenty-four hour basis;
(h)
"HOPE center" means an agency licensed by the secretary to provide
temporary residential placement and other services to street youth. A street
youth may remain in a HOPE center for thirty days while services are arranged
and permanent placement is coordinated. No street youth may stay longer than
thirty days unless approved by the department and any additional days approved
by the department must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her returned to home may
remain in a HOPE center until his or her parent arranges return of the youth,
not longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(i)
"Maternity service" means an agency which provides or arranges for
care or services to expectant mothers, before or during confinement, or which
provides care as needed to mothers and their infants after confinement;
(j)
"Responsible living skills program" means an agency licensed by the
secretary that provides residential and transitional living services to persons
ages sixteen to eighteen who are dependent under chapter 13.34 RCW and who have
been unable to live in his or her legally authorized residence and, as a
result, the minor lived outdoors or in another unsafe location not intended for
occupancy by the minor. Dependent minors ages fourteen and fifteen may be
eligible if no other placement alternative is available and the department
approves the placement;
(k)
"Service provider" means the entity that operates a community
facility.
(2)
"Agency" shall not include the following:
(a)
Persons related to the child, expectant mother, or person with developmental
disability in the following ways:
(i)
Any blood relative, including those of half-blood, and including first cousins,
nephews or nieces, and persons of preceding generations as denoted by prefixes
of grand, great, or great-great;
(ii)
Stepfather, stepmother, stepbrother, and stepsister;
(iii)
A person who legally adopts a child or the child's parent as well as the
natural and other legally adopted children of such persons, and other relatives
of the adoptive parents in accordance with state law;
(iv)
Spouses of any persons named in (i), (ii), or (iii) of this subsection (2)(a),
even after the marriage is terminated; or
(v)
Extended family members, as defined by the law or custom of the Indian child's
tribe or, in the absence of such law or custom, a person who has reached the
age of eighteen and who is the Indian child's grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
second cousin, or stepparent who provides care in the family abode on a
twenty-four-hour basis to an Indian child as defined in 25 U.S.C. Sec. 1903(4);
(b)
Persons who are legal guardians of the child, expectant mother, or persons with
developmental disabilities;
(c)
Persons who care for a neighbor's or friend's child or children, with or
without compensation, where: (i) The person providing care for periods of less
than twenty-four hours does not conduct such activity on an ongoing, regularly
scheduled basis for the purpose of engaging in business, which includes, but is
not limited to, advertising such care; or (ii) the parent and person providing
care on a twenty-four-hour basis have agreed to the placement in writing and
the state is not providing any payment for the care;
(d)
Parents on a mutually cooperative basis exchange care of one another's
children;
(e)
A person, partnership, corporation, or other entity that provides placement or
similar services to exchange students or international student exchange visitors
or persons who have the care of an exchange student in their home;
(f)
Nursery schools or kindergartens which are engaged primarily in educational
work with preschool children and in which no child is enrolled on a regular
basis for more than four hours per day;
(g)
Schools, including boarding schools, which are engaged primarily in education,
operate on a definite school year schedule, follow a stated academic
curriculum, accept only school-age children and do not accept custody of
children;
(h)
Seasonal camps of three months' or less duration engaged primarily in
recreational or educational activities;
(i)
Hospitals licensed pursuant to chapter 70.41 RCW when performing functions
defined in chapter 70.41 RCW, nursing homes licensed under chapter 18.51 RCW
and boarding homes licensed under chapter 18.20 RCW;
(j)
Licensed physicians or lawyers;
(k)
Facilities providing care to children for periods of less than twenty-four
hours whose parents remain on the premises to participate in activities other
than employment;
(l)
Facilities approved and certified under chapter 71A.22 RCW;
(m)
Any agency having been in operation in this state ten years prior to June 8,
1967, and not seeking or accepting moneys or assistance from any state or
federal agency, and is supported in part by an endowment or trust fund;
(n)
Persons who have a child in their home for purposes of adoption, if the child
was placed in such home by a licensed child-placing agency, an authorized
public or tribal agency or court or if a replacement report has been filed
under chapter 26.33 RCW and the placement has been approved by the court;
(o)
An agency operated by any unit of local, state, or federal government or an
agency, located within the boundaries of a federally recognized Indian
reservation, licensed by the Indian tribe;
(p)
A maximum or medium security program for juvenile offenders operated by or
under contract with the department;
(q)
An agency located on a federal military reservation, except where the military
authorities request that such agency be subject to the licensing requirements
of this chapter.
(3)
"Department" means the state department of social and health
services.
(4)
"Juvenile" means a person under the age of twenty-one who has been
sentenced to a term of confinement under the supervision of the department
under RCW 13.40.185.
(5)
"Probationary license" means a license issued as a disciplinary
measure to an agency that has previously been issued a full license but is out
of compliance with licensing standards.
(6)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(7)
"Secretary" means the secretary of social and health services.
(8)
"Street youth" means a person under the age of eighteen who lives
outdoors or in another unsafe location not intended for occupancy by the minor
and who is not residing with his or her parent or at his or her legally
authorized residence.
(9)
"Transitional living services" means at a minimum, to the extent
funds are available, the following:
(a)
Educational services, including basic literacy and computational skills
training, either in local alternative or public high schools or in a high
school equivalency program that leads to obtaining a high school equivalency
degree;
(b)
Assistance and counseling related to obtaining vocational training or higher
education, job readiness, job search assistance, and placement programs;
(c)
Counseling and instruction in life skills such as money management, home
management, consumer skills, parenting, health care, access to community
resources, and transportation and housing options;
(d)
Individual and group counseling; and
(e)
Establishing networks with federal agencies and state and local organizations
such as the United States department of labor, employment and training
administration programs including the job training partnership act which
administers private industry councils and the job corps; vocational
rehabilitation; and volunteer programs.
