AN
ACT Relating to children offenders; amending RCW 72.01.410 and 13.40.040; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
72.01.410 and 1997 c 338 s 41 are each amended to read as follows:
(1)
Whenever any child under the age of eighteen is convicted in the courts of this
state of a crime amounting to a felony, and is committed for a term of
confinement in a correctional institution wherein adults are confined, the
secretary of corrections, after making an independent assessment and evaluation
of the child and determining that the needs and correctional goals for the
child could better be met by the programs and housing environment provided by
the juvenile correctional institution, with the consent of the secretary of
social and health services, may transfer such child to a juvenile correctional
institution, or to such other institution as is now, or may hereafter be
authorized by law to receive such child, until such time as the child arrives
at the age of twenty-one years, whereupon the child shall be returned to the
institution of original commitment. Retention within a juvenile detention
facility or return to an adult correctional facility shall regularly be
reviewed by the secretary of corrections and the secretary of social and health
services with a determination made based on the level of maturity and
sophistication of the individual, the behavior and progress while within the
juvenile detention facility, security needs, and the program/treatment
alternatives which would best prepare the individual for a successful return to
the community. Notice of such transfers shall be given to the clerk of the
committing court and the parents, guardian, or next of kin of such child, if
known.
(2)(a)
Except as provided in (b) and (c) of this subsection, an offender under
the age of eighteen who is convicted in adult criminal court and who is
committed to a term of confinement at the department of corrections must be
placed in a housing unit, or a portion of a housing unit, that is separated
from offenders eighteen years of age or older, until the offender reaches the
age of eighteen.
(b)
An offender who reaches eighteen years of age may remain in a housing unit
for offenders under the age of eighteen if the secretary of corrections determines
that: (i) The offender's needs and the correctional goals for the offender
could continue to be better met by the programs and housing environment that is
separate from offenders eighteen years of age and older; and (ii) the programs
or housing environment for offenders under the age of eighteen will not be
substantially affected by the continued placement of the offender in that
environment. The offender may remain placed in a housing unit for offenders
under the age of eighteen until such time as the secretary of corrections
determines that the offender's needs and correctional goals are no longer
better met in that environment but in no case past the offender's twenty-first
birthday.
(c)
An offender under the age of eighteen may be housed in an intensive management
unit or administrative segregation unit containing offenders eighteen years of
age or older if it is necessary for the safety or security of the offender or
staff. In these cases, the offender shall be kept physically separate from other
offenders at all times.
Sec.
2. RCW
13.40.040 and 1999 c 167 s 2 are each amended to read as follows:
(1)
A juvenile may be taken into custody:
(a)
Pursuant to a court order if a complaint is filed with the court alleging, and
the court finds probable cause to believe, that the juvenile has committed an
offense or has violated terms of a disposition order or release order; or
(b)
Without a court order, by a law enforcement officer if grounds exist for the
arrest of an adult in identical circumstances. Admission to, and continued
custody in, a court detention facility shall be governed by subsection (2) of
this section; or
(c)
Pursuant to a court order that the juvenile be held as a material witness; or
(d)
Where the secretary or the secretary's designee has suspended the parole of a
juvenile offender.
(2)
A juvenile may not be held in detention unless there is probable cause to
believe that:
(a)
The juvenile has committed an offense or has violated the terms of a disposition
order; and
(i)
The juvenile will likely fail to appear for further proceedings; or
(ii)
Detention is required to protect the juvenile from himself or herself; or
(iii)
The juvenile is a threat to community safety; or
(iv)
The juvenile will intimidate witnesses or otherwise unlawfully interfere with
the administration of justice; or
(v)
The juvenile has committed a crime while another case was pending; or
(b)
The juvenile is a fugitive from justice; or
(c)
The juvenile's parole has been suspended or modified; or
(d)
The juvenile is a material witness.
(3)
Notwithstanding subsection (2) of this section, and within available funds,
a juvenile who has been found guilty of one of the following offenses shall be
detained pending disposition: Rape in the first or second degree (RCW
9A.44.040 and 9A.44.050); or rape of a child in the first degree (RCW
9A.44.073).
(4)
Upon a finding that members of the community have threatened the health of a
juvenile taken into custody, at the juvenile's request the court may order
continued detention pending further order of the court.
(((4)))
(5) Except as provided in RCW 9.41.280, a juvenile detained under this
section may be released upon posting a probation bond set by the court. The
juvenile's parent or guardian may sign for the probation bond. A court
authorizing such a release shall issue an order containing a statement of
conditions imposed upon the juvenile and shall set the date of his or her next
court appearance. The court shall advise the juvenile of any conditions
specified in the order and may at any time amend such an order in order to
impose additional or different conditions of release upon the juvenile or to
return the juvenile to custody for failing to conform to the conditions
imposed. In addition to requiring the juvenile to appear at the next court
date, the court may condition the probation bond on the juvenile's compliance
with conditions of release. The juvenile's parent or guardian may notify the
court that the juvenile has failed to conform to the conditions of release or
the provisions in the probation bond. If the parent notifies the court of the
juvenile's failure to comply with the probation bond, the court shall notify
the surety. As provided in the terms of the bond, the surety shall provide
notice to the court of the offender's noncompliance. A juvenile may be
released only to a responsible adult or the department of social and health
services. Failure to appear on the date scheduled by the court pursuant to
this section shall constitute the crime of bail jumping.
NEW
SECTION. Sec. 3. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
