ESSB 5719 -
By Committee on Juvenile Justice & Family Law
ADOPTED AS AMENDED 04/11/2005
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.40.169 and 2003 c 378 s 5 are each amended to read
as follows:
((Any charter county with a population of not more than seventy
thousand shall establish a pilot program to implement the community
commitment disposition alternative contained in this section. The
pilot project shall be limited to five beds.))
(1) ((When)) Any county or group of cooperating counties within
close proximity may establish a program to implement the community
commitment disposition alternative under this section. A program
established by a county or group of cooperating counties shall be
limited to ten beds. A court in a county that has established a
program under this section or has entered an agreement with other
counties to establish such a program may impose a community commitment
disposition alternative as provided in this section.
(2) The court may impose a community commitment disposition
alternative sentence if the court finds the following:
(a) The offender is subject to a standard range commitment of 15 to
36 weeks ((and));
(b) The offender is ineligible for a suspended disposition
alternative, a manifest injustice disposition below the standard range,
special sex offender disposition alternative, chemical dependency
disposition alternative, or mental health disposition alternative((,
the court in a county with a pilot program under this section may
impose a community commitment disposition alternative and:));
(c) The offender is appropriate for the community commitment
disposition alternative considering the youth's offense, prior criminal
history, security classification, risk level, treatment needs, and
history; and
(d) One of the following factors exists:
(i) Placement in a local detention facility in close proximity to
the youth's family or local support systems will facilitate a smoother
reintegration to the youth's family and community;
(ii) Placement in the local detention facility will allow the youth
to benefit from locally provided family intervention programs, other
research-based treatment programs, school, employment, or drug and
alcohol or mental health counseling; or
(iii) Confinement in a facility operated by the department would
result in a negative disruption to local services, school, or
employment or impede or delay developing those services and support
systems in the community.
(3) If the court imposes a community commitment disposition
alternative sentence, the court may:
(a) ((Retain juvenile court jurisdiction over the youth;)) Confine the youth in a secure county detention facility ((
(b)for
a period of time not to exceed thirty days)), or an alternative to
secure county detention pursuant to subsection (5) of this section; and
(((c))) (b) Impose a term of postrelease community supervision for
up to one year that includes a reintegration program as defined in
subsection (4) of this section.
((If the youth receives a standard range disposition, the court
shall set the release date within the standard range. The court shall
determine the release date prior to expiration of sixty percent of the
juvenile's minimum term of confinement.))
(2) The court may impose this community commitment disposition
alternative if the court finds the following:
(a) Placement in a local detention facility in close proximity to
the youth's family or local support systems will facilitate a smoother
reintegration to the youth's family and community;
(b) Placement in the local detention facility will allow the youth
to benefit from locally provided family intervention programs and other
research-based treatment programs, school, employment, and drug and
alcohol or mental health counseling; or
(c) Confinement in a facility operated by the department would
result in a negative disruption to local services, school, or
employment or impede or delay developing those services and support
systems in the community.
(3) The court shall consider the youth's offense, prior criminal
history, security classification, risk level, and treatment needs and
history when determining whether the youth is appropriate for the
community commitment disposition alternative. If the court finds that
a community commitment disposition alternative is appropriate, the
court shall order the youth into secure detention while the details of
the reintegration program are developed.
(4) ((Upon approval of the treatment and community reintegration
plan)) (a) The community commitment disposition alternative sentence
shall include a treatment and community reintegration plan designed to
address the needs of the juvenile that is approved by the court. The
reintegration plan under this section shall include delivery of
programs which meet the Washington state institute for public policy's
effectiveness standards for juvenile accountability programs; and
(b) If the court finds that a community commitment disposition
alternative is appropriate, the court shall order the youth into secure
county detention while the details of the reintegration program are
developed.
(5) If the court orders a sentence under this section, the court
may order the youth to serve the term of confinement in one or more of
the following placements or combination of placements: Secure county
detention, an alternative to secure county detention such as electronic
home monitoring, county group care, day or evening reporting, or home
detention. The court may order the youth to serve time in detention on
weekends or intermittently. The court shall set periodic reviews to
review the youth's progress in the program. ((At least fifty percent))
No more than a total of thirty days of the term of confinement shall be
served in secure county detention.
(((5))) (6)(a) If the youth violates the conditions of the
community commitment program, the court may impose sanctions under RCW
13.40.200 or modify the terms of the reintegration plan and order the
youth to serve all or a portion of ((the remaining confinement term))
any remaining thirty total days of confinement permitted under the
disposition alternative in secure county detention or another
alternative to secure county detention as described in subsection (5)
of this section.
(b) If the youth violates the terms of the disposition alternative
a second time, the court shall revoke the community commitment
disposition alternative and order the disposition's execution, with
credit for time served, at a facility operated by the juvenile
rehabilitation administration of the department of social and health
services.
(c) Except for a youth transferred to a facility operated by the
juvenile rehabilitation administration, time not spent in secure county
detention may be served in one of the alternative placements described
in subsection (5) of this section. The court shall consider the
youth's risk level in selecting alternative placements.
(((6))) (7) A county may enter into interlocal agreements with
other counties to develop joint community commitment programs or to
allow one county to send a youth appropriate for this alternative to
another county that has a community commitment program.
(((7))) (8) Implementation of this alternative is subject to
available state funding for the costs of the community commitment
program, including costs of detention ((and community)), supervision,
treatment programs, and administration.
(9) Each county or group of cooperating counties establishing a
program to implement the community commitment disposition alternative
under this act shall provide an interim report on a program to the
Washington association of juvenile court administrators by November 1,
2006, and a final report by May 1, 2007. Each report shall include,
but is not limited to, the number of offenders eligible for the
program, the number of offenders sentenced to the program, evaluation
and treatment costs for each participant, administrative costs, costs
of detention, supervision, and other related costs, and whether an
offender has reoffended after participation in the program. The
Washington association of juvenile court administrators shall submit an
interim report ((on)) analyzing the data submitted by each of the
((pilot)) programs established in this section to the legislature and
appropriate committees by December 31, ((2004)) 2006, and submit a
final report to the legislature and the appropriate committees by June
30, ((2005)) 2007.
((This section expires July 1, 2005.))
NEW SECTION. Sec. 2 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
July 1, 2005."
Correct the title.
EFFECT: Removes the language stating that the juvenile court may
retain jurisdiction under the disposition alternative.
Clarifies that the juvenile may only be held in secure detention
for a total of 30 days.
Changes the requirements for revocation to state that the court
must revoke the disposition alternative if the juvenile violates the
terms of the disposition a second time.
Reorganizes provisions to place the sections that deal with one
another in the same subsections.