BILL REQ. #: H-3658.1
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/28/14. Referred to Committee on Early Learning & Human Services.
AN ACT Relating to allowing youthful offenders who complete their sentences prior to age twenty-one equal access to a full continuum of rehabilitative and reentry services; and amending RCW 9.94A.728, 13.40.020, 13.40.110, 72.01.410, and 72.05.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9.94A.728 and 2010 c 224 s 6 are each amended to read
as follows:
No person serving a sentence imposed pursuant to this chapter and
committed to the custody of the department shall leave the confines of
the correctional facility or be released prior to the expiration of the
sentence except as follows:
(1) An offender may earn early release time as authorized by RCW
9.94A.729;
(2) An offender may leave a correctional facility pursuant to an
authorized furlough or leave of absence. In addition, offenders may
leave a correctional facility when in the custody of a corrections
officer or officers;
(3)(a) The secretary may authorize an extraordinary medical
placement for an offender when all of the following conditions exist:
(i) The offender has a medical condition that is serious and is
expected to require costly care or treatment;
(ii) The offender poses a low risk to the community because he or
she is currently physically incapacitated due to age or the medical
condition or is expected to be so at the time of release; and
(iii) It is expected that granting the extraordinary medical
placement will result in a cost savings to the state.
(b) An offender sentenced to death or to life imprisonment without
the possibility of release or parole is not eligible for an
extraordinary medical placement.
(c) The secretary shall require electronic monitoring for all
offenders in extraordinary medical placement unless the electronic
monitoring equipment interferes with the function of the offender's
medical equipment or results in the loss of funding for the offender's
medical care, in which case, an alternative type of monitoring shall be
utilized. The secretary shall specify who shall provide the monitoring
services and the terms under which the monitoring shall be performed.
(d) The secretary may revoke an extraordinary medical placement
under this subsection at any time.
(e) Persistent offenders are not eligible for extraordinary medical
placement;
(4) The governor, upon recommendation from the clemency and pardons
board, may grant an extraordinary release for reasons of serious health
problems, senility, advanced age, extraordinary meritorious acts, or
other extraordinary circumstances;
(5) No more than the final six months of the offender's term of
confinement may be served in partial confinement designed to aid the
offender in finding work and reestablishing himself or herself in the
community or no more than the final twelve months of the offender's
term of confinement may be served in partial confinement as part of the
parenting program in RCW 9.94A.6551. This is in addition to that
period of earned early release time that may be exchanged for partial
confinement pursuant to RCW 9.94A.729(5)(d). Offenders residing in a
juvenile correctional facility placement pursuant to RCW 72.01.410(1)
are not subject to the limitations in this section;
(6) The governor may pardon any offender;
(7) The department may release an offender from confinement any
time within ten days before a release date calculated under this
section;
(8) An offender may leave a correctional facility prior to
completion of his or her sentence if the sentence has been reduced as
provided in RCW 9.94A.870; and
(9) Notwithstanding any other provisions of this section, an
offender sentenced for a felony crime listed in RCW 9.94A.540 as
subject to a mandatory minimum sentence of total confinement shall not
be released from total confinement before the completion of the listed
mandatory minimum sentence for that felony crime of conviction unless
allowed under RCW 9.94A.540.
Sec. 2 RCW 13.40.020 and 2012 c 201 s 1 are each amended to read
as follows:
For the purposes of this chapter:
(1) "Community-based rehabilitation" means one or more of the
following: Employment; attendance of information classes; literacy
classes; counseling, outpatient substance abuse treatment programs,
outpatient mental health programs, anger management classes, education
or outpatient treatment programs to prevent animal cruelty, or other
services; or attendance at school or other educational programs
appropriate for the juvenile as determined by the school district.
Placement in community-based rehabilitation programs is subject to
available funds;
(2) "Community-based sanctions" may include one or more of the
following:
(a) A fine, not to exceed five hundred dollars;
(b) Community restitution not to exceed one hundred fifty hours of
community restitution;
(3) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender as punishment for committing an offense. Community
restitution may be performed through public or private organizations or
through work crews;
(4) "Community supervision" means an order of disposition by the
court of an adjudicated youth not committed to the department or an
order granting a deferred disposition. A community supervision order
for a single offense may be for a period of up to two years for a sex
offense as defined by RCW 9.94A.030 and up to one year for other
offenses. As a mandatory condition of any term of community
supervision, the court shall order the juvenile to refrain from
committing new offenses. As a mandatory condition of community
supervision, the court shall order the juvenile to comply with the
mandatory school attendance provisions of chapter 28A.225 RCW and to
inform the school of the existence of this requirement. Community
supervision is an individualized program comprised of one or more of
the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(d) Posting of a probation bond;
(5) "Confinement" means physical custody by the department of
social and health services in a facility operated by or pursuant to a
contract with the state, or physical custody in a detention facility
operated by or pursuant to a contract with any county. The county may
operate or contract with vendors to operate county detention
facilities. The department may operate or contract to operate
detention facilities for juveniles committed to the department.
Pretrial confinement or confinement of less than thirty-one days
imposed as part of a disposition or modification order may be served
consecutively or intermittently, in the discretion of the court;
(6) "Court," when used without further qualification, means the
juvenile court judge(s) or commissioner(s);
(7) "Criminal history" includes all criminal complaints against the
respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent
is convicted of two or more charges arising out of the same course of
conduct, only the highest charge from among these shall count as an
offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to
the provisions of this chapter on agreement of the respondent and after
an advisement to the respondent that the criminal complaint would be
considered as part of the respondent's criminal history. A
successfully completed deferred adjudication that was entered before
July 1, 1998, or a deferred disposition shall not be considered part of
the respondent's criminal history;
(8) "Department" means the department of social and health
services;
(9) "Detention facility" means a county facility, paid for by the
county, for the physical confinement of a juvenile alleged to have
committed an offense or an adjudicated offender subject to a
disposition or modification order. "Detention facility" includes
county group homes, inpatient substance abuse programs, juvenile basic
training camps, and electronic monitoring;
(10) "Diversion unit" means any probation counselor who enters into
a diversion agreement with an alleged youthful offender, or any other
person, community accountability board, youth court under the
supervision of the juvenile court, or other entity except a law
enforcement official or entity, with whom the juvenile court
administrator has contracted to arrange and supervise such agreements
pursuant to RCW 13.40.080, or any person, community accountability
board, or other entity specially funded by the legislature to arrange
and supervise diversion agreements in accordance with the requirements
of this chapter. For purposes of this subsection, "community
accountability board" means a board comprised of members of the local
community in which the juvenile offender resides. The superior court
shall appoint the members. The boards shall consist of at least three
and not more than seven members. If possible, the board should include
a variety of representatives from the community, such as a law
enforcement officer, teacher or school administrator, high school
student, parent, and business owner, and should represent the cultural
diversity of the local community;
(11) "Foster care" means temporary physical care in a foster family
home or group care facility as defined in RCW 74.15.020 and licensed by
the department, or other legally authorized care;
(12) "Institution" means a juvenile facility established pursuant
to chapters 72.05 and 72.16 through 72.20 RCW;
(13) "Intensive supervision program" means a parole program that
requires intensive supervision and monitoring, offers an array of
individualized treatment and transitional services, and emphasizes
community involvement and support in order to reduce the likelihood a
juvenile offender will commit further offenses;
(14) "Juvenile," "youth," and "child" mean any individual who is
under the chronological age of eighteen years and who has not been
previously transferred to adult court pursuant to RCW 13.40.110, unless
the individual was convicted of a lesser charge or acquitted of the
charge for which he or she was previously transferred pursuant to RCW
13.40.110 or who is not otherwise under adult court jurisdiction, or
who is serving an adult sentence with the department of social and
health services pursuant to RCW 72.01.410(1);
(15) "Juvenile offender" means any juvenile who has been found by
the juvenile court to have committed an offense, including a person
eighteen years of age or older over whom jurisdiction has been extended
under RCW 13.40.300, or who is serving an adult sentence with the
department of social and health services pursuant to RCW 72.01.410(1);
(16) "Labor" means the period of time before a birth during which
contractions are of sufficient frequency, intensity, and duration to
bring about effacement and progressive dilation of the cervix;
(17) "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c)
0-150 hours of community restitution; or (d) $0-$500 fine;
(18) "Manifest injustice" means a disposition that would either
impose an excessive penalty on the juvenile or would impose a serious,
and clear danger to society in light of the purposes of this chapter;
(19) "Monitoring and reporting requirements" means one or more of
the following: Curfews; requirements to remain at home, school, work,
or court-ordered treatment programs during specified hours;
restrictions from leaving or entering specified geographical areas;
requirements to report to the probation officer as directed and to
remain under the probation officer's supervision; and other conditions
or limitations as the court may require which may not include
confinement;
(20) "Offense" means an act designated a violation or a crime if
committed by an adult under the law of this state, under any ordinance
of any city or county of this state, under any federal law, or under
the law of another state if the act occurred in that state;
(21) "Physical restraint" means the use of any bodily force or
physical intervention to control a juvenile offender or limit a
juvenile offender's freedom of movement in a way that does not involve
a mechanical restraint. Physical restraint does not include momentary
periods of minimal physical restriction by direct person-to-person
contact, without the aid of mechanical restraint, accomplished with
limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would
result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave
the area voluntarily; or
(c) Guide a juvenile offender from one location to another;
(22) "Postpartum recovery" means (a) the entire period a woman or
youth is in the hospital, birthing center, or clinic after giving birth
and (b) an additional time period, if any, a treating physician
determines is necessary for healing after the youth leaves the
hospital, birthing center, or clinic;
(23) "Probation bond" means a bond, posted with sufficient security
by a surety justified and approved by the court, to secure the
offender's appearance at required court proceedings and compliance with
court-ordered community supervision or conditions of release ordered
pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of
cash or posting of other collateral in lieu of a bond if approved by
the court;
(24) "Respondent" means a juvenile who is alleged or proven to have
committed an offense;
(25) "Restitution" means financial reimbursement by the offender to
the victim, and shall be limited to easily ascertainable damages for
injury to or loss of property, actual expenses incurred for medical
treatment for physical injury to persons, lost wages resulting from
physical injury, and costs of the victim's counseling reasonably
related to the offense. Restitution shall not include reimbursement
for damages for mental anguish, pain and suffering, or other intangible
losses. Nothing in this chapter shall limit or replace civil remedies
or defenses available to the victim or offender;
(26) "Restorative justice" means practices, policies, and programs
informed by and sensitive to the needs of crime victims that are
designed to encourage offenders to accept responsibility for repairing
the harm caused by their offense by providing safe and supportive
opportunities for voluntary participation and communication between the
victim, the offender, their families, and relevant community members;
(27) "Restraints" means anything used to control the movement of a
person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons;
(28) "Secretary" means the secretary of the department of social
and health services. "Assistant secretary" means the assistant
secretary for juvenile rehabilitation for the department;
(29) "Services" means services which provide alternatives to
incarceration for those juveniles who have pleaded or been adjudicated
guilty of an offense or have signed a diversion agreement pursuant to
this chapter;
(30) "Sex offense" means an offense defined as a sex offense in RCW
9.94A.030;
(31) "Sexual motivation" means that one of the purposes for which
the respondent committed the offense was for the purpose of his or her
sexual gratification;
(32) "Surety" means an entity licensed under state insurance laws
or by the state department of licensing, to write corporate, property,
or probation bonds within the state, and justified and approved by the
superior court of the county having jurisdiction of the case;
(33) "Transportation" means the conveying, by any means, of an
incarcerated pregnant youth from the institution or detention facility
to another location from the moment she leaves the institution or
detention facility to the time of arrival at the other location, and
includes the escorting of the pregnant incarcerated youth from the
institution or detention facility to a transport vehicle and from the
vehicle to the other location;
(34) "Violation" means an act or omission, which if committed by an
adult, must be proven beyond a reasonable doubt, and is punishable by
sanctions which do not include incarceration;
(35) "Violent offense" means a violent offense as defined in RCW
9.94A.030;
(36) "Youth court" means a diversion unit under the supervision of
the juvenile court.
Sec. 3 RCW 13.40.110 and 2009 c 454 s 3 are each amended to read
as follows:
(1) Discretionary decline hearing - The prosecutor, respondent, or
the court on its own motion may, before a hearing on the information on
its merits, file a motion requesting the court to transfer the
respondent for adult criminal prosecution and the matter shall be set
for a hearing on the question of declining jurisdiction.
(2) Mandatory decline hearing - Unless waived by the court, the
parties, and their counsel, a decline hearing shall be held when:
(a) The respondent is sixteen or seventeen years of age and the
information alleges a class A felony or an attempt, solicitation, or
conspiracy to commit a class A felony;
(b) The respondent is seventeen years of age and the information
alleges assault in the second degree, extortion in the first degree,
indecent liberties, child molestation in the second degree, kidnapping
in the second degree, or robbery in the second degree; or
(c) The information alleges an escape by the respondent and the
respondent is serving a minimum juvenile sentence to age twenty-one.
(3) The court after a decline hearing may order the case
transferred for adult criminal prosecution upon a finding that the
declination would be in the best interest of the juvenile or the
public. The court shall consider the relevant reports, facts,
opinions, and arguments presented by the parties and their counsel.
(4) When the respondent is transferred for criminal prosecution or
retained for prosecution in juvenile court, the court shall set forth
in writing its finding which shall be supported by relevant facts and
opinions produced at the hearing.
(5) When the respondent is transferred to adult criminal court and
is sentenced to a term of confinement the respondent shall be committed
to the custody of the department of social and health services until
such time as the juvenile completes the ordered term of confinement or
arrives at the age of twenty-one years, whereupon the juvenile shall be
committed to the custody of the department of corrections.
Sec. 4 RCW 72.01.410 and 2002 c 171 s 1 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)), that child shall be placed in a facility or institution
operated by the department of social and health services for the
treatment and rehabilitation of juvenile offenders, or to such other
facility or institution as is now, or may hereafter be authorized by
law to receive such child, until such time as the child completes the
ordered term of confinement or arrives at the age of twenty-one years,
whereupon the child shall be ((returned)) transferred to the
((institution of original commitment)) custody of the department of
corrections. ((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) If the child is anticipated to complete his or her sentence
before arriving at the age of twenty-one years, the child shall have
the same treatment, housing options, transfer, and access to program
resources as any other child committed directly to that juvenile
correctional facility or institution pursuant to chapter 13.40 RCW.
(3)(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)) transferred from a juvenile
rehabilitation operated facility or institution to serve the remainder
of 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 transferred from a juvenile rehabilitation operated
facility or institution and 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. 5 RCW 72.05.020 and 2010 c 181 s 7 are each amended to read
as follows:
As used in this chapter, unless the context requires otherwise:
(1) "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.
(2) "Department" means the department of social and health
services.
(3) "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, or who is serving an adult sentence
with the department of social and health services pursuant to RCW
72.01.410(1).
(4) "Labor" means the period of time before a birth during which
contractions are of sufficient frequency, intensity, and duration to
bring about effacement and progressive dilation of the cervix.
(5) "Physical restraint" means the use of any bodily force or
physical intervention to control an offender or limit a juvenile
offender's freedom of movement in a way that does not involve a
mechanical restraint. Physical restraint does not include momentary
periods of minimal physical restriction by direct person-to-person
contact, without the aid of mechanical restraint, accomplished with
limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would
result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave
the area voluntarily; or
(c) Guide a juvenile offender from one location to another.
(6) "Postpartum recovery" means (a) the entire period a youth is in
the hospital, birthing center, or clinic after giving birth and (b) an
additional time period, if any, a treating physician determines is
necessary for healing after the youth leaves the hospital, birthing
center, or clinic.
(7) "Restraints" means anything used to control the movement of a
person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal
handcuffs, plastic ties, ankle restraints, leather cuffs, other
hospital-type restraints, tasers, or batons.
(8) "Service provider" means the entity that operates a community
facility.
(9) "Transportation" means the conveying, by any means, of an
incarcerated pregnant woman or youth from the institution or community
facility to another location from the moment she leaves the institution
or community facility to the time of arrival at the other location, and
includes the escorting of the pregnant incarcerated woman or youth from
the institution or community facility to a transport vehicle and from
the vehicle to the other location.