State of Washington
66th Legislature
2019 Regular Session
ByRepresentatives Goodman, Eslick, Stokesbary, Fey, Lovick, Appleton, Frame, and Tharinger
Read first time 01/17/19.Referred to Committee on Human Services & Early Learning.
AN ACT Relating to including referred and diverted youth in establishing community juvenile accountability program guidelines; amending RCW 13.40.510; adding a new section to chapter 13.40 RCW; creating a new section; and providing an expiration date.
Sec. 1. RCW 13.40.510 and 2017 3rd sp.s. c 6 s 621 are each amended to read as follows:
(1) In order to receive funds under RCW 13.40.500 through 13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the department for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of the local law and justice councils established under RCW 72.09.300;
(b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500 through 13.40.540;
(c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520.
(4) The department, in consultation with the Washington association of juvenile court administrators and the state law and justice advisory council, shall establish guidelines for programs that may be funded under RCW 13.40.500 through 13.40.540. The guidelines must:
(a) Target referred and diverted ((and))youth, as well as adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing community-based intervention strategies;
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies.
(6) For purposes of this section and sections 2 and 3 of this act, "referred youth" means a youth who:
(a) Was contacted by a law enforcement officer and the law enforcement officer has probable cause to believe that he or she has committed a crime;
(b) Was referred to a program that allows youth to enter before being diverted or charged with a juvenile offense; and
(c) Would have been diverted or charged with a juvenile offense, if not for the program to which he or she was referred.
NEW SECTION.  Sec. 2. A new section is added to chapter 13.40 RCW to read as follows:
(1) The department shall provide, in compliance with RCW 43.01.036, an annual report on December 1st to the appropriate committees of the legislature that includes a county by county description of the youth served by the programs funded under RCW 13.40.500 through 13.40.540 including the number of youth in each of those counties who were eligible for programs based on being a referred youth as defined by RCW 13.40.510.
(2) This section expires July 1, 2021.
NEW SECTION.  Sec. 3. As of the effective date of this section, the department of children, youth, and families must implement a stop loss policy when allocating funding under RCW 13.40.510. Under the stop loss policy, funding formula changes may not result in a funding loss for any juvenile court of more than two percent from one year to the next. The block grant oversight committee must establish a minimum base level of funding for juvenile courts with lower numbers of at-risk youth ten years of age and over but under eighteen years of age. The department of children, youth, and families must report, in compliance with RCW 43.01.036, to the legislature by December 1, 2019, about how funding is used for referred youth and the impact of that use on overall use of funding.
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