Juvenile Rehabilitation Institutions. On July 1, 2019, the Juvenile Rehabilitation division (JR) transferred from the Department of Social and Health Services to the Department of Children, Youth and Families (DCYF). JR operates:
These facilities provide treatment, education, and vocational services. To be eligible for community facility placement, a youth must be placed on minimum security status. Minimum security status is based on risk and behavior assessments and requires the individual served 10 percent of his or her aggregate minimum disposition or 30 days, whichever is greater, and all placement assessment requirements have been met.
Individuals who attempt to escape or escape, individuals who are eligible for civil commitment, and individuals who meet other criteria are not eligible for minimum security status.
There are eight community facilities across the state including:
Juvenile Justice Act. The Juvenile Justice Act provides a sentencing grid which uses a comparison between a seriousness level—called current offense category—and the number of prior adjudications to produce a determinate sanction ranging from local sanctions to a maximum range of confinement, from 180 weeks to until age 21 for most offenses and 129 weeks to 260 weeks for offenses subject to the A++ sentencing range. Local sanctions means 0 to 30 days in custody, one year or less on probation, 150 hours of community restitution, or a fine up to $500.
Juvenile and Adult Court Jurisdiction. Generally, juvenile court has jurisdiction over all alleged criminal offenses alleged to have been committed before an individual's eighteenth birthday. There are circumstances where adult court has jurisdiction over offenses that occurred before an accused person's 18th birthday including: discretionary decline, required decline hearing, autodecline, and when the offenses are charged after an individual turns 18 years old.
Discretionary decline is when the juvenile court declines jurisdiction for persons:
Required decline hearing is when the juvenile court declines jurisdiction following a required decline hearing when the person is charged with escape while serving a
minimum juvenile sentence to age 21.
Autodecline applies to individuals who are 16 or 17 on the date of the offense, who are charged with the following offenses and must be remanded to adult court:
Generally, juvenile offenders cannot be committed by the juvenile court beyond the offender's twenty-first birthday. Juvenile offenders adjudicated of an A++ offense, or found to be armed with a firearm and sentenced to an additional 12 months, may be committed by the juvenile court for placement in JR up to the individual's 25th birthday.
Persons With an Adult Court Sentence for Offenses Committed While Under Age 18. Persons convicted in adult court of felony offenses committed while under age 18 are initially placed in JR and are only transferred to a Department of Corrections (DOC) facility with DCYF's approval.
For these individuals, DOC determines the person's earned release date. Unless an individual in this category is transferred to DOC facility earlier, DCYF may retain custody until the individual completes a term of confinement or turns 25 years old. At age 25, the individual must either:
Community Transition Services Program. Within DCYF, community transition services program (CTS) is established, which is a therapeutic and supportive community-based custody option where:
Persons receiving CTS must access to appropriate treatment and programming as determined by DCYF, including:
Eligibility for Community Transition Services. A person is eligible for CTS if DCYF determines such placement is in the best interest of the person and the community and if the person:
DCYF may use a risk assessment tool, and consider the availability of placement, treatment, and programming in determining if such placement in CTS is in the best interest of the person and the community. This determination must include consideration of the person's behavior while in confinement and any disciplinary considerations.
Term of confinement means the term of confinement ordered, reduced by the total amount of earned time eligible for the offense.
A risk assessment tool (tool) is defined as a statistically valid tool used by DCYF to inform release or placement decisions related to security level, release within the sentencing range, community facility eligibility, CTS eligibility, and parole. The tool is used by DCYF to predict the likelihood of successful reentry and future criminal behavior.
The following persons are not eligible for CTS:
Violation of Community Transition Services' Conditions. A person who violates any condition of CTS may be taken into custody and returned to DCYF. A person who knowingly violates the terms of CTS is guilty of escape in the third degree, a misdemeanor. A person receiving CTS may participate in work, educational, community restitution, or treatment programs in the community up to 12 hours a day if approved by DCYF.
If a person receiving CTS commits a violation requiring the person to return to total confinement after the person's 25th birthday, the person must be transferred to DOC's custody and supervision for the remainder of the sentence
Notifications. DCYF must provide the same notice as required for an individual's release or transfer to a community residential facility when an individual is transferred to CTS.
If requested by the victim of the person, DCYF must give notice to the victim that CTS is being provided.
DCYF must provide notice of the implementation of the risk assessment tool to:
Rulemaking Authority and Reports. DCYF has the authority to implement CTS.
Subject to availability of appropriated funds, DCYF may issue rental vouchers for a period not exceeding six months to those transferring to CTS if an approved address cannot be obtained without the assistance of a voucher.
DCYF must:
The Washington State Institute for Public Policy must:
The committee recommended a different version of the bill than what was heard. PRO: DCYF has a risk assessment tool but it needs to be updated. There needs to be a process to make decisions and remove bias. Only 25 percent of those in DCYF JR have access to step down options, which means that 75 percent of young people spend their entire time in institutional settings. It is not the best place to practice skill building especially when we are thinking about helping young people transition back into the community. This bill gives opportunity to youth, allows them to show they are responsible, and helps them become a productive member of society. This bill does not shorten anyone's sentence or lessen their time. Community transition services program provides a step down process that would help youth avoid prison while laying a strong foundation that will help them get a successful head start to transitioning back into the community.
OTHER: In existing law, electronic home monitoring has a cap as it applies to only those 25 to 26 year olds. In the current bill, there is no cap and a long-term supervision has been shown as not necessarily helpful. There should be a cap on that number, such as 12 months, as it would be a balance taking into account the victims as well. Also, there is a request to include the Washington State Juvenile Court Administrators to the stakeholder group created under this bill.
PRO: Having access to classes and programs on a regular basis can be very beneficial and would have a true return on investment due to reduced recidivism. Placing people in the community to allow for a transition would be a great opportunity for individuals to safely enter communities and to avoid interactions with people that they should not, it is particularly beneficial to people of color. Having a step-down process after leaving the institution gives young people a head-start on entering back into the community. This investment will save money in the long run by saving on the cost of having youth locked up due to reduced recidivism.
OTHER: Support the overall policy goal of the bill but have some concerns that there is not a cap on the time that can be served in community transition. Certain sentences can be quite long and spending too long in transition can be ultimately harmful.