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                                          ENGROSSED SENATE BILL NO. 3176

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                                                                            C 287 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Granlund, Kiskaddon, Kreidler and Stratton; by Department of Social and Health Services request

Read first time 1/21/85 and referred to Committee on Human Services and Corrections.

AN ACT Relating to the release of juvenile offenders from residential facilities; and amending RCW 13.40.210.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 75, chapter 291, Laws of 1977 ex. sess. as last amended by section 11, chapter 191, Laws of 1983 and RCW 13.40.210 are each amended to read as follows:

          (1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, as now or hereafter amended, set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed.  Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.  The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter:  PROVIDED, That days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

          (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities.  When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may((, until June 30, 1985,)) recommend reductions to the governor.  On certification by the governor that the recommended reductions are necessary, the secretary ((may have temporary)) has authority ((until June 30, 1985,)) to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity.  The secretary shall release those offenders who have served the greatest proportion of their sentence.  However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society.  The department shall notify the committing court of the release and notify each member of the legislature at the end of each calendar year if any such early releases have occurred during that year as a result of excessive in-residence population. In no event shall a serious offender, as defined in RCW 13.40.020(1) be granted release under the provisions of this subsection.

          (3) Following the juvenile's release pursuant to subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months.  Such a parole program shall be mandatory for offenders released under subsection (2) of this section.  The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal may require the juvenile to:  (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address; and (e) refrain from committing new offenses.  After termination of the parole period, the juvenile shall be discharged from the department's supervision.

           (4) The department may also modify parole for violation thereof.  If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public:  (a) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; and (d) imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision.

           (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest such person.

                                                                                                                      Passed the Senate February 12, 1985.

                                                                                                                                       President of the Senate.

                                                                                                                           Passed the House April 24, 1985.

                                                                                                                                         Speaker of the House.