PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Juvenile Rehabilitation Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-10-063.
Title of Rule: WAC 388-740-0010, this section addresses the due process for the purpose of the juvenile parole revocation.
Purpose: To provide due process requirements for juvenile parolees undergoing the revocation process.
Statutory Authority for Adoption: RCW 13.40.020, 13.24.010.
Statute Being Implemented: RCW 13.40.020, 13.24.010.
Summary: The current rule does not distinguish detention to be in Washington state or otherwise. The term detention is used to describe the period of time that a parole absconder is incarcerated before the completion of the due process required for revocation. It is not possible to meet the timelines for due process if the offender is not in our custody in Washington. Consequently, it is not possible to complete a revocation on a youth when the youth is out of state without distinguishing detention as being in Washington state. This rule change is for making that distinction.
Reasons Supporting Proposal: See above.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jeff Patnode, Juvenile Rehabilitation Administration Headquarters, 14th and Jefferson Street, P.O. Box 45725, Olympia, WA 98504-5720, (360) 902-8095.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: A definition of "detention" is added to chapter 388-740 WAC. This addition clearly states that a juvenile parolee will be detained in Washington state before the requirements for parole revocation due process are applicable. Without this definition, Juvenile Rehabilitation Administration (JRA) will not be able to protect the public or hold juvenile offenders accountable when they have been detained in other states. The addition simply permits JRA to continue to apply the revocation rules as we have done prior to the recent ruling from the Office of Administrative Hearings.
Proposal Changes the Following Existing Rules: The proposed change adds a definition for detention in WAC 275-30-010.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change should not have a fiscal impact.
RCW 34.05.328 does not apply to this rule adoption. This rule does not meet the definition of a significant legislative rule because it only relates to intergovernmental operations.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on July 25, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Fred Swenson by July 14, 2000, phone (360) 664-6097, TTY (360) 664-6178, e-mail swensfh@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, by July 25, 2000.
Date of Intended Adoption: July 26, 2000.
June 16, 2000
Edith M. Rice, Chief
Office of Legal Affairs
2737.2"Department" means the department of social and health services.
"Detention" means physical custody in Washington state by the department of social and health services in a juvenile rehabilitation administration operated or contracted facility or a Washington state detention facility as defined in RCW 13.40.020(9).
"Juvenile parole officer" means a state employee, or person under contract to the state, whose responsibilities include supervising juvenile parolees.
"Juvenile parolee" means a person under age twenty-one released from a juvenile rehabilitation administration residential facility and placed under the supervision of a juvenile parole officer.
"Modification of parole conditions" means a change in the "order of parole conditions" provided by the juvenile parole officer with full knowledge of the change by the juvenile parolee.
"Parole" means a period of supervision following release from a juvenile rehabilitation administration residential facility, during which time certain parole conditions are to be followed.
"Parole conditions" mean interventions or expectations that include, but are not limited to, those listed in RCW 13.40.210, intended to facilitate the juvenile parolee's reintegration into the community and/or to reduce the likelihood of reoffending.
"Secretary" means secretary of the department of social and health services or his/her designee.
"Violation" means behavior by a juvenile parolee contrary to written parole conditions which may result in sanctions that include, but are not limited to, modification of parole conditions and/or confinement.
[Statutory Authority: RCW 72.01.090, 72.05.130 and 13.40.210. 99-03-077, § 275-30-010, filed 1/19/99, effective 2/19/99. Statutory Authority: RCW 13.40.210. 88-20-083 (Order 2709), § 275-30-010, filed 10/5/88.]
The following section of the Washington Administrative Code,
as amended, is recodified as follows:
| Old WAC Number | New WAC Number |
| 275-30-010 | 388-740-0010 |
The following sections of the Washington Administrative Code
are recodified as follows:
| Old WAC Number | New WAC Number |
| 275-30-030 | 388-740-0030 |
| 275-30-040 | 388-740-0040 |
| 275-30-060 | 388-740-0060 |
| 275-30-070 | 388-740-0070 |