WSR 99-03-077

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES

(Juvenile Rehabilitation Administration)

[Filed January 19, 1999, 3:36 p.m.]



Date of Adoption: January 19, 1999.

Purpose: Chapter 275-30 WAC, Juvenile parole revocation, establishes standards for the Juvenile Rehabilitation Administration (JRA) parole revocation process as authorized in RCW 13.40.210. The rules are amended to include revocation requirements associated with possession of firearms or use of deadly weapons; and to meet regulatory improvement requirements by streamlining the revocation process through the consolidation of forms, eliminating the need for unnecessary petition files, and improving clarity of procedural expectations which results in the repeal of two WACs. Form consolidation also allows development of a "parole arrest warrant" which can be more easily recognized by law enforcement.

Citation of Existing Rules Affected by this Order: Repealing WAC 275-30-050 and 275-30-080; and amending WAC 275-30-010, 275-30-030, 275-30-040, 275-30-060, and 275-30-070.

Statutory Authority for Adoption: RCW 72.01.090, 72.05.130, 13.40.210.

Adopted under notice filed as WSR 98-22-100 on November 4, 1998.

Changes Other than Editing from Proposed to Adopted Version: WAC 275-30-040 (2)(d)(e)(f) added to clarify what information is on the petition form; subsection (3) requires an "initial" copy of the petition be "provided" to the juvenile parolee, attorney, and parents/guardian (service of the petition does not occur until it is determined a hearing will be held ensuring the juvenile parolee/attorney receive the fully completed petition prior to the hearing; subsection (6) added to clarify what information the filed petition must contain, the conditions of service of the petition, and the requirement for the parent/guardian to be provided with a copy if reasonably possible. WAC 275-30-060(1) requires hearings held on nondetained parolees to be conducted no later than fourteen days after petition service; subsection (3)(a) adds "except as otherwise indicated in these rules" to comply with chapter 10-08 WAC. Chapter 275-30 WAC varies from chapter 10-08 WAC in terms of hearing timeframes and appointment of ALJs. This variance is necessary to meet statutory requirements for hearings, afford detained juvenile parolees liberty rights, and provide objective due process. WAC 275-30-070 (3)(b) added to include other provisions of RCW 13.40.210 due to potential expansion.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 2, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 2.

Effective Date of Rule: Thirty-one days after filing.

January 19, 1999

Marie Myerchin-Redifer, Manager

Rules and Policies Assistance Unit

SHS-2491.7

AMENDATORY SECTION (Amending Order 2709, filed 10/5/88)



WAC 275-30-010  Definitions. (((1))) "Department" means the department of social and health services.

(((2))) "Juvenile parole officer" means a state employee, or person under contract to the state, whose responsibilities include supervising ((juveniles on parole)) juvenile parolees.

(((3))) "Juvenile parolee" means a person under age twenty-one released from a juvenile ((correctional)) rehabilitation administration residential facility and placed under the supervision of a juvenile parole officer.

(((4))) "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.

(((5))) "Parole" means a period of supervision following release from a juvenile ((correctional)) rehabilitation administration residential facility, during which time certain parole conditions ((must)) are to be ((adhered to or consequences from a predetermined list may be invoked)) followed.

(((6))) "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 ((or))/her designee.

(((7))) "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 13.40.210. 88-20-083 (Order 2709), 275-30-010, filed 10/5/88.]



AMENDATORY SECTION (Amending Order 2709, filed 10/5/88)



WAC 275-30-030  Parole ((suspension,)) arrest((, and detention)) warrant. (1) ((When)) A juvenile parole officer ((believes)):

(a) Must issue a parole arrest warrant when the juvenile parole officer has reason to believe a juvenile parolee ((has violated a condition of parole, the officer may issue an order of parole suspension, arrest, and detention if:

(a) The juvenile parolee poses an imminent danger to himself or herself or other persons)) possessed a firearm or used a deadly weapon during the parole period; or

(b) ((The)) May issue a parole arrest warrant when the juvenile parole officer has reason to believe a juvenile parolee ((is unlikely to voluntarily appear at a parole revocation hearing, considering such factors as whether the juvenile parolee has failed to appear at other judicial or administrative hearings)) has violated a condition of parole, other than possession of a firearm or use of a deadly weapon.

(2) The ((order of)) parole ((suspension,)) arrest((, and detention)) warrant, on department forms, ((shall)) must include a ((complete)) statement of the nature of the violation(s) and the date ((thereof, and shall inform the juvenile parolee of his or her right to be represented by an attorney. Copies of the order of parole suspension, arrest, and detention shall be sent to the appropriate local law enforcement agencies, to the detention facility, and to the secretary)) it occurred.

(3) A juvenile parolee held in detention for an alleged violation of parole conditions is entitled((, within twenty-four hours (excluding Saturdays, Sundays, and holidays) of being placed in detention,)) to an informal hearing to determine whether there is probable cause to believe a parole violation occurred and whether continued detention pending a parole revocation hearing is necessary. The hearing ((shall)) must be:

(a) Held within twenty-four hours (excluding Saturdays, Sundays, and holidays) of being placed in detention for an alleged violation of parole conditions; and

(b) Conducted by a parole supervisor or designee not directly involved in the case. The parole supervisor or designee ((shall)) must:

(i) Interview both the juvenile parolee and ((the)) a juvenile parole ((officer suspending the parole. Immediately following the hearing, the parole supervisor or designee shall)) staff with knowledge of the alleged violation(s). If such a parole staff is unavailable, documentation of the allegation(s) may be reviewed in place of the staff interview; and

(ii) Issue a decision, immediately following the hearing, with reasons((, on department forms,)) for either releasing the juvenile parolee or authorizing continued detention. The decision must be documented on department forms. In no event shall a juvenile parolee be held in detention for an alleged violation of parole conditions longer than seventy-two hours (excluding Saturdays, Sundays, and holidays) without a parole revocation petition being filed pursuant to WAC 275-30-040.



[Statutory Authority: RCW 13.40.210. 88-20-083 (Order 2709), 275-30-030, filed 10/5/88.]



AMENDATORY SECTION (Amending Order 2709, filed 10/5/88)



WAC 275-30-040  Parole revocation petition. (1) ((If a)) The juvenile parole officer ((believes a)) :

(a) Must initiate a parole revocation petition if the juvenile parole officer has reason to believe the juvenile parolee ((has violated a condition of parole, the juvenile parole officer may file a parole revocation petition)) possessed a firearm or used a deadly weapon during the parole period; or

(b) May initiate a parole revocation petition if the juvenile parole officer has reason to believe the juvenile parolee has violated a condition of parole, other than possession of a firearm or use of a deadly weapon.

(2) The petition, on department forms, ((shall)) must include ((the following)):

(a) A statement of the nature of the violation and the date ((thereof)) it occurred;

(b) The ((number of days of confinement sought)) relief requested by the juvenile parole officer as a result of the violation;

(c) ((Notice of the time, date, and location of the parole revocation hearing; and

(d))) Notice of the juvenile parolee's right to be represented by an attorney, either one of his ((or))/her own choosing or one appointed at public expense;

(d) A parole revocation hearing waiver agreement;

(e) The dated signature of the regional administrator or designee; and

(f) If the parole revocation hearing is not waived, notice of the time, date, and location of the parole revocation hearing and notice that failure to appear may result in default.

(((2) The parole revocation petition shall be filed with the local office of the state office of administrative hearings. A))

(3) An initial copy of the petition ((shall be served either personally or by certified mail, return receipt requested, on)) that includes the information described in subsection (2)(a) through (e) must:

(a) Be provided to the juvenile parolee or the juvenile parolee's attorney((, and on the juvenile parolee's parents or guardian. Another copy shall be filed with the secretary)); and

(b) Be provided to the juvenile parolee's parent/guardian, if reasonably possible. The juvenile parole officer must document the date and time he/she provided the initial copy of the petition to the juvenile parolee or the juvenile parolee's attorney.

(4) A juvenile parolee, only through an attorney, may waive the right to a parole revocation hearing and agree to the parole revocation and agreed upon relief. The decision to waive must be documented with dated signatures on the original petition.

(5) If the juvenile parolee through his/her attorney does not waive the right to a hearing, the parole revocation petition must be filed with the local office of the state office of administrative hearings within seventy-two hours (excluding Saturdays, Sundays, and holidays) of:

(a) The juvenile parolee being placed in detention for an alleged violation of parole conditions; or

(b) The juvenile parolee or his/her attorney being provided with a copy of the petition under subsection (3) of this section if the juvenile parolee is not detained.

(6) The filed petition must include notice that failure to appear may result in default, and the time, date, and location of the parole revocation hearing, as determined by the state office of administrative hearings. A copy of the filed petition must:

(a) Be served either personally or by certified mail, return receipt requested, on the juvenile parolee or the juvenile parolee's attorney; and

(b) Be provided to the juvenile parolee's parent/guardian, if reasonably possible.



[Statutory Authority: RCW 13.40.210. 88-20-083 (Order 2709), 275-30-040, filed 10/5/88.]



AMENDATORY SECTION (Amending Order 3091, filed 11/6/90, effective 12/7/90)



WAC 275-30-060  Parole revocation hearing. (1) ((Unless waived by the juvenile parolee, the department shall initiate)) After the petition is filed a parole revocation hearing ((on every parole revocation petition for determining)) must be held to determine whether the alleged parole violation occurred unless the juvenile parolee waives his/her right to a parole revocation hearing. If the juvenile parolee is held in detention as described under WAC 275-30-030, the administrative law judge ((shall)) must hold the hearing within seventy-two hours (excluding Saturdays, Sundays, and holidays) of ((service of)) the petition being served. Otherwise the administrative law judge ((shall)) must hold a hearing no sooner than seven days after ((service of)) the petition is served, but no later than fourteen days after the petition is served.

(2) At the parole revocation hearing, the juvenile may waive ((his or her)) the right to be represented by an attorney. A juvenile waiving the right to an attorney may either contest or agree to the parole revocation.

(3) The administrative law judge ((shall)) must:

(a) Conduct a parole revocation hearing in accordance with chapter 10-08 WAC ((a parole revocation hearing. The administrative law judge shall)) except as otherwise indicated in these rules;

(b) Grant the parole revocation petition if the administrative law judge finds, by a preponderance of the evidence, the violation occurred and the violation warrants revocation((.));

(c) Order the relief requested in the petition, if the parole revocation petition is granted((, the administrative law judge shall order the period of confinement requested in the petition.

(4) The administrative law judge shall));

(d) Issue an oral decision immediately following the parole revocation hearing((. Within forty-eight hours of the hearing, the administrative law judge shall));

(e) Issue a written decision((. The decision shall constitute a final administrative decision. The administrative law judge shall)) within forty-eight hours of the hearing; and

(f) Provide a copy of the decision to the juvenile parole officer, the juvenile parolee and his ((or))/her attorney, the juvenile parolee's parent((s or))/guardian, and the department. The administrative law judge's decision shall constitute a final administrative decision.



[Statutory Authority: RCW 13.40.210. 90-22-072 (Order 3091), 275-30-060, filed 11/6/90, effective 12/7/90; 88-20-083 (Order 2709), 275-30-060, filed 10/5/88.]



AMENDATORY SECTION (Amending Order 3091, filed 11/6/90, effective 12/7/90)



WAC 275-30-070  Confinement. (1) A juvenile's confinement for violating one or more conditions of parole, as alleged in a parole revocation petition, may not exceed thirty days. Confinement may be continuous, or for a portion of each day, or for certain days each week with the balance of time under supervision. The department ((shall)) must give the juvenile credit against any period of confinement for days served in detention pending a parole revocation hearing. The juvenile ((shall)) must serve his or her confinement in a county detention facility ((unless otherwise ordered by the secretary)) as defined in RCW 13.40.020, a juvenile rehabilitation administration facility, or, if the juvenile parolee is eighteen years old or older, the juvenile may serve his or her confinement in a county jail.

(2) If a juvenile's parole is revoked two or more times during one parole period, the secretary ((shall)) or designee must approve any period of confinement exceeding a combined total of thirty days.

(3) Instead of confinement under subsection (1) of this section, the secretary or designee may return the offender to confinement in an institution for the remainder of the sentence range if:

(a) The offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined under RCW 9.94A.030; or

(b) As otherwise authorized in RCW 13.40.210.

(4) Unless conditions of parole are otherwise amended, the order of parole conditions in effect at the time the parole was revoked shall be deemed reinstated immediately following any period of confinement.



[Statutory Authority: RCW 13.40.210. 90-22-072 (Order 3091), 275-30-070, filed 11/6/90, effective 12/7/90; 88-20-083 (Order 2709), 275-30-070, filed 10/5/88.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 275-30-050 Waiver of hearing.

WAC 275-30-080 Reinstatement of parole.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office