72.01.410  <<  72.01.411 >>   72.01.412

Placement of person in department custody on July 28, 2019, convicted as an adult for an offense committed under the age of eighteenEligibility for transfer from the custody of the department of corrections to the department of children, youth, and familiesProcess. (Expires July 1, 2021.)

(1) Any person in the custody of the department of social and health services or the department of children, youth, and families on or before July 28, 2019, who was under the age of eighteen at the time of the commission of the offense and who was convicted as an adult, must remain in the custody of the department of children, youth, and families until transfer to the department of corrections or release pursuant to RCW 72.01.410.
(2) Any person in the custody of the department of corrections on July 28, 2019, who was under the age of eighteen at the time of the commission of the offense and who was convicted as an adult, and who has not yet reached the age of twenty-five, is eligible for transfer to the custody of the department of children, youth, and families beginning January 1, 2020, subject to the process established in subsection (3) of this section.
(3) By February 1, 2020, the department of corrections and the department of children, youth, and families must review and determine whether a person identified in subsection (2) of this section should transfer from the department of corrections to the department of children, youth, and families through the following process:
(a) No later than September 1, 2019, the department of corrections and the department of children, youth, and families shall establish, through a memorandum of understanding, a multidisciplinary interagency team to conduct a case-by-case review of the transfer of persons from the department of corrections to the department of children, youth, and families pursuant to subsection (2) of this section. The multidisciplinary interagency team must include a minimum of three representatives from the department of corrections and three representatives from the department of children, youth, and families, and must provide the person whose transfer is being considered an opportunity to consent to the transfer. In considering whether a transfer to the department of children, youth, and families is appropriate, the multidisciplinary interagency team may consider any relevant factors including, but not limited to:
(i) The safety and security of the person, staff, and other persons in the custody of the department of children, youth, and families;
(ii) The person's behavior and assessed risks and needs;
(iii) Whether the department of children, youth, and families or the department of corrections' programs are better equipped to facilitate successful rehabilitation and reentry into the community; and
(iv) Any statements regarding the transfer made by the person whose transfer is being considered.
(b) After reviewing each proposed transfer, the multidisciplinary interagency team shall make a recommendation regarding the transfer to the secretaries of the department of children, youth, and families and the department of corrections. This recommendation must be provided to the secretaries of each department by January 1, 2020.
(c) The secretaries of the department of children, youth, and families and the department of corrections, or their designees, shall approve or deny the transfer within thirty days of receiving the recommendation of the multidisciplinary interagency team, and by no later than February 1, 2020.
(4) This section expires July 1, 2021.

NOTES:

FindingsIntent2019 c 322: See note following RCW 72.01.410.
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