AN ACT Relating to the
juvenile offender basic training camp program; and amending RCW 13.40.320,
13.40.210, and 74.15.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 13.40.320 and 1997 c
338 s 38 are each amended to read as follows:
(1) The department of
social and health services shall establish ((and operate)) a medium
security juvenile offender basic training camp program. ((The department
shall site a juvenile offender basic training camp facility in the most
cost-effective facility possible and shall review the possibility of using an
existing abandoned and/or available state, federally, or military-owned site or
facility.)) This program for juvenile offenders serving a term of
confinement under the supervision of the department is exempt from the
licensing requirements of chapter 74.15 RCW.
(2) The department may
contract under this chapter with private companies, the national guard, or
other federal, state, or local agencies to operate the juvenile offender basic
training camp, notwithstanding the provisions of RCW 41.06.380. ((Requests
for proposals from possible contractors shall not call for payment on a per
diem basis.))
(3) ((The juvenile
offender basic training camp shall accommodate at least seventy offenders. The
beds shall count as additions to, and not be used as replacements for, existing
bed capacity at existing department of social and health services juvenile
facilities.
(4))) The juvenile offender basic training camp
shall be a structured and regimented model ((lasting one hundred twenty days))
emphasizing the building up of an offender's self-esteem, confidence, and
discipline. The juvenile offender basic training camp program shall provide
participants with basic education, prevocational training, work-based learning,
((live)) work experience, work ethic skills, conflict resolution
counseling, substance abuse intervention, anger management counseling, and
structured intensive physical training. The juvenile offender basic training
camp program shall have a curriculum training and work schedule that
incorporates a balanced assignment of these or other rehabilitation and
training components for no less than sixteen hours per day, six days a week.
The department shall ((adopt
rules)) develop standards for the safe and effective operation of
the juvenile offender basic training camp program, ((standards)) for an
offender's successful program completion, and ((rules)) for the
continued after-care supervision of offenders who have successfully completed
the program.
(((5))) (4)
Offenders eligible for the juvenile offender basic training camp option shall
be those with a disposition of not more than sixty-five weeks. Violent and sex
offenders shall not be eligible for the juvenile offender basic training camp
program.
(((6))) (5)
If the court determines that the offender is eligible for the juvenile offender
basic training camp option, the court may recommend that the department place
the offender in the program. The department shall evaluate the offender and
may place the offender in the program. The evaluation shall include, at a
minimum, a risk assessment developed by the department and designed to
determine the offender's suitability for the program. No juvenile who is
assessed as a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically affect his or her
performance in the program shall be admitted to or retained in the juvenile
offender basic training camp program.
(((7))) (6)
All juvenile offenders eligible for the juvenile offender basic training camp
sentencing option shall spend one hundred twenty days of their disposition in a
juvenile offender basic training camp. This period may be extended for up
to forty days by the secretary if a juvenile offender requires additional time
to successfully complete the basic training camp program. If the juvenile
offender's activities while in the juvenile offender basic training camp are so
disruptive to the juvenile offender basic training camp program, as determined
by the secretary according to ((rules adopted)) standards developed
by the department, as to result in the removal of the juvenile offender from
the juvenile offender basic training camp program, or if the offender cannot
complete the juvenile offender basic training camp program due to medical
problems, the secretary shall require that the offender be committed to a
juvenile institution to serve the entire remainder of his or her disposition,
less the amount of time already served in the juvenile offender basic training
camp program.
(((8))) (7)
All offenders who successfully graduate from the ((one hundred twenty day))
juvenile offender basic training camp program shall spend the remainder of
their disposition on parole in a ((division of)) juvenile rehabilitation
administration intensive aftercare program in the local community. Violation
of the conditions of parole is subject to sanctions specified in RCW
13.40.210(4). The program shall provide for the needs of the offender
based on his or her progress in the aftercare program as indicated by ongoing
assessment of those needs and progress. The intensive aftercare program shall
monitor postprogram juvenile offenders and assist them to successfully
reintegrate into the community. In addition, the program shall develop a
process for closely monitoring and assessing public safety risks. The
intensive aftercare program shall be designed and funded by the department of
social and health services.
(((9))) (8)
The department shall also develop and maintain a data base to measure
recidivism rates specific to this incarceration program. The data base shall
maintain data on all juvenile offenders who complete the juvenile offender
basic training camp program for a period of two years after they have completed
the program. The data base shall also maintain data on the criminal activity,
educational progress, and employment activities of all juvenile offenders who
participated in the program.
Sec. 2. RCW 13.40.210 and 1997 c
338 s 32 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, set a release or discharge date for each juvenile
committed to its custody. The release or discharge date shall be within the
prescribed range to which a juvenile has been committed except as provided in
RCW 13.40.320 concerning offenders the department determines are eligible for
the juvenile offender basic training camp program. 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. 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 recommend reductions to
the governor. On certification by the governor that the recommended reductions
are necessary, the secretary has authority 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 at the time of release if any such early
releases have occurred as a result of excessive in-residence population. In no
event shall an offender adjudicated of a violent offense be granted release
under the provisions of this subsection.
(3)(a) Following the
juvenile's release under 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, except that in the case of a juvenile sentenced for rape in the first
or second degree, rape of a child in the first or second degree, child
molestation in the first degree, or indecent liberties with forcible
compulsion, the period of parole shall be twenty-four months and, in the
discretion of the secretary, may be up to thirty-six months when the secretary
finds that an additional period of parole is necessary and appropriate in the
interests of public safety or to meet the ongoing needs of the juvenile. A
parole program is mandatory for offenders released under subsection (2) of this
section. The decision to place an offender on parole shall be based on an assessment
by the department of the offender's risk for reoffending upon release. The
department shall prioritize available parole resources to provide supervision
and services to offenders at moderate to high risk for reoffending.
(b) The secretary
shall, for the period of parole, facilitate the juvenile's reintegration into
his or her community and to further this goal shall require the juvenile to
refrain from possessing a firearm or using a deadly weapon and refrain from
committing new offenses and may require the juvenile to: (i) Undergo available
medical, psychiatric, drug and alcohol, sex offender, mental health, and other
offense-related treatment services; (ii) report as directed to a parole officer
and/or designee; (iii) pursue a course of study, vocational training, or
employment; (iv) notify the parole officer of the current address where he or
she resides; (v) be present at a particular address during specified hours;
(vi) remain within prescribed geographical boundaries; (vii) submit to
electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and
submit to random urinalysis when requested by the assigned parole officer; (ix)
refrain from contact with specific individuals or a specified class of individuals;
(x) meet other conditions determined by the parole officer to further enhance
the juvenile's reintegration into the community; (xi) pay any court-ordered
fines or restitution; and (xii) perform community service. Community service
for the purpose of this section means compulsory service, without compensation,
performed for the benefit of the community by the offender. Community service
may be performed through public or private organizations or through work crews.
(c) The secretary may
further require up to twenty-five percent of the highest risk juvenile
offenders who are placed on parole to participate in an intensive supervision
program. Offenders participating in an intensive supervision program shall be
required to comply with all terms and conditions listed in (b) of this
subsection and shall also be required to comply with the following additional
terms and conditions: (i) Obey all laws and refrain from any conduct that
threatens public safety; (ii) report at least once a week to an assigned community
case manager; and (iii) meet all other requirements imposed by the community
case manager related to participating in the intensive supervision program. As
a part of the intensive supervision program, the secretary may require day
reporting.
(d) After termination
of the parole period, the juvenile shall be discharged from the department's
supervision.
(4)(a) 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: (i) Continued supervision under the same conditions
previously imposed; (ii) intensified supervision with increased reporting
requirements; (iii) additional conditions of supervision authorized by this
chapter; (iv) except as provided in (a)(v) and (vi) of this subsection,
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; ((and))
(v) the secretary may order any of the conditions or may return the offender to
confinement for the remainder of the sentence range if 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 by RCW 9.94A.030; and (vi) the secretary
may order any of the conditions or may return the offender to confinement for
the remainder of the sentence range if the youth has completed the basic
training camp program as described in RCW 13.40.320.
(b) If the department
finds that any juvenile in a program of parole has possessed a firearm or used
a deadly weapon during the program of parole, the department shall modify the
parole under (a) of this subsection and confine the juvenile for at least
thirty days. Confinement shall be in a facility operated by or pursuant to a
contract with the state or any county.
(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 the person.
(6) If so requested and
approved under chapter 13.06 RCW, the secretary shall permit a county or group
of counties to perform functions under subsections (3) through (5) of this
section.
Sec. 3. RCW 74.15.020 and 1999 c
267 s 11 are each amended to read as follows:
For the purpose of
chapter 74.15 RCW and RCW 74.13.031, and unless otherwise clearly indicated by
the context thereof, the following terms shall mean:
(1) "Agency"
means any person, firm, partnership, association, corporation, or facility
which receives children, expectant mothers, or persons with developmental
disabilities for control, care, or maintenance outside their own homes, or which
places, arranges the placement of, or assists in the placement of children,
expectant mothers, or persons with developmental disabilities for foster care
or placement of children for adoption, and shall include the following
irrespective of whether there is compensation to the agency or to the children,
expectant mothers or persons with developmental disabilities for services
rendered:
(a) "Child
day-care center" means an agency which regularly provides care for a group
of children for periods of less than twenty-four hours;
(b) "Child-placing
agency" means an agency which places a child or children for temporary
care, continued care, or for adoption;
(c) "Community
facility" means a group care facility operated for the care of juveniles
committed to the department under RCW 13.40.185. A county detention facility
that houses juveniles committed to the department under RCW 13.40.185 pursuant
to a contract with the department is not a community facility;
(d) "Crisis
residential center" means an agency which is a temporary protective
residential facility operated to perform the duties specified in chapter 13.32A
RCW, in the manner provided in RCW 74.13.032 through 74.13.036;
(e) "Family
day-care provider" means a child day-care provider who regularly provides
child day care for not more than twelve children in the provider's home in the
family living quarters;
(f) "Foster-family
home" means an agency which regularly provides care on a twenty-four hour
basis to one or more children, expectant mothers, or persons with developmental
disabilities in the family abode of the person or persons under whose direct
care and supervision the child, expectant mother, or person with a
developmental disability is placed;
(g) "Group-care
facility" means an agency, other than a foster-family home, which is
maintained and operated for the care of a group of children on a twenty-four
hour basis;
(h) "HOPE
center" means an agency licensed by the secretary to provide temporary
residential placement and other services to street youth. A street youth may
remain in a HOPE center for thirty days while services are arranged and
permanent placement is coordinated. No street youth may stay longer than
thirty days unless approved by the department and any additional days approved by
the department must be based on the unavailability of a long-term placement
option. A street youth whose parent wants him or her returned to home may
remain in a HOPE center until his or her parent arranges return of the youth,
not longer. All other street youth must have court approval under chapter
13.34 or 13.32A RCW to remain in a HOPE center up to thirty days;
(i) "Maternity
service" means an agency which provides or arranges for care or services
to expectant mothers, before or during confinement, or which provides care as
needed to mothers and their infants after confinement;
(j) "Responsible
living skills program" means an agency licensed by the secretary that
provides residential and transitional living services to persons ages sixteen
to eighteen who are dependent under chapter 13.34 RCW and who have been unable
to live in his or her legally authorized residence and, as a result, the minor
lived outdoors or in another unsafe location not intended for occupancy by the
minor. Dependent minors ages fourteen and fifteen may be eligible if no other
placement alternative is available and the department approves the placement;
(k) "Service
provider" means the entity that operates a community facility.
(2) "Agency"
shall not include the following:
(a) Persons related to
the child, expectant mother, or person with developmental disability in the
following ways:
(i) Any blood relative,
including those of half-blood, and including first cousins, nephews or nieces,
and persons of preceding generations as denoted by prefixes of grand, great, or
great-great;
(ii) Stepfather,
stepmother, stepbrother, and stepsister;
(iii) A person who
legally adopts a child or the child's parent as well as the natural and other
legally adopted children of such persons, and other relatives of the adoptive
parents in accordance with state law;
(iv) Spouses of any
persons named in (i), (ii), or (iii) of this subsection (2)(a), even after the
marriage is terminated; or
(v) Extended family
members, as defined by the law or custom of the Indian child's tribe or, in the
absence of such law or custom, a person who has reached the age of eighteen and
who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law
or sister-in-law, niece or nephew, first or second cousin, or stepparent who
provides care in the family abode on a twenty-four-hour basis to an Indian
child as defined in 25 U.S.C. Sec. 1903(4);
(b) Persons who are
legal guardians of the child, expectant mother, or persons with developmental
disabilities;
(c) Persons who care
for a neighbor's or friend's child or children, with or without compensation,
where: (i) The person providing care for periods of less than twenty-four
hours does not conduct such activity on an ongoing, regularly scheduled basis
for the purpose of engaging in business, which includes, but is not limited to,
advertising such care; or (ii) the parent and person providing care on a
twenty-four-hour basis have agreed to the placement in writing and the state is
not providing any payment for the care;
(d) Parents on a
mutually cooperative basis exchange care of one another's children;
(e) A person,
partnership, corporation, or other entity that provides placement or similar services
to exchange students or international student exchange visitors or persons who
have the care of an exchange student in their home;
(f) Nursery schools or
kindergartens which are engaged primarily in educational work with preschool
children and in which no child is enrolled on a regular basis for more than
four hours per day;
(g) Schools, including
boarding schools, which are engaged primarily in education, operate on a
definite school year schedule, follow a stated academic curriculum, accept only
school-age children and do not accept custody of children;
(h) Seasonal camps of
three months' or less duration engaged primarily in recreational or educational
activities;
(i) Hospitals licensed
pursuant to chapter 70.41 RCW when performing functions defined in chapter
70.41 RCW, nursing homes licensed under chapter 18.51 RCW and boarding homes
licensed under chapter 18.20 RCW;
(j) Licensed physicians
or lawyers;
(k) Facilities
providing care to children for periods of less than twenty-four hours whose
parents remain on the premises to participate in activities other than
employment;
(l) Facilities approved
and certified under chapter 71A.22 RCW;
(m) Any agency having
been in operation in this state ten years prior to June 8, 1967, and not
seeking or accepting moneys or assistance from any state or federal agency, and
is supported in part by an endowment or trust fund;
(n) Persons who have a
child in their home for purposes of adoption, if the child was placed in such
home by a licensed child-placing agency, an authorized public or tribal agency
or court or if a replacement report has been filed under chapter 26.33 RCW and
the placement has been approved by the court;
(o) An agency operated
by any unit of local, state, or federal government or an agency, located within
the boundaries of a federally recognized Indian reservation, licensed by the
Indian tribe;
(p) A maximum or
medium security program for juvenile offenders operated by or under contract
with the department;
(q) An agency
located on a federal military reservation, except where the military
authorities request that such agency be subject to the licensing requirements
of this chapter.
(3)
"Department" means the state department of social and health
services.
(4)
"Juvenile" means a person under the age of twenty-one who has been
sentenced to a term of confinement under the supervision of the department
under RCW 13.40.185.
(5) "Probationary
license" means a license issued as a disciplinary measure to an agency
that has previously been issued a full license but is out of compliance with
licensing standards.
(6)
"Requirement" means any rule, regulation, or standard of care to be
maintained by an agency.
(7)
"Secretary" means the secretary of social and health services.
(8) "Street
youth" means a person under the age of eighteen who lives outdoors or in
another unsafe location not intended for occupancy by the minor and who is not
residing with his or her parent or at his or her legally authorized residence.
(9) "Transitional
living services" means at a minimum, to the extent funds are available,
the following:
(a) Educational
services, including basic literacy and computational skills training, either in
local alternative or public high schools or in a high school equivalency
program that leads to obtaining a high school equivalency degree;
(b) Assistance and
counseling related to obtaining vocational training or higher education, job
readiness, job search assistance, and placement programs;
(c) Counseling and
instruction in life skills such as money management, home management, consumer
skills, parenting, health care, access to community resources, and
transportation and housing options;
(d) Individual and
group counseling; and
(e)
Establishing networks with federal agencies and state and local organizations
such as the United States department of labor, employment and training
administration programs including the job training partnership act which
administers private industry councils and the job corps; vocational rehabilitation;
and volunteer programs.
