RCW 13.40.215
Juveniles found to have committed violent or sex offense or stalking
—
Notification of discharge, parole, leave, release, transfer, or escape
—
To whom given
—
School attendance
—
Definitions.
(1)(a) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:
(i) The chief of police of the city, if any, in which the juvenile will reside; and
(ii) The sheriff of the county in which the juvenile will reside.
(b)(i) Except as provided in subsection (2) of this section, at the earliest practicable date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility or community transition services program, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of an individual who is found to have committed a violent offense or a sex offense, is twenty-one years of age or younger, and has not received a high school diploma or its equivalent, to the designated recipient of the school where the juvenile either: (A) Was enrolled prior to incarceration or detention; or (B) has expressed an intention to enroll following his or her release. This notice must also include the restrictions described in subsection (5) of this section.
(ii) The community residential facility shall provide written notice of the offender's criminal history to the designated recipient of any school that the offender attends while residing at the community residential facility and to any employer that employs the offender while residing at the community residential facility.
(iii) As used in this subsection, "designated recipient" means: (A) The superintendent of the school district, or his or her designee, of a common school as defined in RCW 28A.150.020
or a school that is the subject of a state-tribal education compact under chapter
28A.715
RCW; (B) the administrator of a charter public school governed by chapter
28A.710
RCW; or (C) the administrator of a private school approved under chapter
28A.195
RCW.
(c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:
(i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;
(ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and
(iii) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile. The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.
(d) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.
(e) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.
(2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest. If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide. If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.
(b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave. If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.
In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205
(2)(a), (3), (4), and (5).
(3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.
(4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party. The requesting party shall furnish the department with a current address.
(5) Upon discharge, parole, transfer to a community residential facility, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved private elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender. The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district.
(6) For purposes of this section the following terms have the following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030
;
(b) "Sex offense" means a sex offense under RCW 9.94A.030
;
(c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110
;
(d) "Next of kin" means a person's spouse, parents, siblings, and children.
[
2021 c 206 s 5
;
2020 c 167 s 7
;
1999 c 198 s 1
;
1997 c 265 s 2
;
1995 c 324 s 1
. Prior:
1994 c 129 s 6
;
1994 c 78 s 1
;
1993 c 27 s 1
;
1990 c 3 s 101
.]
NOTES:
Contingent effective date
—
Findings
—
Appropriation
—
Rental vouchers
—
2021 c 206:
See notes following RCW 72.01.412
.
Severability
—
1997 c 265:
See note following RCW 13.40.160
.
Findings
—
Intent
—
1994 c 129:
See note following RCW 4.24.550
.
RCW 13.40.217
Juveniles adjudicated of sex offenses
—
Release of information authorized.
(1) In addition to any other information required to be released under this chapter, the department is authorized, pursuant to RCW 4.24.550, to release relevant information that is necessary to protect the public concerning juveniles adjudicated of sex offenses.
(2) In order for public agencies to have the information necessary for notifying the public about sex offenders as authorized in RCW 4.24.550, the secretary shall issue to appropriate law enforcement agencies narrative notices regarding the pending release of sex offenders from the department's juvenile rehabilitation facilities. The narrative notices shall, at a minimum, describe the identity and criminal history behavior of the offender and shall include the department's risk level classification for the offender. For sex offenders classified as either risk level II or III, the narrative notices shall also include the reasons underlying the classification.
(3) For the purposes of this section, the department shall classify as risk level I those offenders whose risk assessments indicate a low risk of reoffense within the community at large. The department shall classify as risk level II those offenders whose risk assessments indicate a moderate risk of reoffense within the community at large. The department shall classify as risk level III those offenders whose risk assessments indicate a high risk of reoffense within the community at large.
[
1997 c 364 s 2
;
1990 c 3 s 102
.]
NOTES:
Severability
—
1997 c 364:
See note following RCW 4.24.550
.
RCW 13.40.219
Arrest for prostitution or prostitution loitering
—
Alleged offender
—
Victim of severe form of trafficking, commercial sex abuse of a minor.
In any proceeding under this chapter related to an arrest for prostitution or prostitution loitering, there is a presumption that the alleged offender meets the criteria for a certification as a victim of a severe form of trafficking in persons as defined in section 7105 of Title 22 of the United States code, and that the alleged offender is also a victim of commercial sex abuse of a minor.
[
2010 c 289 s 9
.]
RCW 13.40.230
Appeal from order of disposition
—
Jurisdiction
—
Procedure
—
Scope
—
Release pending appeal.
(1) Dispositions reviewed pursuant to RCW 13.40.160
shall be reviewed in the appropriate division of the court of appeals.
An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.
(2) To uphold a disposition outside the standard range, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.
(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range.
(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.
(5) The disposition court may impose conditions on release pending appeal as provided in RCW *
13.40.040
(4) and
13.40.050
(6).
(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.
[
1997 c 338 s 35
;
1981 c 299 s 16
;
1979 c 155 s 72
;
1977 ex.s. c 291 s 77
.]
NOTES:
*Reviser's note:
RCW 13.40.040
was amended by 2002 c 171 s 2, changing subsection (4) to subsection (5).
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.40.240
Construction of RCW references to juvenile delinquents or juvenile delinquency.
All references to juvenile delinquents or juvenile delinquency in other chapters of the Revised Code of Washington shall be construed as meaning juvenile offenders or the commitment of an offense by juveniles as defined by this chapter.
[
1977 ex.s. c 291 s 78
.]
NOTES:
Effective dates
—
Severability
—
1977 ex.s. c 291:
See notes following RCW 13.04.005
.
RCW 13.40.250
Traffic infraction, transit infraction, and civil infraction cases
—
Diversion agreements.
A traffic infraction, transit infraction, or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.
(1) If a notice of a traffic infraction, transit infraction, or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.
(2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic infraction, transit infraction, or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community restitution in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.
(3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community restitution, or educational or informational sessions.
(4) Traffic infractions, transit infractions, or civil infractions referred to a youth court pursuant to this section are subject to the conditions imposed by RCW 13.40.630
.
(5) A diversion agreement entered into by a juvenile referred pursuant to this section may include a requirement that the juvenile participate in a district or municipal youth court program under chapter
3.72
RCW, provided the youth court program accepts the referral and only subject to the following conditions:
(a) Upon entering the diversion agreement, the juvenile shall be referred to the youth court program, the completion of which shall be the only condition of the diversion agreement;
(b) The juvenile shall not serve more than thirty hours of participation in the youth court program;
(c) Other than filing a petition for termination of the diversion agreement in juvenile court, nothing concerning the juvenile's participation in the youth court program shall be filed in any public court file concerning the juvenile's participation or presence in the youth court program. The only written record of participation shall be the diversion agreement entered into with the juvenile court, subject to confidentiality under chapter
13.50
RCW. No court cause number shall be assigned to the case against the juvenile while he or she participates in the youth court program. The proceedings in the youth court program shall be on open record and may be recorded if necessary;
(d) Nothing concerning the alleged offense or the diversion shall be reported to the department of licensing;
(e) The youth court program may refer the juvenile back to the juvenile diversion unit for termination of the diversion agreement due to noncompliance at any time prior to completion; and
(f) The juvenile court diversion unit shall maintain primary jurisdiction over supervision of the juvenile during his or her participation in the youth court program. The youth court shall notify the diversion unit upon completion of the youth court program and the diversion agreement shall be complete.
[
2020 c 191 s 5
. Prior:
2002 c 237 s 19
;
2002 c 175 s 28
;
1997 c 338 s 36
;
1980 c 128 s 16
.]
NOTES:
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Effective date
—
Severability
—
1980 c 128:
See notes following RCW 46.63.060
.
RCW 13.40.265
Firearm, alcohol, and drug violations.
(1) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040
(2)(a)(v) or chapter
66.44, 69.41, 69.50, or
69.52
RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment, unless the offense is the juvenile's first offense while armed with a firearm, first unlawful possession of a firearm offense, or first offense in violation of chapter
66.44, 69.41, 69.50, or
69.52
RCW.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter
66.44, 69.41, 69.50, or
69.52
RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(3) If the offense is the juvenile's second or subsequent violation of chapter
66.44, 69.41, 69.50, or
69.52
RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265
until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
[
2023 c 295 s 11
;
2022 c 268 s 40
;
2020 c 18 s 11
;
2016 c 136 s 6
;
2003 c 53 s 101
;
1997 c 338 s 37
;
1994 sp.s. c 7 s 435
;
1989 c 271 s 116
;
1988 c 148 s 2
.]
NOTES:
Findings
—
Intent
—
2023 c 295:
See note following RCW 9.41.040
.
Effective dates
—
2022 c 268:
See note following RCW 7.105.010
.
Explanatory statement
—
2020 c 18:
See note following RCW 43.79A.040
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Effective date
—
1994 sp.s. c 7 ss 401-410, 413-416, 418-437, and 439-460:
See note following RCW 9.41.010
.
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
Legislative finding
—
1988 c 148:
"The legislature finds that many persons under the age of eighteen unlawfully use intoxicating liquor and controlled substances. The use of these substances by juveniles can cause serious damage to their physical, mental, and emotional well-being, and in some instances results in lifelong disabilities.
The legislature also finds that juveniles who unlawfully use alcohol and controlled substances frequently operate motor vehicles while under the influence of and impaired by alcohol or drugs. Juveniles who use these substances often have seriously impaired judgment and motor skills and pose an unduly high risk of causing injury or death to themselves or other persons on the public highways.
The legislature also finds that juveniles will be deterred from the unlawful use of alcohol and controlled substances if their driving privileges are suspended or revoked for using illegal drugs or alcohol." [
1988 c 148 s 1
.]
Severability
—
1988 c 148:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1988 c 148 s 10
.]
RCW 13.40.280
Transfer of juvenile to department of corrections facility
—
Grounds
—
Hearing
—
Term
—
Retransfer to a facility for juveniles.
(1) The secretary of the department of children, youth, and families, with the consent of the secretary of the department of corrections, has the authority to transfer a juvenile presently or hereafter committed to the department of children, youth, and families to the department of corrections for appropriate institutional placement in accordance with this section.
(2) The secretary of the department of children, youth, and families may, with the consent of the secretary of the department of corrections, transfer a juvenile offender to the department of corrections if it is established at a hearing before a review board that continued placement of the juvenile offender in an institution for juvenile offenders presents a continuing and serious threat to the safety of others in the institution. The department of children, youth, and families shall establish rules for the conduct of the hearing, including provision of counsel for the juvenile offender.
(3) Assaults made against any staff member at a juvenile corrections institution that are reported to a local law enforcement agency shall require a hearing held by the department of children, youth, and families review board within ten judicial working days. The board shall determine whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution.
(4) Upon conviction in a court of law for custodial assault as defined in RCW 9A.36.100, the department of children, youth, and families review board shall conduct a second hearing, within five judicial working days, to recommend to the secretary of the department of children, youth, and families that the convicted juvenile be transferred to an adult correctional facility if the review board has determined the juvenile offender represents a continuing and serious threat to the safety of others in the institution.
The juvenile has the burden to show cause why the transfer to an adult correctional facility should not occur.
(5) A juvenile offender transferred to an institution operated by the department of corrections shall not remain in such an institution beyond the maximum term of confinement imposed by the juvenile court.
(6) A juvenile offender who has been transferred to the department of corrections under this section may, in the discretion of the secretary of the department of children, youth, and families and with the consent of the secretary of the department of corrections, be transferred from an institution operated by the department of corrections to a facility for juvenile offenders deemed appropriate by the secretary.
[
2017 3rd sp.s. c 6 s 611
. Prior:
1989 c 410 s 2
;
1989 c 407 s 8
;
1983 c 191 s 22
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Purpose
—
1989 c 410:
"The legislature recognizes the ever-increasing severity of offenses committed by juvenile offenders residing in this state's juvenile detention facilities and the increasing aggressive nature of detained juveniles due to drugs and gang-related violence. The purpose of this act is to provide necessary protection to state employees and juvenile residents of these institutions from assaults committed against them by juvenile detainees." [
1989 c 410 s 1
.]
RCW 13.40.285
Juvenile offender sentenced to terms in juvenile and adult facilities
—
Transfer to department of corrections
—
Term of confinement.
A juvenile offender ordered to serve a term of confinement with the department of children, youth, and families who is subsequently sentenced to the department of corrections may, with the consent of the department of corrections, be transferred by the secretary of children, youth, and families to the department of corrections to serve the balance of the term of confinement ordered by the juvenile court. The juvenile and adult sentences shall be served consecutively. In no case shall the secretary credit time served as a result of an adult conviction against the term of confinement ordered by the juvenile court.
[
2017 3rd sp.s. c 6 s 612
;
1983 c 191 s 23
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
RCW 13.40.300
Commitment of juvenile beyond age 21 prohibited
—
Exceptions
—
Commitment up to age 25 permitted under certain circumstances
—
Jurisdiction of juvenile court after juvenile's 18th birthday.
(1) Except as provided in (a) through (c) of this subsection, a juvenile offender may not be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility beyond the juvenile offender's 21st birthday.
(a) A juvenile offender adjudicated of an
A++
juvenile disposition category offense listed in RCW 13.40.0357, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193
(3)(b), may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 25th birthday, but not beyond.
(b) A juvenile offender adjudicated of a murder in the first or second degree offense committed at age 14 or older or a juvenile offender adjudicated of a rape in the first degree offense committed at age 15 or older may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond.
(c) A juvenile offender who is 18 or older at the time of the adjudication may be committed by the juvenile court to the department for placement in a juvenile rehabilitation facility up to the juvenile offender's 23rd birthday, but not beyond, in order to serve a standard range disposition.
(2)(a) The juvenile court has jurisdiction over, and may place an individual under the authority of the department in the following circumstances:
(i) Except as provided under RCW 13.04.030
and
13.40.110, when the individual is under the age of 21 at the time of the filing of the information and is accused of committing a criminal offense that occurred when the individual was under the age of 18; or
(ii) If proceedings are pending in a case in which jurisdiction is vested in the adult criminal court pursuant to RCW 13.04.030
and an automatic extension is required because either:
(A) The individual is found not guilty of the charge for which he or she was transferred, or is convicted in the adult criminal court of an offense that is not also an offense listed in RCW 13.04.030
(1)(e)(v), and the matter is transferred to juvenile court pursuant to RCW 13.04.030
(1)(e)(v)(C)(II); or
(B) The parties agree to juvenile court jurisdiction with the court's approval pursuant to RCW 13.04.030
(1)(e)(v)(C)(III).
(b) Upon a finding of guilt in juvenile court, the juvenile court maintains jurisdiction to allow for imposition, execution, and enforcement of the court's order of disposition, subject to the limitations in this section.
(3) If an order of disposition imposes a commitment to the department for a juvenile offender:
(a) Adjudicated of an
A++
juvenile disposition category offense listed in RCW 13.40.0357, adjudicated of a murder in the first or second degree offense committed at age 14 or older, or found to be armed with a firearm and sentenced to an additional 12 months pursuant to RCW 13.40.193
(3)(b), then jurisdiction for parole is automatically extended to include a period of up to 24 months of parole, in no case extending beyond the offender's 25th birthday; or
(b) Adjudicated of a rape in the first degree offense committed at age 15 or older, then jurisdiction for parole is automatically extended to include a period of no less than 24 months and no more than 36 months of parole, in no case extending beyond the offender's 25th birthday.
(4) Pursuant to the terms of RCW 13.40.190, the juvenile court maintains jurisdiction beyond the juvenile offender's 21st birthday for the purpose of enforcing an order of restitution or penalty assessment.
(5) Except as otherwise provided herein, in no event may the juvenile court have authority to extend jurisdiction over any juvenile offender beyond the juvenile offender's 21st birthday.
(6) Notwithstanding any extension of jurisdiction over a person pursuant to this section, the juvenile court has no jurisdiction over any offenses alleged to have been committed by a person 18 years of age or older.
[
2024 c 117 s 1
;
2019 c 322 s 3
;
2018 c 162 s 7
; (2018 c 162 s 6 expired July 1, 2019);
2017 3rd sp.s. c 6 s 613
;
2005 c 238 s 2
;
2000 c 71 s 2
;
1994 sp.s. c 7 s 530
;
1986 c 288 s 6
;
1983 c 191 s 17
;
1981 c 299 s 17
;
1979 c 155 s 73
;
1975 1st ex.s. c 170 s 1
. Formerly RCW 13.04.260
.]
NOTES:
Application
—
2024 c 117:
"(1) The amendments in RCW 13.40.300
(1)(c) in this act apply to all charges that are filed on or after June 6, 2024, regardless of whether the charges are based on conduct that occurred before or after June 6, 2024.
(2) The amendments in RCW 13.40.300
(2) and
13.40.110
in this act apply to all cases in which charges are pending on June 6, 2024, and to all cases in which charges are filed on or after June 6, 2024, regardless of whether the charges are based on conduct that occurred before or after June 6, 2024." [
2024 c 117 s 5
.]
Findings
—
Intent
—
2019 c 322:
See note following RCW 72.01.410
.
Effective date
—
2018 c 162 ss 2 and 7:
See note following RCW 13.04.030
.
Expiration date
—
2018 c 162 ss 1 and 6:
See note following RCW 13.04.030
.
Report to legislature
—
2019 c 322 ss 2-6; 2018 c 162:
See RCW 13.04.800
.
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Effective date
—
2000 c 71:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2000]." [
2000 c 71 s 4
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
Severability
—
1986 c 288:
See note following RCW 43.185C.260
.
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
RCW 13.40.301
Department to protect younger children in confinement from older youth confined pursuant to 2018 c 162.
The department must take appropriate actions to protect younger children in confinement from older youth who may be confined pursuant to chapter 162, Laws of 2018, recognizing both the potential for positive mentorship and the potential risks relating to victimization and the exercise of negative influence. The court may exercise oversight if needed to accomplish the goals of this section.
[
2018 c 162 s 8
.]
NOTES:
Report to legislature
—
2019 c 322 ss 2-6; 2018 c 162:
See RCW 13.04.800
.
RCW 13.40.305
Juvenile offender adjudicated of theft of motor vehicle, possession of stolen vehicle, taking motor vehicle without permission in the first degree, taking motor vehicle without permission in the second degree
—
Local sanctions
—
Evaluation.
If a juvenile is adjudicated of theft of a motor vehicle under RCW 9A.56.065, possession of a stolen vehicle under RCW 9A.56.068, taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070
(1), or taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075
(1) and is sentenced to local sanctions, the juvenile's disposition shall include an evaluation to determine whether the juvenile is in need of community-based rehabilitation services and to complete any treatment recommended by the evaluation.
[
2007 c 199 s 12
.]
NOTES:
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
RCW 13.40.308
Juvenile offender adjudicated of taking motor vehicle without permission in the first degree, theft of motor vehicle, possession of a stolen vehicle, taking motor vehicle without permission in the second degree
—
Minimum sentences.
(1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined to a private residence for no less than five days. The juvenile may be subject to electronic monitoring where available. If the juvenile is enrolled in school, the confinement shall be served on nonschool days;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration, four months of parole supervision, and ninety hours of community restitution.
(2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than three months of community supervision and either ninety hours of community restitution or a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than five days, or a combination thereof that includes a minimum of three days home confinement and a minimum of forty hours of community restitution. The juvenile may be subject to electronic monitoring where available;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, and ninety hours of community restitution; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks commitment to the juvenile rehabilitation administration, four months of parole supervision, and ninety hours of community restitution.
(3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:
(a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes three months of community supervision, fifteen hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than one day. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available;
(b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than one day of detention, three months of community supervision, thirty hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than two days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available; and
(c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than three days of detention, six months of community supervision, forty-five hours of community restitution, and a requirement that the juvenile remain at home such that the juvenile is confined in a private residence for no less than seven days. If the juvenile is enrolled in school, the confinement shall be served on nonschool days. The juvenile may be subject to electronic monitoring where available.
[
2016 c 136 s 4
;
2009 c 454 s 4
;
2007 c 199 s 15
.]
NOTES:
Findings
—
Intent
—
Short title
—
2007 c 199:
See notes following RCW 9A.56.065
.
RCW 13.40.310
Transitional treatment program for gang and drug-involved juvenile offenders.
(1) The department may contract with a community-based nonprofit organization to establish a three-step transitional treatment program for gang and drug-involved juvenile offenders committed to the custody of the department under this chapter. Any such program shall provide six to twenty-four months of treatment. The program shall emphasize the principles of self-determination, unity, collective work and responsibility, cooperative economics, and creativity. The program shall be culturally relevant and appropriate and shall include:
(a) A culturally relevant and appropriate institution-based program that provides comprehensive drug and alcohol services, individual and family counseling, and a wilderness experience of constructive group living, rigorous physical exercise, and academic studies;
(b) A culturally relevant and appropriate community-based structured group living program that focuses on individual goals, positive community involvement, coordinated drug and alcohol treatment, coordinated individual and family counseling, academic and vocational training, and employment in apprenticeship, internship, and entrepreneurial programs; and
(c) A culturally relevant and appropriate transitional group living program that provides support services, academic services, and coordinated individual and family counseling.
(2) Participation in any such program shall be on a voluntary basis.
(3) The department shall adopt rules as necessary to implement any such program.
[
2017 3rd sp.s. c 6 s 614
;
1991 c 326 s 4
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
1991 c 326:
"The legislature finds that a destructive lifestyle of drug and street gang activity is rapidly becoming prevalent among some of the state's youths. Gang and drug activity may be a culturally influenced phenomenon which the legislature intends public and private agencies to consider and address in prevention and treatment programs. Gang and drug-involved youths are more likely to become addicted to drugs or alcohol, live in poverty, experience high unemployment, be incarcerated, and die of violence than other youths." [
1991 c 326 s 3
.]
RCW 13.40.320
Juvenile offender basic training camp program.
(1) The department may establish a medium security juvenile offender basic training camp program. 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.
(3) The juvenile offender basic training camp shall be a structured and regimented model 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, 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 develop standards for the safe and effective operation of the juvenile offender basic training camp program, for an offender's successful program completion, and for the continued after-care supervision of offenders who have successfully completed the program.
(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.
(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.
(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 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.
(7) All offenders who successfully graduate from the juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a department juvenile rehabilitation 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.
(8) The department shall also develop and maintain a database to measure recidivism rates specific to this incarceration program. The database 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 database shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program.
[
2017 3rd sp.s. c 6 s 615
;
2015 3rd sp.s. c 23 s 1
;
2002 c 354 s 234
;
2001 c 137 s 1
;
1997 c 338 s 38
;
1995 c 40 s 1
;
1994 sp.s. c 7 s 532
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Short title
—
Headings, captions not law
—
Severability
—
Effective dates
—
2002 c 354:
See RCW 41.80.907
through
41.80.910
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
Findings and intent
—
Juvenile basic training camps
—
1994 sp.s. c 7:
"The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly statewide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.
The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.
The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism." [
1994 sp.s. c 7 s 531
.]
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 13.40.400
Applicability of RCW 10.01.040
to chapter.
The provisions of RCW 10.01.040
apply to chapter
13.40
RCW.
[
1979 c 155 s 74
.]
NOTES:
Effective date
—
Severability
—
1979 c 155:
See notes following RCW 13.04.011
.
RCW 13.40.430
Disparity in disposition of juvenile offenders
—
Data collection.
The administrative office of the courts shall collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile offenders due to economic, gender, geographic, or racial factors that may result from implementation of section 1, chapter 373, Laws of 1993. The administrative office of the courts may, in consultation with juvenile courts, determine a format for the collection of such data and a schedule for the reporting of such data and shall keep a minimum of five years of data at any given time.
[
2005 c 282 s 27
;
2003 c 207 s 13
;
1993 c 373 s 2
.]
NOTES:
Severability
—
1993 c 373:
See note following RCW 13.40.020
.
RCW 13.40.460
Juvenile rehabilitation programs
—
Administration.
The secretary or the secretary's designee shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.
The secretary or the secretary's designee shall:
(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;
(2) Create by rule a formal system for inmate classification. This classification system shall consider:
(a) Public safety;
(b) Internal security and staff safety;
(c) Rehabilitative resources both within and outside the department;
(d) An assessment of each offender's risk of sexually aggressive behavior as provided in RCW 13.40.470
; and
(e) An assessment of each offender's vulnerability to sexually aggressive behavior as provided in RCW 13.40.470
;
(3) Develop agreements with local jurisdictions to develop regional facilities with a variety of custody levels;
(4) Adopt rules establishing effective disciplinary policies to maintain order within institutions;
(5) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, attention deficit disorder, and mental health;
(6) Develop placement criteria:
(a) To avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization under RCW 13.40.470
(1)(c); and
(b) To avoid placing a juvenile offender on parole status who has been assessed as a moderate to high risk for sexually aggressive behavior in a department community residential program with another child who is: (i) Dependent under chapter
13.34
RCW, or an at-risk youth or child in need of services under chapter
13.32A
RCW; and (ii) not also a juvenile offender on parole status;
(7) Develop a plan to implement, by July 1, 1995:
(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;
(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions; and
(c) An educational program to establish self-worth and responsibility in juvenile offenders. This educational program shall emphasize instruction in character-building principles such as: Respect for self, others, and authority; victim awareness; accountability; work ethics; good citizenship; and life skills; and
(8)(a) The department shall develop uniform policies related to custodial assaults consistent with RCW 72.01.045
and
9A.36.100
that are to be followed in all juvenile rehabilitation facilities; and
(b) The department will report assaults in accordance with the policies developed in (a) of this subsection.
[
2017 3rd sp.s. c 6 s 616
;
2003 c 229 s 1
;
1999 c 372 s 2
;
1997 c 386 s 54
;
1994 sp.s. c 7 s 516
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Implementation deadline
—
1997 c 386 s 54:
"The policy developed under RCW 13.40.460
(6)(b) shall be implemented within the juvenile rehabilitation administration and the division of children and family services by July 1, 1998." [
1997 c 386 s 55
.]
Finding
—
Intent
—
1997 c 386 ss 50-55:
See note following RCW 13.40.470
.
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 13.40.462
Reinvesting in youth program.
(1) The department shall establish a reinvesting in youth program that awards grants to counties for implementing research-based early intervention services that target juvenile justice-involved youth and reduce crime, subject to the availability of amounts appropriated for this specific purpose.
(2) Effective July 1, 2007, any county or group of counties may apply for participation in the reinvesting in youth program.
(3) Counties that participate in the reinvesting in youth program shall have a portion of their costs of serving youth through the research-based intervention service models paid for with moneys from the reinvesting in youth account established pursuant to *RCW 13.40.466
.
(4) The department shall review county applications for funding through the reinvesting in youth program and shall select the counties that will be awarded grants with funds appropriated to implement this program. The department, in consultation with the Washington state institute for public policy, shall develop guidelines to determine which counties will be awarded funding in accordance with the reinvesting in youth program. At a minimum, counties must meet the following criteria in order to participate in the reinvesting in youth program:
(a) Counties must match state moneys awarded for research-based early intervention services with nonstate resources that are at least proportional to the expected local government share of state and local government cost avoidance that would result from the implementation of such services;
(b) Counties must demonstrate that state funds allocated pursuant to this section are used only for the intervention service models authorized pursuant to RCW 13.40.464
;
(c) Counties must participate fully in the state quality assurance program established in RCW 13.40.468
to ensure fidelity of program implementation. If no state quality assurance program is in effect for a particular selected research-based service, the county must submit a quality assurance plan for state approval with its grant application. Failure to demonstrate continuing compliance with quality assurance plans shall be grounds for termination of state funding; and
(d) Counties that submit joint applications must submit for approval by the department multicounty plans for efficient program delivery.
[
2017 3rd sp.s. c 6 s 617
;
2011 1st sp.s. c 32 s 4
;
2006 c 304 s 2
.]
NOTES:
*Reviser's note:
RCW 13.40.466
was repealed by
2023 c 41 s 1
.
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Transition plan
—
Report to the legislature
—
2011 1st sp.s. c 32:
See note following RCW 70.305.005
.
Finding
—
Intent
—
2006 c 304:
"The legislature finds that there are youth and family-focused intervention services that have been proven through rigorous evaluation in the state of Washington and elsewhere to significantly reduce violence and crime while saving more public safety dollars than they cost. Under current state laws, no local government acting alone has the financial incentive to invest in these cost-effective services because the savings accrue to multiple levels of government with the largest savings going to the state. It is the intent of the legislature to create incentives for local government to invest in cost-effective intervention services that reduce crime by reimbursing local governments with a portion of the cost savings that accrue to the state as the result of local investments in such services." [
2006 c 304 s 1
.]
Entitlement not created
—
2006 c 304:
"Nothing in this act creates an entitlement for a county or group of counties to receive funding under the program in sections 2 and 3 of this act." [
2006 c 304 s 8
.]
Effective date
—
2006 c 304:
"This act takes effect July 1, 2006." [
2006 c 304 s 9
.]
RCW 13.40.464
Reinvesting in youth program
—
Guidelines.
(1)(a) In order to receive funding through the reinvesting in youth program established pursuant to RCW 13.40.462, intervention service models must meet the following minimum criteria:
(i) There must be scientific evidence from at least one rigorous evaluation study of the specific service model that measures recidivism reduction;
(ii) There must be evidence that the specific service model's results can be replicated outside of an academic research environment;
(iii) The evaluation or evaluations of the service model must permit dollar cost estimates of both benefits and costs so that the benefit-cost ratio of the model can be calculated; and
(iv) The public taxpayer benefits to all levels of state and local government must exceed the service model costs.
(b) In calendar year 2006, for use beginning in fiscal year 2008, the Washington state institute for public policy shall publish a list of service models that are eligible for reimbursement through the investing in youth program. As authorized by the board of the institute and to the extent necessary to respond to new research and information, the institute shall periodically update the list of service models. The institute shall use the technical advisory committee established in *RCW 13.40.462
(5) to review and provide comments on the list of service models that are eligible for reimbursement.
(2) In calendar year 2006, for use beginning in fiscal year 2008, the Washington state institute for public policy shall review and update the methodology for calculating cost savings resulting from implementation of this program. As authorized by the board of the institute and to the extent necessary to respond to new research and information, the institute shall periodically further review and update the methodology. As authorized by the board of the institute, when the institute reviews and updates the methodology for calculating cost savings, the institute shall provide an estimate of savings and avoided costs resulting from this program, along with a projection of future savings and avoided costs, to the appropriate committees of the legislature. The institute shall use the technical advisory committee established in *RCW 13.40.462
(5) to review and provide comments on its methodology and cost calculations.
(3) In calendar year 2006, for use beginning in fiscal year 2008, the department shall establish a distribution formula to provide funding to local governments that implement research-based intervention services pursuant to this program. The department shall periodically update the distribution formula. The distribution formula shall require that the state allocation to local governments be proportional to the expected state government share of state and local government cost avoidance that would result from the implementation of such services based on the methodology maintained by the Washington state institute for public policy pursuant to subsection (2) of this section. The department shall use the technical advisory committee established in *RCW 13.40.462
(5) to review and provide comments on its proposed distribution formula.
[
2017 3rd sp.s. c 6 s 618
;
2006 c 304 s 3
.]
NOTES:
*Reviser's note:
RCW 13.40.462
was amended by 2011 1st sp.s. c 32 s 4, deleting subsection (5).
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
Intent
—
Entitlement not created
—
Effective date
—
2006 c 304:
See notes following RCW 13.40.462
.
RCW 13.40.468
Juvenile rehabilitation administration
—
State quality assurance program.
The department shall establish a state quality assurance program. The department shall monitor the implementation of intervention services funded pursuant to *RCW 13.40.466
and shall evaluate adherence to service model design and service completion rate.
[
2017 3rd sp.s. c 6 s 620
;
2006 c 304 s 6
.]
NOTES:
*Reviser's note:
RCW 13.40.466
was repealed by
2023 c 41 s 1
.
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
Intent
—
Entitlement not created
—
Effective date
—
2006 c 304:
See notes following RCW 13.40.462
.
RCW 13.40.470
Vulnerable youth committed to residential facilities
—
Protection from sexually aggressive youth
—
Assessment process.
(1) The department shall implement a policy for protecting youth committed to state-operated or state-funded residential facilities under this chapter who are vulnerable to sexual victimization by other youth committed to those facilities who are sexually aggressive. The policy shall include, at a minimum, the following elements:
(a) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who present a moderate or high risk of sexually aggressive behavior for the purposes of this section. The assessment process need not require that every youth who is adjudicated or convicted of a sex offense as defined in RCW 9.94A.030
be determined to be sexually aggressive, nor shall a sex offense adjudication or conviction be required in order to determine a youth is sexually aggressive. Instead, the assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to sexual aggressiveness. The definition of "sexually aggressive youth" in RCW 74.13.075
does not apply to this section to the extent that it conflicts with this section;
(b) Development and use of an assessment process for identifying youth, within thirty days of commitment to the department, who may be vulnerable to victimization by youth identified under (a) of this subsection as presenting a moderate or high risk of sexually aggressive behavior. The assessment process shall consider the individual circumstances of the youth, including his or her age, physical size, sexual abuse history, mental and emotional condition, and other factors relevant to vulnerability;
(c) Development and use of placement criteria to avoid assigning youth who present a moderate or high risk of sexually aggressive behavior to the same sleeping quarters as youth assessed as vulnerable to sexual victimization, except that they may be assigned to the same multiple-person sleeping quarters if those sleeping quarters are regularly monitored by visual surveillance equipment or staff checks;
(d) Development and use of procedures for minimizing, within available funds, unsupervised contact in state-operated or state-funded residential facilities between youth presenting moderate to high risk of sexually aggressive behavior and youth assessed as vulnerable to sexual victimization. The procedures shall include taking reasonable steps to prohibit any youth committed under this chapter who present a moderate to high risk of sexually aggressive behavior from entering any sleeping quarters other than the one to which they are assigned, unless accompanied by an authorized adult.
(2) For the purposes of this section, the following terms have the following meanings:
(a) "Sleeping quarters" means the bedrooms or other rooms within a residential facility where youth are assigned to sleep.
(b) "Unsupervised contact" means contact occurring outside the sight or hearing of a responsible adult for more than a reasonable period of time under the circumstances.
[
1997 c 386 s 50
.]
NOTES:
Finding
—
Intent
—
1997 c 386 ss 50-55:
"The legislature finds that the placement of children and youth in state-operated or state-funded residential facilities must be done in such a manner as to protect children who are vulnerable to sexual victimization from youth who are sexually aggressive. To achieve this purpose, the legislature intends the department of social and health services to develop a policy for assessing sexual aggressiveness and vulnerability to sexual victimization of children and youth who are placed in state-operated or state-funded residential facilities." [
1997 c 386 s 49
.]
RCW 13.40.480
Student records and information
—
Reasons for release
—
Who may request.
(1) Pursuant to RCW 28A.600.475, and to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g(b), and in order to serve the juvenile while in detention and to prepare any postconviction services, schools shall make all student records and information necessary for risk assessment, security classification, and placement available to court personnel and the department within three working days of a request under this section.
(2)(a) When a juvenile has one or more prior convictions, a request for records shall be made by the county prosecuting attorney, or probation department if available, to the school not more than ten days following the juvenile's arrest or detention, whichever occurs later, and prior to trial. The request may be made by subpoena.
(b) Where a juvenile has no prior conviction, a request to release records shall be made by subpoena upon the juvenile's conviction. When the request for a juvenile's student records and information is made by subpoena following conviction, the court or other issuing agency shall order the school on which the subpoena is served not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. When the court or issuing agency so orders, the school shall not provide notice to the juvenile or his or her parents.
[
1998 c 269 s 12
.]
NOTES:
Intent
—
Finding
—
Effective date
—
1998 c 269:
See notes following RCW 72.05.020
.
RCW 13.40.500
Community juvenile accountability programs
—
Findings
—
Purpose.
The legislature finds that meaningful community involvement is vital to the juvenile justice system's ability to respond to the serious problem of juvenile crime. Citizens and crime victims need to be active partners in responding to crime, in the management of resources, and in the disposition decisions regarding juvenile offenders in their community. Involvement of citizens and crime victims increase offender accountability and build healthier communities, which will reduce recidivism and crime rates in Washington state.
The legislature also finds that local governments are in the best position to develop, coordinate, and manage local community prevention, intervention, and corrections programs for juvenile offenders, and to determine local resource priorities. Local community management will build upon local values and increase local control of resources, encourage the use of a comprehensive range of community-based intervention strategies.
The primary purpose of RCW 13.40.500
through
13.40.540, the community juvenile accountability act, is to provide a continuum of community-based programs that emphasize the juvenile offender's accountability for his or her actions while assisting him or her in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety.
[
1997 c 338 s 60
.]
NOTES:
Evaluation
—
Report
—
1997 c 338 ss 60-64:
"The Washington state institute for public policy shall evaluate the costs and benefits of the programs funded in sections 60 through 64 of this act. The evaluation must measure whether the programs cost-effectively reduce recidivism and crime rates in Washington state. The institute shall submit reports to the governor and the legislature by December 1, 1998, and December 1, 2000." [
1997 c 338 s 65
.]
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.510
Community juvenile accountability programs
—
Establishment
—
Proposals
—
Guidelines.
(1) In order to receive funds under RCW 13.40.500
through
13.40.540, local governments may, through their respective agencies that administer funding for consolidated juvenile services, submit proposals that establish community juvenile accountability programs within their communities. These proposals must be submitted to the department for certification.
(2) The proposals must:
(a) Demonstrate that the proposals were developed with the input of the local law and justice councils established under RCW 72.09.300
;
(b) Describe how local community groups or members are involved in the implementation of the programs funded under RCW 13.40.500
through
13.40.540
;
(c) Include a description of how the grant funds will contribute to the expected outcomes of the program and the reduction of youth violence and juvenile crime in their community. Data approaches are not required to be replicated if the networks have information that addresses risks in the community for juvenile offenders.
(3) A local government receiving a grant under this section shall agree that any funds received must be used efficiently to encourage the use of community-based programs that reduce the reliance on secure confinement as the sole means of holding juvenile offenders accountable for their crimes. The local government shall also agree to account for the expenditure of all funds received under the grant and to submit to audits for compliance with the grant criteria developed under RCW 13.40.520
.
(4) The department, in consultation with the Washington association of juvenile court administrators and the state law and justice advisory council, shall establish guidelines for programs that may be funded under RCW 13.40.500
through
13.40.540
. The guidelines must:
(a) Target referred and diverted youth, as well as adjudicated juvenile offenders;
(b) Include assessment methods to determine services, programs, and intervention strategies most likely to change behaviors and norms of juvenile offenders;
(c) Provide maximum structured supervision in the community. Programs should use natural surveillance and community guardians such as employers, relatives, teachers, clergy, and community mentors to the greatest extent possible;
(d) Promote good work ethic values and educational skills and competencies necessary for the juvenile offender to function effectively and positively in the community;
(e) Maximize the efficient delivery of treatment services aimed at reducing risk factors associated with the commission of juvenile offenses;
(f) Maximize the reintegration of the juvenile offender into the community upon release from confinement;
(g) Maximize the juvenile offender's opportunities to make full restitution to the victims and amends to the community;
(h) Support and encourage increased court discretion in imposing community-based intervention strategies;
(i) Be compatible with research that shows which prevention and early intervention strategies work with juvenile offenders;
(j) Be outcome-based in that it describes what outcomes will be achieved or what outcomes have already been achieved;
(k) Include an evaluation component; and
(l) Recognize the diversity of local needs.
(5) The state law and justice advisory council may provide support and technical assistance to local governments for training and education regarding community-based prevention and intervention strategies.
(6) For purposes of this section and RCW *
13.40.541
and
13.40.511, "referred youth" means a youth who:
(a) Was contacted by a law enforcement officer and the law enforcement officer has probable cause to believe that he or she has committed a crime;
(b) Was referred to a program that allows youth to enter before being diverted or charged with a juvenile offense; and
(c) Would have been diverted or charged with a juvenile offense, if not for the program to which he or she was referred.
[
2019 c 461 s 1
;
2017 3rd sp.s. c 6 s 621
;
2010 1st sp.s. c 7 s 62
;
1997 c 338 s 61
.]
NOTES:
*Reviser's note:
RCW 13.40.541
expired July 1, 2021.
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Evaluation
—
Report
—
1997 c 338 ss 60-64:
See note following RCW 13.40.500
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.511
Community juvenile accountability programs
—
Stop loss policy
—
Funding for juvenile courts
—
Report to legislature.
(1) As of July 28, 2019, the block grant oversight committee must implement a stop loss policy when allocating funding under RCW 13.40.510
. The stop loss policy must limit the loss in funding for any juvenile court from one year to the next. The block grant oversight committee must establish a minimum base level of funding for juvenile courts with lower numbers of at-risk youth ten years of age and over but under eighteen years of age. The department of children, youth, and families must report, in compliance with RCW 43.01.036, to the legislature by December 1, 2019, about how funding is used for referred youth and the impact of that use on overall use of funding.
(2) For purposes of this section, "block grant oversight committee" means a committee established by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts that provides block grant funding formula oversight with equal representation from the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts. The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information. The committee is cochaired by the juvenile rehabilitation division of the department of children, youth, and families and the juvenile courts, who have the ability to change members of the committee as needed to achieve its purpose.
[
2019 c 461 s 3
.]
NOTES:
Reviser's note:
Although 2019 c 461 s 3 did not include a codification directive, codification in chapter
13.40
RCW appears to be appropriate.
RCW 13.40.520
Community juvenile accountability programs
—
Grants.
(1) The state may make grants to local governments for the provision of community-based programs for juvenile offenders. The grants must be made under a grant formula developed by the department, in consultation with the Washington association of juvenile court administrators.
(2) Upon certification by the department that a proposal satisfies the application and selection criteria, grant funds will be distributed to the local government agency that administers funding for consolidated juvenile services.
[
2017 3rd sp.s. c 6 s 622
;
1997 c 338 s 62
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Evaluation
—
Report
—
1997 c 338 ss 60-64:
See note following RCW 13.40.500
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.530
Community juvenile accountability programs
—
Effectiveness standards.
The legislature recognizes the importance of evaluation and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds.
The Washington state institute for public policy shall develop standards for measuring the effectiveness of juvenile accountability programs established and approved under RCW 13.40.510
. The standards must be developed and presented to the governor and legislature not later than January 1, 1998. The standards must include methods for measuring success factors following intervention. Success factors include, but are not limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, convictions for subsequent offenses, and restitution to victims.
[
1997 c 338 s 63
.]
NOTES:
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Evaluation
—
Report
—
1997 c 338 ss 60-64:
See note following RCW 13.40.500
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.540
Community juvenile accountability programs
—
Information collection
—
Report.
(1) Each community juvenile accountability program approved and funded under RCW 13.40.500
through
13.40.540
shall comply with the information collection requirements in subsection (2) of this section and the reporting requirements in subsection (3) of this section.
(2) The information collected by each community juvenile accountability program must include, at a minimum for each juvenile participant: (a) The name, date of birth, gender, social security number, and, when available, the juvenile information system (JUVIS) control number; (b) an initial intake assessment of each juvenile participating in the program; (c) a list of all juveniles who completed the program; and (d) an assessment upon completion or termination of each juvenile, including outcomes and, where applicable, reasons for termination.
(3) The department shall annually compile the data and report to the legislature on: (a) The programs funded under RCW 13.40.500
through
13.40.540
; (b) the total cost for each funded program and cost per juvenile; and (c) the essential elements of the program.
[
2017 3rd sp.s. c 6 s 623
;
1997 c 338 s 64
.]
NOTES:
Effective date
—
2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804:
See note following RCW 13.04.011
.
Conflict with federal requirements
—
2017 3rd sp.s. c 6:
See RCW 43.216.908
.
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Evaluation
—
Report
—
1997 c 338 ss 60-64:
See note following RCW 13.40.500
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.550
Community juvenile accountability programs
—
Short title.
RCW 13.40.500
through
13.40.540
may be known as the community juvenile accountability act.
[
1997 c 338 s 66
.]
NOTES:
Finding
—
Evaluation
—
Report
—
1997 c 338:
See note following RCW 13.40.0357
.
Severability
—
Effective dates
—
1997 c 338:
See notes following RCW 5.60.060
.
RCW 13.40.570
Sexual misconduct by state employees, contractors.
(1) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between an employee and an offender has occurred, notwithstanding any rule adopted under chapter
41.06
RCW the secretary shall immediately suspend the employee.
(2) The secretary shall immediately institute proceedings to terminate the employment of any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter
9A.44
RCW when the victim was an offender.
(3) When the secretary has reasonable cause to believe that sexual intercourse or sexual contact between the employee of a contractor and an offender has occurred, the secretary shall require the employee of a contractor to be immediately removed from any employment position which would permit the employee to have any access to any offender.
(4) The secretary shall disqualify for employment with a contractor in any position with access to an offender, any person:
(a) Who is found by the department, based on a preponderance of the evidence, to have had sexual intercourse or sexual contact with the offender; or
(b) Upon a guilty plea or conviction for any crime specified in chapter
9A.44
RCW when the victim was an offender.
(5) The secretary, when considering the renewal of a contract with a contractor who has taken action under subsection (3) or (4) of this section, shall require the contractor to demonstrate that there has been significant progress made in reducing the likelihood that any of its employees will have sexual intercourse or sexual contact with an offender. The secretary shall examine whether the contractor has taken steps to improve hiring, training, and monitoring practices and whether the employee remains with the contractor. The secretary shall not renew a contract unless he or she determines that significant progress has been made.
(6)(a) For the purposes of RCW 50.20.060, a person terminated under this section shall be considered discharged for misconduct.
(b)(i) The department may, within its discretion or upon request of any member of the public, release information to an individual or to the public regarding any person or contract terminated under this section.
(ii) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470
is immune from civil liability for damages for any discretionary release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the public.
(iii) Except as provided in chapter
42.56
RCW, or elsewhere, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section. Nothing in this section implies that information regarding persons designated in subsection (2) of this section is confidential except as may otherwise be provided by law.
(7) The department shall adopt rules to implement this section. The rules shall reflect the legislative intent that this section prohibits individuals who are employed by the department or a contractor of the department from having sexual intercourse or sexual contact with offenders. The rules shall also reflect the legislative intent that when a person is employed by the department or a contractor of the department, and has sexual intercourse or sexual contact with an offender against the employed person's will, the termination provisions of this section shall not be invoked.
(8) As used in this section:
(a) "Contractor" includes all subcontractors of a contractor;
(b) "Offender" means a person under the jurisdiction or supervision of the department; and
(c) "Sexual intercourse" and "sexual contact" have the meanings provided in RCW 9A.44.010
.
[
2005 c 274 s 210
;
1999 c 72 s 1
.]
NOTES:
Application
—
1999 c 72:
"Nothing in section 1 or 2 of this act affects any collective bargaining agreement in place on July 25, 1999." [
1999 c 72 s 3
.]
RCW 13.40.580
Youth courts
—
Diversion.
Youth courts provide a diversion for cases involving juvenile offenders, in which participants, under the supervision of an adult coordinator, may serve in various capacities within the program, acting in the role of jurors, lawyers, bailiffs, clerks, and judges. Youths who appear before youth courts are youths eligible for diversion pursuant to *RCW 13.40.070
(6) and (7). Youth courts have no jurisdiction except as provided for in chapter 237, Laws of 2002. Youth courts are diversion units and not courts established under Article IV of the state Constitution.
[
2002 c 237 s 9
.]
NOTES:
*Reviser's note:
RCW 13.40.070
was amended by 2010 c 289 s 7, changing subsection (7) to subsection (8).
RCW 13.40.590
Youth court programs.
(1) The administrative office of the courts shall encourage the juvenile courts to work with cities and counties to implement, expand, or use youth court programs for juveniles who commit diversion-eligible offenses, civil, or traffic infractions. Program operations of youth court programs may be funded by government and private grants. Youth court programs are limited to those that:
(a) Are developed using the guidelines for creating and operating youth court programs developed by nationally recognized experts in youth court projects;
(b) Target offenders age eight through seventeen; and
(c) Emphasize the following principles:
(i) Youth must be held accountable for their problem behavior;
(ii) Youth must be educated about the impact their actions have on themselves and others including their victims, their families, and their community;
(iii) Youth must develop skills to resolve problems with their peers more effectively; and
(iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.
(2) Youth court programs under this section may be established by private nonprofit organizations and schools, upon prior approval and under the supervision of juvenile court.
[
2002 c 237 s 10
.]
RCW 13.40.600
Youth court jurisdiction.
(1) Youth courts have authority over juveniles ages eight through seventeen who:
(a) Along with their parent, guardian, or legal custodian, voluntarily and in writing request youth court involvement;
(b) Admit they have committed the offense they are referred for;
(c) Along with their parent, guardian, or legal custodian, waive any privilege against self-incrimination concerning the offense; and
(d) Along with their parent, guardian, or legal custodian, agree to comply with the youth court disposition of the case.
(2) Youth courts shall not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including a youth with a matter pending before the juvenile court but which has not yet been adjudicated.
(3) Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.
(4) A youth or his or her parent, guardian, or legal custodian may withdraw from the youth court process at any time.
(5) Youth courts shall give any victims of a juvenile the opportunity to be notified, present, and heard in any youth court proceeding.
[
2002 c 237 s 11
.]
RCW 13.40.610
Youth court notification of satisfaction of conditions.
Youth court may not notify the juvenile court of satisfaction of conditions until all ordered restitution has been paid.
[
2002 c 237 s 12
.]
RCW 13.40.620
Appearance before youth court with parent, guardian, or legal custodian.
Every youth appearing before a youth court shall be accompanied by his or her parent, guardian, or legal custodian.
[
2002 c 237 s 13
.]
RCW 13.40.630
Youth court dispositions.
(1) Youth court dispositional options include those delineated in RCW 13.40.080, and may also include:
(a) Participating in law-related education classes, appropriate counseling, treatment, or other education [educational] programs;
(b) Providing periodic reports to the youth court;
(c) Participating in mentoring programs;
(d) Serving as a participant in future youth court proceedings;
(e) Writing apology letters; or
(f) Writing essays.
(2) Youth courts shall not impose a term of confinement or detention. Youth courts may require that the youth pay reasonable fees to participate in youth court and in classes, counseling, treatment, or other educational programs that are the disposition of the youth court.
(3) A youth court disposition shall be completed within one hundred eighty days from the date of referral.
(4) Pursuant to RCW 13.40.080
(1), a youth court disposition shall be reduced to writing and signed by the youth and his or her parent, guardian, or legal custodian accepting the disposition terms.
(5) [A] youth court shall notify the juvenile court upon successful or unsuccessful completion of the disposition.
(6) [A] youth court shall notify the prosecutor or probation counselor of a failure to successfully complete the youth court disposition.
[
2002 c 237 s 14
.]
RCW 13.40.650
Use of restraints on pregnant youth in custody
—
Allowed in extraordinary circumstances.
(1) Except in extraordinary circumstances, no restraints of any kind may be used on any pregnant youth in an institution or detention facility covered by this chapter during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy, or during postpartum recovery. For purposes of this section, "extraordinary circumstances" exist where an employee at an institution or detention facility makes an individualized determination that restraints are necessary to prevent an incarcerated pregnant youth from escaping, or from injuring herself, medical or correctional personnel, or others. In the event the employee of the institution or detention facility determines that extraordinary circumstances exist and restraints are used, the employee of the institution or detention facility must fully document in writing the reasons that he or she determined such extraordinary circumstances existed such that restraints were used. As part of this documentation, the employee of the institution or detention facility must also include the kind of restraints used and the reasons those restraints were considered the least restrictive available and the most reasonable under the circumstances.
(2) While the pregnant youth is in labor or in childbirth no restraints of any kind may be used. Nothing in this section affects the use of hospital restraints requested for the medical safety of a patient by treating physicians licensed under Title
18
RCW.
(3) Anytime restraints are permitted to be used on a pregnant youth, the restraints must be the least restrictive available and the most reasonable under the circumstances, but in no case shall leg irons or waist chains be used on any youth known to be pregnant.
(4) No employee of the institution or detention facility shall be present in the room during the pregnant youth's labor or childbirth, unless specifically requested by medical personnel. If the employee's presence is requested by medical personnel, the employee should be female, if practicable.
(5) If the doctor, nurse, or other health professional treating the pregnant youth requests that restraints not be used, the employee of the institution or detention facility accompanying the pregnant youth shall immediately remove all restraints.
[
2010 c 181 s 11
.]
RCW 13.40.651
Use of restraints on pregnant youth in custody
—
Provision of information to staff and pregnant youth in custody.
(1) The director of the juvenile detention facility shall provide an informational packet about the requirements of chapter 181, Laws of 2010 to all medical staff and nonmedical staff who are involved in the transportation of youth who are pregnant, as well as such other staff as appropriate. The informational packet provided to staff under this section shall be developed as provided in RCW 70.48.800
.
(2) The director shall cause the requirements of chapter 181, Laws of 2010 to be provided to all youth who are pregnant, at the time the facility assumes custody of the person. In addition, the facility shall cause a notice containing the requirements of chapter 181, Laws of 2010 to be posted in conspicuous locations in the detention facilities, including but not limited to the locations in which medical care is provided within the facilities.
[
2010 c 181 s 12
.]
RCW 13.40.660
Exchange of intimate images by minors
—
Findings
—
Work group.
(1) The legislature finds that exchange of intimate images by minors is increasingly common, and that such actions may lead to harm and long-term consequences. The legislature intends to develop age-appropriate prevention and interventions to prevent harm and to hold accountable youth who harm others through exchange of intimate images.
(2) The Washington coalition of sexual assault programs, in consultation with the office of the superintendent of public instruction, the Washington association for the treatment of sexual abusers, the department of children, youth, and families, the department of social and health services, the juvenile court administrators, the Washington association of prosecuting attorneys, representatives from public defense, youth representatives, and other relevant stakeholders, shall convene a work group to make recommendations to the legislature regarding age-appropriate prevention and intervention strategies to address potential harms caused by exchange of intimate images by minors.
(3) By December 1, 2019, the work group shall make a report to the legislature identifying education, prevention, and other responses to the harms that may be associated with exchange of intimate images by minors.
[
2019 c 128 s 2
.]
NOTES:
Short title
—
2019 c 128:
"This act may be known and cited as the responsible teen communications act." [
2019 c 128 s 1
.]
RCW 13.40.720
Imposition of legal financial obligations
—
City, town, or county authority.
Cities, towns, and counties may not impose any legal financial obligations, fees, fines, or costs associated with juvenile offenses unless there is express statutory authority for those legal financial obligations, fees, fines, or costs.
[
2015 c 265 s 5
.]
NOTES:
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
RCW 13.40.730
Community transition services program.
The department of children, youth, and families shall adopt rules, policies, and procedures as may be needed to implement a community transition services program required by chapter 206, Laws of 2021, to include the following:
(1) Identification and regular monitoring of metrics of quality implementation for the community transition program, and regularly publishing outcome analyses for program participants; and
(2) Allowing for the use of new electronic home monitoring equipment and technologies as they become available that eliminate or minimize trauma, social stigma, and racial injustice, and imposing penalties for the knowing or intentional tampering, damaging, or destruction of equipment that renders it not fully functional.
[
2021 c 206 s 7
.]
NOTES:
Findings
—
Appropriation
—
Rental vouchers
—
2021 c 206:
See notes following RCW 72.01.412
.
RCW 13.40.735
Planned release
—
Notice to health care insurance provider.
(1) At least 30 days before release from a residential facility, the secretary shall send written notice of the planned release to the person's health care insurance provider. The notice shall include the person's current location and contact information as well as the person's expected location and contact information upon release. The notice shall not disclose the person's incarceration status unless their consent is given.
(2) If the person is not enrolled in a health insurance program, the secretary and the health care authority shall assist the person in obtaining coverage for which they are eligible in accordance with the time frames specified in subsection (1) of this section.
(3) The secretary may share with the health insurance provider additional health information related to the person to assist with care coordination and continuity of care consistent with RCW 70.02.230
(2)(u) and other provisions of chapter
70.02
RCW.
[
2021 c 265 s 3
.]
RCW 13.40.740
Juvenile access to an attorney.
(1) Except as provided in subsection (4) of this section, law enforcement shall provide a juvenile with access to an attorney for consultation, which may be provided in person, by telephone, or by videoconference, before the juvenile waives any constitutional rights if a law enforcement officer:
(a) Questions a juvenile during a custodial interrogation;
(b) Detains a juvenile based on probable cause of involvement in criminal activity; or
(c) Requests that the juvenile provide consent to an evidentiary search of the juvenile or the juvenile's property, dwellings, or vehicles under the juvenile's control.
(2) The consultation required by subsection (1) of this section may not be waived.
(3) Statements made by a juvenile after the juvenile is contacted by a law enforcement officer in a manner described under subsection (1) of this section are not admissible in a juvenile offender or adult criminal court proceeding, unless:
(a) The juvenile has been provided with access to an attorney for consultation; and the juvenile provides an express waiver knowingly, intelligently, and voluntarily made by the juvenile after the juvenile has been fully informed of the rights being waived as required under RCW 13.40.140
;
(b) The statement is for impeachment purposes; or
(c) The statement was made spontaneously.
(4) A law enforcement officer may question a juvenile without following the requirement in subsection (1) of this section if:
(a) The law enforcement officer believes the juvenile is a victim of trafficking as defined in RCW 9A.40.100
; however, any information obtained from the juvenile by law enforcement pursuant to this subsection cannot be used in any prosecution of that juvenile; or
(b)(i) The law enforcement officer believes that the information sought is necessary to protect an individual's life from an imminent threat;
(ii) A delay to allow legal consultation would impede the protection of an individual's life from an imminent threat; and
(iii) Questioning by the law enforcement officer is limited to matters reasonably expected to obtain information necessary to protect an individual's life from an imminent threat.
(5) After the juvenile has consulted with legal counsel, the juvenile may advise, direct a parent or guardian to advise, or direct legal counsel to advise the law enforcement officer that the juvenile chooses to assert a constitutional right. Any assertion of constitutional rights by the juvenile through legal counsel must be treated by a law enforcement officer as though it came from the juvenile. The waiver of any constitutional rights of the juvenile may only be made according to the requirements of RCW 13.40.140
.
(6) For purposes of this section, the following definitions apply:
(a) "Juvenile" means any individual who is under the chronological age of 18 years; and
(b) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, including school resource officers as defined in RCW 28A.320.124
and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.
[
2021 c 328 s 1
.]
NOTES:
Effective date
—
2021 c 328:
"This act takes effect January 1, 2022." [
2021 c 328 s 7
.]
RCW 13.40.745
Program grants
—
Sex offender evaluation and treatment programs.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall develop and implement a grant program that allows defense attorneys and counties to apply for funding for sex offender evaluation and treatment programs.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department shall provide funding to counties for process mapping, site assessment, and training for additional sex offender treatment modalities such as multisystemic therapy-problem sexual behavior or problematic sexual behavior-cognitive behavioral therapy.
[
2023 c 150 s 2
.]
NOTES:
Findings
—
Intent
—
2023 c 150:
See note following RCW 9A.44.130
.
RCW 13.40.900
Construction
—
Chapter applicable to state registered domestic partnerships
—
2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[
2009 c 521 s 43
.]