Text of WA HB 2389 (2026)

AN ACT Relating to modifying provisions related to individuals 1 found to have committed criminal offenses when under the age of 18 by 2 increasing alternatives to confinement and modifying placement 3 options for those in confinement; amending RCW 13.40.160, 13.40.165, 4 13.40.185, 13.40.0357, 13.40.210, 13.40.230, 13.40.300, 9.92.151, 5 13.40.193, 13.40.308, 13.40.020, 13.40.460, 72.65.200, 72.05.420, 6 13.40.215, 72.01.410, 13.40.280, 13.40.205, and 13.40.210; adding a 7 new section to chapter 13.40 RCW; adding a new section to chapter 8 72.01 RCW; creating new sections; and declaring an emergency. 9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 10 NEW SECTION. Sec. 1. (1) The legislature finds that despite 11 significant reductions in youth crime in the past 15 years, racial 12 disparities continue to persist, with Black, Latino, and indigenous 13 youth overrepresented in juvenile court filings, adjudications, and 14 admissions to state juvenile prison. 15 (2) The legislature further finds that Washington remains the 16 only state in the country with a presumptive sentencing grid for all 17 youth offenders. Most other states either consider individualized 18 factors, or use a sentencing grid based on risk levels or for certain 19 offenses. 20 H-2620.3 HOUSE BILL 2389 State of Washington 69th Legislature 2026 Regular Session By Representatives Cortes and Bergquist Prefiled 01/09/26. p. 1 HB 2389 (3) The legislature further finds that Washington's juvenile 1 sentencing grid was established in 1978, and has rarely been changed, 2 despite significant advances in our understanding of youth 3 development, brain science, and effective alternatives to secure 4 incarceration. 5 (4) The legislature further finds that black youth are 27 times 6 more likely than white youth to be charged with a robbery offense, 7 offenses which require lengthy sentences even for first-time 8 offenders. The legislature further finds that youth adjudicated of 9 robbery offenses make up approximately one-third of the current 10 population incarcerated in a juvenile rehabilitation institution, 11 exacerbating both overcrowding and racial and ethnic disparities in 12 Washington's youth prisons. Moreover, research regarding length of 13 incarceration shows that stays longer than six months do not reduce 14 recidivism and that longer lengths of stay increase the mental health 15 and health disparities for system-involved youth including trauma and 16 posttraumatic stress disorder. 17 (5) Therefore, the legislature intends to strengthen local 18 decision making, provide more equitable access to sentencing 19 alternatives, and provide opportunities for youth who have 20 demonstrated significant rehabilitation to move to less-restrictive 21 placement options. 22 PART I 23 JUVENILE SENTENCING 24 Sec. 2. RCW 13.40.160 and 2023 c 295 s 9 are each amended to 25 read as follows: 26 (1) The standard range disposition for a juvenile adjudicated of 27 an offense is determined according to RCW 13.40.0357 and this 28 section. 29 (a) When the court sentences an offender to a local sanction as 30 provided in RCW 13.40.0357 option A, the court shall impose a 31 determinate disposition within the standard ranges, except as 32 provided in subsections (2)((, (3), (4),)) through (5)((, or (6))) of 33 this section. The disposition may be comprised of one or more local 34 sanctions. 35 (b) When the court sentences an offender to a standard range as 36 provided in RCW 13.40.0357 option A that includes a term of 37 confinement exceeding ((thirty)) 30 days, commitment shall be to the 38 p. 2 HB 2389 department for the standard range of confinement, except as provided 1 in subsections (2)((, (3), (4),)) through (5)((, or (6))) of this 2 section. 3 (c) Unless the offense is excluded under (d) of this subsection, 4 the court must maintain concurrent jurisdiction with the department 5 over a juvenile committed to the department, except the court's 6 concurrent jurisdiction may be only for the purposes of conducting 7 the review hearings described under RCW 13.40.185(3), and any 8 community supervision that is ordered if a juvenile is released at 9 the review hearing. 10 (d) Concurrent jurisdiction described in (c) of this subsection 11 is not required for the following: 12 (i) A serious violent offense as defined in RCW 9.94A.030; 13 (ii) A violent offense as defined in RCW 9.94A.030 and the 14 juvenile has a criminal history consisting of: One or more prior 15 serious violent offenses; two or more prior violent offenses; or 16 three or more of any combination of the following offenses: Any class 17 A felony, any class B felony, vehicular assault, or manslaughter in 18 the second degree, all of which must have been committed after the 19 juvenile's 13th birthday and prosecuted separately; 20 (iii) A sex offense as defined in RCW 9.94A.030; 21 (iv) Manslaughter in the second degree under RCW 9A.32.070; 22 (v) Hit and run resulting in death under RCW 46.52.020(4)(a); 23 (vi) Assault of a child in the second degree under RCW 9A.36.130; 24 and 25 (vii) Vehicular homicide under RCW 46.61.520. 26 (2) If the court concludes, and enters reasons for its 27 conclusion, that disposition within the standard range would 28 effectuate a manifest injustice the court shall impose a disposition 29 outside the standard range, as indicated in option D of RCW 30 13.40.0357. The court's finding of manifest injustice shall be 31 supported by clear and convincing evidence. 32 A disposition outside the standard range shall be determinate, 33 subject to RCW 13.40.185(3), and shall be comprised of confinement or 34 community supervision, or a combination thereof. When a judge finds a 35 manifest injustice and imposes a sentence of confinement exceeding 36 thirty days, the court shall sentence the juvenile to a maximum term, 37 and the provisions of RCW 13.40.030(2) shall be used to determine the 38 range. A disposition outside the standard range is appealable under 39 RCW 13.40.230 by the state or the respondent. A disposition ((within 40 p. 3 HB 2389 the standard range)) with a term of confinement that is 30 days or 1 more is ((not)) appealable under RCW 13.40.230 unless the disposition 2 relates to an offense in subsection (1)(d) of this section. 3 (3) If a juvenile offender is found to have committed a sex 4 offense, other than a sex offense that is also a serious violent 5 offense as defined by RCW 9.94A.030, and has no history of a prior 6 sex offense, the court may impose the special sex offender 7 disposition alternative under RCW 13.40.162. 8 (4) ((If the juvenile offender is subject to a standard range 9 disposition of local sanctions or 15 to 36 weeks of confinement and 10 has not committed an A- or B+ offense, the)) The court may impose the 11 disposition alternative under RCW 13.40.165 unless a juvenile has 12 been adjudicated of an offense described in subsection (1)(d) of this 13 section. 14 (5) ((If a juvenile is subject to a commitment of 15 to 65 weeks 15 of confinement, the court may impose the disposition alternative 16 under RCW 13.40.167. 17 (6) When the offender is subject to a standard range commitment 18 of 15 to 36 weeks and is ineligible for a suspended disposition 19 alternative, a manifest injustice disposition below the standard 20 range, special sex offender disposition alternative, chemical 21 dependency disposition alternative, or mental health disposition 22 alternative, the court in a county with a pilot program under RCW 23 13.40.169 may impose the disposition alternative under RCW 13.40.169. 24 (7))) RCW 13.40.193 shall govern the disposition of any juvenile 25 adjudicated of possessing a firearm in violation of RCW 26 9.41.040(2)(a)(v) or any crime in which a special finding is entered 27 that the juvenile was armed with a firearm. 28 (((8))) (6) RCW 13.40.308 shall govern the disposition of any 29 juvenile adjudicated of theft of a motor vehicle as defined under RCW 30 9A.56.065, possession of a stolen motor vehicle as defined under RCW 31 9A.56.068, taking a motor vehicle without permission in the first 32 degree under RCW 9A.56.070, and taking a motor vehicle without 33 permission in the second degree under RCW 9A.56.075. 34 (((9))) (7) Whenever a juvenile offender is entitled to credit 35 for time spent in detention prior to a dispositional order, the 36 dispositional order shall specifically state the number of days of 37 credit for time served. 38 (((10))) (8) Except as provided under subsections (3)((, (4),)) 39 through (5)((, or (6))) of this section, or option B of RCW 40 p. 4 HB 2389 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer 1 the imposition or the execution of the disposition. 2 (((11))) (9) In no case shall the term of confinement imposed by 3 the court at disposition exceed that to which an adult could be 4 subjected for the same offense. 5 Sec. 3. RCW 13.40.165 and 2023 c 449 s 18 are each amended to 6 read as follows: 7 (1) The purpose of this disposition alternative is to ensure that 8 successful treatment options to reduce recidivism are available to 9 eligible youth, pursuant to RCW 71.24.615. It is also the purpose of 10 the disposition alternative to assure that minors in need of 11 substance use disorder, mental health, and/or co-occurring disorder 12 treatment receive an appropriate continuum of culturally relevant 13 care and treatment, including prevention and early intervention, 14 self-directed care, parent-directed care, and residential treatment. 15 To facilitate the continuum of care and treatment to minors in out- 16 of-home placements, all divisions of the department that provide 17 these services to minors shall jointly plan and deliver these 18 services. It is also the purpose of the disposition alternative to 19 protect the rights of minors against needless hospitalization and 20 deprivations of liberty and to enable treatment decisions to be made 21 in response to clinical needs and in accordance with sound 22 professional judgment. The mental health, substance abuse, and co- 23 occurring disorder treatment providers shall, to the extent possible, 24 offer services that involve minors' parents, guardians, and family. 25 (2) The court must consider eligibility for the substance use 26 disorder or mental health disposition alternative when a juvenile 27 offender is subject to a standard range disposition ((of local 28 sanctions or 15 to 36 weeks of confinement)) and has not committed an 29 ((A- or B+ offense, other than a first time B+ offense under chapter 30 69.50 RCW)) offense under RCW 13.40.160(1)(d). The court, on its own 31 motion or the motion of the state or the respondent if the evidence 32 shows that the offender may be chemically dependent, substance 33 abusing, or has significant mental health or co-occurring disorders 34 may order an examination by a substance use disorder counselor from a 35 substance use disorder treatment facility approved under chapter 36 70.96A RCW or a mental health professional as defined in chapter 37 71.34 RCW to determine if the youth is chemically dependent, 38 substance abusing, or suffers from significant mental health or co- 39 p. 5 HB 2389 occurring disorders. The state shall pay the cost of any examination 1 ordered under this subsection unless third-party insurance coverage 2 is available. 3 (3) The report of the examination shall include at a minimum the 4 following: The respondent's version of the facts and the official 5 version of the facts, the respondent's offense history, an assessment 6 of drug-alcohol problems, mental health diagnoses, previous treatment 7 attempts, the respondent's social, educational, and employment 8 situation, and other evaluation measures used. The report shall set 9 forth the sources of the examiner's information. 10 (4) The examiner shall assess and report regarding the 11 respondent's relative risk to the community. A proposed treatment 12 plan shall be provided and shall include, at a minimum: 13 (a) Whether inpatient and/or outpatient treatment is recommended; 14 (b) Availability of appropriate treatment; 15 (c) Monitoring plans, including any requirements regarding living 16 conditions, lifestyle requirements, and monitoring by family members, 17 legal guardians, or others; 18 (d) Anticipated length of treatment; and 19 (e) Recommended crime-related prohibitions. 20 (5) The court on its own motion may order, or on a motion by the 21 state or the respondent shall order, a second examination. The 22 evaluator shall be selected by the party making the motion. The 23 requesting party shall pay the cost of any examination ordered under 24 this subsection unless the requesting party is the offender, in which 25 case the state shall pay the cost if no third-party insurance 26 coverage is available. 27 (6)(a) After receipt of reports of the examination, the court 28 shall then consider whether the offender and the community will 29 benefit from use of this disposition alternative and consider the 30 victim's opinion whether the offender should receive a treatment 31 disposition under this section. 32 (b) The suspended disposition shall be granted unless the court 33 makes an independent finding, supported by a preponderance of the 34 evidence, that commitment to the department is needed because 35 remaining in the community and being placed on community supervision, 36 with a suspended commitment to the department, would not adequately 37 protect the community. In making a finding the court shall consider 38 the following factors: 39 p. 6 HB 2389 (i) The severity of the offense or offenses for which the 1 juvenile has most recently been adjudicated, including the juvenile's 2 role in the offense, the juvenile's behavior, and harm done to 3 victims; 4 (ii) The juvenile's criminal history, including the adequacy and 5 success of previous attempts by the juvenile court to rehabilitate 6 the juvenile; 7 (iii) Whether the programming, treatment, and education offered 8 and provided in a juvenile rehabilitation facility is appropriate to 9 meet the treatment and security needs of the juvenile; 10 (iv) Whether the goals of rehabilitation and community safety can 11 be met by assigning the juvenile to a less restrictive disposition 12 that is available to the court; and 13 (v) The juvenile's age, developmental maturity, mental and 14 emotional health, sexual orientation, gender identity and expression, 15 and any disabilities or special needs impacting the safety or 16 suitability of committing the juvenile to a term of confinement in 17 juvenile court. 18 (c) If the court does not make the finding described in (b) of 19 this subsection, the court shall establish in writing the conditions 20 that the juvenile will be ordered to comply with on the suspended 21 disposition. 22 (d) If the court ((determines that)) orders this disposition 23 alternative ((is appropriate)) according to the requirements of this 24 section, then the court shall impose the standard range for the 25 offense, or if the court concludes, and enters reasons for its 26 conclusion, that such disposition would effectuate a manifest 27 injustice, the court shall impose a disposition above the standard 28 range as indicated in option D of RCW 13.40.0357 if the disposition 29 is an increase from the standard range ((and the confinement of the 30 offender does not exceed a maximum of 52 weeks)), suspend execution 31 of the disposition, and place the offender on community supervision 32 for up to one year. At any time after the court suspends a 33 disposition under this section, the court may continue community 34 supervision for an additional one-year period for good cause. As a 35 condition of the suspended disposition, the court shall require the 36 offender to undergo available outpatient drug/alcohol, mental health, 37 or co-occurring disorder treatment and/or inpatient mental health or 38 drug/alcohol treatment. The court may impose a determinate sentence 39 of electronic monitoring, if such electronic monitoring is available 40 p. 7 HB 2389 in the jurisdiction, for up to the minimum of the juvenile's standard 1 range. 2 (e) The court shall only order inpatient treatment under this 3 section if a funded bed is available. If the inpatient treatment is 4 longer than 90 days, the court shall hold a review hearing every 30 5 days beyond the initial 90 days. The respondent may appear 6 telephonically at these review hearings if in compliance with 7 treatment. 8 (f) As a condition of the suspended disposition, the court may 9 impose conditions of community supervision and other sanctions, 10 including up to 30 days of confinement, 150 hours of community 11 restitution, and payment of restitution. The court shall establish in 12 writing the conditions the juvenile must follow to maintain the 13 suspended disposition. 14 (7) The mental health/co-occurring disorder/drug/alcohol 15 treatment provider shall submit monthly reports on the respondent's 16 progress in treatment to the court and the parties. The reports shall 17 reference the treatment plan and include at a minimum the following: 18 Dates of attendance, respondent's compliance with requirements, 19 treatment activities, the respondent's relative progress in 20 treatment, and any other material specified by the court at the time 21 of the disposition. 22 At the time of the disposition, the court may set treatment 23 review hearings as the court considers appropriate. 24 If the offender violates any condition of the disposition or the 25 court finds that the respondent is failing to make satisfactory 26 progress in treatment, the court may impose sanctions pursuant to RCW 27 13.40.200 or, if the court makes a finding under subsection (6)(b) of 28 this section, revoke the suspension and order execution of the 29 disposition. The court shall give credit for any confinement time 30 previously served if that confinement was for the offense for which 31 the suspension is being revoked. 32 (8) For purposes of this section, "victim" means any person who 33 has sustained emotional, psychological, physical, or financial injury 34 to person or property as a direct result of the offense charged. 35 "Victim" may also include a known parent or guardian of a victim who 36 is a minor child or is not a minor child but is incapacitated, 37 incompetent, disabled, or deceased. 38 (9) Whenever a juvenile offender is entitled to credit for time 39 spent in detention prior to a dispositional order, the dispositional 40 p. 8 HB 2389 order shall specifically state the number of days of credit for time 1 served. 2 (10) In no case shall the term of confinement imposed by the 3 court at disposition exceed that to which an adult could be subjected 4 for the same offense. 5 (11) A disposition under this section is ((not)) appealable under 6 RCW 13.40.230. 7 (12) Subject to funds appropriated for this specific purpose, the 8 costs incurred by the juvenile courts for the mental health, 9 substance use disorder, and/or co-occurring disorder evaluations, 10 treatment, and costs of supervision required under this section shall 11 be paid by the health care authority. 12 (13) A juvenile, or the parent, guardian, or other person having 13 custody of the juvenile shall not be required to pay the cost of any 14 evaluation or treatment ordered under this section. 15 Sec. 4. RCW 13.40.185 and 2017 3rd sp.s. c 6 s 608 are each 16 amended to read as follows: 17 (1)(a) Any term of confinement imposed for an offense which 18 exceeds ((thirty)) 30 days shall be served under the supervision of 19 the department, although the juvenile court maintains concurrent 20 jurisdiction with the department over the juvenile, only for the 21 purposes of conducting review hearings described under this section 22 and any community supervision that is ordered if a juvenile is 23 released at the review hearing. If the period of confinement imposed 24 for more than one offense exceeds ((thirty)) 30 days but the term 25 imposed for each offense is less than ((thirty)) 30 days or if the 26 court orders electronic monitoring up to the minimum of the standard 27 range under RCW 13.40.165(6)(d) and 13.40.0357, the confinement may, 28 in the discretion of the court, be served in a juvenile facility 29 operated by or pursuant to a contract with the state or a county. 30 (b) The juvenile court administrator and the secretary of the 31 department, or the secretary's designee, in alignment with the 32 definition of confinement in RCW 13.40.020(7), shall prioritize 33 capacity-related concerns related to the physical custody of the 34 juvenile when establishing contractual agreements in efforts to 35 provide a humane, safe, and rehabilitative environment. 36 (2) Whenever a juvenile is confined in a detention facility or is 37 committed to the department, the court may not directly order a 38 juvenile into a particular county or state facility. The juvenile 39 p. 9 HB 2389 court administrator and the secretary or the secretary's designee, as 1 appropriate, has the sole discretion to determine in which facility a 2 juvenile should be confined or committed. The counties may operate a 3 variety of detention facilities as determined by the county 4 legislative authority subject to available funds. 5 (3) Excluding the offenses listed in RCW 13.40.160(1)(d), the 6 juvenile court maintains concurrent jurisdiction with the department 7 over a juvenile who is committed to the department, except the 8 court's concurrent jurisdiction may be only for the purposes of 9 scheduling and conducting a review hearing at the midpoint of the 10 minimum range, provided the review does not occur until after the 11 juvenile has served at least six months in the custody of the 12 department, and imposing any community supervision that is ordered if 13 a juvenile is released at the review hearing. 14 (a) The department shall provide a report to the juvenile court 15 at least 14 days before each review hearing detailing: 16 (i) The services received by the juvenile; 17 (ii) Any infractions committed by the juvenile; 18 (iii) How often the juvenile has been under room confinement due 19 to staffing issues or overpopulation and whether there have been any 20 major disruptions to programming in the three months preceding the 21 review hearing. 22 (b) During the review hearing the court shall consider the 23 juvenile's progress and input of the victim, and unless the court 24 makes a finding under RCW 13.40.160(1)(c), the court shall release 25 the juvenile from the custody of the department, no less than 14 days 26 after the review hearing and no more than 21 days, and place the 27 juvenile on up to a year of community supervision administered by the 28 county, unless the juvenile will be placed on mandatory parole, in 29 which case the juvenile shall be released to parole rather than 30 community supervision. 31 (c) The prosecutor shall provide notice to the victim at least 32 one month before each review hearing described under this subsection, 33 if the victim requests such notice be provided. 34 (d) The respondent shall appear remotely for the hearing 35 described under this subsection, unless ordered by the court to 36 appear in person. 37 Sec. 5. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 38 read as follows: 39 p. 10 HB 2389 1 DESCRIPTION AND OFFENSE CATEGORY 2 3 4 5 6 JUVENILE DISPOSITION OFFENSE CATEGORY DESCRIPTION (RCW CITATION) JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION 7 Arson and Malicious Mischief 8 A Arson 1 (9A.48.020) B+ 9 B Arson 2 (9A.48.030) C 10 C Reckless Burning 1 (9A.48.040) D 11 D Reckless Burning 2 (9A.48.050) E 12 B Malicious Mischief 1 (9A.48.070) C 13 C Malicious Mischief 2 (9A.48.080) D 14 D Malicious Mischief 3 (9A.48.090) E 15 16 E Tampering with Fire Alarm Apparatus (9.40.100) E 17 18 E Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) E 19 20 A Possession of Incendiary Device (9.40.120) B+ 21 22 Assault and Other Crimes Involving Physical Harm 23 A Assault 1 (9A.36.011) B+ 24 B+ Assault 2 (9A.36.021) C+ 25 C+ Assault 3 (9A.36.031) D+ 26 D+ Assault 4 (9A.36.041) E 27 28 B+ Drive-By Shooting (9A.36.045) committed at age 15 or under C+ 29 30 A++ Drive-By Shooting (9A.36.045) committed at age 16 or 17 A 31 D+ Reckless Endangerment (9A.36.050) E 32 C+ Promoting Suicide Attempt (9A.36.060) D+ 33 D+ Coercion (9A.36.070) E 34 C+ Custodial Assault (9A.36.100) D+ 35 Burglary and Trespass p. 11 HB 2389 1 2 B+ Burglary 1 (9A.52.020) committed at age 15 or under C+ 3 4 A- Burglary 1 (9A.52.020) committed at age 16 or 17 B+ 5 B Residential Burglary (9A.52.025) C 6 B Burglary 2 (9A.52.030) C 7 8 D Burglary Tools (Possession of) (9A.52.060) E 9 D Criminal Trespass 1 (9A.52.070) E 10 E Criminal Trespass 2 (9A.52.080) E 11 C Mineral Trespass (78.44.330) C 12 C Vehicle Prowling 1 (9A.52.095) D 13 D Vehicle Prowling 2 (9A.52.100) E 14 Drugs 15 16 E Possession/Consumption of Alcohol (66.44.270) E 17 18 C Illegally Obtaining Legend Drug (69.41.020) D 19 20 C+ Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) D+ 21 22 E Possession of Legend Drug (69.41.030(2)(b)) E 23 24 25 26 B+ Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) B+ 27 28 29 C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) C 30 31 E Possession of Cannabis <40 grams (69.50.4014) E 32 33 C Fraudulently Obtaining Controlled Substance (69.50.403) C 34 35 C+ Sale of Controlled Substance for Profit (69.50.410) C+ 36 E Unlawful Inhalation (9.47A.020) E p. 12 HB 2389 1 2 3 4 5 B Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) B 6 7 8 C Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) C 9 10 11 E Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) E 12 13 14 C Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012) C 15 Firearms and Weapons 16 B Theft of Firearm (9A.56.300) C 17 18 B Possession of Stolen Firearm (9A.56.310) C 19 20 E Carrying Loaded Pistol Without Permit (9.41.050) E 21 22 C Possession of Firearms by Minor (<18) (9.41.040(2)(a) (v)) C 23 24 D+ Possession of Dangerous Weapon (9.41.250) E 25 26 D Intimidating Another Person by use of Weapon (9.41.270) E 27 Homicide 28 A+ Murder 1 (9A.32.030) A 29 A+ Murder 2 (9A.32.050) B+ 30 B+ Manslaughter 1 (9A.32.060) C+ 31 C+ Manslaughter 2 (9A.32.070) D+ 32 B+ Vehicular Homicide (46.61.520) C+ 33 Kidnapping 34 A Kidnap 1 (9A.40.020) B+ 35 B+ Kidnap 2 (9A.40.030) C+ 36 C+ Unlawful Imprisonment (9A.40.040) D+ 37 Obstructing Governmental Operation p. 13 HB 2389 1 2 D Obstructing a Law Enforcement Officer (9A.76.020) E 3 E Resisting Arrest (9A.76.040) E 4 B Introducing Contraband 1 (9A.76.140) C 5 C Introducing Contraband 2 (9A.76.150) D 6 E Introducing Contraband 3 (9A.76.160) E 7 8 B+ Intimidating a Public Servant (9A.76.180) C+ 9 B+ Intimidating a Witness (9A.72.110) C+ 10 Public Disturbance 11 12 C+ Criminal Mischief with Weapon (9A.84.010(2)(b)) D+ 13 14 D+ Criminal Mischief Without Weapon (9A.84.010(2)(a)) E 15 E Failure to Disperse (9A.84.020) E 16 E Disorderly Conduct (9A.84.030) E 17 Sex Crimes 18 A Rape 1 (9A.44.040) B+ 19 20 B++ Rape 2 (9A.44.050) committed at age 14 or under B+ 21 22 A- Rape 2 (9A.44.050) committed at age 15 through age 17 B+ 23 C+ Rape 3 (9A.44.060) D+ 24 25 B++ Rape of a Child 1 (9A.44.073) committed at age 14 or under B+ 26 27 A- Rape of a Child 1 (9A.44.073) committed at age 15 B+ 28 B+ Rape of a Child 2 (9A.44.076) C+ 29 B Incest 1 (9A.64.020(1)) C 30 C Incest 2 (9A.64.020(2)) D 31 32 D+ Indecent Exposure (Victim <14) (9A.88.010) E 33 34 E Indecent Exposure (Victim 14 or over) (9A.88.010) E 35 B+ Promoting Prostitution 1 (9A.88.070) C+ 36 C+ Promoting Prostitution 2 (9A.88.080) D+ p. 14 HB 2389 1 E O & A (Prostitution) (9A.88.030) E 2 B+ Indecent Liberties (9A.44.100) C+ 3 4 B++ Child Molestation 1 (9A.44.083) committed at age 14 or under B+ 5 6 A- Child Molestation 1 (9A.44.083) committed at age 15 through age 17 B+ 7 B Child Molestation 2 (9A.44.086) C+ 8 9 C Failure to Register as a Sex Offender (9A.44.132) D 10 11 Theft, Robbery, Extortion, and Forgery 12 B Theft 1 (9A.56.030) C 13 C Theft 2 (9A.56.040) D 14 D Theft 3 (9A.56.050) E 15 16 B Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) C 17 C Forgery (9A.60.020) D 18 19 ((A)) A- Robbery 1 (9A.56.200) committed at age 15 or under B+ 20 21 ((A+ +)) A Robbery 1 (9A.56.200) committed at age 16 or 17 ((A)) B+ 22 23 ((B+)) B Robbery 2 (9A.56.210) C+ 24 B+ Extortion 1 (9A.56.120) C+ 25 C+ Extortion 2 (9A.56.130) D+ 26 C Identity Theft 1 (9.35.020(2)) D 27 D Identity Theft 2 (9.35.020(3)) E 28 29 D Improperly Obtaining Financial Information (9.35.010) E 30 31 B Possession of a Stolen Vehicle (9A.56.068) C 32 33 B Possession of Stolen Property 1 (9A.56.150) C 34 35 C Possession of Stolen Property 2 (9A.56.160) D 36 37 D Possession of Stolen Property 3 (9A.56.170) E p. 15 HB 2389 1 2 B Taking Motor Vehicle Without Permission 1 (9A.56.070) C 3 4 C Taking Motor Vehicle Without Permission 2 (9A.56.075) D 5 B Theft of a Motor Vehicle (9A.56.065) C 6 Motor Vehicle Related Crimes 7 E Driving Without a License (46.20.005) E 8 B+ Hit and Run - Death (46.52.020(4)(a)) C+ 9 C Hit and Run - Injury (46.52.020(4)(b)) D 10 D Hit and Run-Attended (46.52.020(5)) E 11 E Hit and Run-Unattended (46.52.010) E 12 C Vehicular Assault (46.61.522) D 13 14 C Attempting to Elude Pursuing Police Vehicle (46.61.024) D 15 E Reckless Driving (46.61.500) E 16 17 D Driving While Under the Influence (46.61.502 and 46.61.504) E 18 19 B+ Felony Driving While Under the Influence (46.61.502(6)) B 20 21 B+ Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) B 22 Other 23 B Animal Cruelty 1 (16.52.205) C 24 B Bomb Threat (9.61.160) C 25 C Escape 11 (9A.76.110) C 26 C Escape 21 (9A.76.120) C 27 D Escape 3 (9A.76.130) E 28 29 E Obscene, Harassing, Etc., Phone Calls (9.61.230) E 30 31 A Other Offense Equivalent to an Adult Class A Felony B+ 32 33 B Other Offense Equivalent to an Adult Class B Felony C 34 35 C Other Offense Equivalent to an Adult Class C Felony D p. 16 HB 2389 1 2 D Other Offense Equivalent to an Adult Gross Misdemeanor E 3 4 E Other Offense Equivalent to an Adult Misdemeanor E 5 6 7 V Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V 1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses 8 and the standard range is established as follows: 9 1st escape or attempted escape during 12-month period - 28 days 10 confinement 11 2nd escape or attempted escape during 12-month period - 8 weeks 12 confinement 13 3rd and subsequent escape or attempted escape during 12-month 14 period - 12 weeks confinement 15 2If the court finds that a respondent has violated terms of an order, 16 it may impose a penalty of up to 30 days of confinement. 17 JUVENILE SENTENCING STANDARDS 18 This schedule must be used for juvenile offenders. The court may 19 select sentencing option A, B, C, or D. 20 21 22 23 OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE 24 A++ 129 to 260 weeks for all category A++ offenses 25 A+ 180 weeks to age 21 for all category A+ offenses 26 A 103-129 weeks for all category A offenses 27 A- 30-40 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks 28 B++ 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 103-129 weeks 29 CURRENT B+ 15-36 weeks 15-36 weeks 52-65 weeks 80-100 weeks 103-129 weeks 30 OFFENSE B LS LS 15-36 weeks 15-36 weeks 52-65 weeks 31 CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeks 32 C LS LS LS LS 15-36 weeks 33 D+ LS LS LS LS LS p. 17 HB 2389 1 D LS LS LS LS LS 2 E LS LS LS LS LS 3 PRIOR 0 1 2 3 4 or more 4 ADJUDICATIONS NOTE: References in the grid to days or weeks mean periods of 5 confinement. "LS" means "local sanctions" as defined in RCW 6 13.40.020. 7 (1) The vertical axis of the grid is the current offense 8 category. The current offense category is determined by the offense 9 of adjudication. 10 (2) The horizontal axis of the grid is the number of prior 11 adjudications included in the juvenile's criminal history. Each prior 12 felony adjudication shall count as one point. Each prior violation, 13 misdemeanor, and gross misdemeanor adjudication shall count as 1/4 14 point. Fractional points shall be rounded down. 15 (3) The standard range disposition for each offense is determined 16 by the intersection of the column defined by the prior adjudications 17 and the row defined by the current offense category. 18 (4) RCW 13.40.180 applies if the offender is being sentenced for 19 more than one offense. 20 (5) A current offense that is a violation is equivalent to an 21 offense category of E. However, a disposition for a violation shall 22 not include confinement. 23 OR 24 OPTION B 25 SUSPENDED DISPOSITION ALTERNATIVE 26 (1) The court must consider eligibility for the suspended 27 disposition alternative when a juvenile offender is subject to a 28 standard range disposition. The suspended disposition shall be 29 granted, on condition that the offender comply with one or more local 30 sanctions and any educational or treatment requirement, unless the 31 court makes an independent finding, supported by a preponderance of 32 the evidence, that commitment to the department is needed because 33 remaining in the community and being placed on community supervision, 34 with a suspended commitment to the department, would not adequately 35 protect the community. When determining whether to grant the 36 suspended disposition, the court shall consider the factors outlined 37 p. 18 HB 2389 in RCW 13.40.165(6)(b). If the offender is subject to a standard 1 range disposition involving confinement by the department, the court 2 may impose the standard range and suspend the disposition on 3 condition that the offender comply with one or more local sanctions 4 and any educational or treatment requirement. The court may also 5 impose a determinate sentence of electronic monitoring, if such 6 electronic monitoring is available in the jurisdiction, for up to the 7 minimum of the juvenile's standard range. 8 If the offender is subject to a standard range disposition 9 involving confinement by the department, the court may impose the 10 standard range and suspend the disposition on condition that the 11 offender comply with one or more local sanctions and any educational 12 or treatment requirement. The treatment programs provided to the 13 offender must be either research-based best practice programs as 14 identified by the Washington state institute for public policy or the 15 joint legislative audit and review committee, or for chemical 16 dependency treatment programs or services, they must be evidence- 17 based or research-based best practice programs. For the purposes of 18 this subsection: 19 (a) "Evidence-based" means a program or practice that has had 20 multiple site random controlled trials across heterogeneous 21 populations demonstrating that the program or practice is effective 22 for the population; and 23 (b) "Research-based" means a program or practice that has some 24 research demonstrating effectiveness, but that does not yet meet the 25 standard of evidence-based practices. 26 (2) If the offender fails to comply with the suspended 27 disposition, the court may impose sanctions pursuant to RCW 13.40.200 28 or may revoke the suspended disposition and order the disposition's 29 execution if the court makes the finding described under RCW 30 13.40.165(6)(b). 31 (3) An offender is ineligible for the suspended disposition 32 option under this section if the offender: 33 (a) Is adjudicated of an A+ or A++ offense; 34 (b) Is fourteen years of age or older and is adjudicated of one 35 or more of the following offenses: 36 (i) A class A felony offense as described under RCW 9A.20.020, or 37 an attempt, conspiracy, or solicitation to commit a class A felony 38 offense as described under RCW 9A.20.020; 39 (ii) Manslaughter in the first degree (RCW 9A.32.060); 40 p. 19 HB 2389 (iii) ((Assault in the second degree (RCW 9A.36.021), extortion)) 1 Extortion in the first degree (RCW 9A.56.120), kidnapping in the 2 second degree (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), 3 vehicular homicide (RCW 46.61.520), hit and run death (RCW 4 46.52.020(4)(a)), or manslaughter 2 (RCW 9A.32.070); or 5 (iv) Violation of the uniform controlled substances act (RCW 6 69.50.401(2) (a) and (b)), when the offense includes infliction of 7 bodily harm upon another or when during the commission or immediate 8 withdrawal from the offense the respondent was armed with a deadly 9 weapon; or 10 (c) ((Is ordered to serve a disposition for a firearm violation 11 under RCW 13.40.193; 12 (d))) Is adjudicated of a sex offense as defined in RCW 13 9.94A.030((; or 14 (e) Has a prior option B disposition)). 15 (4) The court may revoke a suspended disposition only if the 16 court makes a finding under RCW 13.40.165(6)(b). 17 OR 18 OPTION C 19 CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE 20 ((If the juvenile offender is subject to a standard range 21 disposition of local sanctions or 15 to 36 weeks of confinement and 22 has not committed a B++ or B+ offense, the)) The court may impose a 23 disposition alternative under the conditions described under this 24 section, RCW 13.40.160(4), and RCW 13.40.165. The court may revoke a 25 disposition alternative only if the court makes a finding under RCW 26 13.40.160(1)(c). 27 OR 28 OPTION D 29 MANIFEST INJUSTICE 30 If the court determines that a disposition under option A, B, or C 31 would effectuate a manifest injustice, the court shall impose a 32 disposition outside the standard range under RCW 13.40.160(2). 33 Sec. 6. RCW 13.40.210 and 2024 c 297 s 16 are each amended to 34 read as follows: 35 (1) The secretary shall set a release date for each juvenile 36 committed to its custody. The department shall prioritize setting the 37 p. 20 HB 2389 release date for juveniles who would serve less than 30 days under 1 the supervision of the department. The release date shall be within 2 the prescribed range to which a juvenile has been committed under RCW 3 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 4 concerning offenders the department determines are eligible for the 5 juvenile offender basic training camp program. Such dates shall be 6 determined prior to the expiration of ((sixty)) 60 percent of a 7 juvenile's minimum term of confinement included within the prescribed 8 range to which the juvenile has been committed. The secretary shall 9 release any juvenile committed to the custody of the department 10 within four calendar days prior to the juvenile's release date or on 11 the release date set under this chapter. Days spent in the custody of 12 the department shall be tolled by any period of time during which a 13 juvenile has absented himself or herself from the department's 14 supervision without the prior approval of the secretary or the 15 secretary's designee. 16 (2) The secretary shall monitor the average daily population of 17 the state's juvenile residential facilities. When the secretary 18 concludes that in-residence population of residential facilities 19 exceeds ((one hundred five)) 105 percent of the rated bed capacity 20 specified in statute, or in absence of such specification, as 21 specified by the department in rule, the secretary may recommend 22 reductions to the governor. On certification by the governor that the 23 recommended reductions are necessary, the secretary has authority to 24 administratively release a sufficient number of offenders to reduce 25 in-residence population to ((one hundred)) 100 percent of rated bed 26 capacity. The secretary shall release those offenders who have served 27 the greatest proportion of their sentence. However, the secretary may 28 deny release in a particular case at the request of an offender, or 29 if the secretary finds that there is no responsible custodian, as 30 determined by the department, to whom to release the offender, or if 31 the release of the offender would pose a clear danger to society. The 32 department shall notify the committing court of the release at the 33 time of release if any such early releases have occurred as a result 34 of excessive in-residence population. In no event shall an offender 35 adjudicated of a violent offense be granted release under the 36 provisions of this subsection. 37 (3)(a) Following the release of any juvenile under subsection (1) 38 of this section, the secretary may require the juvenile to comply 39 with a program of parole to be administered by the department in his 40 p. 21 HB 2389 or her community which shall last no longer than ((eighteen)) 18 1 months, except that in the case of a juvenile sentenced for a sex 2 offense as defined under RCW 9.94A.030 the period of parole shall be 3 ((twenty-four)) 24 months and, in the discretion of the secretary, 4 may be up to ((thirty-six)) 36 months when the secretary finds that 5 an additional period of parole is necessary and appropriate in the 6 interests of public safety or to meet the ongoing needs of the 7 juvenile. A parole program is mandatory for offenders released under 8 subsection (2) of this section and for offenders who receive a 9 juvenile residential commitment sentence for theft of a motor 10 vehicle, possession of a stolen motor vehicle, or taking a motor 11 vehicle without permission 1. A juvenile adjudicated for unlawful 12 possession of a firearm, possession of a stolen firearm, theft of a 13 firearm, or drive-by shooting may participate in aggression 14 replacement training, functional family therapy, or functional family 15 parole aftercare if the juvenile meets eligibility requirements for 16 these services. The decision to place an offender in an evidence- 17 based parole program shall be based on an assessment by the 18 department of the offender's risk for reoffending upon release and an 19 assessment of the ongoing treatment needs of the juvenile. The 20 department shall prioritize available parole resources to provide 21 supervision and services to offenders at moderate to high risk for 22 reoffending. 23 (b) The secretary shall, for the period of parole, facilitate the 24 juvenile's reintegration into his or her community and to further 25 this goal shall require the juvenile to refrain from possessing a 26 firearm or using a deadly weapon, and refrain from committing new 27 offenses or violating any orders issued by the juvenile court 28 pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) 29 Undergo available medical, psychiatric, drug and alcohol, sex 30 offender, mental health, and other offense-related treatment 31 services; (ii) report as directed to a parole officer and/or 32 designee; (iii) pursue a course of study, vocational training, or 33 employment; (iv) notify the parole officer of the current address 34 where he or she resides; (v) be present at a particular address 35 during specified hours; (vi) remain within prescribed geographical 36 boundaries; (vii) submit to electronic monitoring; (viii) refrain 37 from using illegal drugs and alcohol, and submit to random urinalysis 38 when requested by the assigned parole officer; (ix) refrain from 39 contact with specific individuals or a specified class of 40 p. 22 HB 2389 individuals; (x) meet other conditions determined by the parole 1 officer to further enhance the juvenile's reintegration into the 2 community; (xi) pay any court-ordered fines or restitution; and (xii) 3 perform community restitution. Community restitution for the purpose 4 of this section means compulsory service, without compensation, 5 performed for the benefit of the community by the offender. Community 6 restitution may be performed through public or private organizations 7 or through work crews. 8 (c) The secretary may further require up to ((twenty-five)) 25 9 percent of the highest risk juvenile offenders who are placed on 10 parole to participate in an intensive supervision program. Offenders 11 participating in an intensive supervision program shall be required 12 to comply with all terms and conditions listed in (b) of this 13 subsection and shall also be required to comply with the following 14 additional terms and conditions: (i) Obey all laws and refrain from 15 any conduct that threatens public safety; (ii) report at least once a 16 week to an assigned community case manager; and (iii) meet all other 17 requirements imposed by the community case manager related to 18 participating in the intensive supervision program. As a part of the 19 intensive supervision program, the secretary may require day 20 reporting. 21 (d) After termination of the parole period, the juvenile shall be 22 discharged from the department's supervision. 23 (4)(a) The department may also modify parole for violation 24 thereof. If, after affording a juvenile all of the due process rights 25 to which he or she would be entitled if the juvenile were an adult, 26 the secretary finds that a juvenile has violated a condition of his 27 or her parole, the secretary shall order one of the following which 28 is reasonably likely to effectuate the purpose of the parole and to 29 protect the public: (i) Continued supervision under the same 30 conditions previously imposed; (ii) intensified supervision with 31 increased reporting requirements; (iii) additional conditions of 32 supervision authorized by this chapter; (iv) except as provided in 33 (a)(v) and (vi) of this subsection, imposition of a period of 34 confinement not to exceed thirty days in a facility operated by or 35 pursuant to a contract with the state of Washington or any city or 36 county for a portion of each day or for a certain number of days each 37 week with the balance of the days or weeks spent under supervision; 38 (v) the secretary may order any of the conditions or may return the 39 offender to confinement for the remainder of the sentence range if 40 p. 23 HB 2389 the offense for which the offender was sentenced is rape in the first 1 or second degree, rape of a child in the first or second degree, 2 child molestation in the first degree, indecent liberties with 3 forcible compulsion, or a sex offense that is also a serious violent 4 offense as defined by RCW 9.94A.030; and (vi) the secretary may order 5 any of the conditions or may return the offender to confinement for 6 the remainder of the sentence range if the youth has completed the 7 basic training camp program as described in RCW 13.40.320. 8 (b) The secretary may modify parole and order any of the 9 conditions or may return the offender to confinement for up to 10 twenty-four weeks if the offender was sentenced for a sex offense as 11 defined under RCW 9A.44.128 and is known to have violated the terms 12 of parole. Confinement beyond thirty days is intended to only be used 13 for a small and limited number of sex offenders. It shall only be 14 used when other graduated sanctions or interventions have not been 15 effective or the behavior is so egregious it warrants the use of the 16 higher level intervention and the violation: (i) Is a known pattern 17 of behavior consistent with a previous sex offense that puts the 18 youth at high risk for reoffending sexually; (ii) consists of sexual 19 behavior that is determined to be predatory as defined in RCW 20 71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to 21 a recent overt act. The total number of days of confinement for 22 violations of parole conditions during the parole period shall not 23 exceed the number of days provided by the maximum sentence imposed by 24 the disposition for the underlying offense pursuant to RCW 25 13.40.0357. The department shall not aggregate multiple parole 26 violations that occur prior to the parole revocation hearing and 27 impose consecutive ((twenty-four)) 24 week periods of confinement for 28 each parole violation. The department is authorized to engage in rule 29 making pursuant to chapter 34.05 RCW, to implement this subsection, 30 including narrowly defining the behaviors that could lead to this 31 higher level intervention. 32 (c) If the department finds that any juvenile in a program of 33 parole has possessed a firearm or used a deadly weapon during the 34 program of parole, the department shall modify the parole under (a) 35 of this subsection and confine the juvenile for at least ((thirty)) 36 30 days. Confinement shall be in a facility operated by or pursuant 37 to a contract with the state or any county. 38 (5) A parole officer of the department of children, youth, and 39 families shall have the power to arrest a juvenile under his or her 40 p. 24 HB 2389 supervision on the same grounds as a law enforcement officer would be 1 authorized to arrest the person. 2 (6) If so requested and approved under chapter 13.06 RCW, the 3 secretary shall permit a county or group of counties to perform 4 functions under subsections (3) through (5) of this section. 5 Sec. 7. RCW 13.40.230 and 1997 c 338 s 35 are each amended to 6 read as follows: 7 (1) Dispositions reviewed pursuant to RCW 13.40.160 shall be 8 reviewed in the appropriate division of the court of appeals. 9 An appeal under this section shall be heard solely upon the 10 record that was before the disposition court. No written briefs may 11 be required, and the appeal shall be heard within thirty days 12 following the date of sentencing and a decision rendered within 13 fifteen days following the argument. The supreme court shall 14 promulgate any necessary rules to effectuate the purposes of this 15 section. 16 (2) To uphold a disposition outside the standard range, the court 17 of appeals must find: (a) ((that)) That the reasons supplied by the 18 disposition judge are supported by the record which was before the 19 judge and that those reasons clearly and convincingly support the 20 conclusion that a disposition within the range would constitute a 21 manifest injustice((,)); and (b) that the sentence imposed was 22 neither clearly excessive nor clearly too lenient. 23 (3) If the court does not find subsection (2)(a) of this section 24 it shall remand the case for disposition within the standard range. 25 (4) If the court finds subsection (2)(a) of this section but not 26 subsection (2)(b) of this section it shall remand the case with 27 instructions for further proceedings consistent with the provisions 28 of this chapter. 29 (5) To uphold a finding under RCW 13.40.165(6)(b), the court of 30 appeals must find: (a) That the reasons supplied by the disposition 31 judge are supported by the record which was before the judge; and (b) 32 that those reasons support the conclusion, by the preponderance of 33 the evidence, that commitment to the department is needed because a 34 community-based placement would not adequately protect the community. 35 (6) The disposition court may impose conditions on release 36 pending appeal as provided in RCW 13.40.040(((4))) (5) and 37 13.40.050(6). 38 p. 25 HB 2389 (((6))) (7) Appeal of a disposition under this section does not 1 affect the finality or appeal of the underlying adjudication of 2 guilt. 3 Sec. 8. RCW 13.40.300 and 2024 c 117 s 1 are each amended to 4 read as follows: 5 (1) Except as provided in (a) through (c) of this subsection, a 6 juvenile offender may not be committed by the juvenile court to the 7 department for placement in a juvenile rehabilitation facility beyond 8 the juvenile offender's 21st birthday. 9 (a) A juvenile offender adjudicated of an A++ juvenile 10 disposition category offense listed in RCW 13.40.0357, or found to be 11 armed with a firearm and sentenced to an additional 12 months 12 pursuant to RCW 13.40.193(3)(b), may be committed by the juvenile 13 court to the department for placement in a juvenile rehabilitation 14 facility up to the juvenile offender's 25th birthday, but not beyond. 15 (b) A juvenile offender adjudicated of a murder in the first or 16 second degree offense committed at age 14 or older or a juvenile 17 offender adjudicated of a rape in the first degree offense committed 18 at age 15 or older may be committed by the juvenile court to the 19 department for placement in a juvenile rehabilitation facility up to 20 the juvenile offender's 23rd birthday, but not beyond. 21 (c) A juvenile offender who is 18 or older at the time of the 22 adjudication may be committed by the juvenile court to the department 23 for placement in a juvenile rehabilitation facility up to the 24 juvenile offender's 23rd birthday, but not beyond, in order to serve 25 a standard range disposition. 26 (2)(a) The juvenile court has jurisdiction over, and may place an 27 individual under the authority of the department in the following 28 circumstances: 29 (i) Except as provided under RCW 13.04.030 and 13.40.110, when 30 the individual is under the age of 21 at the time of the filing of 31 the information and is accused of committing a criminal offense that 32 occurred when the individual was under the age of 18; or 33 (ii) If proceedings are pending in a case in which jurisdiction 34 is vested in the adult criminal court pursuant to RCW 13.04.030 and 35 an automatic extension is required because either: 36 (A) The individual is found not guilty of the charge for which he 37 or she was transferred, or is convicted in the adult criminal court 38 of an offense that is not also an offense listed in RCW 39 p. 26 HB 2389 13.04.030(1)(e)(v), and the matter is transferred to juvenile court 1 pursuant to RCW 13.04.030(1)(e)(v)(C)(II); or 2 (B) The parties agree to juvenile court jurisdiction with the 3 court's approval pursuant to RCW 13.04.030(1)(e)(v)(C)(III). 4 (b) Upon a finding of guilt in juvenile court, the juvenile court 5 maintains jurisdiction to allow for imposition, execution, and 6 enforcement of the court's order of disposition, subject to the 7 limitations in this section. 8 (3) If an order of disposition imposes a commitment to the 9 department for a juvenile offender: 10 (a) Adjudicated of an A++ juvenile disposition category offense 11 listed in RCW 13.40.0357, adjudicated of a murder in the first or 12 second degree offense committed at age 14 or older, or found to be 13 armed with a firearm and sentenced to an additional 12 months 14 pursuant to RCW 13.40.193(3)(b), then jurisdiction for parole is 15 automatically extended to include a period of up to 24 months of 16 parole, in no case extending beyond the offender's 25th birthday; or 17 (b) Adjudicated of a rape in the first degree offense committed 18 at age 15 or older, then jurisdiction for parole is automatically 19 extended to include a period of no less than 24 months and no more 20 than 36 months of parole, in no case extending beyond the offender's 21 25th birthday. 22 (4) Pursuant to the terms of RCW 13.40.190, the juvenile court 23 maintains jurisdiction beyond the juvenile offender's 21st birthday 24 for the purpose of enforcing an order of restitution or penalty 25 assessment. 26 (5) Except as otherwise provided herein, in no event may the 27 juvenile court have authority to extend jurisdiction over any 28 juvenile offender beyond the juvenile offender's 21st birthday. 29 (6) Notwithstanding any extension of jurisdiction over a person 30 pursuant to this section, the juvenile court has no jurisdiction over 31 any offenses alleged to have been committed by a person 18 years of 32 age or older. 33 (7) The juvenile court maintains jurisdiction beyond the juvenile 34 offender's 21st birthday to place the juvenile offender on community 35 supervision for a suspended disposition and, if the suspended 36 disposition is revoked, to commit the juvenile offender to the 37 department for placement in a juvenile rehabilitation facility. 38 p. 27 HB 2389 Sec. 9. RCW 9.92.151 and 2013 2nd sp.s. c 14 s 3 are each 1 amended to read as follows: 2 (1) Except as provided in subsection (2) of this section, the 3 sentence of a prisoner or respondent confined in a county jail 4 facility or county detention facility for a felony, gross 5 misdemeanor, or misdemeanor conviction may be reduced by earned 6 release credits in accordance with procedures that shall be developed 7 and promulgated by the correctional agency having jurisdiction. The 8 earned early release time shall be for good behavior and good 9 performance as determined by the correctional agency having 10 jurisdiction. Any program established pursuant to this section shall 11 allow an offender to earn early release credits for presentence 12 incarceration. The correctional ((agency)) institution shall not 13 credit the offender with earned early release credits in advance of 14 the offender actually earning the credits. In the case of an offender 15 convicted of a serious violent offense or a sex offense that is a 16 class A felony committed on or after July 1, 1990, the aggregate 17 earned early release time may not exceed fifteen percent of the 18 sentence. In no other case may the aggregate earned early release 19 time exceed one-third of the total sentence. 20 (2) An offender serving a term of confinement imposed under RCW 21 9.94A.670(5)(a) is not eligible for earned release credits under this 22 section. 23 (3) If ((an offender)) a person is transferred from a county jail 24 or juvenile detention facility to the department or the department of 25 children, youth, and families, the administrator of a county jail 26 facility or juvenile detention facility shall certify to the 27 department or the department of children, youth, and families the 28 amount of time spent in custody at the facility and the number of 29 days of early release credits lost or not earned. 30 Sec. 10. RCW 13.40.193 and 2023 c 295 s 10 are each amended to 31 read as follows: 32 (1) ((If)) Except when the court imposes a suspended disposition 33 under RCW 13.40.165 or 13.40.0357, if a respondent is found to have 34 been in possession of a firearm in violation of RCW 35 9.41.040(2)(a)(v), the court shall impose a minimum disposition of 36 ten days of confinement. ((If)) Except when the court imposes a 37 suspended disposition under RCW 13.40.165 or 13.40.0357, if the 38 offender's standard range of disposition for the offense as indicated 39 p. 28 HB 2389 in RCW 13.40.0357 is more than ((thirty)) 30 days of confinement, the 1 court shall commit the offender to the department for the standard 2 range disposition. ((The)) Except when the court imposes a suspended 3 disposition under RCW 13.40.165 or 13.40.0357, the offender shall not 4 be released until the offender has served a minimum of ((ten)) 10 5 days in confinement. 6 (2)(a) If a respondent is found to have been in possession of a 7 firearm in violation of RCW 9.41.040, the disposition must include a 8 requirement that the respondent participate in a qualifying program 9 as described in (b) of this subsection, when available, unless the 10 court makes a written finding based on the outcome of the juvenile 11 court risk assessment that participation in a qualifying program 12 would not be appropriate. 13 (b) For purposes of this section, "qualifying program" means an 14 aggression replacement training program, a functional family therapy 15 program, or another program applicable to the juvenile firearm 16 offender population that has been identified as evidence-based or 17 research-based and cost-beneficial in the current list prepared at 18 the direction of the legislature by the Washington state institute 19 for public policy. 20 (3) If the court finds that the respondent or an accomplice was 21 armed with a firearm, the court shall determine the standard range 22 disposition for the offense pursuant to RCW 13.40.160. If the 23 offender or an accomplice was armed with a firearm when the offender 24 committed any felony other than possession of a machine gun or bump- 25 fire stock, possession of a stolen firearm, drive-by shooting, theft 26 of a firearm, unlawful possession of a firearm in the first and 27 second degree, or use of a machine gun or bump-fire stock in a 28 felony, the following periods of total confinement must be added to 29 the sentence: (a) Except for (b) of this subsection, for a class A 30 felony, six months; for a class B felony, four months; and for a 31 class C felony, two months; (b) for any violent offense as defined in 32 RCW 9.94A.030, committed by a respondent who is sixteen or seventeen 33 years old at the time of the offense, a period of twelve months. The 34 additional time shall be imposed regardless of the offense's juvenile 35 disposition offense category as designated in RCW 13.40.0357. 36 (4)(a) If the court finds that the respondent who is sixteen or 37 seventeen years old and committed the offense of robbery in the first 38 degree, drive-by shooting, rape of a child in the first degree, 39 burglary in the first degree, or any violent offense as defined in 40 p. 29 HB 2389 RCW 9.94A.030 and was armed with a firearm, and the court finds that 1 the respondent's participation was related to membership in a 2 criminal street gang or advancing the benefit, aggrandizement, gain, 3 profit, or other advantage for a criminal street gang, a period of 4 three months total confinement must be added to the sentence. The 5 additional time must be imposed regardless of the offense's juvenile 6 disposition offense category as designated in RCW 13.40.0357 and must 7 be served consecutively with any other sentencing enhancement. 8 (b) For the purposes of this section, "criminal street gang" 9 means any ongoing organization, association, or group of three or 10 more persons, whether formal or informal, having a common name or 11 common identifying sign or symbol, having as one of its primary 12 activities the commission of criminal acts, and whose members or 13 associates individually or collectively engage in or have engaged in 14 a pattern of criminal street gang activity. This definition does not 15 apply to employees engaged in concerted activities for their mutual 16 aid and protection, or to the activities of labor and bona fide 17 nonprofit organizations or their members or agents. 18 (5) When a disposition under this section would effectuate a 19 manifest injustice, the court may impose another disposition. When a 20 judge finds a manifest injustice and imposes a disposition of 21 confinement exceeding thirty days, the court shall commit the 22 juvenile to a maximum term, and the provisions of RCW 13.40.030(2) 23 shall be used to determine the range. When a judge finds a manifest 24 injustice and imposes a disposition of confinement less than thirty 25 days, the disposition shall be comprised of confinement or community 26 supervision or both. 27 (6) Any term of confinement ordered pursuant to this section 28 shall run consecutively to any term of confinement imposed in the 29 same disposition for other offenses. 30 Sec. 11. RCW 13.40.308 and 2016 c 136 s 4 are each amended to 31 read as follows: 32 (1) ((If)) Except when the court imposes a suspended disposition 33 under RCW 13.40.165 or 13.40.0357, if a respondent is adjudicated of 34 taking a motor vehicle without permission in the first degree as 35 defined in RCW 9A.56.070, the court shall impose the following 36 minimum sentence, in addition to any restitution the court may order 37 payable to the victim: 38 p. 30 HB 2389 (a) Juveniles with a prior criminal history score of zero to one- 1 half points shall be sentenced to a standard range sentence that 2 includes no less than three months of community supervision, 3 forty-five hours of community restitution, and a requirement that the 4 juvenile remain at home such that the juvenile is confined to a 5 private residence for no less than five days. The juvenile may be 6 subject to electronic monitoring where available. If the juvenile is 7 enrolled in school, the confinement shall be served on nonschool 8 days; 9 (b) Juveniles with a prior criminal history score of three- 10 quarters to one and one-half points shall be sentenced to a standard 11 range sentence that includes six months of community supervision, no 12 less than ten days of detention, and ninety hours of community 13 restitution; and 14 (c) Juveniles with a prior criminal history score of two or more 15 points shall be sentenced to no less than fifteen to thirty-six weeks 16 commitment to the juvenile rehabilitation administration, four months 17 of parole supervision, and ninety hours of community restitution. 18 (2) ((If)) Except when the court imposes a suspended disposition 19 under RCW 13.40.165 or 13.40.0357, if a respondent is adjudicated of 20 theft of a motor vehicle as defined under RCW 9A.56.065, or 21 possession of a stolen vehicle as defined under RCW 9A.56.068, the 22 court shall impose the following minimum sentence, in addition to any 23 restitution the court may order payable to the victim: 24 (a) Juveniles with a prior criminal history score of zero to one- 25 half points shall be sentenced to a standard range sentence that 26 includes no less than three months of community supervision and 27 either ninety hours of community restitution or a requirement that 28 the juvenile remain at home such that the juvenile is confined in a 29 private residence for no less than five days, or a combination 30 thereof that includes a minimum of three days home confinement and a 31 minimum of forty hours of community restitution. The juvenile may be 32 subject to electronic monitoring where available; 33 (b) Juveniles with a prior criminal history score of three- 34 quarters to one and one-half points shall be sentenced to a standard 35 range sentence that includes no less than six months of community 36 supervision, no less than ten days of detention, and ninety hours of 37 community restitution; and 38 (c) Juveniles with a prior criminal history score of two or more 39 points shall be sentenced to no less than fifteen to thirty-six weeks 40 p. 31 HB 2389 commitment to the juvenile rehabilitation administration, four months 1 of parole supervision, and ninety hours of community restitution. 2 (3) ((If)) Except when the court imposes a suspended disposition 3 under RCW 13.40.165, if a respondent is adjudicated of taking a motor 4 vehicle without permission in the second degree as defined in RCW 5 9A.56.075, the court shall impose a standard range as follows: 6 (a) Juveniles with a prior criminal history score of zero to one- 7 half points shall be sentenced to a standard range sentence that 8 includes three months of community supervision, fifteen hours of 9 community restitution, and a requirement that the juvenile remain at 10 home such that the juvenile is confined in a private residence for no 11 less than one day. If the juvenile is enrolled in school, the 12 confinement shall be served on nonschool days. The juvenile may be 13 subject to electronic monitoring where available; 14 (b) Juveniles with a prior criminal history score of three- 15 quarters to one and one-half points shall be sentenced to a standard 16 range sentence that includes no less than one day of detention, three 17 months of community supervision, thirty hours of community 18 restitution, and a requirement that the juvenile remain at home such 19 that the juvenile is confined in a private residence for no less than 20 two days. If the juvenile is enrolled in school, the confinement 21 shall be served on nonschool days. The juvenile may be subject to 22 electronic monitoring where available; and 23 (c) Juveniles with a prior criminal history score of two or more 24 points shall be sentenced to no less than three days of detention, 25 six months of community supervision, forty-five hours of community 26 restitution, and a requirement that the juvenile remain at home such 27 that the juvenile is confined in a private residence for no less than 28 seven days. If the juvenile is enrolled in school, the confinement 29 shall be served on nonschool days. The juvenile may be subject to 30 electronic monitoring where available. 31 PART II 32 JUVENILE INSTITUTIONAL CAPACITY 33 Sec. 12. RCW 13.40.020 and 2025 c 140 s 2 are each amended to 34 read as follows: 35 For the purposes of this chapter: 36 (1) "Assessment" means an individualized examination of a child 37 to determine the child's psychosocial needs and problems, including 38 p. 32 HB 2389 the type and extent of any mental health, substance abuse, or co- 1 occurring mental health and substance abuse disorders, and 2 recommendations for treatment. "Assessment" includes, but is not 3 limited to, drug and alcohol evaluations, psychological and 4 psychiatric evaluations, records review, clinical interview, and 5 administration of a formal test or instrument; 6 (2) "Community-based rehabilitation" means one or more of the 7 following: Employment; attendance of information classes; literacy 8 classes; counseling including an intake appointment, outpatient 9 substance abuse treatment programs, outpatient mental health 10 programs, anger management classes, education or outpatient treatment 11 programs to prevent animal cruelty, or other services including, when 12 appropriate, restorative justice programs; or attendance at school or 13 other educational programs appropriate for the juvenile as determined 14 by the school district. Placement in community-based rehabilitation 15 programs is subject to available funds; 16 (3) "Community-based sanctions" may include community restitution 17 not to exceed 150 hours of community restitution; 18 (4) "Community restitution" means compulsory service, without 19 compensation, performed for the benefit of the community by the 20 offender as punishment for committing an offense. Community 21 restitution may be performed through public or private organizations 22 or through work crews; 23 (5) "Community supervision" means an order of disposition by the 24 court of an adjudicated youth not committed to the department or an 25 order granting a deferred disposition. A community supervision order 26 for a single offense may be for a period of up to two years for a sex 27 offense as defined by RCW 9.94A.030 and up to one year for other 28 offenses. As a mandatory condition of any term of community 29 supervision, the court shall order the juvenile to refrain from 30 committing new offenses. As a mandatory condition of community 31 supervision, the court shall order the juvenile to comply with the 32 mandatory school attendance provisions of chapter 28A.225 RCW and to 33 inform the school of the existence of this requirement. Community 34 supervision is an individualized program comprised of one or more of 35 the following: 36 (a) Community-based sanctions; 37 (b) Community-based rehabilitation; 38 (c) Monitoring and reporting requirements; 39 (d) Posting of a probation bond; 40 p. 33 HB 2389 (e) Residential treatment, where substance abuse, mental health, 1 and/or co-occurring disorders have been identified in an assessment 2 by a qualified mental health professional, psychologist, 3 psychiatrist, co-occurring disorder specialist, or substance use 4 disorder professional and a funded bed is available. If a child 5 agrees to voluntary placement in a state-funded long-term evaluation 6 and treatment facility, the case must follow the existing placement 7 procedure including consideration of less restrictive treatment 8 options and medical necessity. 9 (i) A court may order residential treatment after consideration 10 and findings regarding whether: 11 (A) The referral is necessary to rehabilitate the child; 12 (B) The referral is necessary to protect the public or the child; 13 (C) The referral is in the child's best interest; 14 (D) The child has been given the opportunity to engage in less 15 restrictive treatment and has been unable or unwilling to comply; and 16 (E) Inpatient treatment is the least restrictive action 17 consistent with the child's needs and circumstances. 18 (ii) In any case where a court orders a child to inpatient 19 treatment under this section, the court must hold a review hearing no 20 later than 60 days after the youth begins inpatient treatment, and 21 every 30 days thereafter, as long as the youth is in inpatient 22 treatment; 23 (6) "Community transition services" means a therapeutic and 24 supportive community-based custody option in which: 25 (a) A person serves a portion of their term of confinement 26 residing in the community, outside of department institutions and 27 community facilities; 28 (b) The department supervises the person in part through the use 29 of technology that is capable of determining or identifying the 30 monitored person's presence or absence at a particular location; 31 (c) The department provides access to developmentally 32 appropriate, trauma-informed, racial equity-based, and culturally 33 relevant programs to promote successful reentry; and 34 (d) The department prioritizes the delivery of available 35 programming from individuals who share characteristics with the 36 individual being served related to: Race, ethnicity, sexual identity, 37 and gender identity; 38 (7) "Confinement" means physical custody by the department of 39 children, youth, and families in a facility operated by or pursuant 40 p. 34 HB 2389 to a contract with the state, or physical custody in a detention 1 facility operated by or pursuant to a contract with any county. The 2 county may operate or contract with vendors to operate county 3 detention facilities. The department may operate or contract to 4 operate detention facilities for juveniles committed to the 5 department. Pretrial confinement or confinement of less than 31 days 6 imposed as part of a disposition or modification order may be served 7 consecutively or intermittently, in the discretion of the court; 8 (8) "Court," when used without further qualification, means the 9 juvenile court judge(s) or commissioner(s); 10 (9) "Criminal history" includes all criminal complaints against 11 the respondent for which, prior to the commission of a current 12 offense, the allegations were found correct by a court. If a 13 respondent is convicted of two or more charges arising out of the 14 same course of conduct, only the highest charge from among these 15 shall count as an offense for the purposes of this chapter. A 16 successfully completed deferred adjudication that was entered before 17 July 1, 1998, or a deferred disposition shall not be considered part 18 of the respondent's criminal history. A successfully completed 19 diversion under RCW 13.40.080 may not be considered part of the 20 respondent's criminal history; 21 (10) "Custodial interrogation" means express questioning or other 22 actions or words by a law enforcement officer which are reasonably 23 likely to elicit an incriminating response from an individual and 24 occurs when reasonable individuals in the same circumstances would 25 consider themselves in custody; 26 (11) "Department" means the department of children, youth, and 27 families; 28 (12) "Detention facility" means a county facility, paid for by 29 the county, for the physical confinement of a juvenile alleged to 30 have committed an offense or an adjudicated offender subject to a 31 disposition or modification order. "Detention facility" includes 32 county group homes, inpatient substance abuse programs, juvenile 33 basic training camps, and electronic monitoring; 34 (13) "Diversion unit" means any probation counselor who enters 35 into a diversion agreement with an alleged youthful offender, or any 36 other person, community accountability board, youth court under the 37 supervision of the juvenile court, or other entity with whom the 38 juvenile court administrator has contracted to arrange and supervise 39 such agreements pursuant to RCW 13.40.080, or any person, community 40 p. 35 HB 2389 accountability board, or other entity specially funded by the 1 legislature to arrange and supervise diversion agreements in 2 accordance with the requirements of this chapter. For purposes of 3 this subsection, "community accountability board" means a board 4 comprised of members of the local community in which the juvenile 5 offender resides. The superior court shall appoint the members. The 6 boards shall consist of at least three and not more than seven 7 members. If possible, the board should include a variety of 8 representatives from the community, such as a law enforcement 9 officer, teacher or school administrator, high school student, 10 parent, and business owner, and should represent the cultural 11 diversity of the local community; 12 (14) "Foster care" means temporary physical care in a foster 13 family home or group care facility as defined in RCW 74.15.020 and 14 licensed by the department, or other legally authorized care; 15 (15) "Institution" means a juvenile facility established pursuant 16 to chapters 72.05 and 72.16 through 72.20 RCW; 17 (16) "Intensive supervision program" means a parole program that 18 requires intensive supervision and monitoring, offers an array of 19 individualized treatment and transitional services, and emphasizes 20 community involvement and support in order to reduce the likelihood a 21 juvenile offender will commit further offenses; 22 (17) "Juvenile," "youth," and "child" mean any individual who is 23 under the chronological age of 18 years and who has not been 24 previously transferred to adult court pursuant to RCW 13.40.110, 25 unless the individual was convicted of a lesser charge or acquitted 26 of the charge for which he or she was previously transferred pursuant 27 to RCW 13.40.110 or who is not otherwise under adult court 28 jurisdiction; 29 (18) "Juvenile offender" means any juvenile who has been found by 30 the juvenile court to have committed an offense, including a person 31 18 years of age or older over whom the juvenile court has 32 jurisdiction under RCW 13.40.300; 33 (19) "Labor" means the period of time before a birth during which 34 contractions are of sufficient frequency, intensity, and duration to 35 bring about effacement and progressive dilation of the cervix; 36 (20) "Local sanctions" means one or more of the following: (a) 37 0-30 days of confinement; (b) 0-12 months of community supervision; 38 or (c) 0-150 hours of community restitution; 39 p. 36 HB 2389 (21) "Manifest injustice" means a disposition that would either 1 impose an excessive penalty on the juvenile or would impose a 2 serious, and clear danger to society in light of the purposes of this 3 chapter; 4 (22) "Monitoring and reporting requirements" means one or more of 5 the following: Curfews; requirements to remain at home, school, work, 6 or court-ordered treatment programs during specified hours; 7 restrictions from leaving or entering specified geographical areas; 8 requirements to report to the probation officer as directed and to 9 remain under the probation officer's supervision; and other 10 conditions or limitations as the court may require which may not 11 include confinement; 12 (23) "Offense" means an act designated a violation or a crime if 13 committed by an adult under the law of this state, under any 14 ordinance of any city or county of this state, under any federal law, 15 or under the law of another state if the act occurred in that state; 16 (24) "Physical restraint" means the use of any bodily force or 17 physical intervention to control a juvenile offender or limit a 18 juvenile offender's freedom of movement in a way that does not 19 involve a mechanical restraint. Physical restraint does not include 20 momentary periods of minimal physical restriction by direct person- 21 to-person contact, without the aid of mechanical restraint, 22 accomplished with limited force and designed to: 23 (a) Prevent a juvenile offender from completing an act that would 24 result in potential bodily harm to self or others or damage property; 25 (b) Remove a disruptive juvenile offender who is unwilling to 26 leave the area voluntarily; or 27 (c) Guide a juvenile offender from one location to another; 28 (25) "Postpartum recovery" means (a) the entire period a woman or 29 youth is in the hospital, birthing center, or clinic after giving 30 birth and (b) an additional time period, if any, a treating physician 31 determines is necessary for healing after the youth leaves the 32 hospital, birthing center, or clinic; 33 (26) "Probation bond" means a bond, posted with sufficient 34 security by a surety justified and approved by the court, to secure 35 the offender's appearance at required court proceedings and 36 compliance with court-ordered community supervision or conditions of 37 release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means 38 a deposit of cash or posting of other collateral in lieu of a bond if 39 approved by the court; 40 p. 37 HB 2389 (27) "Rated bed capacity" means the number of in-residence 1 individuals at a juvenile rehabilitation institution, pursuant to RCW 2 13.40.460(9), that should not be exceeded in order to provide 3 treatment aligned with juvenile justice standards; 4 (28) "Respondent" means a juvenile who is alleged or proven to 5 have committed an offense; 6 (((28))) (29) "Restitution" means financial reimbursement by the 7 offender to the victim, and shall be limited to easily ascertainable 8 damages for injury to or loss of property, actual expenses incurred 9 for medical treatment for physical injury to persons, lost wages 10 resulting from physical injury, and costs of the victim's counseling 11 reasonably related to the offense. Restitution shall not include 12 reimbursement for damages for mental anguish, pain and suffering, or 13 other intangible losses. Nothing in this chapter shall limit or 14 replace civil remedies or defenses available to the victim or 15 offender; 16 (((29))) (30) "Restorative justice" means practices, policies, 17 and programs informed by and sensitive to the needs of crime victims 18 that are designed to encourage offenders to accept responsibility for 19 repairing the harm caused by their offense by providing safe and 20 supportive opportunities for voluntary participation and 21 communication between the victim, the offender, their families, and 22 relevant community members; 23 (((30))) (31) "Restraints" means anything used to control the 24 movement of a person's body or limbs and includes: 25 (a) Physical restraint; or 26 (b) Mechanical device including but not limited to: Metal 27 handcuffs, plastic ties, ankle restraints, leather cuffs, other 28 hospital-type restraints, tasers, or batons; 29 (((31))) (32) "Risk assessment tool" means the statistically 30 valid tool used by the department to inform release or placement 31 decisions related to security level, release within the sentencing 32 range, community facility eligibility, community transition services 33 eligibility, and parole. The "risk assessment tool" is used by the 34 department to predict the likelihood of successful reentry and future 35 criminal behavior; 36 (((32))) (33) "Screening" means a process that is designed to 37 identify a child who is at risk of having mental health, substance 38 abuse, or co-occurring mental health and substance abuse disorders 39 that warrant immediate attention, intervention, or more comprehensive 40 p. 38 HB 2389 assessment. A screening may be undertaken with or without the 1 administration of a formal instrument; 2 (((33))) (34) "Secretary" means the secretary of the department; 3 (((34))) (35) "Services" means services, including restorative 4 justice, which provide alternatives to incarceration for those 5 juveniles who have pleaded or been adjudicated guilty of an offense 6 or have signed a diversion agreement pursuant to this chapter; 7 (((35))) (36) "Sex offense" means an offense defined as a sex 8 offense in RCW 9.94A.030; 9 (((36))) (37) "Sexual motivation" means that one of the purposes 10 for which the respondent committed the offense was for the purpose of 11 the respondent's sexual gratification; 12 (((37))) (38) "Surety" means an entity licensed under state 13 insurance laws or by the state department of licensing, to write 14 corporate, property, or probation bonds within the state, and 15 justified and approved by the superior court of the county having 16 jurisdiction of the case; 17 (((38))) (39) "Transportation" means the conveying, by any means, 18 of an incarcerated pregnant youth from the institution or detention 19 facility to another location from the moment she leaves the 20 institution or detention facility to the time of arrival at the other 21 location, and includes the escorting of the pregnant incarcerated 22 youth from the institution or detention facility to a transport 23 vehicle and from the vehicle to the other location; 24 (((39))) (40) "Violation" means an act or omission, which if 25 committed by an adult, must be proven beyond a reasonable doubt, and 26 is punishable by sanctions which do not include incarceration; 27 (((40))) (41) "Violent offense" means a violent offense as 28 defined in RCW 9.94A.030; 29 (((41))) (42) "Youth court" means a diversion unit under the 30 supervision of the juvenile court. 31 Sec. 13. RCW 13.40.460 and 2017 3rd sp.s. c 6 s 616 are each 32 amended to read as follows: 33 The secretary or the secretary's designee shall manage and 34 administer the department's juvenile rehabilitation responsibilities, 35 including but not limited to the operation of all state institutions 36 or facilities used for juvenile rehabilitation. 37 The secretary or the secretary's designee shall: 38 p. 39 HB 2389 (1) Prepare a biennial budget request sufficient to meet the 1 confinement and rehabilitative needs of the juvenile rehabilitation 2 program, as forecast by the office of financial management; 3 (2) Create by rule a formal system for inmate classification. 4 This classification system shall consider: 5 (a) Public safety; 6 (b) Internal security and staff safety; 7 (c) Rehabilitative resources both within and outside the 8 department; 9 (d) An assessment of each offender's risk of sexually aggressive 10 behavior as provided in RCW 13.40.470; and 11 (e) An assessment of each offender's vulnerability to sexually 12 aggressive behavior as provided in RCW 13.40.470; 13 (3) Develop agreements with local jurisdictions to develop 14 regional facilities with a variety of custody levels; 15 (4) Adopt rules establishing effective disciplinary policies to 16 maintain order within institutions; 17 (5) Develop a comprehensive diagnostic evaluation process to be 18 used at intake, including but not limited to evaluation for substance 19 addiction or abuse, literacy, learning disabilities, fetal alcohol 20 syndrome or effect, attention deficit disorder, and mental health; 21 (6) Develop placement criteria: 22 (a) To avoid assigning youth who present a moderate or high risk 23 of sexually aggressive behavior to the same sleeping quarters as 24 youth assessed as vulnerable to sexual victimization under RCW 25 13.40.470(1)(c); and 26 (b) To avoid placing a juvenile offender on parole status who has 27 been assessed as a moderate to high risk for sexually aggressive 28 behavior in a department community residential program with another 29 child who is: (i) Dependent under chapter 13.34 RCW, or an at-risk 30 youth or child in need of services under chapter 13.32A RCW; and (ii) 31 not also a juvenile offender on parole status; 32 (7) Develop a plan to implement, by July 1, 1995: 33 (a) Substance abuse treatment programs for all state juvenile 34 rehabilitation facilities and institutions; 35 (b) Vocational education and instruction programs at all state 36 juvenile rehabilitation facilities and institutions; and 37 (c) An educational program to establish self-worth and 38 responsibility in juvenile offenders. This educational program shall 39 emphasize instruction in character-building principles such as: 40 p. 40 HB 2389 Respect for self, others, and authority; victim awareness; 1 accountability; work ethics; good citizenship; and life skills; 2 ((and)) 3 (8)(a) The department shall develop uniform policies related to 4 custodial assaults consistent with RCW 72.01.045 and 9A.36.100 that 5 are to be followed in all juvenile rehabilitation facilities; and 6 (b) The department will report assaults in accordance with the 7 policies developed in (a) of this subsection; 8 (9)(a) Promulgate rules related to the rated bed capacity of 9 juvenile rehabilitation institutions, facilities, and community 10 transition services under its control, and revise those rules as 11 necessary. 12 (b) The rated bed capacity number established by the department 13 for each juvenile rehabilitation institution must include the 14 following conditions: 15 (i) Single-occupancy rooms; 16 (ii) Ten percent of facility beds reserved for intensive 17 management unit beds and for flexibility of movement; 18 (iii) Appropriate bathroom and shower ratio to youth; 19 (iv) Adequate education space to ensure that all youth can 20 maintain a full class schedule; and 21 (v) Adequate indoor and outdoor recreation space to safely manage 22 population groups; 23 (10) Before a transfer to the department of corrections occurs 24 under RCW 72.01.410(2)(c), take action to reduce the in-residence 25 population of any juvenile rehabilitation institution when the 26 secretary concludes that the in-residence population exceeds 105 27 percent of rated bed capacity under this chapter or chapter 72.01 28 RCW, on a case-by-case basis, in the following descending order with 29 highest priority for the secretary to: 30 (a) Transfer all persons that qualify, up to 90 percent of the 31 capacity for the community transition services program, from a 32 community facility to placement in community transition services; and 33 (b) Transfer a sufficient number of persons from the juvenile 34 rehabilitation institution to community facilities or community 35 transition services to reduce the in-residence population; 36 (11) Monitor the number of persons residing in each institution, 37 and when that number reaches 90 percent of rated bed capacity, begin 38 planning and identifying methods to avoid exceeding rated bed 39 p. 41 HB 2389 capacity at each juvenile rehabilitation institution including, but 1 not limited to: 2 (a) Notifying individuals who may be released or transferred to 3 community transition services or community facilities; 4 (b) Discussing with the department of corrections any early 5 release options under section 15 of this act for individuals 6 convicted in adult court of offenses that occurred before turning 18; 7 and 8 (c) Notifying county juvenile court administrators, the 9 legislature, and the governor of current rated bed capacity and any 10 measures or plans to reduce the population of a juvenile institution 11 to maintain a population that is at or below the rated bed capacity; 12 (12) Engage in transfer or transition planning for any individual 13 leaving a juvenile institution, including but not limited to 14 situations where an individual transfers to a department of 15 corrections facility, transfers to a different juvenile institution, 16 is placed on community transition services, placed in a community 17 facility, or releases to the community. The transition planning 18 required under this section must include, but is not limited to: 19 (a) Planning for medical and behavioral health needs; 20 (b) Planning for vocational training; and 21 (c) Family notification; and 22 (13) By December 1st, submit an annual report to the legislature 23 and the governor, in compliance with RCW 43.01.036, on the: 24 (a) Number of transfers that occurred in the prior 12 months, the 25 reason for each transfer, the age of each person transferred, 26 information about which department of corrections facilities people 27 were transferred to, and the outcome of each transfer hearing under 28 RCW 13.40.280; 29 (b) Monthly average population at each secure juvenile 30 rehabilitation institution; 31 (c) Number of individuals who have been placed in community 32 facilities and information regarding the overall utilization and 33 capacity of community facilities; 34 (d) Number of individuals who have been placed in community 35 transition services and the number of individuals who were eligible 36 for community transition services; 37 (e) Number of individuals that the department has the ability to 38 support in community transition services; and 39 p. 42 HB 2389 (f) Current rated bed capacity for all available secure juvenile 1 rehabilitation institutions, projections for whether all available 2 secure juvenile rehabilitation institutions will have sufficient 3 rated bed capacity based on caseload forecasts provided by the 4 caseload forecast council as described under RCW 43.88C.010, and 5 updates regarding the development of additional secure juvenile 6 rehabilitation institutions. 7 Sec. 14. RCW 72.65.200 and 1981 c 137 s 35 are each amended to 8 read as follows: 9 (1) The secretary may permit a prisoner to participate in any 10 work release plan or program but only if the participation is 11 authorized pursuant to the prisoner's sentence or pursuant to RCW 12 9.94A.728. This section shall become effective July 1, 1984. 13 (2) The secretary, with the consent of the secretary of the 14 department of children, youth, and families, may directly transfer a 15 person who is in the custody of the department pursuant to RCW 16 72.01.410 from the custody of the department of children, youth, and 17 families and place the person in the custody of the department in a 18 work release program if, under section 15 of this act, the secretary 19 of the department of children, youth, and families concludes that the 20 in-residence population of any secure juvenile rehabilitation 21 institution exceeds 105 percent of the rated bed capacity as 22 described in RCW 13.40.460(9). The person shall meet eligibility 23 criteria for direct transfer to a work release program under section 24 15 of this act. 25 NEW SECTION. Sec. 15. A new section is added to chapter 13.40 26 RCW to read as follows: 27 (1) In accordance with RCW 13.40.460(10), the secretary may take 28 any of the actions outlined in this section when the secretary 29 concludes that the in-residence population of any secure juvenile 30 rehabilitation institution exceeds 105 percent of the rated bed 31 capacity as described in RCW 13.40.460(9), on a case-by-case basis. 32 (2)(a) When the secretary concludes that the in-residence 33 population of any secure juvenile rehabilitation institution exceeds 34 105 percent of the rated bed capacity as described in RCW 35 13.40.460(9), the secretary may transfer a sufficient number of 36 persons from community facilities to community transition services 37 under RCW 13.40.205 and 72.01.412. 38 p. 43 HB 2389 (b) After taking steps outlined in (a) of this subsection to 1 transfer individuals to community transition services, if the 2 secretary concludes that the in-residence population of any secure 3 juvenile rehabilitation institution exceeds 105 percent of the rated 4 bed capacity as described in RCW 13.40.460(9), the secretary may 5 transfer a sufficient number of persons from the secure juvenile 6 rehabilitation institution to community facilities or community 7 transition services to reduce the in-residence population at the 8 secure juvenile rehabilitation institution to 95 percent of rated bed 9 capacity. 10 (c) The following persons shall not be transferred from a secure 11 juvenile rehabilitation institution to a community facility under 12 this subsection: 13 (i) A person that is deemed a high risk to reoffend; 14 (ii) A person that would be better served by the services 15 provided at an institution; or 16 (iii) A person who would be unable to comply with residential 17 disciplinary standards established by the department. 18 (d) When placing a person at a community facility under this 19 section, the requirements of RCW 72.05.420(1)(b) do not apply, and 20 the notice requirements in RCW 13.40.215(1) (a) and (b) may be less 21 than 30 days. 22 (3)(a) Pursuant to RCW 72.65.200, and with the consent of the 23 secretary of the department of corrections, when the secretary of the 24 department concludes that the in-residence population of any secure 25 juvenile rehabilitation institution exceeds 105 percent of the rated 26 bed capacity as described in RCW 13.40.460(9), the secretary may 27 transfer a sufficient number of persons, who are in the custody of 28 the department pursuant to RCW 72.01.410, from the secure juvenile 29 rehabilitation institution to a work release facility operated by the 30 department of corrections to reduce the in-residence population at 31 the secure juvenile rehabilitation institution to 95 percent of rated 32 bed capacity. 33 (b) To be eligible for direct transfer to a work release facility 34 operated by the department of corrections under this subsection, the 35 person must be: 36 (i) Above the age of 21; 37 (ii) Within 18 months of their earned release date; and 38 p. 44 HB 2389 (iii) Determined by the department of corrections that direct 1 transfer to a work release facility would be an appropriate placement 2 for the person. 3 (4) The hearing requirements of RCW 13.40.280 do not apply to 4 persons transferred under this section. 5 Sec. 16. RCW 72.05.420 and 1998 c 269 s 10 are each amended to 6 read as follows: 7 (1) The department shall not initially place an offender in a 8 community facility unless: 9 (a) The department has conducted a risk assessment, including a 10 determination of drug and alcohol abuse, and the results indicate the 11 juvenile will pose not more than a minimum risk to public safety; and 12 (b) ((The)) Except for offenders transferring to a community 13 facility under section 15 of this act, the offender has spent at 14 least ((ten)) 10 percent of his or her sentence, but in no event less 15 than ((thirty)) 30 days, in a secure institution operated by, or 16 under contract with, the department. 17 The risk assessment must include consideration of all prior 18 convictions and all available nonconviction data released upon 19 request under RCW 10.97.050, and any serious infractions or serious 20 violations while under the jurisdiction of the secretary or the 21 courts. 22 (2) No juvenile offender may be placed in a community facility 23 until the juvenile's student records and information have been 24 received and the department has reviewed them in conjunction with all 25 other information used for risk assessment, security classification, 26 and placement of the juvenile. 27 (3) A juvenile offender shall not be placed in a community 28 facility until the department's risk assessment and security 29 classification is complete and local law enforcement has been 30 properly notified. 31 Sec. 17. RCW 13.40.215 and 2021 c 206 s 5 are each amended to 32 read as follows: 33 (1)(a) Except as provided in (d) of this subsection and 34 subsection (2) of this section, at the earliest practicable date, and 35 in no event later than ((thirty)) 30 days before discharge, parole, 36 or any other authorized leave or release, or before transfer to a 37 community residential facility or community transition services 38 p. 45 HB 2389 program, the secretary shall send written notice of the discharge, 1 parole, authorized leave or release, or transfer of a juvenile found 2 to have committed a violent offense, a sex offense, or stalking, to 3 the following: 4 (i) The chief of police of the city, if any, in which the 5 juvenile will reside; and 6 (ii) The sheriff of the county in which the juvenile will reside. 7 (b)(i) Except as provided in (d) of this subsection and 8 subsection (2) of this section, at the earliest practicable date, and 9 in no event later than ((thirty)) 30 days before discharge, parole, 10 or any other authorized leave or release, or before transfer to a 11 community residential facility or community transition services 12 program, the secretary shall send written notice of the discharge, 13 parole, authorized leave or release, or transfer of an individual who 14 is found to have committed a violent offense or a sex offense, is 15 ((twenty-one)) 21 years of age or younger, and has not received a 16 high school diploma or its equivalent, to the designated recipient of 17 the school where the juvenile either: (A) Was enrolled prior to 18 incarceration or detention; or (B) has expressed an intention to 19 enroll following his or her release. This notice must also include 20 the restrictions described in subsection (5) of this section. 21 (ii) The community residential facility shall provide written 22 notice of the offender's criminal history to the designated recipient 23 of any school that the offender attends while residing at the 24 community residential facility and to any employer that employs the 25 offender while residing at the community residential facility. 26 (iii) As used in this subsection, "designated recipient" means: 27 (A) The superintendent of the school district, or his or her 28 designee, of a common school as defined in RCW 28A.150.020 or a 29 school that is the subject of a state-tribal education compact under 30 chapter 28A.715 RCW; (B) the administrator of a charter public school 31 governed by chapter 28A.710 RCW; or (C) the administrator of a 32 private school approved under chapter 28A.195 RCW. 33 (c) The same notice as required by (a) of this subsection shall 34 be sent to the following, if such notice has been requested in 35 writing about a specific juvenile: 36 (i) The victim of the offense for which the juvenile was found to 37 have committed or the victim's next of kin if the crime was a 38 homicide; 39 p. 46 HB 2389 (ii) Any witnesses who testified against the juvenile in any 1 court proceedings involving the offense; and 2 (iii) Any person specified in writing by the prosecuting 3 attorney. 4 Information regarding victims, next of kin, or witnesses requesting 5 the notice, information regarding any other person specified in 6 writing by the prosecuting attorney to receive the notice, and the 7 notice are confidential and shall not be available to the juvenile. 8 The notice to the chief of police or the sheriff shall include the 9 identity of the juvenile, the residence where the juvenile will 10 reside, the identity of the person, if any, responsible for 11 supervising the juvenile, and the time period of any authorized 12 leave. 13 (d) The ((thirty-day)) 30-day notice requirements contained in 14 this subsection shall not apply to emergency medical furloughs. The 15 notice requirements contained in this subsection may be less than 30 16 days for persons transferred under section 15 of this act. 17 (e) The existence of the notice requirements in this subsection 18 will not require any extension of the release date in the event the 19 release plan changes after notification. 20 (2)(a) If a juvenile found to have committed a violent offense, a 21 sex offense, or stalking escapes from a facility of the department, 22 the secretary shall immediately notify, by the most reasonable and 23 expedient means available, the chief of police of the city and the 24 sheriff of the county in which the juvenile resided immediately 25 before the juvenile's arrest. If previously requested, the secretary 26 shall also notify the witnesses and the victim of the offense which 27 the juvenile was found to have committed or the victim's next of kin 28 if the crime was a homicide. If the juvenile is recaptured, the 29 secretary shall send notice to the persons designated in this 30 subsection as soon as possible but in no event later than two working 31 days after the department learns of such recapture. 32 (b) The secretary may authorize a leave, for a juvenile found to 33 have committed a violent offense, a sex offense, or stalking, which 34 shall not exceed ((forty-eight)) 48 hours plus travel time, to meet 35 an emergency situation such as a death or critical illness of a 36 member of the juvenile's family. The secretary may authorize a leave, 37 which shall not exceed the time medically necessary, to obtain 38 medical care not available in a juvenile facility maintained by the 39 department. Prior to the commencement of an emergency or medical 40 p. 47 HB 2389 leave, the secretary shall give notice of the leave to the 1 appropriate law enforcement agency in the jurisdiction in which the 2 juvenile will be during the leave period. The notice shall include 3 the identity of the juvenile, the time period of the leave, the 4 residence of the juvenile during the leave, and the identity of the 5 person responsible for supervising the juvenile during the leave. If 6 previously requested, the department shall also notify the witnesses 7 and victim of the offense which the juvenile was found to have 8 committed or the victim's next of kin if the offense was a homicide. 9 In case of an emergency or medical leave the secretary may waive 10 all or any portion of the requirements for leaves pursuant to RCW 11 13.40.205 (2)(a), (3), (4), and (5). 12 (3) If the victim, the victim's next of kin, or any witness is 13 under the age of ((sixteen)) 16, the notice required by this section 14 shall be sent to the parents or legal guardian of the child. 15 (4) The secretary shall send the notices required by this chapter 16 to the last address provided to the department by the requesting 17 party. The requesting party shall furnish the department with a 18 current address. 19 (5) Upon discharge, parole, transfer to a community residential 20 facility, or other authorized leave or release, a convicted juvenile 21 sex offender shall not attend a public or approved private 22 elementary, middle, or high school that is attended by a victim or a 23 sibling of a victim of the sex offender. The parents or legal 24 guardians of the convicted juvenile sex offender shall be responsible 25 for transportation or other costs associated with or required by the 26 sex offender's change in school that otherwise would be paid by a 27 school district. 28 (6) For purposes of this section the following terms have the 29 following meanings: 30 (a) "Violent offense" means a violent offense under RCW 31 9.94A.030; 32 (b) "Sex offense" means a sex offense under RCW 9.94A.030; 33 (c) "Stalking" means the crime of stalking as defined in RCW 34 9A.46.110; 35 (d) "Next of kin" means a person's spouse, parents, siblings, and 36 children. 37 Sec. 18. RCW 72.01.410 and 2019 c 322 s 2 are each amended to 38 read as follows: 39 p. 48 HB 2389 (1) Whenever any person is convicted as an adult in the courts of 1 this state of a felony offense committed under the age of 2 ((eighteen)) 18, and is committed for a term of confinement, that 3 person shall be initially placed in a facility operated by the 4 department of children, youth, and families, unless the facility in 5 which the person is to be placed is at or above 105 percent of rated 6 bed capacity as described in RCW 13.40.460(9) and the person is over 7 the age of 21 at the time of placement with an earned release date 8 after the age of 26. These individuals who are not placed in a 9 department of children, youth, and families facility must be notified 10 upon placement in a department of corrections facility of the ability 11 to request transfer according to this subsection and notified when 12 the population of the department of children, youth, and families 13 facility where they would have been placed is below 95 percent of the 14 rated bed capacity as described in RCW 13.40.460(9) and there is more 15 than one year remaining on the person's sentence that would be served 16 in the department of children, youth, and families facility and given 17 the option to request a transfer to a department of children, youth, 18 and families facility. A person who is eligible for transfer to a 19 department of children, youth, and families facility under this 20 subsection has the right to counsel and the department of children, 21 youth, and families shall process the transfer request with the 22 coordination of the department of corrections. The department of 23 corrections shall determine the person's earned release date. 24 (a) While in the custody of the department of children, youth, 25 and families, the person must have the same treatment, housing 26 options, transfer, and access to program resources as any other 27 person committed to that juvenile correctional facility or 28 institution pursuant to chapter 13.40 RCW. Except as provided under 29 (((d) of this)) subsection (3) of this section, treatment, placement, 30 and program decisions shall be at the sole discretion of the 31 department of children, youth, and families. ((The person shall not 32 be transferred to the custody of the department of corrections 33 without the approval of the department of children, youth, and 34 families until the person reaches the age of twenty-five.)) 35 (b) If the person's sentence includes a term of community 36 custody, the department of children, youth, and families shall not 37 release the person to community custody until the department of 38 corrections has approved the person's release plan pursuant to RCW 39 9.94A.729(5)(b). If a person is held past his or her earned release 40 p. 49 HB 2389 date pending release plan approval, the department of children, 1 youth, and families shall retain custody until a plan is approved or 2 the person completes the ordered term of confinement prior to age 3 ((twenty-five)) 25. 4 (((c))) (2)(a) The department of children, youth, and families 5 may not transfer a person placed in a facility operated by the 6 department of children, youth, and families under this section to the 7 custody of the department of corrections until the person reaches the 8 age of 25, unless one of the following exceptions in this subsection 9 (2) applies. 10 (b) If the department of children, youth, and families 11 ((determines)) establishes at a hearing before a review board under 12 RCW 13.40.280 that ((retaining custody of)) the person in a facility 13 of the department of children, youth, and families presents a 14 ((significant safety risk)) continuing and serious threat to the 15 safety of others in the institution, the department of children, 16 youth, and families may transfer the person to the custody of the 17 department of corrections. 18 (((d))) (c)(i) Until January 1, 2031, except as provided in this 19 subsection (2)(c), after taking actions outlined in RCW 13.40.460(10) 20 and section 15 of this act and exhausting any remaining transfer 21 authority provided to the secretary of the department of children, 22 youth, and families that apply to individuals convicted in adult 23 court of an offense that occurred before turning age 18, if the 24 population of the juvenile rehabilitation institution exceeds 105 25 percent of rated bed capacity as described in RCW 13.40.460(9) and 26 the rehabilitative goals of the institution cannot be met as defined 27 in this section, the secretary of the department of children, youth, 28 and families may, with the consent of the secretary of the department 29 of corrections, only transfer a sufficient number of persons who meet 30 the requirements provided in (c)(ii) of this subsection to the 31 custody of the department of corrections to reduce the in-residence 32 population of the facility to 95 percent of rated bed capacity in a 33 manner consistent with the requirements in this subsection (2)(c). 34 (ii) If the circumstances listed in (c)(i) of this subsection 35 exist, the secretary of the department of children, youth, and 36 families may only transfer a person who is age 21 or older, and who 37 consistently refuses to participate in available rehabilitative 38 programming, or engage in planning for such programming, provided the 39 p. 50 HB 2389 person receives a transfer hearing under RCW 13.40.280 prior to 1 transfer. 2 (iii) Transfer hearings under this subsection (2)(c) shall take 3 into account whether the department of children, youth, and families 4 has offered the person culturally and age-appropriate services based 5 on the person's diagnostic evaluation process used at intake as 6 described under RCW 13.40.460 or any other assessment conducted 7 during the person's intake to the department of children, youth, and 8 families institution, and the person's engagement in programming, 9 treatment needs, goals, future plans, length of confinement, 10 classification, current behavior, mental and emotional health, and 11 any disabilities or special needs impacting the safety or suitability 12 of transferring the person to the department of corrections, be 13 minimally disruptive, and ensure a person has at least seven calendar 14 days' notice to prepare for the hearing. 15 (3) The department of corrections must retain authority over 16 custody decisions relating to a person whose earned release date is 17 on or after the person's ((twenty-fifth)) 25th birthday and who is 18 placed in a facility operated by the department of children, youth, 19 and families under this section, unless the person qualifies for 20 partial confinement under RCW 72.01.412, and must approve any leave 21 from the facility. When the person turns age ((twenty-five)) 25, ((he 22 or she)) the person must be transferred to the department of 23 corrections, except as described under RCW 72.01.412. The department 24 of children, youth, and families has all routine and day-to-day 25 operations authority for the person while the person is in its 26 custody. 27 (((2))) (4)(a) Except as provided in (b) and (c) of this 28 subsection, a person under the age of ((eighteen)) 18 who is 29 transferred to the custody of the department of corrections must be 30 placed in a housing unit, or a portion of a housing unit, that is 31 separated from other persons in custody who are ((eighteen)) 18 years 32 of age or older, until the person reaches the age of ((eighteen)) 18. 33 (b) A person who is transferred to the custody of the department 34 of corrections and reaches ((eighteen)) 18 years of age may remain in 35 a housing unit for persons under the age of ((eighteen)) 18 if the 36 secretary of corrections determines that: (i) The person's needs and 37 the rehabilitation goals for the person could continue to be better 38 met by the programs and housing environment that is separate from 39 other persons in custody who are ((eighteen)) 18 years of age and 40 p. 51 HB 2389 older; and (ii) the programs or housing environment for persons under 1 the age of ((eighteen)) 18 will not be substantially affected by the 2 continued placement of the person in that environment. The person may 3 remain placed in a housing unit for persons under the age of 4 ((eighteen)) 18 until such time as the secretary of corrections 5 determines that the person's needs and goals are no longer better met 6 in that environment but in no case past the person's ((twenty-fifth)) 7 25th birthday. 8 (c) A person transferred to the custody of the department of 9 corrections who is under the age of ((eighteen)) 18 may be housed in 10 an intensive management unit or administrative segregation unit 11 containing offenders ((eighteen)) 18 years of age or older if it is 12 necessary for the safety or security of the offender or staff. In 13 these cases, the offender must be kept physically separate from other 14 offenders at all times. 15 (((3))) (5) The department of children, youth, and families must 16 review the placement of a person over age ((twenty-one)) 18 in the 17 custody of the department of children, youth, and families under this 18 section to ((determine whether the person should be transferred to 19 the custody of the department of corrections)) provide information to 20 the person regarding voluntary transfer to the custody of the 21 department of corrections. 22 (a) The department of children, youth, and families may determine 23 the frequency of the review required under this subsection, but the 24 review must occur at least once before the person reaches age 25 ((twenty-three)) 23 if the person's commitment period in a juvenile 26 institution extends beyond the person's ((twenty-third)) 25th 27 birthday. 28 (b) At the review required under this subsection, the department 29 of children, youth, and families and the department of corrections 30 shall provide information in writing to the person on all available 31 placement options and availability of those options at the department 32 of corrections, and the person's specific eligibility for those 33 placement options based on their classification and custody level 34 determination made by the department of corrections in writing prior 35 to any voluntary transfer decision. The person shall be provided an 36 opportunity to consult with counsel during the review to confirm that 37 the person is making a knowing, voluntary, and fully informed 38 request. 39 p. 52 HB 2389 (c) A person who, after the review, requests to be transferred to 1 the department of corrections shall have seven days to reconsider the 2 transfer request. Following the seven-day waiting period, if the 3 person confirms their continued request to transfer to the custody of 4 the department of corrections, the person shall be transferred 5 directly into the placement agreed upon by the secretary of the 6 department of children, youth, and families and the secretary of the 7 department of corrections. A person who has been transferred to the 8 department of corrections under this section may request to be 9 transferred and returned to the custody of the department of 10 children, youth, and families one time within 12 months after 11 transferring, provided the in-residence population of the juvenile 12 rehabilitation institution is below 95 percent rated bed capacity at 13 the time the department of children, youth, and families receives the 14 request. If the in-residence population of the juvenile 15 rehabilitation institution exceeds 95 percent rated bed capacity at 16 the time the department of children, youth, and families receives the 17 person's request, the request shall be placed on hold until the in- 18 residence population returns below 95 percent rated bed capacity, at 19 which time the department of children, youth, and families shall 20 process the transfer request with the coordination of the department 21 of corrections. 22 (d) The hearing requirements of RCW 13.40.280 do not apply to 23 persons transferred under this subsection. 24 (6) For the purposes of this section, "rehabilitative goals of 25 the institution" include, but are not limited to: 26 (a) Appropriate bathroom and shower ratio to youth; 27 (b) Adequate education space to ensure that all youth can 28 maintain a full class schedule; and 29 (c) Adequate indoor and outdoor recreation space to safely manage 30 population groups. 31 Sec. 19. RCW 13.40.280 and 2017 3rd sp.s. c 6 s 611 are each 32 amended to read as follows: 33 (1) The secretary of the department of children, youth, and 34 families, with the consent of the secretary of the department of 35 corrections, has the authority to transfer a juvenile presently or 36 hereafter committed to the department of children, youth, and 37 families to the department of corrections for appropriate 38 institutional placement in accordance with this section. 39 p. 53 HB 2389 (2)(a) The secretary of the department of children, youth, and 1 families may, with the consent of the secretary of the department of 2 corrections, transfer a juvenile offender to the department of 3 corrections if it is established at a hearing before a review board 4 that continued placement of the juvenile offender in an institution 5 for juvenile offenders presents a continuing and serious threat to 6 the safety of others in the institution. 7 (b) The department of children, youth, and families shall 8 establish rules for the conduct of the hearing, including provision 9 of counsel for the juvenile offender. 10 (c) In no case may behavior that occurred prior to a juvenile 11 turning 18 years old be considered as a basis to seek a transfer or 12 establish a continuing and serious threat under this section. 13 (3) ((Assaults made against any staff member at a juvenile 14 corrections institution that are reported to a local law enforcement 15 agency shall require a hearing held by the department of children, 16 youth, and families review board within ten judicial working days.)) 17 The secretary of the department shall establish rules for defining 18 and developing an internal behavioral management infraction system 19 and procedures to respond to a continuing and serious threat to the 20 safety of others in the institution under this section. The rules 21 shall provide guidance on when the following circumstances present a 22 continuing and serious threat and warrant imposing a disciplinary 23 infraction by the department: Any assault involving serious bodily 24 harm and possession of any contraband that puts the safety of others 25 or the security of the institution at risk. The department shall also 26 establish a rule setting the amount of time for when the board must 27 hold a hearing. The board shall determine whether the accused 28 juvenile offender represents a continuing and serious threat to the 29 safety of others in the institution. 30 (4) ((Upon conviction in a court of law for custodial assault as 31 defined in RCW 9A.36.100, the)) The department of children, youth, 32 and families review board shall ((conduct a second hearing, within 33 five judicial working days, to)) recommend to the secretary of the 34 department of children, youth, and families that the ((convicted)) 35 juvenile be transferred to an adult correctional facility if the 36 review board has determined the juvenile offender represents a 37 continuing and serious threat to the safety of others in the 38 institution. 39 p. 54 HB 2389 ((The juvenile has the burden to show cause why the transfer to 1 an adult correctional facility should not occur.)) 2 (5) The secretary may, with the consent of the secretary of the 3 department of corrections, transfer an individual committed to the 4 department under RCW 72.01.410. The review board established under 5 this section shall determine whether the conditions for transfer, as 6 set forth in RCW 72.01.410, have been met. The hearing requirements 7 of this section do not apply to persons transferred under section 15 8 of this act or RCW 72.01.410(5). 9 (6) A juvenile offender transferred to an institution operated by 10 the department of corrections shall not remain in such an institution 11 beyond the maximum term of confinement imposed by the juvenile court. 12 (((6))) (7) A juvenile offender who has been transferred to the 13 department of corrections under this section may, in the discretion 14 of the secretary of the department of children, youth, and families 15 and with the consent of the secretary of the department of 16 corrections, be transferred from an institution operated by the 17 department of corrections to a facility for juvenile offenders deemed 18 appropriate by the secretary. 19 NEW SECTION. Sec. 20. A new section is added to chapter 72.01 20 RCW to read as follows: 21 (1) A person in the custody of the department of children, youth, 22 and families under RCW 72.01.410 is eligible to be released on or 23 after the person's earned release date by the department of 24 corrections if: 25 (a) The person's earned release date is within six months of the 26 person's 25th birthday; 27 (b) The person has not been deemed a high risk to reoffend; and 28 (c) The person has not committed any serious infractions as 29 defined by the department of children, youth, and families' internal 30 behavioral management infraction system. 31 (2) As part of the department of children, youth, and families 32 monitoring of rated bed capacity under RCW 13.40.460(11), when the 33 in-residence population of any juvenile rehabilitation institution 34 reaches 90 percent of rated bed capacity, the department shall begin 35 to plan and identify persons who may be released by the department of 36 corrections under this section. 37 PART III 38 p. 55 HB 2389 MISCELLANEOUS 1 Sec. 21. RCW 13.40.205 and 2021 c 206 s 4 are each amended to 2 read as follows: 3 (1) A juvenile sentenced to a term of confinement to be served 4 under the supervision of the department shall not be released from 5 the physical custody of the department prior to the release date 6 established under RCW 13.40.210 except as otherwise provided in this 7 section. 8 (2) A juvenile serving a term of confinement under the 9 supervision of the department may be released on authorized leave 10 from the physical custody of the department only if consistent with 11 public safety and if: 12 (a)(i) Sixty percent of the minimum term of confinement has been 13 served; and 14 (((b))) (ii) The purpose of the leave is to enable the juvenile: 15 (((i))) (A) To visit the juvenile's family for the purpose of 16 strengthening or preserving family relationships; 17 (((ii))) (B) To make plans for parole or release which require 18 the juvenile's personal appearance in the community and which will 19 facilitate the juvenile's reintegration into the community; or 20 (((iii))) (C) To make plans for a residential placement out of 21 the juvenile's home which requires the juvenile's personal appearance 22 in the community; or 23 (b) The leave is temporary and tolls an individual's term of 24 confinement under the supervision of the department, and physical 25 custody is transferred from the department to the county for the 26 purpose of serving a jail sentence of 364 days or less in order to 27 preserve the individual's eligibility for community placement and 28 reentry services provided by the department at the conclusion of an 29 individual's term of confinement so long as the leave does not extend 30 their original sentence past their maximum juvenile jurisdiction age 31 for individuals who will be released from the department's custody. 32 In cases of leave granted under this subsection (2)(b), the secretary 33 may waive all or any portions of (a) of this subsection and 34 subsections (3) through (6) of this section. 35 (3) ((No)) Except as provided in subsection (2)(b) of this 36 section, no authorized leave may exceed seven consecutive days. The 37 total of all preminimum term authorized leaves granted to a juvenile 38 p. 56 HB 2389 prior to final discharge from confinement shall not exceed thirty 1 days. 2 (4) ((Prior)) Except as provided in subsection (2)(b) of this 3 section, prior to authorizing a leave, the secretary shall require a 4 written leave plan, which shall detail the purpose of the leave and 5 how it is to be achieved, the address at which the juvenile shall 6 reside, the identity of the person responsible for supervising the 7 juvenile during the leave, and a statement by such person 8 acknowledging familiarity with the leave plan and agreeing to 9 supervise the juvenile and to notify the secretary immediately if the 10 juvenile violates any terms or conditions of the leave. The leave 11 plan shall include such terms and conditions as the secretary deems 12 appropriate and shall be signed by the juvenile. 13 (5) ((Upon)) Except as provided in subsection (2)(b) of this 14 section, upon authorizing a leave, the secretary shall issue to the 15 juvenile an authorized leave order which shall contain the name of 16 the juvenile, the fact that the juvenile is on leave from a 17 designated facility, the time period of the leave, and the identity 18 of an appropriate official of the department to contact when 19 necessary. The authorized leave order shall be carried by the 20 juvenile at all times while on leave. 21 (6) ((Prior)) Except as provided in subsection (2)(b) of this 22 section, prior to the commencement of any authorized leave, the 23 secretary shall give notice of the leave to the appropriate law 24 enforcement agency in the jurisdiction in which the juvenile will 25 reside during the leave period. The notice shall include the identity 26 of the juvenile, the time period of the leave, the residence of the 27 juvenile during the leave, and the identity of the person responsible 28 for supervising the juvenile during the leave. 29 (7) The secretary may authorize a leave, which shall not exceed 30 ((forty-eight)) 48 hours plus travel time, to meet an emergency 31 situation such as a death or critical illness of a member of the 32 juvenile's family. The secretary may authorize a leave, which shall 33 not exceed the period of time medically necessary, to obtain medical 34 care not available in a juvenile facility maintained by the 35 department. In cases of emergency or medical leave the secretary may 36 waive all or any portions of subsections (2)(a), (3), (4), (5), and 37 (6) of this section. 38 (8) If requested by the juvenile's victim or the victim's 39 immediate family, the secretary shall give notice of any leave or 40 p. 57 HB 2389 community transition services under subsection (13) of this section 1 to the victim or the victim's immediate family. 2 (9) A juvenile who violates any condition of an authorized leave 3 plan or community transition services under subsection (13) of this 4 section may be taken into custody and returned to the department in 5 the same manner as an adult in identical circumstances. 6 (10) Community transition services is an electronic monitoring 7 program as that term is used in RCW 9A.76.130. 8 (11) Notwithstanding the provisions of this section, a juvenile 9 placed in minimum security status or in community transition services 10 under subsection (13) of this section may participate in work, 11 educational, community restitution, or treatment programs in the 12 community up to ((twelve)) 12 hours a day if approved by the 13 secretary. Such a release shall not be deemed a leave of absence. 14 This authorization may be increased to more than twelve hours a day 15 up to sixteen hours a day if approved by the secretary and operated 16 within the department's appropriations. 17 (12) Subsections (6), (7), and (8) of this section do not apply 18 to juveniles covered by RCW 13.40.215. 19 (13)(a) The department may require a person in its custody to 20 serve the remainder of the person's sentence in community transition 21 services if the department determines that such placement is in the 22 best interest of the person and the community using the risk 23 assessment tool and considering the availability of appropriate 24 placements, treatment, and programming. The department's 25 determination described under this subsection must include 26 consideration of the person's behavior while in confinement and any 27 disciplinary considerations. The department shall establish 28 appropriate conditions the person must comply with to remain in 29 community transition services. A person must have served 60 percent 30 of their minimum term of confinement and no less than 15 weeks of 31 total confinement including time spent in detention prior to 32 sentencing or the entry of a dispositional order before becoming 33 eligible for community transition services under the authority and 34 supervision of the department. 35 (b) A person placed in community transition services under this 36 section must have access to appropriate treatment and programming as 37 determined by the department, including but not limited to: 38 (i) Behavioral health treatment; 39 (ii) Independent living; 40 p. 58 HB 2389 (iii) Employment; 1 (iv) Education; 2 (v) Connections to family and natural supports; and 3 (vi) Community connections. 4 (c) Community transition services under this section is in lieu 5 of confinement in an institution or community facility operated by 6 the department, and will not fulfill any period of parole required 7 under RCW 13.40.210. 8 (d) If a person placed in community transition services under 9 this section violates a condition of participation in the community 10 transition services program, or if the department determines that 11 placement in the program is no longer in the best interests of the 12 person or community, the person may be returned to an institution 13 operated by the department at the department's discretion. 14 (e) The following persons are not eligible for community 15 transition services under this section: 16 (i) Persons with pending charges or warrants; 17 (ii) Persons who will be transferred to the department of 18 corrections, who are in the custody of the department of corrections, 19 or who are under the supervision of the department of corrections; 20 (iii) Persons who were adjudicated or convicted of the crime of 21 murder in the first or second degree; 22 (iv) Persons who meet the definition of a "persistent offender" 23 as defined under RCW 9.94A.030; 24 (v) Level III sex offenders; and 25 (vi) Persons requiring out-of-state placement. 26 (14) The department shall design, or contract for the design, and 27 implement a risk assessment tool. The tool must be designed to limit 28 bias related to race, ethnicity, gender, and age. The risk assessment 29 tool must be certified at least every three years based on current 30 academic standards for assessment validation, and can be certified by 31 the office of innovation, alignment, and accountability or an outside 32 researcher. 33 Sec. 22. RCW 13.40.210 and 2024 c 297 s 16 are each amended to 34 read as follows: 35 (1) The secretary shall set a release date for each juvenile 36 committed to its custody. The release date shall be within the 37 prescribed range to which a juvenile has been committed under RCW 38 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 39 p. 59 HB 2389 concerning offenders the department determines are eligible for the 1 juvenile offender basic training camp program. Such dates shall be 2 determined prior to the expiration of ((sixty)) 60 percent of a 3 juvenile's minimum term of confinement included within the prescribed 4 range to which the juvenile has been committed. The secretary shall 5 release any juvenile committed to the custody of the department 6 within four calendar days prior to the juvenile's release date or on 7 the release date set under this chapter. Days spent in the custody of 8 the department shall be tolled by any period of time during which a 9 juvenile ((has)): 10 (a) Has absented himself or herself from the department's 11 supervision without the prior approval of the secretary or the 12 secretary's designee; and 13 (b) Is confined in a county jail under RCW 13.40.205(2)(b) after 14 being sentenced on an adult conviction with a maximum term of 15 confinement of 364 days or less in a county jail. 16 (2) The secretary shall monitor the average daily population of 17 the state's juvenile residential facilities. When the secretary 18 concludes that in-residence population of residential facilities 19 exceeds one hundred five percent of the rated bed capacity specified 20 in statute, or in absence of such specification, as specified by the 21 department in rule, the secretary may recommend reductions to the 22 governor. On certification by the governor that the recommended 23 reductions are necessary, the secretary has authority to 24 administratively release a sufficient number of offenders to reduce 25 in-residence population to one hundred percent of rated bed capacity. 26 The secretary shall release those offenders who have served the 27 greatest proportion of their sentence. However, the secretary may 28 deny release in a particular case at the request of an offender, or 29 if the secretary finds that there is no responsible custodian, as 30 determined by the department, to whom to release the offender, or if 31 the release of the offender would pose a clear danger to society. The 32 department shall notify the committing court of the release at the 33 time of release if any such early releases have occurred as a result 34 of excessive in-residence population. In no event shall an offender 35 adjudicated of a violent offense be granted release under the 36 provisions of this subsection. 37 (3)(a) Following the release of any juvenile under subsection (1) 38 of this section, the secretary may require the juvenile to comply 39 with a program of parole to be administered by the department in his 40 p. 60 HB 2389 or her community which shall last no longer than ((eighteen)) 18 1 months, except that in the case of a juvenile sentenced for a sex 2 offense as defined under RCW 9.94A.030 the period of parole shall be 3 ((twenty-four)) 24 months and, in the discretion of the secretary, 4 may be up to ((thirty-six)) 36 months when the secretary finds that 5 an additional period of parole is necessary and appropriate in the 6 interests of public safety or to meet the ongoing needs of the 7 juvenile. A parole program is mandatory for offenders released under 8 subsection (2) of this section and for offenders who receive a 9 juvenile residential commitment sentence for theft of a motor 10 vehicle, possession of a stolen motor vehicle, or taking a motor 11 vehicle without permission 1. A juvenile adjudicated for unlawful 12 possession of a firearm, possession of a stolen firearm, theft of a 13 firearm, or drive-by shooting may participate in aggression 14 replacement training, functional family therapy, or functional family 15 parole aftercare if the juvenile meets eligibility requirements for 16 these services. The decision to place an offender in an evidence- 17 based parole program shall be based on an assessment by the 18 department of the offender's risk for reoffending upon release and an 19 assessment of the ongoing treatment needs of the juvenile. The 20 department shall prioritize available parole resources to provide 21 supervision and services to offenders at moderate to high risk for 22 reoffending. 23 (b) The secretary shall, for the period of parole, facilitate the 24 juvenile's reintegration into his or her community and to further 25 this goal shall require the juvenile to refrain from possessing a 26 firearm or using a deadly weapon, and refrain from committing new 27 offenses or violating any orders issued by the juvenile court 28 pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) 29 Undergo available medical, psychiatric, drug and alcohol, sex 30 offender, mental health, and other offense-related treatment 31 services; (ii) report as directed to a parole officer and/or 32 designee; (iii) pursue a course of study, vocational training, or 33 employment; (iv) notify the parole officer of the current address 34 where he or she resides; (v) be present at a particular address 35 during specified hours; (vi) remain within prescribed geographical 36 boundaries; (vii) submit to electronic monitoring; (viii) refrain 37 from using illegal drugs and alcohol, and submit to random urinalysis 38 when requested by the assigned parole officer; (ix) refrain from 39 contact with specific individuals or a specified class of 40 p. 61 HB 2389 individuals; (x) meet other conditions determined by the parole 1 officer to further enhance the juvenile's reintegration into the 2 community; (xi) pay any court-ordered fines or restitution; and (xii) 3 perform community restitution. Community restitution for the purpose 4 of this section means compulsory service, without compensation, 5 performed for the benefit of the community by the offender. Community 6 restitution may be performed through public or private organizations 7 or through work crews. 8 (c) The secretary may further require up to twenty-five percent 9 of the highest risk juvenile offenders who are placed on parole to 10 participate in an intensive supervision program. Offenders 11 participating in an intensive supervision program shall be required 12 to comply with all terms and conditions listed in (b) of this 13 subsection and shall also be required to comply with the following 14 additional terms and conditions: (i) Obey all laws and refrain from 15 any conduct that threatens public safety; (ii) report at least once a 16 week to an assigned community case manager; and (iii) meet all other 17 requirements imposed by the community case manager related to 18 participating in the intensive supervision program. As a part of the 19 intensive supervision program, the secretary may require day 20 reporting. 21 (d) After termination of the parole period, the juvenile shall be 22 discharged from the department's supervision. 23 (4)(a) The department may also modify parole for violation 24 thereof. If, after affording a juvenile all of the due process rights 25 to which he or she would be entitled if the juvenile were an adult, 26 the secretary finds that a juvenile has violated a condition of his 27 or her parole, the secretary shall order one of the following which 28 is reasonably likely to effectuate the purpose of the parole and to 29 protect the public: (i) Continued supervision under the same 30 conditions previously imposed; (ii) intensified supervision with 31 increased reporting requirements; (iii) additional conditions of 32 supervision authorized by this chapter; (iv) except as provided in 33 (a)(v) and (vi) of this subsection, imposition of a period of 34 confinement not to exceed thirty days in a facility operated by or 35 pursuant to a contract with the state of Washington or any city or 36 county for a portion of each day or for a certain number of days each 37 week with the balance of the days or weeks spent under supervision; 38 (v) the secretary may order any of the conditions or may return the 39 offender to confinement for the remainder of the sentence range if 40 p. 62 HB 2389 the offense for which the offender was sentenced is rape in the first 1 or second degree, rape of a child in the first or second degree, 2 child molestation in the first degree, indecent liberties with 3 forcible compulsion, or a sex offense that is also a serious violent 4 offense as defined by RCW 9.94A.030; and (vi) the secretary may order 5 any of the conditions or may return the offender to confinement for 6 the remainder of the sentence range if the youth has completed the 7 basic training camp program as described in RCW 13.40.320. 8 (b) The secretary may modify parole and order any of the 9 conditions or may return the offender to confinement for up to 10 twenty-four weeks if the offender was sentenced for a sex offense as 11 defined under RCW 9A.44.128 and is known to have violated the terms 12 of parole. Confinement beyond thirty days is intended to only be used 13 for a small and limited number of sex offenders. It shall only be 14 used when other graduated sanctions or interventions have not been 15 effective or the behavior is so egregious it warrants the use of the 16 higher level intervention and the violation: (i) Is a known pattern 17 of behavior consistent with a previous sex offense that puts the 18 youth at high risk for reoffending sexually; (ii) consists of sexual 19 behavior that is determined to be predatory as defined in RCW 20 71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to 21 a recent overt act. The total number of days of confinement for 22 violations of parole conditions during the parole period shall not 23 exceed the number of days provided by the maximum sentence imposed by 24 the disposition for the underlying offense pursuant to RCW 25 13.40.0357. The department shall not aggregate multiple parole 26 violations that occur prior to the parole revocation hearing and 27 impose consecutive ((twenty-four)) 24 week periods of confinement for 28 each parole violation. The department is authorized to engage in rule 29 making pursuant to chapter 34.05 RCW, to implement this subsection, 30 including narrowly defining the behaviors that could lead to this 31 higher level intervention. 32 (c) If the department finds that any juvenile in a program of 33 parole has possessed a firearm or used a deadly weapon during the 34 program of parole, the department shall modify the parole under (a) 35 of this subsection and confine the juvenile for at least thirty days. 36 Confinement shall be in a facility operated by or pursuant to a 37 contract with the state or any county. 38 (5) A parole officer of the department of children, youth, and 39 families shall have the power to arrest a juvenile under his or her 40 p. 63 HB 2389 supervision on the same grounds as a law enforcement officer would be 1 authorized to arrest the person. 2 (6) If so requested and approved under chapter 13.06 RCW, the 3 secretary shall permit a county or group of counties to perform 4 functions under subsections (3) through (5) of this section. 5 NEW SECTION. Sec. 23. Sections 12 through 20 of this act are 6 necessary for the immediate preservation of the public peace, health, 7 or safety, or support of the state government and its existing public 8 institutions, and take effect immediately. 9 NEW SECTION. Sec. 24. If specific funding for the purposes of 10 this act, referencing this act by bill or chapter number, is not 11 provided by June 30, 2026, in the omnibus appropriations act, this 12 act is null and void. 13 --- END --- p. 64 HB 2389