Text of WA SB 5296 (2026)

AN ACT Relating to improving outcomes for individuals adjudicated 1 of juvenile offenses by increasing opportunities for community 2 placement options and refining procedural requirements; amending RCW 3 13.40.160, 13.40.165, 13.40.185, 13.40.0357, 72.05.420, 13.40.210, 4 13.40.215, 13.40.230, 13.40.308, and 72.01.412; and reenacting and 5 amending RCW 13.40.162. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 Sec. 1. RCW 13.40.160 and 2023 c 295 s 9 are each amended to 8 read as follows: 9 (1) The standard range disposition for a juvenile adjudicated of 10 an offense is determined according to RCW 13.40.0357 and this 11 section. 12 (a) When the court sentences an offender to a local sanction as 13 provided in RCW 13.40.0357 option A, the court shall impose a 14 determinate disposition within the standard ranges, except as 15 provided in subsections (2)((, (3), (4),)) through (5)((, or (6))) of 16 this section. The disposition may be comprised of one or more local 17 sanctions. 18 (b) When the court sentences an offender to a standard range as 19 provided in RCW 13.40.0357 option A that includes a term of 20 confinement exceeding ((thirty)) 30 days, commitment shall be to the 21 S-0521.1 SENATE BILL 5296 State of Washington 69th Legislature 2025 Regular Session By Senator C. Wilson p. 1 SB 5296 department for the standard range of confinement, except as provided 1 in subsections (2)((, (3), (4),)) through (5)((, or (6))) of this 2 section for the following offenses: 3 (i) Murder in the first degree committed at any age; 4 (ii) Murder in the second degree committed at any age; 5 (iii) Rape in the first degree committed at any age; 6 (iv) Assault in the first degree committed when the juvenile was 7 age 16 or older; 8 (v) Drive-by shooting committed when the juvenile was age 16 or 9 older; and 10 (vi) Kidnapping in the first degree committed when the juvenile 11 was age 16 or older. 12 (c) Except for offenses listed in (b) of this subsection, before 13 the court sentences an offender to a standard range as provided in 14 RCW 13.40.0357 option A that includes a term of confinement exceeding 15 30 days, the court shall make an independent finding, supported by 16 clear and convincing evidence, that commitment to an institution is 17 needed because a community-based placement would not adequately 18 protect the community. A stipulation by the parties alone is not 19 sufficient to support an independent finding that commitment to an 20 institution is needed under this subsection. Commitment of a juvenile 21 to confinement over 30 days must be to the department for the 22 standard range of confinement, except as provided in this subsection 23 and subsections (2) through (5) of this section. 24 (d) In making a finding under (c) of this subsection, the court 25 shall consider the following factors: 26 (i) The severity of the offense or offenses for which the 27 juvenile has most recently been adjudicated, including the juvenile's 28 role in the offense, the juvenile's behavior, and harm done to 29 victims; 30 (ii) The juvenile's criminal history, including the adequacy and 31 success of previous attempts by the juvenile court to rehabilitate 32 the juvenile; 33 (iii) Whether the programming, treatment, and education offered 34 and provided in a juvenile rehabilitation facility is appropriate to 35 meet the treatment and security needs of the juvenile; 36 (iv) Whether the goals of rehabilitation and community safety can 37 be met by assigning the juvenile to a less restrictive disposition 38 that is available to the court; and 39 p. 2 SB 5296 (v) The juvenile's age, developmental maturity, mental and 1 emotional health, sexual orientation, gender identity and expression, 2 and any disabilities or special needs impacting the safety or 3 suitability of committing the juvenile to a term of confinement in 4 juvenile court. 5 (e) If the court does not make a finding under (c) of this 6 subsection that commitment to an institution is needed, the court may 7 place the juvenile on electronic monitoring for up to the minimum of 8 the juvenile's standard range while on community supervision. 9 (f) If the court does make a finding under (c) of this subsection 10 that commitment to an institution is needed, the court must maintain 11 concurrent jurisdiction over the juvenile, along with the department, 12 and must hold review hearings as described under RCW 13.40.185(3). 13 (2) If the court concludes, and enters reasons for its 14 conclusion, that disposition within the standard range would 15 effectuate a manifest injustice the court shall impose a disposition 16 outside the standard range, as indicated in option D of RCW 17 13.40.0357. The court's finding of manifest injustice shall be 18 supported by clear and convincing evidence. 19 A disposition outside the standard range shall be determinate, 20 subject to the review hearings in RCW 13.40.185(3) when appropriate, 21 and shall be comprised of confinement or community supervision, or a 22 combination thereof. When a judge finds a manifest injustice and 23 imposes a sentence of confinement exceeding ((thirty)) 30 days, the 24 court shall sentence the juvenile to a maximum term, and the 25 provisions of RCW 13.40.030(2) shall be used to determine the range. 26 A disposition outside the standard range is appealable under RCW 27 13.40.230 by the state or the respondent. A disposition ((within the 28 standard range)) with a term of confinement that is 30 days or less 29 is not appealable under RCW 13.40.230. A disposition within the 30 standard range for the offenses in subsection (1)(b) of this section 31 is not appealable under RCW 13.40.230, but other dispositions with a 32 term of confinement of more than 30 days are appealable under RCW 33 13.40.230. 34 (3) If a juvenile offender is found to have committed a sex 35 offense, other than a sex offense that is also a serious violent 36 offense as defined by RCW 9.94A.030, and has no history of a prior 37 sex offense, the court may impose the special sex offender 38 disposition alternative under RCW 13.40.162. 39 p. 3 SB 5296 (4) ((If the juvenile offender is subject to a standard range 1 disposition of local sanctions or 15 to 36 weeks of confinement and 2 has not committed an A- or B+ offense, the)) The court may impose the 3 disposition alternative under RCW 13.40.165 unless a juvenile has 4 been adjudicated of one of the following offenses: 5 (a) An offense categorized as an A+ offense under RCW 13.40.0357; 6 (b) A sex offense as defined in RCW 9.94A.030; 7 (c) Assault in the first degree committed when the juvenile was 8 age 16 or older; 9 (d) Drive-by shooting committed when the juvenile was age 16 or 10 older; or 11 (e) Kidnapping in the first degree committed when the juvenile 12 was age 16 or older. 13 (5) ((If a juvenile is subject to a commitment of 15 to 65 weeks 14 of confinement, the court may impose the disposition alternative 15 under RCW 13.40.167. 16 (6) When the offender is subject to a standard range commitment 17 of 15 to 36 weeks and is ineligible for a suspended disposition 18 alternative, a manifest injustice disposition below the standard 19 range, special sex offender disposition alternative, chemical 20 dependency disposition alternative, or mental health disposition 21 alternative, the court in a county with a pilot program under RCW 22 13.40.169 may impose the disposition alternative under RCW 13.40.169. 23 (7))) RCW 13.40.193, RCW 13.40.185, and this section shall govern 24 the disposition of any juvenile adjudicated of possessing a firearm 25 in violation of RCW 9.41.040(2)(a)(v) or any crime in which a special 26 finding is entered that the juvenile was armed with a firearm. 27 (((8))) (6) RCW 13.40.308 shall govern the disposition of any 28 juvenile adjudicated of theft of a motor vehicle as defined under RCW 29 9A.56.065, possession of a stolen motor vehicle as defined under RCW 30 9A.56.068, taking a motor vehicle without permission in the first 31 degree under RCW 9A.56.070, and taking a motor vehicle without 32 permission in the second degree under RCW 9A.56.075. 33 (((9))) (7) Whenever a juvenile offender is entitled to credit 34 for time spent in detention prior to a dispositional order, the 35 dispositional order shall specifically state the number of days of 36 credit for time served, and the credit must be applied to any term of 37 confinement for a juvenile, including to reduce both the minimum and 38 maximum terms of the prescribed range to which the juvenile has been 39 committed. 40 p. 4 SB 5296 (((10))) (8) Except as provided under subsections (3)((, (4),)) 1 through (5)((, or (6))) of this section, or option B of RCW 2 13.40.0357, or RCW 13.40.127, the court shall not suspend or defer 3 the imposition or the execution of the disposition. 4 (((11))) (9) In no case shall the term of confinement imposed by 5 the court at disposition exceed that to which an adult could be 6 subjected for the same offense. 7 Sec. 2. RCW 13.40.162 and 2023 c 449 s 17 and 2023 c 150 s 8 are 8 each reenacted and amended to read as follows: 9 (1) A juvenile offender is eligible for the special sex offender 10 disposition alternative when: 11 (a) The offender is found to have committed a sex offense, other 12 than a sex offense that is also a serious violent offense as defined 13 by RCW 9.94A.030, and the offender has no history of a prior sex 14 offense; or 15 (b) The offender is found to have committed assault in the fourth 16 degree with sexual motivation, and the offender has no history of a 17 prior sex offense. 18 (2) If the court finds the offender is eligible for this 19 alternative, the court, on its own motion or the motion of the state 20 or the respondent, may order an examination to determine whether the 21 respondent is amenable to treatment. 22 (a) The report of the examination shall include at a minimum the 23 following: 24 (i) The respondent's version of the facts and the official 25 version of the facts; 26 (ii) The respondent's offense history; 27 (iii) An assessment of problems in addition to alleged deviant 28 behaviors; 29 (iv) The respondent's social, educational, and employment 30 situation; 31 (v) Other evaluation measures used. 32 The report shall set forth the sources of the evaluator's 33 information. 34 (b) The examiner shall assess and report regarding the 35 respondent's amenability to treatment and relative risk to the 36 community. A proposed treatment plan shall be provided and shall 37 include, at a minimum: 38 p. 5 SB 5296 (i) The frequency and type of contact between the offender and 1 therapist; 2 (ii) Specific issues to be addressed in the treatment and 3 description of planned treatment modalities; 4 (iii) Monitoring plans, including any requirements regarding 5 living conditions, lifestyle requirements, and monitoring by family 6 members, legal guardians, or others; 7 (iv) Anticipated length of treatment; and 8 (v) Recommended crime-related prohibitions. 9 (c) For good cause shown, the court on its own motion may order, 10 or on a motion by the state shall order, a second examination 11 regarding the offender's amenability to treatment. The evaluator 12 shall be selected by the party making the motion. 13 (3) After receipt of reports of the examination, the court shall 14 then consider whether the offender and the community will benefit 15 from use of this special sex offender disposition alternative and 16 consider the victim's opinion whether the offender should receive a 17 treatment disposition under this section. If the court determines 18 that this special sex offender disposition alternative is 19 appropriate, then the court shall impose a determinate disposition 20 within the standard range for the offense, or if the court concludes, 21 and enters reasons for its conclusions, that such disposition would 22 cause a manifest injustice, the court shall impose a disposition 23 under option D, and the court may suspend the execution of the 24 disposition and place the offender on community supervision for at 25 least two years. 26 (4) As a condition of the suspended disposition, the court may 27 impose the conditions of community supervision and other conditions, 28 including up to 30 days of confinement and requirements that the 29 offender do any one or more of the following: 30 (a) Devote time to a specific education, employment, or 31 occupation; 32 (b) Undergo available outpatient sex offender treatment for up to 33 two years, or inpatient sex offender treatment not to exceed the 34 standard range of confinement for that offense. A community mental 35 health center may not be used for such treatment unless it has an 36 appropriate program designed for sex offender treatment. The 37 respondent shall not change sex offender treatment providers or 38 treatment conditions without first notifying the prosecutor, the 39 probation counselor, and the court, and shall not change providers 40 p. 6 SB 5296 without court approval after a hearing if the prosecutor or probation 1 counselor object to the change; 2 (c) Remain within prescribed geographical boundaries and notify 3 the court or the probation counselor prior to any change in the 4 offender's address, educational program, or employment; 5 (d) Report to the prosecutor and the probation counselor prior to 6 any change in a sex offender treatment provider. This change shall 7 have prior approval by the court; 8 (e) Report as directed to the court and a probation counselor; 9 (f) Pay restitution and perform community restitution, or any 10 combination thereof; 11 (g) Make restitution to the victim for the cost of any counseling 12 reasonably related to the offense; or 13 (h) Comply with the conditions of any court-ordered probation 14 bond. 15 (5) If the court orders 24 hour, continuous monitoring of the 16 offender while on probation, the court shall include the basis for 17 this condition in its findings. 18 (6)(a) The court must order the offender not to attend the public 19 or approved private elementary, middle, or high school attended by 20 the victim or the victim's siblings. 21 (b) The parents or legal guardians of the offender are 22 responsible for transportation or other costs associated with the 23 offender's change of school that would otherwise be paid by the 24 school district. 25 (c) The court shall send notice of the disposition and 26 restriction on attending the same school as the victim or victim's 27 siblings to the public or approved private school the juvenile will 28 attend, if known, or if unknown, to the approved private schools and 29 the public school district board of directors of the district in 30 which the juvenile resides or intends to reside. This notice must be 31 sent at the earliest possible date but not later than 10 calendar 32 days after entry of the disposition. 33 (7)(a) The sex offender treatment provider shall submit quarterly 34 reports on the respondent's progress in treatment to the court and 35 the parties. The reports shall reference the treatment plan and 36 include at a minimum the following: Dates of attendance, respondent's 37 compliance with requirements, treatment activities, the respondent's 38 relative progress in treatment, and any other material specified by 39 the court at the time of the disposition. 40 p. 7 SB 5296 (b) At the time of the disposition, the court may set treatment 1 review hearings as the court considers appropriate. 2 (c) Except as provided in this subsection, examinations and 3 treatment ordered pursuant to this subsection shall be conducted by 4 qualified professionals as described under (d) of this subsection, 5 certified sex offender treatment providers, or certified affiliate 6 sex offender treatment providers under chapter 18.155 RCW. 7 (d) A sex offender therapist who examines or treats a juvenile 8 sex offender pursuant to this subsection does not have to be 9 certified by the department of health pursuant to chapter 18.155 RCW 10 if the therapist is a professional licensed under chapter 18.225 or 11 18.83 RCW and the treatment employed is evidence-based for sex 12 offender treatment, or if the court finds that: (i) The offender has 13 already moved to another state or plans to move to another state for 14 reasons other than circumventing the certification requirements; (ii) 15 no certified sex offender treatment providers or certified affiliate 16 sex offender treatment providers are available for treatment within a 17 reasonable geographical distance of the offender's home; and (iii) 18 the evaluation and treatment plan comply with this subsection and the 19 rules adopted by the department of health. 20 (8)(a) If the offender violates any condition of the disposition 21 or the court finds that the respondent is failing to make 22 satisfactory progress in treatment, the court may revoke the 23 suspension and order execution of the disposition or the court may 24 impose a penalty of up to 30 days confinement for violating 25 conditions of the disposition. 26 (b) The court may order both execution of the disposition and up 27 to 30 days confinement for the violation of the conditions of the 28 disposition. 29 (c) 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, and the credit must be applied to 32 any term of confinement for a juvenile, including to reduce both the 33 minimum and maximum terms of the prescribed range to which the 34 juvenile has been committed. 35 (9) For purposes of this section, "victim" means any person who 36 has sustained emotional, psychological, physical, or financial injury 37 to person or property as a direct result of the crime charged. 38 "Victim" may also include a known parent or guardian of a victim who 39 p. 8 SB 5296 is a minor child unless the parent or guardian is the perpetrator of 1 the offense. 2 (10) The respondent or the parent, guardian, or other person 3 having custody of the respondent shall not be required to pay the 4 cost of any evaluation or treatment of the respondent ordered under 5 this section. 6 (11) A disposition entered under this section is not appealable 7 under RCW 13.40.230. 8 Sec. 3. RCW 13.40.165 and 2023 c 449 s 18 are each amended to 9 read as follows: 10 (1) The purpose of this disposition alternative is to ensure that 11 successful treatment options to reduce recidivism are available to 12 eligible youth, pursuant to RCW 71.24.615. It is also the purpose of 13 the disposition alternative to assure that minors in need of 14 substance use disorder, mental health, and/or co-occurring disorder 15 treatment receive an appropriate continuum of culturally relevant 16 care and treatment, including prevention and early intervention, 17 self-directed care, parent-directed care, and residential treatment. 18 To facilitate the continuum of care and treatment to minors in out- 19 of-home placements, all divisions of the department that provide 20 these services to minors shall jointly plan and deliver these 21 services. It is also the purpose of the disposition alternative to 22 protect the rights of minors against needless hospitalization and 23 deprivations of liberty and to enable treatment decisions to be made 24 in response to clinical needs and in accordance with sound 25 professional judgment. The mental health, substance abuse, and co- 26 occurring disorder treatment providers shall, to the extent possible, 27 offer services that involve minors' parents, guardians, and family. 28 (2) The court must consider eligibility for the substance use 29 disorder or mental health disposition alternative when a juvenile 30 offender is subject to a standard range disposition ((of local 31 sanctions or 15 to 36 weeks of confinement)) and has not committed an 32 ((A- or B+)) A+ offense((, other than a first time B+ offense under 33 chapter 69.50 RCW)). The court, on its own motion or the motion of 34 the state or the respondent if the evidence shows that the offender 35 may be chemically dependent, substance abusing, or has significant 36 mental health or co-occurring disorders may order an examination by a 37 substance use disorder counselor from a substance use disorder 38 treatment facility approved under chapter 70.96A RCW or a mental 39 p. 9 SB 5296 health professional as defined in chapter 71.34 RCW to determine if 1 the youth is chemically dependent, substance abusing, or suffers from 2 significant mental health or co-occurring disorders. The state shall 3 pay the cost of any examination ordered under this subsection unless 4 third-party insurance coverage is available. 5 (3) The report of the examination shall include at a minimum the 6 following: The respondent's version of the facts and the official 7 version of the facts, the respondent's offense history, an assessment 8 of drug-alcohol problems, mental health diagnoses, previous treatment 9 attempts, the respondent's social, educational, and employment 10 situation, and other evaluation measures used. The report shall set 11 forth the sources of the examiner's information. 12 (4) The examiner shall assess and report regarding the 13 respondent's relative risk to the community. A proposed treatment 14 plan shall be provided and shall include, at a minimum: 15 (a) Whether inpatient and/or outpatient treatment is recommended; 16 (b) Availability of appropriate treatment; 17 (c) Monitoring plans, including any requirements regarding living 18 conditions, lifestyle requirements, and monitoring by family members, 19 legal guardians, or others; 20 (d) Anticipated length of treatment; and 21 (e) Recommended crime-related prohibitions. 22 (5) The court on its own motion may order, or on a motion by the 23 state or the respondent shall order, a second examination. The 24 evaluator shall be selected by the party making the motion. The 25 requesting party shall pay the cost of any examination ordered under 26 this subsection unless the requesting party is the offender, in which 27 case the state shall pay the cost if no third-party insurance 28 coverage is available. 29 (6)(a) After receipt of reports of the examination, the court 30 shall then consider whether the offender and the community will 31 benefit from use of this disposition alternative and consider the 32 victim's opinion whether the offender should receive a treatment 33 disposition under this section. 34 (b) If the court determines that this disposition alternative is 35 appropriate, then the court shall impose the standard range for the 36 offense, or if the court concludes, and enters reasons for its 37 conclusion, that such disposition would effectuate a manifest 38 injustice, the court shall impose a disposition above the standard 39 range as indicated in option D of RCW 13.40.0357 if the disposition 40 p. 10 SB 5296 is an increase from the standard range and the confinement of the 1 offender does not exceed a maximum of 52 weeks, suspend execution of 2 the disposition, and place the offender on community supervision for 3 up to one year. As a condition of the suspended disposition, the 4 court shall require the offender to undergo available outpatient 5 drug/alcohol, mental health, or co-occurring disorder treatment 6 and/or inpatient mental health or drug/alcohol treatment. The court 7 shall only order inpatient treatment under this section if a funded 8 bed is available. If the inpatient treatment is longer than 90 days, 9 the court shall hold a review hearing every 30 days beyond the 10 initial 90 days. The respondent may appear telephonically at these 11 review hearings if in compliance with treatment. As a condition of 12 the suspended disposition, the court may impose conditions of 13 community supervision and other sanctions, including up to 30 days of 14 confinement, 150 hours of community restitution, and payment of 15 restitution. 16 (7) The mental health/co-occurring disorder/drug/alcohol 17 treatment provider shall submit monthly reports on the respondent's 18 progress in treatment to the court and the parties. The reports shall 19 reference the treatment plan and include at a minimum the following: 20 Dates of attendance, respondent's compliance with requirements, 21 treatment activities, the respondent's relative progress in 22 treatment, and any other material specified by the court at the time 23 of the disposition. 24 At the time of the disposition, the court may set treatment 25 review hearings as the court considers appropriate. 26 If the offender violates any condition of the disposition or the 27 court finds that the respondent is failing to make satisfactory 28 progress in treatment, the court may impose sanctions pursuant to RCW 29 13.40.200 or, if the court makes a finding under RCW 13.40.160(1)(c), 30 revoke the suspension and order execution of the disposition. The 31 court shall give credit for any confinement time previously served if 32 that confinement was for the offense for which the suspension is 33 being revoked, and the credit must be applied to any term of 34 confinement for a juvenile, including to reduce both the minimum and 35 maximum terms of the prescribed range to which the juvenile has been 36 committed. 37 (8) For purposes of this section, "victim" means any person who 38 has sustained emotional, psychological, physical, or financial injury 39 to person or property as a direct result of the offense charged. 40 p. 11 SB 5296 "Victim" may also include a known parent or guardian of a victim who 1 is a minor child or is not a minor child but is incapacitated, 2 incompetent, disabled, or deceased. 3 (9) Whenever a juvenile offender is entitled to credit for time 4 spent in detention prior to a dispositional order, the dispositional 5 order shall specifically state the number of days of credit for time 6 served, and the credit must be applied to any term of confinement for 7 a juvenile, including to reduce both the minimum and maximum terms of 8 the prescribed range to which the juvenile has been committed. 9 (10) In no case shall the term of confinement imposed by the 10 court at disposition exceed that to which an adult could be subjected 11 for the same offense. 12 (11) A disposition under this section is not appealable under RCW 13 13.40.230. 14 (12) Subject to funds appropriated for this specific purpose, the 15 costs incurred by the juvenile courts for the mental health, 16 substance use disorder, and/or co-occurring disorder evaluations, 17 treatment, and costs of supervision required under this section shall 18 be paid by the health care authority. 19 (13) A juvenile, or the parent, guardian, or other person having 20 custody of the juvenile shall not be required to pay the cost of any 21 evaluation or treatment ordered under this section. 22 Sec. 4. RCW 13.40.185 and 2017 3rd sp.s. c 6 s 608 are each 23 amended to read as follows: 24 (1) ((Any)) Except as provided under RCW 13.40.160(1)(e), any 25 term of confinement imposed for an offense which exceeds ((thirty)) 26 30 days shall be served under the supervision of the department, 27 although the juvenile court maintains concurrent jurisdiction over 28 the case. If the period of confinement imposed for more than one 29 offense exceeds ((thirty)) 30 days but the term imposed for each 30 offense is less than ((thirty)) 30 days or if the court orders 31 electronic monitoring up to the minimum of the standard range under 32 RCW 13.40.160(1)(e), the confinement may, in the discretion of the 33 court, be served in a juvenile facility operated by or pursuant to a 34 contract with the state or a county. 35 (2)(a) Whenever a juvenile is confined in a detention facility or 36 is committed to the department, the court may not directly order a 37 juvenile into a particular county or state facility. The juvenile 38 court administrator and the secretary or the secretary's designee, as 39 p. 12 SB 5296 appropriate, has the sole discretion to determine in which facility a 1 juvenile should be confined or committed. The counties may operate a 2 variety of detention facilities as determined by the county 3 legislative authority subject to available funds. 4 (b) For juveniles whose minimum prescribed range of confinement 5 would result in less than 60 days of confinement in an institution, 6 accounting for the juvenile's credit for time served, the juvenile 7 may be confined to a detention facility for up to 10 days after the 8 disposition hearing for the department to determine the juvenile's 9 release date. If the department determines that a juvenile's release 10 date would occur in less than 60 days, the remaining confinement may 11 be served in a detention facility or on electronic home monitoring 12 pursuant to a department contract with the county. 13 (3) Excluding the offenses listed in RCW 13.40.160(1)(b), the 14 juvenile court maintains concurrent jurisdiction over a juvenile who 15 is committed to the department and shall schedule review hearings 16 every six months that the juvenile is in the custody of a juvenile 17 rehabilitation facility to assess the youth's progress. 18 (a) The department shall provide a report to the juvenile court 19 at least 14 days before each review hearing detailing: 20 (i) The services received by the juvenile; 21 (ii) Any infractions committed by the juvenile; 22 (iii) How often the juvenile and the juvenile's family have had 23 in-person visitation and video visits since the disposition hearing 24 or the last review hearing, whichever is later; and 25 (iv) How often the juvenile has been under room confinement due 26 to staffing issues or overpopulation and whether there have been any 27 major disruptions to programming in the last six months. 28 (b) During each review hearing the court shall consider the 29 juvenile's progress and shall release the juvenile from the custody 30 of the department and place the juvenile on up to a year of community 31 supervision, unless: 32 (i) The juvenile will be placed on mandatory parole; or 33 (ii) The court makes a finding under RCW 13.40.160(1)(c). 34 (c) The prosecutor shall provide notice to the victim at least 35 two weeks before each review hearing described under subsection (3) 36 of this section, if the victim requests such notice be provided. 37 (d) The respondent may appear remotely for the hearing described 38 under subsection (3) of this section upon agreement of the 39 respondent. 40 p. 13 SB 5296 Sec. 5. RCW 13.40.0357 and 2023 c 295 s 8 are each amended to 1 read as follows: 2 3 DESCRIPTION AND OFFENSE CATEGORY 4 5 6 7 8 JUVENILE DISPOSITION OFFENSE CATEGORY DESCRIPTION (RCW CITATION) JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION 9 Arson and Malicious Mischief 10 A Arson 1 (9A.48.020) B+ 11 B Arson 2 (9A.48.030) C 12 C Reckless Burning 1 (9A.48.040) D 13 D Reckless Burning 2 (9A.48.050) E 14 B Malicious Mischief 1 (9A.48.070) C 15 C Malicious Mischief 2 (9A.48.080) D 16 D Malicious Mischief 3 (9A.48.090) E 17 18 E Tampering with Fire Alarm Apparatus (9.40.100) E 19 20 E Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) E 21 22 A Possession of Incendiary Device (9.40.120) B+ 23 24 Assault and Other Crimes Involving Physical Harm 25 A Assault 1 (9A.36.011) B+ 26 B+ Assault 2 (9A.36.021) C+ 27 C+ Assault 3 (9A.36.031) D+ 28 D+ Assault 4 (9A.36.041) E 29 30 B+ Drive-By Shooting (9A.36.045) committed at age 15 or under C+ 31 32 A++ Drive-By Shooting (9A.36.045) committed at age 16 or 17 A 33 D+ Reckless Endangerment (9A.36.050) E 34 C+ Promoting Suicide Attempt (9A.36.060) D+ 35 D+ Coercion (9A.36.070) E 36 C+ Custodial Assault (9A.36.100) D+ p. 14 SB 5296 1 Burglary and Trespass 2 3 B+ Burglary 1 (9A.52.020) committed at age 15 or under C+ 4 5 A- Burglary 1 (9A.52.020) committed at age 16 or 17 B+ 6 B Residential Burglary (9A.52.025) C 7 B Burglary 2 (9A.52.030) C 8 9 D Burglary Tools (Possession of) (9A.52.060) E 10 D Criminal Trespass 1 (9A.52.070) E 11 E Criminal Trespass 2 (9A.52.080) E 12 C Mineral Trespass (78.44.330) C 13 C Vehicle Prowling 1 (9A.52.095) D 14 D Vehicle Prowling 2 (9A.52.100) E 15 Drugs 16 17 E Possession/Consumption of Alcohol (66.44.270) E 18 19 C Illegally Obtaining Legend Drug (69.41.020) D 20 21 C+ Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) D+ 22 23 E Possession of Legend Drug (69.41.030(2)(b)) E 24 25 26 27 B+ Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) B+ 28 29 30 C Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) C 31 32 E Possession of Cannabis <40 grams (69.50.4014) E 33 34 C Fraudulently Obtaining Controlled Substance (69.50.403) C 35 36 C+ Sale of Controlled Substance for Profit (69.50.410) C+ 37 E Unlawful Inhalation (9.47A.020) E p. 15 SB 5296 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. 16 SB 5296 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. 17 SB 5296 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 Robbery 1 (9A.56.200) committed at age 15 or under B+ 20 21 A++ Robbery 1 (9A.56.200) committed at age 16 or 17 A 22 B+ Robbery 2 (9A.56.210) C+ 23 B+ Extortion 1 (9A.56.120) C+ 24 C+ Extortion 2 (9A.56.130) D+ 25 C Identity Theft 1 (9.35.020(2)) D 26 D Identity Theft 2 (9.35.020(3)) E 27 28 D Improperly Obtaining Financial Information (9.35.010) E 29 30 B Possession of a Stolen Vehicle (9A.56.068) C 31 32 B Possession of Stolen Property 1 (9A.56.150) C 33 34 C Possession of Stolen Property 2 (9A.56.160) D 35 36 D Possession of Stolen Property 3 (9A.56.170) E p. 18 SB 5296 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. 19 SB 5296 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. 20 SB 5296 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) If the offender is subject to a standard range disposition 27 involving confinement by the department, the court may impose the 28 standard range based on a finding under RCW 13.40.160(1)(c) and 29 suspend the disposition on condition that the offender comply with 30 one or more local sanctions and any educational or treatment 31 requirement. The treatment programs provided to the offender must be 32 either research-based best practice programs as identified by the 33 Washington state institute for public policy or the joint legislative 34 audit and review committee, or for chemical dependency treatment 35 programs or services, they must be evidence-based or research-based 36 best practice programs. For the purposes of this subsection: 37 p. 21 SB 5296 (a) "Evidence-based" means a program or practice that has had 1 multiple site random controlled trials across heterogeneous 2 populations demonstrating that the program or practice is effective 3 for the population; and 4 (b) "Research-based" means a program or practice that has some 5 research demonstrating effectiveness, but that does not yet meet the 6 standard of evidence-based practices. 7 (2) If the offender fails to comply with the suspended 8 disposition, the court may impose sanctions pursuant to RCW 13.40.200 9 or may revoke the suspended disposition and order the disposition's 10 execution. 11 (3) An offender is ineligible for the suspended disposition 12 option under this section if the offender is adjudicated of: 13 (a) ((Is adjudicated of an)) An A+ ((or A++)) offense; 14 (b) ((Is fourteen years of age or older and is adjudicated of one 15 or more of the following offenses: 16 (i) A class A offense, or an attempt, conspiracy, or solicitation 17 to commit a class A offense; 18 (ii) Manslaughter in the first degree (RCW 9A.32.060); 19 (iii) Assault in the second degree (RCW 9A.36.021), extortion in 20 the first degree (RCW 9A.56.120), kidnapping in the second degree 21 (RCW 9A.40.030), drive-by shooting (RCW 9A.36.045), vehicular 22 homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), or 23 manslaughter 2 (RCW 9A.32.070); or 24 (iv) Violation of the uniform controlled substances act (RCW 25 69.50.401(2) (a) and (b)), when the offense includes infliction of 26 bodily harm upon another or when during the commission or immediate 27 withdrawal from the offense the respondent was armed with a deadly 28 weapon; 29 (c) Is ordered to serve a disposition for a firearm violation 30 under RCW 13.40.193; 31 (d) Is adjudicated of a)) Assault in the first degree committed 32 when the juvenile was age 16 or older; 33 (c) Drive-by shooting committed when the juvenile was age 16 or 34 older; 35 (d) Kidnapping in the first degree committed when the juvenile 36 was age 16 or older; or 37 (e) A sex offense as defined in RCW 9.94A.030((; or 38 (e) Has a prior option B disposition)). 39 p. 22 SB 5296 (4) The court may revoke a suspended disposition only if the 1 court makes a finding under RCW 13.40.160(1)(c). 2 OR 3 OPTION C 4 CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE 5 ((If the juvenile offender is subject to a standard range 6 disposition of local sanctions or 15 to 36 weeks of confinement and 7 has not committed a B++ or B+ offense)) Unless a juvenile has been 8 adjudicated of an A+ offense, assault in the first degree committed 9 when the juvenile was age 16 or older, drive-by shooting committed 10 when the juvenile was age 16 or older, kidnapping in the first degree 11 committed when the juvenile was age 16 or older, or a sex offense as 12 defined in RCW 9.94A.030, the court may impose a disposition under 13 RCW 13.40.160(4) and 13.40.165. The court may revoke this disposition 14 alternative only if the court makes a finding under RCW 15 13.40.160(1)(c). 16 OR 17 OPTION D 18 MANIFEST INJUSTICE 19 If the court determines that a disposition under option A, B, or C 20 would effectuate a manifest injustice, the court shall impose a 21 disposition outside the standard range under RCW 13.40.160(2). 22 Sec. 6. RCW 72.05.420 and 1998 c 269 s 10 are each amended to 23 read as follows: 24 (1) The department shall not initially place an offender in a 25 community facility unless((: 26 (a) The)) the department has conducted a risk assessment, 27 including a determination of drug and alcohol abuse, and the results 28 indicate the juvenile will pose not more than a minimum risk to 29 public safety((; and 30 (b) The offender has spent at least ten percent of his or her 31 sentence, but in no event less than thirty days, in a secure 32 institution operated by, or under contract with, the department)). 33 The risk assessment must include consideration of all prior 34 convictions and all available nonconviction data released upon 35 request under RCW 10.97.050, and any serious infractions or serious 36 p. 23 SB 5296 violations while under the jurisdiction of the secretary or the 1 courts. 2 (2) ((No juvenile offender may be placed in a community facility 3 until the juvenile's student records and information have been 4 received and the department has reviewed them in conjunction with all 5 other information used for risk assessment, security classification, 6 and placement of the juvenile. 7 (3))) A juvenile offender shall not be placed in a community 8 facility until the department's risk assessment and security 9 classification is complete ((and local law enforcement has been 10 properly notified)). 11 Sec. 7. RCW 13.40.210 and 2024 c 297 s 16 are each amended to 12 read as follows: 13 (1) The secretary shall set a release date for each juvenile 14 committed to its custody and prioritize setting the release date as 15 soon as possible for juveniles who would serve less than 60 days 16 under the supervision of the department. The release date shall be 17 within the prescribed range, after accounting for the credit that 18 must be applied to both the minimum and maximum terms of the 19 prescribed range to which a juvenile has been committed under RCW 20 13.40.0357 or 13.40.030 except as provided in RCW 13.40.320 21 concerning offenders the department determines are eligible for the 22 juvenile offender basic training camp program. Such dates shall be 23 determined prior to the expiration of sixty percent of a juvenile's 24 minimum term of confinement included within the prescribed range to 25 which the juvenile has been committed, after accounting for the 26 credit that must be applied to both the minimum and maximum terms of 27 the prescribed range. The secretary shall release any juvenile 28 committed to the custody of the department within four calendar days 29 prior to the juvenile's release date or on the release date set under 30 this chapter. Days spent in the custody of the department shall be 31 tolled by any period of time during which a juvenile has absented 32 himself or herself from the department's supervision without the 33 prior approval of the secretary or the secretary's designee. 34 (2) The secretary shall monitor the average daily population of 35 the state's juvenile residential facilities. When the secretary 36 concludes that in-residence population of residential facilities 37 exceeds one hundred five percent of the rated bed capacity specified 38 in statute, or in absence of such specification, as specified by the 39 p. 24 SB 5296 department in rule, the secretary may recommend reductions to the 1 governor. On certification by the governor that the recommended 2 reductions are necessary, the secretary has authority to 3 administratively release a sufficient number of offenders to reduce 4 in-residence population to one hundred percent of rated bed capacity. 5 The secretary shall release those offenders who have served the 6 greatest proportion of their sentence. However, the secretary may 7 deny release in a particular case at the request of an offender, or 8 if the secretary finds that there is no responsible custodian, as 9 determined by the department, to whom to release the offender, or if 10 the release of the offender would pose a clear danger to society. The 11 department shall notify the committing court of the release at the 12 time of release if any such early releases have occurred as a result 13 of excessive in-residence population. In no event shall an offender 14 adjudicated of a violent offense be granted release under the 15 provisions of this subsection. 16 (3)(a) Following the release of any juvenile under subsection (1) 17 of this section, the secretary may require the juvenile to comply 18 with a program of parole to be administered by the department in his 19 or her community which shall last no longer than eighteen months, 20 except that in the case of a juvenile sentenced for a sex offense as 21 defined under RCW 9.94A.030 the period of parole shall be twenty-four 22 months and, in the discretion of the secretary, may be up to thirty- 23 six months when the secretary finds that an additional period of 24 parole is necessary and appropriate in the interests of public safety 25 or to meet the ongoing needs of the juvenile. A parole program is 26 mandatory for offenders released under subsection (2) of this section 27 and for offenders who receive a juvenile residential commitment 28 sentence for theft of a motor vehicle, possession of a stolen motor 29 vehicle, or taking a motor vehicle without permission 1. A juvenile 30 adjudicated for unlawful possession of a firearm, possession of a 31 stolen firearm, theft of a firearm, or drive-by shooting may 32 participate in aggression replacement training, functional family 33 therapy, or functional family parole aftercare if the juvenile meets 34 eligibility requirements for these services. The decision to place an 35 offender in an evidence-based parole program shall be based on an 36 assessment by the department of the offender's risk for reoffending 37 upon release and an assessment of the ongoing treatment needs of the 38 juvenile. The department shall prioritize available parole resources 39 p. 25 SB 5296 to provide supervision and services to offenders at moderate to high 1 risk for reoffending. 2 (b) The secretary shall, for the period of parole, facilitate the 3 juvenile's reintegration into his or her community and to further 4 this goal shall require the juvenile to refrain from possessing a 5 firearm or using a deadly weapon, and refrain from committing new 6 offenses or violating any orders issued by the juvenile court 7 pursuant to chapter 7.105 RCW, and may require the juvenile to: (i) 8 Undergo available medical, psychiatric, drug and alcohol, sex 9 offender, mental health, and other offense-related treatment 10 services; (ii) report as directed to a parole officer and/or 11 designee; (iii) pursue a course of study, vocational training, or 12 employment; (iv) notify the parole officer of the current address 13 where he or she resides; (v) be present at a particular address 14 during specified hours; (vi) remain within prescribed geographical 15 boundaries; (vii) submit to electronic monitoring; (viii) refrain 16 from using illegal drugs and alcohol, and submit to random urinalysis 17 when requested by the assigned parole officer; (ix) refrain from 18 contact with specific individuals or a specified class of 19 individuals; (x) meet other conditions determined by the parole 20 officer to further enhance the juvenile's reintegration into the 21 community; (xi) pay any court-ordered fines or restitution; and (xii) 22 perform community restitution. Community restitution for the purpose 23 of this section means compulsory service, without compensation, 24 performed for the benefit of the community by the offender. Community 25 restitution may be performed through public or private organizations 26 or through work crews. 27 (c) The secretary may further require up to twenty-five percent 28 of the highest risk juvenile offenders who are placed on parole to 29 participate in an intensive supervision program. Offenders 30 participating in an intensive supervision program shall be required 31 to comply with all terms and conditions listed in (b) of this 32 subsection and shall also be required to comply with the following 33 additional terms and conditions: (i) Obey all laws and refrain from 34 any conduct that threatens public safety; (ii) report at least once a 35 week to an assigned community case manager; and (iii) meet all other 36 requirements imposed by the community case manager related to 37 participating in the intensive supervision program. As a part of the 38 intensive supervision program, the secretary may require day 39 reporting. 40 p. 26 SB 5296 (d) After termination of the parole period, the juvenile shall be 1 discharged from the department's supervision. 2 (4)(a) The department may also modify parole for violation 3 thereof. If, after affording a juvenile all of the due process rights 4 to which he or she would be entitled if the juvenile were an adult, 5 the secretary finds that a juvenile has violated a condition of his 6 or her parole, the secretary shall order one of the following which 7 is reasonably likely to effectuate the purpose of the parole and to 8 protect the public: (i) Continued supervision under the same 9 conditions previously imposed; (ii) intensified supervision with 10 increased reporting requirements; (iii) additional conditions of 11 supervision authorized by this chapter; (iv) except as provided in 12 (a)(v) and (vi) of this subsection, imposition of a period of 13 confinement not to exceed thirty days in a facility operated by or 14 pursuant to a contract with the state of Washington or any city or 15 county for a portion of each day or for a certain number of days each 16 week with the balance of the days or weeks spent under supervision; 17 (v) the secretary may order any of the conditions or may return the 18 offender to confinement for the remainder of the sentence range if 19 the offense for which the offender was sentenced is rape in the first 20 or second degree, rape of a child in the first or second degree, 21 child molestation in the first degree, indecent liberties with 22 forcible compulsion, or a sex offense that is also a serious violent 23 offense as defined by RCW 9.94A.030; and (vi) the secretary may order 24 any of the conditions or may return the offender to confinement for 25 the remainder of the sentence range if the youth has completed the 26 basic training camp program as described in RCW 13.40.320. 27 (b) The secretary may modify parole and order any of the 28 conditions or may return the offender to confinement for up to 29 twenty-four weeks if the offender was sentenced for a sex offense as 30 defined under RCW 9A.44.128 and is known to have violated the terms 31 of parole. Confinement beyond thirty days is intended to only be used 32 for a small and limited number of sex offenders. It shall only be 33 used when other graduated sanctions or interventions have not been 34 effective or the behavior is so egregious it warrants the use of the 35 higher level intervention and the violation: (i) Is a known pattern 36 of behavior consistent with a previous sex offense that puts the 37 youth at high risk for reoffending sexually; (ii) consists of sexual 38 behavior that is determined to be predatory as defined in RCW 39 71.09.020; or (iii) requires a review under chapter 71.09 RCW, due to 40 p. 27 SB 5296 a recent overt act. The total number of days of confinement for 1 violations of parole conditions during the parole period shall not 2 exceed the number of days provided by the maximum sentence imposed by 3 the disposition for the underlying offense pursuant to RCW 4 13.40.0357. The department shall not aggregate multiple parole 5 violations that occur prior to the parole revocation hearing and 6 impose consecutive twenty-four week periods of confinement for each 7 parole violation. The department is authorized to engage in rule 8 making pursuant to chapter 34.05 RCW, to implement this subsection, 9 including narrowly defining the behaviors that could lead to this 10 higher level intervention. 11 (c) If the department finds that any juvenile in a program of 12 parole has possessed a firearm or used a deadly weapon during the 13 program of parole, the department shall modify the parole under (a) 14 of this subsection and confine the juvenile for at least thirty days. 15 Confinement shall be in a facility operated by or pursuant to a 16 contract with the state or any county. 17 (5) A parole officer of the department of children, youth, and 18 families shall have the power to arrest a juvenile under his or her 19 supervision on the same grounds as a law enforcement officer would be 20 authorized to arrest the person. 21 (6) If so requested and approved under chapter 13.06 RCW, the 22 secretary shall permit a county or group of counties to perform 23 functions under subsections (3) through (5) of this section. 24 Sec. 8. RCW 13.40.215 and 2021 c 206 s 5 are each amended to 25 read as follows: 26 (1)(a) Except as provided in subsection (2) of this section, at 27 the earliest practicable date, and in no event later than thirty days 28 before discharge, parole, or any other authorized leave or release, 29 or before transfer to a community residential facility or community 30 transition services program, the secretary shall send written notice 31 of the discharge, parole, authorized leave or release, or transfer of 32 a juvenile found to have committed a serious violent offense, a sex 33 offense, or stalking, to the following: 34 (i) The chief of police of the city, if any, in which the 35 juvenile will reside; and 36 (ii) The sheriff of the county in which the juvenile will reside. 37 (b)(i) Except as provided in subsection (2) of this section, at 38 the earliest practicable date, and in no event later than thirty days 39 p. 28 SB 5296 before discharge, parole, or any other authorized leave or release, 1 or before transfer to a community residential facility or community 2 transition services program, the secretary shall send written notice 3 of the discharge, parole, authorized leave or release, or transfer of 4 an individual who is found to have committed a serious violent 5 offense or a sex offense, is twenty-one years of age or younger, and 6 has not received a high school diploma or its equivalent, to the 7 designated recipient of the school where the juvenile ((either: (A) 8 Was enrolled prior to incarceration or detention; or (B))) has 9 expressed an intention to enroll following his or her release. This 10 notice must also include the restrictions described in subsection (5) 11 of this section. 12 (ii) ((The community residential facility shall provide written 13 notice of the offender's criminal history to the designated recipient 14 of any school that the offender attends while residing at the 15 community residential facility and to any employer that employs the 16 offender while residing at the community residential facility. 17 (iii))) As used in this subsection, "designated recipient" means: 18 (A) The superintendent of the school district, or his or her 19 designee, of a common school as defined in RCW 28A.150.020 or a 20 school that is the subject of a state-tribal education compact under 21 chapter 28A.715 RCW; (B) the administrator of a charter public school 22 governed by chapter 28A.710 RCW; or (C) the administrator of a 23 private school approved under chapter 28A.195 RCW. 24 (c) The same notice as required by (a) of this subsection shall 25 be sent to the following, if such notice has been requested in 26 writing about a specific juvenile: 27 (i) The victim of the offense for which the juvenile was found to 28 have committed or the victim's next of kin if the crime was a 29 homicide; 30 (ii) Any witnesses who testified against the juvenile in any 31 court proceedings involving the offense; and 32 (iii) Any person specified in writing by the prosecuting 33 attorney. 34 Information regarding victims, next of kin, or witnesses requesting 35 the notice, information regarding any other person specified in 36 writing by the prosecuting attorney to receive the notice, and the 37 notice are confidential and shall not be available to the juvenile. 38 The notice to the chief of police or the sheriff shall include the 39 identity of the juvenile, the residence where the juvenile will 40 p. 29 SB 5296 reside, the identity of the person, if any, responsible for 1 supervising the juvenile, and the time period of any authorized 2 leave. 3 (d) The thirty-day notice requirements contained in this 4 subsection shall not apply to emergency medical furloughs. 5 (e) The existence of the notice requirements in this subsection 6 will not require any extension of the release date in the event the 7 release plan changes after notification. 8 (2)(a) If a juvenile found to have committed a violent offense, a 9 sex offense, or stalking escapes from a facility of the department, 10 the secretary shall immediately notify, by the most reasonable and 11 expedient means available, the chief of police of the city and the 12 sheriff of the county in which the juvenile resided immediately 13 before the juvenile's arrest. If previously requested, the secretary 14 shall also notify the witnesses and the victim of the offense which 15 the juvenile was found to have committed or the victim's next of kin 16 if the crime was a homicide. If the juvenile is recaptured, the 17 secretary shall send notice to the persons designated in this 18 subsection as soon as possible but in no event later than two working 19 days after the department learns of such recapture. 20 (b) The secretary may authorize a leave, for a juvenile found to 21 have committed a violent offense, a sex offense, or stalking, which 22 shall not exceed forty-eight hours plus travel time, to meet an 23 emergency situation such as a death or critical illness of a member 24 of the juvenile's family. The secretary may authorize a leave, which 25 shall not exceed the time medically necessary, to obtain medical care 26 not available in a juvenile facility maintained by the department. 27 Prior to the commencement of an emergency or medical leave, the 28 secretary shall give notice of the leave to the appropriate law 29 enforcement agency in the jurisdiction in which the juvenile will be 30 during the leave period. The notice shall include the identity of the 31 juvenile, the time period of the leave, the residence of the juvenile 32 during the leave, and the identity of the person responsible for 33 supervising the juvenile during the leave. If previously requested, 34 the department shall also notify the witnesses and victim of the 35 offense which the juvenile was found to have committed or the 36 victim's next of kin if the offense was a homicide. 37 In case of an emergency or medical leave the secretary may waive 38 all or any portion of the requirements for leaves pursuant to RCW 39 13.40.205 (2)(a), (3), (4), and (5). 40 p. 30 SB 5296 (3) If the victim, the victim's next of kin, or any witness is 1 under the age of sixteen, the notice required by this section shall 2 be sent to the parents or legal guardian of the child. 3 (4) The secretary shall send the notices required by this chapter 4 to the last address provided to the department by the requesting 5 party. The requesting party shall furnish the department with a 6 current address. 7 (5) Upon discharge, parole, transfer to a community residential 8 facility, or other authorized leave or release, a convicted juvenile 9 sex offender shall not attend a public or approved private 10 elementary, middle, or high school that is attended by a victim or a 11 sibling of a victim of the sex offender. The parents or legal 12 guardians of the convicted juvenile sex offender shall be responsible 13 for transportation or other costs associated with or required by the 14 sex offender's change in school that otherwise would be paid by a 15 school district. 16 (6) For purposes of this section the following terms have the 17 following meanings: 18 (a) "Violent offense" means a violent offense under RCW 19 9.94A.030; 20 (b) "Sex offense" means a sex offense under RCW 9.94A.030; 21 (c) "Stalking" means the crime of stalking as defined in RCW 22 9A.46.110; 23 (d) "Next of kin" means a person's spouse, parents, siblings, and 24 children. 25 Sec. 9. RCW 13.40.230 and 1997 c 338 s 35 are each amended to 26 read as follows: 27 (1) Dispositions reviewed pursuant to RCW 13.40.160 shall be 28 reviewed in the appropriate division of the court of appeals. 29 An appeal under this section shall be heard solely upon the 30 record that was before the disposition court. No written briefs may 31 be required, and the appeal shall be heard within thirty days 32 following the date of sentencing and a decision rendered within 33 fifteen days following the argument. The supreme court shall 34 promulgate any necessary rules to effectuate the purposes of this 35 section. 36 (2) To uphold a disposition outside the standard range, the court 37 of appeals must find: (a) ((that)) That the reasons supplied by the 38 disposition judge are supported by the record which was before the 39 p. 31 SB 5296 judge and that those reasons clearly and convincingly support the 1 conclusion that a disposition within the range would constitute a 2 manifest injustice((,)); and (b) that the sentence imposed was 3 neither clearly excessive nor clearly too lenient. 4 (3) If the court does not find subsection (2)(a) of this section 5 it shall remand the case for disposition within the standard range. 6 (4) If the court finds subsection (2)(a) of this section but not 7 subsection (2)(b) of this section it shall remand the case with 8 instructions for further proceedings consistent with the provisions 9 of this chapter. 10 (5) To uphold a finding under RCW 13.40.160(1)(c), the court of 11 appeals must find: (a) That the reasons supplied by the disposition 12 judge are supported by the record which was before the judge; and (b) 13 that those reasons clearly and convincingly support the conclusion 14 that commitment to juvenile rehabilitation is needed because a 15 community-based placement would not adequately protect the community. 16 (6) The disposition court may impose conditions on release 17 pending appeal as provided in RCW 13.40.040(((4))) (5) and 18 13.40.050(6). 19 (((6))) (7) Appeal of a disposition under this section does not 20 affect the finality or appeal of the underlying adjudication of 21 guilt. 22 Sec. 10. RCW 13.40.308 and 2016 c 136 s 4 are each amended to 23 read as follows: 24 (1) If a respondent is adjudicated of taking a motor vehicle 25 without permission in the first degree as defined in RCW 9A.56.070, 26 the court shall impose the following minimum sentence, in addition to 27 any restitution the court may order payable to the victim: 28 (a) Juveniles with a prior criminal history score of zero to one- 29 half points shall be sentenced to a standard range sentence that 30 includes no less than three months of community supervision, 31 forty-five hours of community restitution, and a requirement that the 32 juvenile remain at home such that the juvenile is confined to a 33 private residence for no less than five days. The juvenile may be 34 subject to electronic monitoring where available. If the juvenile is 35 enrolled in school, the confinement shall be served on nonschool 36 days; 37 (b) Juveniles with a prior criminal history score of three- 38 quarters to one and one-half points shall be sentenced to a standard 39 p. 32 SB 5296 range sentence that includes six months of community supervision, no 1 less than ten days of detention, and ninety hours of community 2 restitution; and 3 (c) Juveniles with a prior criminal history score of two or more 4 points shall be sentenced to no less than fifteen to thirty-six weeks 5 commitment to the juvenile rehabilitation administration if the court 6 makes the required finding under RCW 13.40.160(1)(c), four months of 7 parole supervision, and ninety hours of community restitution. A 8 commitment to the juvenile rehabilitation administration under this 9 subsection is subject to the review hearings established under RCW 10 13.40.185(3). 11 (2) If a respondent is adjudicated of theft of a motor vehicle as 12 defined under RCW 9A.56.065, or possession of a stolen vehicle as 13 defined under RCW 9A.56.068, the court shall impose the following 14 minimum sentence, in addition to any restitution the court may order 15 payable to the victim: 16 (a) Juveniles with a prior criminal history score of zero to one- 17 half points shall be sentenced to a standard range sentence that 18 includes no less than three months of community supervision and 19 either ninety hours of community restitution or a requirement that 20 the juvenile remain at home such that the juvenile is confined in a 21 private residence for no less than five days, or a combination 22 thereof that includes a minimum of three days home confinement and a 23 minimum of forty hours of community restitution. The juvenile may be 24 subject to electronic monitoring where available; 25 (b) Juveniles with a prior criminal history score of three- 26 quarters to one and one-half points shall be sentenced to a standard 27 range sentence that includes no less than six months of community 28 supervision, no less than ten days of detention, and ninety hours of 29 community restitution; and 30 (c) Juveniles with a prior criminal history score of two or more 31 points shall be sentenced to no less than fifteen to thirty-six weeks 32 commitment to the juvenile rehabilitation administration if the court 33 makes the required finding under RCW 13.40.160(1)(c), four months of 34 parole supervision, and ninety hours of community restitution. A 35 commitment to the juvenile rehabilitation administration under this 36 subsection is subject to the review hearings established under RCW 37 13.40.185(3). 38 p. 33 SB 5296 (3) If a respondent is adjudicated of taking a motor vehicle 1 without permission in the second degree as defined in RCW 9A.56.075, 2 the court shall impose a standard range as follows: 3 (a) Juveniles with a prior criminal history score of zero to one- 4 half points shall be sentenced to a standard range sentence that 5 includes three months of community supervision, fifteen hours of 6 community restitution, and a requirement that the juvenile remain at 7 home such that the juvenile is confined in a private residence for no 8 less than one day. If the juvenile is enrolled in school, the 9 confinement shall be served on nonschool days. The juvenile may be 10 subject to electronic monitoring where available; 11 (b) Juveniles with a prior criminal history score of three- 12 quarters to one and one-half points shall be sentenced to a standard 13 range sentence that includes no less than ((one day of detention,)) 14 three months of community supervision, thirty hours of community 15 restitution, and a requirement that the juvenile remain at home such 16 that the juvenile is confined in a private residence for no less than 17 two days. If the juvenile is enrolled in school, ((the)) any 18 confinement shall be served on nonschool days. The juvenile may be 19 subject to electronic monitoring where available; and 20 (c) Juveniles with a prior criminal history score of two or more 21 points shall be sentenced to no less than ((three days of 22 detention,)) six months of community supervision, forty-five hours of 23 community restitution, and a requirement that the juvenile remain at 24 home such that the juvenile is confined in a private residence for no 25 less than seven days. If the juvenile is enrolled in school, ((the)) 26 any confinement shall be served on nonschool days. The juvenile may 27 be subject to electronic monitoring where available. 28 Sec. 11. RCW 72.01.412 and 2023 c 470 s 3018 are each amended to 29 read as follows: 30 (1) A person in the custody of the department of children, youth, 31 and families under RCW 72.01.410 is eligible for community transition 32 services under the authority and supervision of the department of 33 children, youth, and families: 34 (a) After the person's 25th birthday: 35 (i) If the person's earned release date is after the person's 36 25th birthday but on or before the person's 26th birthday; and 37 p. 34 SB 5296 (ii) The department of children, youth, and families determines 1 that placement in community transition services is in the best 2 interests of the person and the community; or 3 (b) After 60 percent of their term of confinement has been 4 served, and no less than 15 weeks of total confinement served 5 including time spent in detention prior to sentencing or the entry of 6 a dispositional order if: 7 (i) The person has an earned release date that is before their 8 26th birthday; and 9 (ii) The department of children, youth, and families determines 10 that such placement and retention by the department of children, 11 youth, and families is in the best interests of the person and the 12 community. 13 (2) "Term of confinement" as used in subsection (1)(b) of this 14 section means the term of confinement ordered, reduced by the total 15 amount of earned time eligible for the offense. 16 (3) The department's determination under subsection (1)(a)(ii) 17 and (b)(ii) of this section must include consideration of the 18 person's behavior while in confinement and any disciplinary 19 considerations. 20 (4) The department of children, youth, and families retains the 21 authority to transfer the person to the custody of the department of 22 corrections under RCW 72.01.410. 23 (5) A person may only be placed in community transition services 24 under this section for the remaining 18 months of their term of 25 confinement. 26 (6) A person placed in community transition services under this 27 section must have access to appropriate treatment and programming as 28 determined by the department of children, youth, and families, 29 including but not limited to: 30 (a) Behavioral health treatment; 31 (b) Independent living; 32 (c) Employment; 33 (d) Education; 34 (e) Connections to family and natural supports; and 35 (f) Community connections. 36 (7) If the person has a sentence that includes a term of 37 community custody, this term of community custody must begin after 38 the current term of confinement has ended. 39 p. 35 SB 5296 (8) If a person placed on community transition services under 1 this section commits a violation requiring the return of the person 2 to total confinement after the person's 25th birthday, the person 3 must be transferred to the custody and supervision of the department 4 of corrections for the remainder of the sentence. 5 (9) The following persons are not eligible for community 6 transition services under this section: 7 (a) Persons with pending charges or warrants, except those who 8 are charged with an offense that allegedly occurred at a juvenile 9 rehabilitation institution; 10 (b) Persons who will be transferred to the department of 11 corrections, who are in the custody of the department of corrections, 12 or who are under the supervision of the department of corrections; 13 (c) Persons who were adjudicated or convicted of the crime of 14 murder in the first or second degree; 15 (d) Persons who meet the definition of a "persistent offender" as 16 defined under RCW 9.94A.030; 17 (e) Level III sex offenders; and 18 (f) Persons requiring out-of-state placement. 19 (10) As used in this section, "community transition services" 20 means a therapeutic and supportive community-based custody option in 21 which: 22 (a) A person serves a portion of his or her term of confinement 23 residing in the community, outside of the department of children, 24 youth, and families institutions and community facilities; 25 (b) The department of children, youth, and families supervises 26 the person in part through the use of technology that is capable of 27 determining or identifying the monitored person's presence or absence 28 at a particular location; 29 (c) The department of children, youth, and families provides 30 access to developmentally appropriate, trauma-informed, racial 31 equity-based, and culturally relevant programs to promote successful 32 reentry; and 33 (d) The department of children, youth, and families prioritizes 34 the delivery of available programming from individuals who share 35 characteristics with the individual being served related to: Race; 36 ethnicity; sexual identity; and gender identity. 37 --- END --- p. 36 SB 5296