title: RCW 72.01.260

text:
Nothing contained in RCW 72.01.210 through 72.01.240 shall be so construed as to exclude ministers of any denomination from giving gratuitous religious or moral instruction to prisoners under such reasonable rules and regulations as the secretary may prescribe.
[ 1983 c 3 s 184; 1979 c 141 s 156; 1959 c 28 s 72.01.260. Prior: 1929 c 59 s 2; Code 1881 s 3297; RRS s 10236-1. Formerly RCW 72.08.210.]

catchline: Outside ministers not excluded.


doc_type: statute

jurisdiction: wa

title: RCW 72.01.270

text:
The secretary shall have the power to receive, hold and manage all real and personal property made over to the department by gift, devise or bequest, and the proceeds and increase thereof shall be used for the benefit of the institution for which it is received.
[ 1979 c 141 s 157; 1959 c 28 s 72.01.270. Prior: 1901 c 119 s 8; RRS s 10904. Formerly RCW 72.04.050.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Gifts, acceptance of.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 72.01.280

text:
The superintendent of each public institution and the assistant physicians, steward, accountant and chief engineer of each hospital for the mentally ill may be furnished with quarters, household furniture, board, fuel, and lights for themselves and their families, and the secretary may, when in his or her opinion any public institution would be benefited by so doing, extend this privilege to any officer at any of the public institutions under his or her control. The words "family" or "families" used in this section shall be construed to mean only the spouse and dependent children of an officer. Employees may be furnished with quarters and board for themselves. The secretary shall charge and collect from such officers and employees the full cost of the items so furnished, including an appropriate charge for depreciation of capital items.
[ 2012 c 117 s 449; 1979 c 141 s 158; 1959 c 39 s 3; 1959 c 28 s 72.01.280. Prior: 1957 c 188 s 1; 1907 c 166 s 6; 1901 c 119 s 6; RRS s 10903. Formerly RCW 72.04.040.]

catchline: Quarters for personnel—Charges.


title: RCW 72.01.282

text:
All moneys received by the secretary from charges made pursuant to RCW 72.01.280 shall be deposited by him or her in the state general fund.
[ 2012 c 117 s 450; 1981 c 136 s 71; 1979 c 141 s 159; 1959 c 210 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Quarters for personnel—Deposit of receipts.


title: RCW 72.01.290

text:
The department shall keep at its office, accessible only to the secretary and to proper officers and employees, and to other persons authorized by the secretary, a record showing the residence, sex, age, nativity, occupation, civil condition and date of entrance, or commitment of every person, patient, inmate or convict, in the several public institutions governed by the department, the date of discharge of every person from the institution, and whether such discharge is final: PROVIDED, That in addition to this information the superintendents for the hospitals for the mentally ill shall also state the condition of the person at the time of leaving the institution. The record shall also state if the person is transferred from one institution to another and to what institution; and if dead the date and cause of death. This information shall be furnished to the department by the several institutions, and also such other obtainable facts as the department may from time to time require, not later than the fifth day of each month for the month preceding, by the chief executive officer of each public institution, upon blank forms which the department may prescribe.
[ 1979 c 141 s 160; 1959 c 28 s 72.01.290. Prior: 1907 c 166 s 9; 1901 c 119 s 13; RRS s 10910. Formerly RCW 72.04.110.]

catchline: Record of patients and inmates.


title: RCW 72.01.300

text:
The secretary shall have the power, and it shall be his or her duty, to install and maintain in the department a proper cost accounting system of accounts for each of the institutions under the control of the department, for the purpose of detecting and avoiding unprofitable expenditures and operations.
[ 2012 c 117 s 451; 1979 c 141 s 161; 1959 c 28 s 72.01.300. Prior: 1921 c 7 s 43; RRS s 10801. Formerly RCW 43.19.160.]

catchline: Accounting systems.


title: RCW 72.01.310

text:
Any officer, including the secretary, or employee of the department or of the institutions under the control of the department, who, by solicitation or otherwise, exercises his or her influence, directly or indirectly, to influence other officers or employees of the state to adopt his or her political views or to favor any particular person or candidate for office, shall be removed from his or her office or position by the proper authority.
[ 2012 c 117 s 452; 1979 c 141 s 162; 1959 c 28 s 72.01.310. Prior: 1901 c 119 s 15; RRS s 10917. Formerly RCW 72.04.150.]

catchline: Political influence forbidden.


title: RCW 72.01.320

text:
The secretary shall examine into the conditions and needs of the several state institutions under the secretary's control and report in writing to the governor the condition of each institution.
[ 1987 c 505 s 66; 1979 c 141 s 163; 1977 c 75 s 84; 1959 c 28 s 72.01.320. Prior: 1955 c 195 s 5. (i) 1901 c 119 s 14; RRS s 10915. (ii) 1915 c 107 s 1, part; 1907 c 166 s 2, part; 1901 c 119 s 3, part; RRS s 10899, part. Formerly RCW 43.28.030.]

catchline: Examination of conditions and needs—Report.


title: RCW 72.01.365

text:
As used in RCW 72.01.370 and 72.01.375:
"Escorted leave" means a leave of absence from a correctional facility under the continuous supervision of an escort.
"Escort" means a correctional officer or other person approved by the superintendent or the superintendent's designee to accompany an inmate on a leave of absence and be in visual or auditory contact with the inmate at all times.
"Nonviolent offender" means an inmate under confinement for an offense other than a violent offense defined by RCW 9.94A.030.
[ 1983 c 255 s 2.]
Notes:
Prisoner furloughs: Chapter 72.66 RCW.

catchline: Escorted leaves of absence for inmates—Definitions.


title: RCW 72.01.370

text:
The superintendent of any state correctional facility may, subject to the approval of the secretary and under RCW 72.01.375, grant escorted leaves of absence to inmates confined in such institutions to:
(1) Go to the bedside of the inmate's wife, husband, child, mother or father, or other member of the inmate's immediate family who is seriously ill;
(2) Attend the funeral of a member of the inmate's immediate family listed in subsection (1) of this section;
(3) Participate in athletic contests;
(4) Perform work in connection with the industrial, educational, or agricultural programs of the department;
(5) Receive necessary medical or dental care which is not available in the institution; and
(6) Participate as a volunteer in community service work projects which are approved by the superintendent, but only inmates who are nonviolent offenders may participate in these projects. Such community service work projects shall only be instigated at the request of a local community.
[ 1992 c 7 s 53; 1983 c 255 s 3; 1981 c 136 s 72; 1979 c 141 s 164; 1959 c 40 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Escorted leaves of absence for inmates—Grounds.


title: RCW 72.01.375

text:
An inmate shall not be allowed to start a leave of absence under RCW 72.01.370 until the secretary, or the secretary's designee, has notified any county and city law enforcement agency having jurisdiction in the area of the inmate's destination.
[ 1983 c 255 s 4.]
Notes:

catchline: Escorted leaves of absence for inmates—Notification of local law enforcement agencies.


title: RCW 72.01.380

text:
The secretary is authorized to make rules and regulations providing for the conditions under which inmates will be granted leaves of absence, and providing for safeguards to prevent escapes while on leave of absence: PROVIDED, That leaves of absence granted to inmates under RCW 72.01.370 shall not allow or permit any inmate to go beyond the boundaries of this state. The secretary shall also make rules and regulations requiring the reimbursement of the state from the inmate granted leave of absence, or his or her family, for the actual costs incurred arising from any leave of absence granted under the authority of RCW 72.01.370, subsections (1) and (2): PROVIDED FURTHER, That no state funds shall be expended in connection with leaves of absence granted under RCW 72.01.370, subsections (1) and (2), unless such inmate and his or her immediate family are indigent and without resources sufficient to reimburse the state for the expenses of such leaves of absence.
[ 2012 c 117 s 453; 1981 c 136 s 73; 1979 c 141 s 165; 1959 c 40 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Leaves of absence for inmates—Rules—Restrictions—Costs.


title: RCW 72.01.410

text:
(1) Whenever any person is convicted as an adult in the courts of this state of a felony offense committed under the age of eighteen, and is committed for a term of confinement, that person shall be initially placed in a facility operated by the department of children, youth, and families. The department of corrections shall determine the person's earned release date.
(a) While in the custody of the department of children, youth, and families, the person must have the same treatment, housing options, transfer, and access to program resources as any other person committed to that juvenile correctional facility or institution pursuant to chapter 13.40 RCW. Except as provided under (d) of this subsection, treatment, placement, and program decisions shall be at the sole discretion of the department of children, youth, and families. The person shall not be transferred to the custody of the department of corrections without the approval of the department of children, youth, and families until the person reaches the age of twenty-five.
(b) If the person's sentence includes a term of community custody, the department of children, youth, and families shall not release the person to community custody until the department of corrections has approved the person's release plan pursuant to RCW 9.94A.729(5)(b). If a person is held past his or her earned release date pending release plan approval, the department of children, youth, and families shall retain custody until a plan is approved or the person completes the ordered term of confinement prior to age twenty-five.
(c) If the department of children, youth, and families determines that retaining custody of the person in a facility of the department of children, youth, and families presents a significant safety risk, the department of children, youth, and families may transfer the person to the custody of the department of corrections.
(d) The department of corrections must retain authority over custody decisions relating to a person whose earned release date is on or after the person's twenty-fifth birthday and who is placed in a facility operated by the department of children, youth, and families under this section, unless the person qualifies for partial confinement under RCW 72.01.412, and must approve any leave from the facility. When the person turns age twenty-five, he or she must be transferred to the department of corrections, except as described under RCW 72.01.412. The department of children, youth, and families has all routine and day-to-day operations authority for the person while the person is in its custody.
(2)(a) Except as provided in (b) and (c) of this subsection, a person under the age of eighteen who is transferred to the custody of the department of corrections must be placed in a housing unit, or a portion of a housing unit, that is separated from other persons in custody who are eighteen years of age or older, until the person reaches the age of eighteen.
(b) A person who is transferred to the custody of the department of corrections and reaches eighteen years of age may remain in a housing unit for persons under the age of eighteen if the secretary of corrections determines that: (i) The person's needs and the rehabilitation goals for the person could continue to be better met by the programs and housing environment that is separate from other persons in custody who are eighteen years of age and older; and (ii) the programs or housing environment for persons under the age of eighteen will not be substantially affected by the continued placement of the person in that environment. The person may remain placed in a housing unit for persons under the age of eighteen until such time as the secretary of corrections determines that the person's needs and goals are no longer better met in that environment but in no case past the person's twenty-fifth birthday.
(c) A person transferred to the custody of the department of corrections who is under the age of eighteen may be housed in an intensive management unit or administrative segregation unit containing offenders eighteen years of age or older if it is necessary for the safety or security of the offender or staff. In these cases, the offender must be kept physically separate from other offenders at all times.
(3) The department of children, youth, and families must review the placement of a person over age twenty-one in the custody of the department of children, youth, and families under this section to determine whether the person should be transferred to the custody of the department of corrections. The department of children, youth, and families may determine the frequency of the review required under this subsection, but the review must occur at least once before the person reaches age twenty-three if the person's commitment period in a juvenile institution extends beyond the person's twenty-third birthday.
[ 2019 c 322 s 2; 2017 3rd sp.s. c 6 s 728; 2015 c 156 s 2; 2002 c 171 s 1; 1997 c 338 s 41; 1994 c 220 s 1; 1981 c 136 s 74; 1979 c 141 s 166; 1959 c 140 s 1.]
Notes:
Findings—Intent—2019 c 322: "The legislature recognizes state and national efforts to reform policies that incarcerate youth and young adults in the adult criminal justice system. The legislature acknowledges that transferring youth and young adults to the adult criminal justice system is not effective in reducing future criminal behavior. Youth and young adults incarcerated in the adult criminal justice system are more likely to recidivate than their counterparts housed in juvenile facilities.
The legislature intends to enhance community safety by emphasizing rehabilitation of juveniles convicted even of the most serious violent offenses under the adult criminal justice system. Juveniles adjudicated as adults should be served and housed within the facilities of the juvenile rehabilitation administration up until age twenty-five, but released earlier if their sentence ends prior to that. In doing so, the legislature takes advantage of recent changes made by congress during the reauthorization of the juvenile justice and delinquency prevention act by the juvenile justice reform act of 2018 that allow youth and young adults who at the time of their offense are younger than the maximum age of confinement in a juvenile correctional facility, to be placed in a juvenile correctional facility by operation of state law. The emphasis on rehabilitation up to age twenty-five reflects similar programming in other states, which has significantly reduced recidivism of juveniles confined in adult correctional facilities." [ 2019 c 322 s 1.]
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—2002 c 171: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2002]." [ 2002 c 171 s 3.]
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.
Effective date—1981 c 136: See RCW 72.09.900.
Juvenile not to be confined with adult inmates: RCW 13.04.116.

catchline: Placement of person convicted as an adult for a felony offense committed under the age of eighteen.


title: RCW 72.01.412

text:
(1) A person in the custody of the department of children, youth, and families under RCW 72.01.410 is eligible for community transition services under the authority and supervision of the department of children, youth, and families:
(a) After the person's 25th birthday:
(i) If the person's earned release date is after the person's 25th birthday but on or before the person's 26th birthday; and
(ii) The department of children, youth, and families determines that placement in community transition services is in the best interests of the person and the community; or
(b) After 60 percent of their term of confinement has been served, and no less than 15 weeks of total confinement served including time spent in detention prior to sentencing or the entry of a dispositional order if:
(i) The person has an earned release date that is before their 26th birthday; and
(ii) The department of children, youth, and families determines that such placement and retention by the department of children, youth, and families is in the best interests of the person and the community.
(2) "Term of confinement" as used in subsection (1)(b) of this section means the term of confinement ordered, reduced by the total amount of earned time eligible for the offense.
(3) The department's determination under subsection (1)(a)(ii) and (b)(ii) of this section must include consideration of the person's behavior while in confinement and any disciplinary considerations.
(4) The department of children, youth, and families retains the authority to transfer the person to the custody of the department of corrections under RCW 72.01.410.
(5) A person may only be placed in community transition services under this section for the remaining 18 months of their term of confinement.
(6) A person placed in community transition services under this section must have access to appropriate treatment and programming as determined by the department of children, youth, and families, including but not limited to:
(a) Behavioral health treatment;
(b) Independent living;
(c) Employment;
(d) Education;
(e) Connections to family and natural supports; and
(f) Community connections.
(7) If the person has a sentence that includes a term of community custody, this term of community custody must begin after the current term of confinement has ended.
(8) If a person placed on community transition services under this section commits a violation requiring the return of the person to total confinement after the person's 25th birthday, the person must be transferred to the custody and supervision of the department of corrections for the remainder of the sentence.
(9) The following persons are not eligible for community transition services under this section:
(a) Persons with pending charges or warrants;
(b) Persons who will be transferred to the department of corrections, who are in the custody of the department of corrections, or who are under the supervision of the department of corrections;
(c) Persons who were adjudicated or convicted of the crime of murder in the first or second degree;
(d) Persons who meet the definition of a "persistent offender" as defined under RCW 9.94A.030;
(e) Level III sex offenders; and
(f) Persons requiring out-of-state placement.
(10) As used in this section, "community transition services" means a therapeutic and supportive community-based custody option in which:
(a) A person serves a portion of his or her term of confinement residing in the community, outside of the department of children, youth, and families institutions and community facilities;
(b) The department of children, youth, and families supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location;
(c) The department of children, youth, and families provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and
(d) The department of children, youth, and families prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race; ethnicity; sexual identity; and gender identity.
[ 2023 c 470 s 3018; 2021 c 206 s 2; 2019 c 322 s 6.]
Notes:
Contingent effective date—2023 c 470 s 3018: "Section 3018 of this act takes effect when section 2, chapter 206, Laws of 2021 takes effect." [ 2023 c 470 s 3019.]
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Contingent effective date—2021 c 206: "(1) Sections 1 through 6, 8, and 9 of this act take effect six months after the department of children, youth, and families designs and implements a risk assessment tool as defined in RCW 13.40.020 used to determine eligibility for "community transition services" as provided under RCW 13.40.205(13) and provides notice as required under subsection (2) of this section.
(2) The department of children, youth, and families must provide notice of the implementation of a risk assessment tool described under subsection (1) of this section to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department of children, youth, and families." [ 2021 c 206 s 11.] Written notice of the effective date of sections 1-6, 8, and 9, chapter 206, Laws of 2021 was provided by the department of children, youth, and families to the office of the code reviser. The start of the six-month period is November 1, 2023, making the effective date for those sections May 1, 2024.
Findings—2021 c 206: "The legislature finds that:
(1) The department of children, youth, and families seeks to expand trauma-informed, culturally relevant, racial equity-based, and developmentally appropriate therapeutic placement supports in less restrictive community settings. Under current law, these supports are limited to placement in community facilities—which are only available for about 25 percent of juvenile rehabilitation's population—and electronic home monitoring for persons serving adult sentences in the custody of the department of children, youth, and families' juvenile rehabilitation who have an earned release date between the ages of 25 and 26.
(2) To help reduce the bottleneck of youth and young adults placed in the department's juvenile rehabilitation institutions and enhance community-based, less restrictive options, this act creates a community transition services program, which utilizes electronic home monitoring as a tool embedded in a progressively supportive community-based approach with therapeutic supports for young people reentering the community. This approach considers developmentally appropriate programs for successful reentry by increasing access to community transition services, including housing assistance, behavioral health treatment, independent living, employment, education, and family and community connections." [ 2021 c 206 s 1.]
Appropriation—Rental vouchers—2021 c 206: "Subject to the availability of amounts appropriated for this specific purpose, the department of children, youth, and families may issue rental vouchers for a period not to exceed six months for those transferring to community transition services under this act if an approved address cannot be obtained without the assistance of a voucher." [ 2021 c 206 s 8.]
Findings—Intent—2019 c 322: See note following RCW 72.01.410.

catchline: Eligibility for community transition services.


title: RCW 72.01.415

text:
An offender under the age of eighteen who is convicted in adult criminal court of a crime and who is committed for a term of confinement in a jail as defined in RCW 70.48.020, must be housed in a jail cell that does not contain adult offenders, until the offender reaches the age of eighteen.
[ 1997 c 338 s 42.]
Notes:
Finding—Evaluation—Report—1997 c 338: See note following RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following RCW 5.60.060.

catchline: Offender under eighteen confined to a jail—Segregation from adult offenders.


title: RCW 72.01.430

text:
The secretary, notwithstanding any provision of law to the contrary, is hereby authorized to transfer equipment, livestock and supplies between the several institutions within the department without reimbursement to the transferring institution excepting, however, any such equipment donated by organizations for the sole use of such transferring institutions. Whenever transfers of capital items are made between institutions of the department, notice thereof shall be given to the director of the department of enterprise services accompanied by a full description of such items with inventory numbers, if any.
[ 2015 c 225 s 112; 1981 c 136 s 75; 1979 c 141 s 167; 1967 c 23 s 1; 1961 c 193 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Transfer of equipment, supplies, livestock between institutions—Notice—Conditions.


title: RCW 72.01.450

text:
The secretary is authorized to enter into agreements with any school district or any institution of higher learning for the use of the facilities, equipment and personnel of any state institution of the department, for the purpose of conducting courses of education, instruction or training in the professions and skills utilized by one or more of the institutions, at such times and under such circumstances and with such terms and conditions as may be deemed appropriate.
[ 1981 c 136 s 76; 1979 c 141 s 168; 1970 ex.s. c 50 s 2; 1967 c 46 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Use of facilities, equipment and personnel by school districts and institutions of higher learning authorized.


title: RCW 72.01.452

text:
The secretary is authorized to enter into an agreement with any agency of the state, a county, city or political subdivision of the state for the use of the facilities, equipment and personnel of any institution of the department for the purpose of conducting courses of education, instruction or training in any professional skill having a relationship to one or more of the functions or programs of the department.
[ 1979 c 141 s 169; 1970 ex.s. c 50 s 3.]

catchline: Use of facilities, equipment and personnel by state agencies, counties, cities or political subdivisions.


title: RCW 72.01.454

text:
(1) The secretary may permit the use of the facilities of any state institution by any community service organization, nonprofit corporation, group or association for the purpose of conducting a program of education, training, entertainment or other purpose, for the residents of such institutions, if determined by the secretary to be beneficial to such residents or a portion thereof.
(2) The secretary may permit the nonresidential use of the facilities of any state institution by any county, community service organization, nonprofit corporation, group or association for the purpose of conducting programs under RCW 72.06.070.
[ 1982 c 204 s 15; 1979 c 141 s 170; 1970 ex.s. c 50 s 5.]

catchline: Use of facilities by counties, community service organizations, nonprofit associations, etc.


title: RCW 72.01.458

text:
In any course of education, instruction or training conducted in any state institution of the department use may be made of selected files and records of such institution, notwithstanding the provisions of any statute to the contrary.
[ 1970 ex.s. c 50 s 4.]

catchline: Use of files and records for courses of education, instruction and training at institutions.


title: RCW 72.01.460

text:
(1) Any lease of public lands with outdoor recreation potential authorized by the department shall be open and available to the public for compatible recreational use unless the department determines that the leased land should be closed in order to prevent damage to crops or other land cover, to improvements on the land, to the lessee, or to the general public or is necessary to avoid undue interference with carrying forward a departmental program. Any lessee may file an application with the department to close the leased land to any public use. The department shall cause written notice of the impending closure to be posted in a conspicuous place in the department's Olympia office, at the principal office of the institution administering the land, and in the office of the county auditor in which the land is located thirty days prior to the public hearing. This notice shall state the parcel or parcels involved and shall indicate the time and place of the public hearing. Upon a determination by the department that posting is not necessary, the lessee shall desist from posting. Upon a determination by the department that posting is necessary, the lessee shall post his or her leased premises so as to prohibit recreational uses thereon. In the event any such lands are so posted, it shall be unlawful for any person to hunt or fish, or for any person other than the lessee or his or her immediate family to use any such posted land for recreational purposes.
(2) The department may insert the provisions of subsection (1) of this section in all leases hereafter issued.
[ 2012 c 117 s 454; 1981 c 136 s 77; 1979 c 141 s 171; 1969 ex.s. c 46 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands.


title: RCW 72.01.480

text:
The secretary is authorized to enter into agreements with any nonprofit corporation or association for the purpose of providing and coordinating voluntary and community-based services for the treatment or rehabilitation of persons admitted or committed to any institution under the supervision of the department.
[ 1981 c 136 s 78; 1979 c 141 s 172; 1970 ex.s. c 50 s 1.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Severability—1970 ex.s. c 50: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1970 ex.s. c 50 s 8.]

catchline: Agreements with nonprofit organizations to provide services for persons admitted or committed to institutions.


title: RCW 72.01.900

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 163.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 72.02.015

text:
Nothing in this chapter shall be construed to restrict or impair the power of any court or judge having jurisdiction to pronounce sentence upon a person to whom this chapter applies, to fix the term of imprisonment and to order commitment, according to law, nor to deny the right of any such court or judge to sentence to imprisonment; nor to deny the right of any such court or judge to suspend sentence or the execution of judgment thereon or to make any other disposition of the case pursuant to law.
[ 1988 c 143 s 9; 1959 c 214 s 13. Formerly RCW 72.13.130.]

catchline: Powers of court or judge not impaired.


title: RCW 72.02.040

text:
The secretary of corrections acting for the department of corrections shall exercise all powers and perform all duties prescribed by law with respect to the administration of any adult correctional program by the department of corrections.
[ 1981 c 136 s 79; 1970 ex.s. c 18 s 57; 1959 c 28 s 72.02.040. Prior: 1957 c 272 s 16. Formerly RCW 43.28.110.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.

catchline: Secretary acting for department exercises powers and duties.


title: RCW 72.02.045

text:
The superintendent of each institution has the powers, duties, and responsibilities specified in this section.
(1) Subject to the rules of the department, the superintendent is responsible for the supervision and management of the institution, the grounds and buildings, the subordinate officers and employees, and the prisoners committed, admitted, or transferred to the institution.
(2) Subject to the rules of the department and the director of the division of prisons or his or her designee and the Washington personnel resources board, the superintendent shall appoint all subordinate officers and employees.
(3) The superintendent, subject to approval by the secretary, has the authority to determine the types and amounts of property that convicted persons may possess in department facilities. This authority includes the authority to determine the types and amounts that the department will transport at the department's expense whenever a convicted person is transferred between department institutions or to other jurisdictions. Convicted persons are responsible for the costs of transporting their excess property. If a convicted person fails to pay the costs of transporting any excess property within ninety days from the date of transfer, such property shall be presumed abandoned and may be disposed of in the manner allowed by RCW 63.42.040 (1) through (3). The superintendent shall be the custodian of all funds and valuable personal property of convicted persons as may be in their possession upon admission to the institution, or which may be sent or brought in to such persons, or earned by them while in custody, or which shall be forwarded to the superintendent on behalf of convicted persons. All such funds shall be deposited in the personal account of the convicted person and the superintendent shall have authority to disburse moneys from such person's personal account for the personal and incidental needs of the convicted person as may be deemed reasonably necessary. When convicted persons are released from the custody of the department either on parole, community placement, community custody, community supervision, or discharge, all funds and valuable personal property in the possession of the superintendent belonging to such convicted persons shall be delivered to them. In no case shall the state of Washington, or any state officer, including state elected officials, employees, or volunteers, be liable for the loss of such personal property, except upon a showing that the loss was occasioned by the intentional act, gross negligence, or negligence of the officer, official, employee, or volunteer, and that the actions or omissions occurred while the person was performing, or in good faith purporting to perform, his or her official duties. Recovery of damages for loss of personal property while in the custody of the superintendent under this subsection shall be limited to the lesser of the market value of the item lost at the time of the loss, or the original purchase price of the item or, in the case of hand-made goods, the materials used in fabricating the item.
(4) The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall make, amend, and repeal rules for the administration, supervision, discipline, and security of the institution.
(5) When in the superintendent's opinion an emergency exists, the superintendent may promulgate temporary rules for the governance of the institution, which shall remain in effect until terminated by the director of the division of prisons or the secretary.
(6) The superintendent shall perform such other duties as may be prescribed.
[ 2005 c 382 s 1; 1993 c 281 s 63; 1988 c 143 s 2.]
Notes:
Effective date—2005 c 382: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 10, 2005]." [ 2005 c 382 s 2.]
Effective date—1993 c 281: See note following RCW 41.06.022.

catchline: Superintendent's authority.


title: RCW 72.02.055

text:
The superintendent, subject to the approval of the director of the division of prisons and the secretary, shall appoint such associate superintendents as shall be deemed necessary, who shall have such qualifications as shall be determined by the secretary. In the event the superintendent is absent from the institution, or during periods of illness or other situations incapacitating the superintendent from properly performing his or her duties, one of the associate superintendents of such institution as may be designated by the director of the division of prisons and the secretary shall act as superintendent.
[ 1988 c 143 s 3.]

catchline: Appointment of associate superintendents.


title: RCW 72.02.100

text:
(1) Any person serving a sentence for a term of confinement in a state correctional facility, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate sentence review board, or who is discharged from custody upon expiration of sentence, or who is ordered discharged from custody by a court of appropriate jurisdiction, shall be entitled to retain his or her earnings from labor or employment while in confinement and shall be supplied by the superintendent of the state correctional facility with suitable and presentable clothing, the sum of no less than $40 for subsistence, and transportation by the method of public transportation to the person's place of residence or the place designated in the person's reentry plan, or to the place from which committed if such person is being discharged on expiration of sentence, or discharged from custody by a court of appropriate jurisdiction: PROVIDED, That up to an additional $60 may be made available to the parolee for necessary personal and living expenses upon application to and approval by such person's community corrections officer. Public transportation provided by the department of corrections for a person unconditionally released or discharged by the department shall be limited to a location within the state, unless the person is subject to the interstate compact for adult offender supervision under RCW 9.94A.745, subject to an out-of-state warrant or detainer under chapter 9.100 RCW, subject to a demand for extradition under chapter 10.88 RCW, or subject to any other agreement between the state and another state or the state and the federal government. If in the opinion of the superintendent suitable arrangements have been made to provide the person to be released with suitable clothing and/or the expenses of transportation, the superintendent may consent to such arrangement. The superintendent reserves the right to review and make a determination whether to approve or deny any transportation expenses intended for one individual to ensure appropriate use of state funds and that the request is reasonable. If the superintendent has reasonable cause to believe that the person to be released has ample funds, with the exception of earnings from labor or employment while in confinement, to assume the expenses of clothing, transportation, or the expenses for which payments made pursuant to this section or RCW 72.02.110 or any one or more of such expenses, the person released shall be required to assume such expenses. If the department of corrections has made arrangements with a partnering nonprofit organization that will support the individual's reentry into the community, the department shall make a reasonable effort to coordinate the timing of the individual's release from the department's custody, including the timing of transportation to the person's place of residence or place from which discharged from custody.
(2)(a) The same requirements of subsection (1) of this section shall apply to any person who is serving a sentence for a term of confinement in a state correctional facility and is:
(i) Transferred to community custody under the supervision of the department of corrections pursuant to RCW 9.94A.501, or in lieu of earned release time under RCW 9.94A.729;
(ii) Transferred from a department correctional facility to partial confinement as home detention in the community as part of the graduated reentry program under RCW 9.94A.733 or the parenting program under RCW 9.94A.6551;
(iii) Transferred from a department correctional facility to partial confinement in lieu of earned early release under RCW 9.94A.729, or as part of the work release program under chapter 72.65 RCW; or
(iv) Conditionally released by the indeterminate sentence review board with conditions of community custody under the supervision of the department pursuant to RCW 9.95.011, 9.95.420, 9.94A.730, or 10.95.030.
(b) The items and arrangements to be supplied by the superintendent of the state correctional facility under this subsection must be provided at the moment of the person's transfer from total confinement to partial confinement, or transfer from total confinement to community custody.
(3)(a) The department of corrections may only provide the funds for subsistence required by subsection (1) or (2) of this section one time to any person serving a sentence for a term of confinement in a state correctional facility.
(b) Any funds for subsistence provided to a person under this section shall not be subject to any deductions required under RCW 72.09.480 or chapter 72.11 RCW.
(4)(a) The department of corrections may provide temporary housing assistance for a person being released from any state correctional facility through the use of rental vouchers, for a period not to exceed six months, if the department finds that such assistance will support the person's release into the community by preventing housing instability or homelessness. The department's authority to provide vouchers under this section is independent of its authority under RCW 9.94A.729; however, a person may not receive a combined total of rental vouchers in excess of six months for each release from a state correctional facility.
(b) The department shall establish policies for prioritizing funds available for housing vouchers under this section for persons at risk of releasing homeless or becoming homeless without assistance while taking into account risk to reoffend.
(5) By December 1, 2026, and by December 1 [1st] every year thereafter, and in compliance with RCW 43.01.036, the department shall submit a report to the governor and the legislature on:
(a) The number of individuals who were provided transportation pursuant to this section during the previous year where the cost of the transportation exceeded $100; and
(b) Where the cost of the transportation provided to an individual exceeded $100, the method of transportation used and whether the department made arrangements with a partnering nonprofit organization to coordinate the timing of the individual's release from the department's custody.
[ 2025 c 223 s 1; 2024 c 32 s 1; 2023 c 467 s 2; 2022 c 29 s 2; 2017 c 214 s 1; 2012 c 117 s 455; 1988 c 143 s 5; 1971 ex.s. c 171 s 1.]
Notes:
Housing voucher program outcome evaluation and benefit-cost analysis—Transfer of residual funds to the general fund—2022 c 29: See notes following RCW 9.94A.729.

catchline: Earnings, clothing, transportation, subsistence payments, and rental vouchers upon release of certain prisoners.


title: RCW 72.02.110

text:
As state, federal or other funds are available, the secretary of corrections or his or her designee is authorized, in his or her discretion, not to provide the forty dollars subsistence money or the optional sixty dollars to a person or persons released as described in RCW 72.02.100, and instead to utilize the authorization and procedure contained in this section relative to such person or persons.
Any person designated by the secretary serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, who is thereafter released upon an order of parole of the indeterminate sentence review board, or is discharged from custody upon expiration of sentence, or is ordered discharged from custody by a court of appropriate jurisdiction, shall receive the sum of fifty-five dollars per week for a period of up to six weeks. The initial weekly payment shall be made to such person upon his or her release or parole by the superintendent of the institution. Subsequent weekly payments shall be made to such person by the community corrections officer at the office of such officer. In addition to the initial six weekly payments provided for in this section, a community corrections officer and his or her supervisor may, at their discretion, continue such payments up to a maximum of twenty additional weeks when they are satisfied that such person is actively seeking employment and that such payments are necessary to continue the efforts of such person to gain employment: PROVIDED, That if, at the time of release or parole, in the opinion of the superintendent funds are otherwise available to such person, with the exception of earnings from labor or employment while in confinement, such weekly sums of money or part thereof shall not be provided to such person.
When a person receiving such payments provided for in this section becomes employed, he or she may continue to receive payments for two weeks after the date he or she becomes employed but payments made after he or she becomes employed shall be discontinued as of the date he or she is first paid for such employment: PROVIDED, That no person shall receive payments for a period exceeding the twenty-six week maximum as established in this section.
The secretary of corrections may annually adjust the amount of weekly payment provided for in this section to reflect changes in the cost of living and the purchasing power of the sum set for the previous year.
[ 2012 c 117 s 456; 1988 c 143 s 6; 1981 c 136 s 80; 1971 ex.s. c 171 s 2.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Weekly payments to certain released prisoners.


title: RCW 72.02.150

text:
The secretary or the secretary's designee shall be responsible for the preparation of contingency plans for dealing with disturbances at state penal facilities. The plans shall be developed or revised in cooperation with representatives of state and local agencies at least annually. Contingency plans developed shall encompass contingencies of varying levels of severity, specific contributions of personnel and material from participating agencies, and a unified chain of command. Agencies providing personnel under the plan shall provide commanders for the personnel who will be included in the unified chain of command.
[ 1982 c 49 s 1.]

catchline: Disturbances at state penal facilities—Development of contingency plans—Scope—Local participation.


title: RCW 72.02.160

text:
Whenever the secretary or the secretary's designee determines that due to a disturbance at a state penal facility within the jurisdiction of the department that the assistance of law enforcement officers in addition to department of corrections' personnel is required, the secretary may notify the Washington state patrol, the chief law enforcement officer of any nearby county and the county in which the facility is located, and the chief law enforcement officer of any municipality near the facility or in which the facility is located. These law enforcement agencies may provide such assistance as expressed in the contingency plan or plans, or as is deemed necessary by the secretary, or the secretary's designee, to restore order at the facility, consistent with the resources available to the law enforcement agencies and the law enforcement agencies' other statutory obligations. While on the grounds of a penal facility and acting under this section, all law enforcement officials shall be under the immediate control of their respective supervisors who shall be responsive to the secretary, or the secretary's designee, which designee need not be an employee of the department of corrections.
[ 1982 c 49 s 2.]
Notes:
Reimbursement for local support at prison disturbances: RCW 72.72.050, 72.72.060.

catchline: Disturbances at state penal facilities—Utilization of outside law enforcement personnel—Scope.


title: RCW 72.02.200

text:
There shall be units known as reception and classification centers which, subject to the rules and regulations of the department, shall be charged with the function of receiving and classifying all persons committed or transferred to the institution, taking into consideration age, type of crime for which committed, physical condition, behavior, attitude and prospects for reformation for the purposes of confinement and treatment of offenders convicted of offenses punishable by imprisonment, except offenders convicted of crime and sentenced to death.
[ 1988 c 143 s 7; 1959 c 214 s 11. Formerly RCW 72.13.110.]

catchline: Reception and classification units.


title: RCW 72.02.210

text:
Any offender convicted of an offense punishable by imprisonment, except an offender sentenced to death, shall, notwithstanding any inconsistent provision of law, be sentenced to imprisonment in a penal institution under the jurisdiction of the department without designating the name of such institution, and be committed to the reception units for classification, confinement and placement in such correctional facility under the supervision of the department as the secretary shall deem appropriate.
[ 1988 c 143 s 8; 1981 c 136 s 95; 1979 c 141 s 206; 1959 c 214 s 12. Formerly RCW 72.13.120.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Sentence—Commitment to reception units.


title: RCW 72.02.220

text:
The indeterminate sentence review board and other state agencies shall cooperate with the department in obtaining necessary investigative materials concerning offenders committed to the reception unit and supply the reception unit with necessary information regarding social histories and community background.
[ 1988 c 143 s 10; 1979 c 141 s 207; 1959 c 214 s 14. Formerly RCW 72.13.140.]
Notes:
Indeterminate sentences: Chapter 9.95 RCW.

catchline: Cooperation with reception units by state agencies.


title: RCW 72.02.230

text:
The division of prisons shall receive all persons convicted of a felony by the superior court and committed by the superior court to the reception units for classification and placement in such facility as the secretary shall designate. The superintendent of these institutions shall only receive prisoners for classification and study in the institution upon presentation of certified copies of a judgment, sentence, and order of commitment of the superior court and the statement of the prosecuting attorney, along with other reports as may have been made in reference to each individual prisoner.
[ 1988 c 143 s 11; 1984 c 114 s 4; 1979 c 141 s 208; 1959 c 214 s 15. Formerly RCW 72.13.150.]

catchline: Persons to be received for classification and placement.


title: RCW 72.02.240

text:
The secretary shall determine the state correctional institution in which the offender shall be confined during the term of imprisonment. The confinement of any offender shall be governed by the laws applicable to the institution to which the offender is certified for confinement, but parole and discharge shall be governed by the laws applicable to the sentence imposed by the court.
[ 1988 c 143 s 12; 1979 c 141 s 209; 1959 c 214 s 16. Formerly RCW 72.13.160.]

catchline: Secretary to determine placement—What laws govern confinement, parole and discharge.


title: RCW 72.02.250

text:
All female persons convicted in the superior courts of a felony and sentenced to a term of confinement, shall be committed to the Washington correctional institution for women. Female persons sentenced to death shall be committed to the Washington correctional institution for women, notwithstanding the provisions of *RCW 10.95.170, except that the death warrant shall provide for the execution of such death sentence at the Washington state penitentiary as provided by *RCW 10.95.160, and the secretary of corrections shall transfer to the Washington state penitentiary any female offender sentenced to death not later than seventy-two hours prior to the date fixed in the death warrant for the execution of the death sentence. The provisions of this section shall not become effective until the secretary of corrections certifies to the chief justice of the supreme court, the chief judge of each division of the court of appeals, the superior courts and the prosecuting attorney of each county that the facilities and personnel for the implementation of commitments are ready to receive persons committed to the Washington correctional institution for women under the provisions of this section.
[ 1983 c 3 s 185; 1981 c 136 s 97; 1971 c 81 s 134; 1967 ex.s. c 122 s 8. Formerly RCW 72.15.060.]
Notes:
*Reviser's note: RCW 10.95.170 and 10.95.160 were repealed by 2023 c 102 s 21.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Commitment of convicted female persons—Procedure as to death sentences.


title: RCW 72.02.260

text:
Whenever the superintendent of an institution withholds from mailing letters written by inmates of such institution, the superintendent shall forward such letters to the secretary of corrections or the secretary's designee for study and the inmate shall be forthwith notified that such letter has been withheld from mailing and the reason for so doing. Letters forwarded to the secretary for study shall either be mailed within seven days to the addressee or, if deemed objectionable by the secretary, retained in a separate file for two years and then destroyed.
[ 1988 c 143 s 13; 1981 c 136 s 87; 1979 c 141 s 192; 1959 c 28 s 72.08.380. Prior: 1957 c 61 s 1. Formerly RCW 72.08.380.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Letters of inmates may be withheld.


title: RCW 72.02.270

text:
The department shall advise all inmates in the department's custody who were convicted of a murder that the inmate committed prior to July 23, 1989, about the provisions in RCW 9.95.045, 9.95.047, and 9.94A.890. The department shall advise the inmates of the method and deadline for submitting petitions to the indeterminate sentence review board for review of the inmate's sentence. The department shall issue the notice to the inmates no later than July 1, 1993.
[ 1993 c 144 s 6.]
Notes:
Effective date—1993 c 144: See note following RCW 9.95.045.

catchline: Abused victims—Murder of abuser—Notice of provisions for reduction in sentence.


title: RCW 72.02.280

text:
Motion pictures unrated after November 1968 or rated X or NC-17 by the motion picture association of America shall not be shown in adult correctional facilities.
[ 1994 sp.s. c 7 s 808.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Motion pictures.


title: RCW 72.04A.050

text:
The powers and duties of the state *board of prison terms and paroles, relating to (1) the supervision of parolees of any of the state penal institutions, (2) the supervision of persons placed on probation by the courts, and (3) duties with respect to persons conditionally pardoned by the governor, are transferred to the secretary of corrections.
This section shall not be construed as affecting any of the remaining powers and duties of the *board of prison terms and paroles including, but not limited to, the following:
(1) The fixing of minimum terms of confinement of convicted persons, or the reconsideration of its determination of minimum terms of confinement;
(2) Determining when and under what conditions a convicted person may be released from custody on parole, and the revocation or suspension of parole or the modification or revision of the conditions of the parole, of any convicted person.
[ 1981 c 136 s 81; 1979 c 141 s 173; 1967 c 134 s 7.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Transfer of certain powers and duties of board of prison terms and paroles to secretary of corrections.


title: RCW 72.04A.070

text:
The secretary of corrections shall cause to be prepared plans and recommendations for the conditions of supervision under which each inmate of any state penal institutions who is eligible for parole may be released from custody. Such plans and recommendations shall be submitted to the *board of prison terms and paroles which may, at its discretion, approve, reject, or revise or amend such plans and recommendations for the conditions of supervision of release of inmates on parole, and, in addition, the board may stipulate any special conditions of supervision to be carried out by a probation and parole officer.
[ 1981 c 136 s 82; 1979 c 141 s 174; 1967 c 134 s 9.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Plans and recommendations for conditions of supervision of parolees.


title: RCW 72.04A.080

text:
Each inmate hereafter released on parole shall be subject to the supervision of the department of corrections, and the probation and parole officers of the department shall be charged with the preparation of progress reports of parolees and to give guidance and supervision to such parolees within the conditions of a parolee's release from custody. Copies of all progress reports prepared by the probation and parole officers shall be supplied to the *board of prison terms and paroles for their files and records.
[ 1981 c 136 s 83; 1979 c 141 s 175; 1967 c 134 s 10.]
Notes:
*Reviser's note: The "board of prison terms and paroles" was redesignated the "indeterminate sentence review board" by 1986 c 224, effective July 1, 1986.
Effective date—1981 c 136: See RCW 72.09.900.

catchline: Parolees subject to supervision of department—Progress reports.


title: RCW 72.04A.090

text:
Whenever a parolee breaches a condition or conditions under which he or she was granted parole, or violates any law of the state or rules and regulations of the indeterminate sentencing [sentence] review board, any probation and parole officer may arrest, or cause the arrest and suspension of parole of, such parolee without a warrant, pending a determination by the board. The facts and circumstances of such conduct of the parolee shall be reported by the probation and parole officer, with recommendations, to the indeterminate sentence review board, who may order the revocation or suspension of parole, revise or modify the conditions of parole or take such other action as may be deemed appropriate in accordance with RCW 9.95.120. The indeterminate sentence review board, after consultation with the secretary of corrections, shall make all rules and regulations concerning procedural matters, which shall include the time when state probation and parole officers shall file with the board reports required by this section, procedures pertaining thereto and the filing of such information as may be necessary to enable the indeterminate sentence review board to perform its functions under this section.
The probation and parole officers shall have like authority and power regarding the arrest and detention of a probationer who has breached a condition or conditions under which he or she was granted probation by the superior court, or violates any law of the state, pending a determination by the superior court.
In the event a probation and parole officer shall arrest or cause the arrest and suspension of parole of a parolee or probationer in accordance with the provisions of this section, such parolee or probationer shall be confined and detained in the county jail of the county in which the parolee or probationer was taken into custody, and the sheriff of such county shall receive and keep in the county jail, where room is available, all prisoners delivered thereto by the probation and parole officer, and such parolees shall not be released from custody on bail or personal recognizance, except upon approval of the indeterminate sentence review board and the issuance by the board of an order of reinstatement on parole on the same or modified conditions of parole.
[ 2012 c 117 s 457; 1981 c 136 s 84; 1979 c 141 s 176; 1969 c 98 s 1; 1967 c 134 s 11.]
Notes:
Effective date—1981 c 136: See RCW 72.09.900.
Severability—Effective date—1969 c 98: See notes following RCW 9.95.120.
Suspension, revision of parole, retaking violators, community corrections officers, etc.: RCW 9.95.120.

catchline: Violations of parole or probation—Revision of parole conditions—Detention.


title: RCW 72.04A.900

text:
The following sections of law do not apply to any felony offense committed on or after July 1, 1984: RCW 72.04A.050, 72.04A.070, 72.04A.080, and 72.04A.090.
[ 1981 c 137 s 34.]
Notes:

catchline: RCW 72.04A.050 through 72.04A.090 inapplicable to felonies committed after July 1, 1984.


title: RCW 72.05.010

text:
(1) The purposes of RCW 72.05.010 through 72.05.210 are: To provide for every child with behavior problems, persons with disabilities, and hearing and visually impaired children, within the purview of RCW 72.05.010 through 72.05.210, as now or hereafter amended, such care, guidance and instruction, control and treatment as will best serve the welfare of the child or person and society; to insure nonpolitical and qualified operation, supervision, management, and control of the Green Hill school, the Naselle Youth Camp, Echo Glen, Lakeland Village, Rainier school, the Yakima Valley school, Fircrest school, the Child Study and Treatment Center and Secondary School of western state hospital, and like residential state schools, camps, and centers hereafter established; and to provide for the persons committed or admitted to those schools that type of care, instruction, and treatment most likely to accomplish their rehabilitation and restoration to normal citizenship.
(2) To further such purposes, Green Hill School, Echo Glen, Naselle Youth Camp, and such other juvenile rehabilitation facilities, as may hereafter be established, are placed under the department of children, youth, and families; Lakeland Village, Rainier school, the Yakima Valley school, Fircrest school, the Child Study and Treatment Center and Secondary School of western state hospital, and like residential state schools, camps, and centers, hereafter established, are placed under the department of social and health services.
[ 2020 c 274 s 54; 2017 3rd sp.s. c 6 s 701; 1985 c 378 s 9; 1980 c 167 s 7; 1979 ex.s. c 217 s 7; 1979 c 141 s 177; 1959 c 28 s 72.05.010. Prior: 1951 c 234 s 1.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1979 ex.s. c 217: See note following RCW 28A.190.030.

catchline: Declaration of purpose.


title: RCW 72.05.020

text:
As used in this chapter, unless the context requires otherwise:
(1) "Community facility" means a group care facility operated for the care of juveniles committed to the department under RCW 13.40.185. A county detention facility that houses juveniles committed to the department under RCW 13.40.185 pursuant to a contract with the department is not a community facility.
(2) "Department" means the department of children, youth, and families.
(3) "Juvenile" means a person under the age of twenty-one who has been sentenced to a term of confinement under the supervision of the department under RCW 13.40.185.
(4) "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix.
(5) "Physical restraint" means the use of any bodily force or physical intervention to control an offender or limit a juvenile offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:
(a) Prevent a juvenile offender from completing an act that would result in potential bodily harm to self or others or damage property;
(b) Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or
(c) Guide a juvenile offender from one location to another.
(6) "Postpartum recovery" means (a) the entire period a youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the youth leaves the hospital, birthing center, or clinic.
(7) "Restraints" means anything used to control the movement of a person's body or limbs and includes:
(a) Physical restraint; or
(b) Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons.
(8) "Secretary" means the secretary of the department.
(9) "Service provider" means the entity that operates a community facility.
(10) "Transportation" means the conveying, by any means, of an incarcerated pregnant woman or youth from the institution or community facility to another location from the moment she leaves the institution or community facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated woman or youth from the institution or community facility to a transport vehicle and from the vehicle to the other location.
[ 2017 3rd sp.s. c 6 s 702; 2010 c 181 s 7; 1998 c 269 s 2; 1979 c 141 s 178; 1970 ex.s. c 18 s 58; 1959 c 28 s 72.05.020. Prior: 1951 c 234 s 2. Formerly RCW 43.19.260.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—Finding—1998 c 269: "It is the intent of the legislature to:
(1) Enhance public safety and maximize the rehabilitative potential of juvenile offenders through modifications to licensed community residential placements for juveniles;
(2) Ensure community support for community facilities by enabling community participation in decisions involving these facilities and assuring the safety of communities in which community facilities for juvenile offenders are located; and
(3) Improve public safety by strengthening the safeguards in placement, oversight, and monitoring of the juvenile offenders placed in the community, and by establishing minimum standards for operation of licensed residential community facilities. The legislature finds that community support and participation is vital to the success of community programming." [ 1998 c 269 s 1.]
Effective date—1998 c 269: "This act takes effect September 1, 1998." [ 1998 c 269 s 19.]
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.

catchline: Definitions.


title: RCW 72.05.130

text:
The department of social and health services and the department of children, youth, and families shall establish, maintain, operate and administer a comprehensive program for the custody, care, education, treatment, instruction, guidance, control, and rehabilitation of all persons who may be committed or admitted to institutions, schools, or other facilities, placed under the control of each, except for the programs of education provided pursuant to RCW 28A.190.030 through 28A.190.050 which shall be established, operated, and administered by the school district conducting the program, and in order to accomplish these purposes, the powers and duties of the secretary of the department of social and health services and the secretary of the department of children, youth, and families for the institutions placed under the respective department shall include the following:
(1) The assembling, analyzing, tabulating, and reproduction in report form, of statistics and other data with respect to children with behavior problems in the state of Washington, including, but not limited to, the extent, kind, and causes of such behavior problems in the different areas and population centers of the state. Such reports shall not be open to public inspection, but shall be open to the inspection of the governor and to the superior court judges of the state of Washington.
(2) The establishment and supervision of diagnostic facilities and services in connection with the custody, care, and treatment of persons with disabilities, and behavior problem children who may be committed or admitted to any of the institutions, schools, or facilities controlled and operated by the department, or who may be referred for such diagnosis and treatment by any superior court of this state. Such diagnostic services may be established in connection with, or apart from, any other state institution under the supervision and direction of the secretary of the department of social and health services or the secretary of the department of children, youth, and families. Such diagnostic services shall be available to the superior courts of the state for persons referred for such services by them prior to commitment, or admission to, any school, institution, or other facility. Such diagnostic services shall also be available to other departments of the state. When the secretary of the department of social and health services or the secretary of the department of children, youth, and families determines it necessary, the secretary of the department of social and health services or the secretary of the department of children, youth, and families may create waiting lists and set priorities for use of diagnostic services for juvenile offenders on the basis of those most severely in need.
(3) The supervision of all persons committed or admitted to any institution, school, or other facility operated by the department of social and health services or the department of children, youth, and families, and the transfer of such persons from any such institution, school, or facility to any other such school, institution, or facility: PROVIDED, That where a person has been committed to a minimum security institution, school, or facility by any of the superior courts of this state, a transfer to a close security institution shall be made only with the consent and approval of such court.
(4) The supervision of parole, discharge, or other release, and the post-institutional placement of all persons committed to Green Hill school, or such as may be assigned, paroled, or transferred therefrom to other facilities operated by the department. Green Hill school is hereby designated as a "close security" institution to which shall be given the custody of children with the most serious behavior problems.
[ 2020 c 274 s 55; 2017 3rd sp.s. c 6 s 703; 1990 c 33 s 592; 1985 c 378 s 10; 1983 c 191 s 12; 1979 ex.s. c 217 s 8; 1979 c 141 s 179; 1959 c 28 s 72.05.130. Prior: 1951 c 234 s 13. Formerly RCW 43.19.370.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—Effective date—1985 c 378: See notes following RCW 72.01.050.
Effective date—1979 ex.s. c 217: See note following RCW 28A.190.030.

catchline: Powers and duties of department—"Close security" institutions designated.


title: RCW 72.05.150

text:
The department shall have power to acquire, establish, maintain, and operate "minimum security" facilities for the care, custody, education, and treatment of children with less serious behavior problems. Such facilities may include parental schools or homes, farm units, and forest camps. Admission to such minimum security facilities shall be by juvenile court commitment or by transfer as herein otherwise provided. In carrying out the purposes of this section, the department may establish or acquire the use of such facilities by gift, purchase, lease, contract, or other arrangement with existing public entities, and to that end the secretary may execute necessary leases, contracts, or other agreements. In establishing forest camps, the department may contract with other divisions of the state and the federal government; including, but not limited to, the department of natural resources, the state parks and recreation commission, the U.S. forest service, and the national park service, on a basis whereby such camps may be made as nearly as possible self-sustaining. Under any such arrangement the contracting agency shall reimburse the department for the value of services which may be rendered by the inmates of a camp.
[ 1979 ex.s. c 67 s 6; 1979 c 141 s 181; 1959 c 28 s 72.05.150. Prior: 1951 c 234 s 15. Formerly RCW 43.19.390.]
Notes:
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.

catchline: "Minimum security" institutions.


title: RCW 72.05.152

text:
No inmate of a juvenile forest camp who is affected by this chapter or receives benefits pursuant to RCW 72.05.152 and 72.05.154 shall be considered as an employee or to be employed by the state or the department of social and health services or the department of natural resources, nor shall any such inmate, except those provided for in RCW 72.05.154, come within any of the provisions of the workers' compensation act, or be entitled to any benefits thereunder, whether on behalf of himself or herself or any other person. All moneys paid to inmates shall be considered a gratuity.
[ 2012 c 117 s 459; 1987 c 185 s 37; 1973 c 68 s 1.]
Notes:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Effective date—1973 c 68: "This 1973 act shall take effect on July 1, 1973." [ 1973 c 68 s 3.]

catchline: Juvenile forest camps—Industrial insurance benefits prohibited—Exceptions.


title: RCW 72.05.154

text:
From and after July 1, 1973, any inmate working in a juvenile forest camp established and operated pursuant to RCW 72.05.150, pursuant to an agreement between the department of children, youth, and families and the department of natural resources shall be eligible for the benefits provided by Title 51 RCW, as now or hereafter amended, relating to industrial insurance, with the exceptions provided by this section.
No inmate as described in RCW 72.05.152, until released upon an order of parole by the department of children, youth, and families, or discharged from custody upon expiration of sentence, or discharged from custody by order of a court of appropriate jurisdiction, or his or her dependents or beneficiaries, shall be entitled to any payment for temporary disability or permanent total disability as provided for in RCW 51.32.090 or 51.32.060 respectively, as now or hereafter amended, or to the benefits of chapter 51.36 RCW relating to medical aid: PROVIDED, That RCW 72.05.152 and this section shall not affect the eligibility, payment or distribution of benefits for any industrial injury to the inmate which occurred prior to his or her existing commitment to the department of children, youth, and families.
Any and all premiums or assessments as may arise under this section pursuant to the provisions of Title 51 RCW shall be the obligation of and be paid by the state department of natural resources.
[ 2017 3rd sp.s. c 6 s 704; 2012 c 117 s 460; 1973 c 68 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—1973 c 68: See note following RCW 72.05.152.

catchline: Juvenile forest camps—Industrial insurance—Eligibility for benefits—Exceptions.


title: RCW 72.05.160

text:
In carrying out the provisions of RCW 72.05.010 through 72.05.210, the department shall have power to contract with other divisions or departments of the state or its political subdivisions, with any agency of the federal government, or with any private social agency.
[ 1979 c 141 s 182; 1959 c 28 s 72.05.160. Prior: 1951 c 234 s 16. Formerly RCW 43.19.400.]

catchline: Contracts with other divisions, agencies authorized.


title: RCW 72.05.170

text:
The department may provide professional counseling services to delinquent children and their parents, consultative services to communities dealing with problems of children and youth, and may give assistance to law enforcement agencies by means of juvenile control officers who may be selected from the field of police work.
[ 1977 ex.s. c 80 s 45; 1959 c 28 s 72.05.170. Prior: 1955 c 240 s 1. Formerly RCW 43.19.405.]
Notes:
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.

catchline: Counseling and consultative services.


title: RCW 72.05.200

text:
Nothing in RCW 72.05.010 through 72.05.210 shall be construed as limiting the right of a parent, guardian or person standing in loco parentis in providing any medical or other remedial treatment recognized or permitted under the laws of this state.
[ 1959 c 28 s 72.05.200. Prior: 1951 c 234 s 19. Formerly RCW 43.19.410.]

catchline: Parental right to provide treatment preserved.


title: RCW 72.05.210

text:
RCW 72.05.010 through 72.05.210 shall be construed in connection with and supplemental to the juvenile court law as embraced in chapter 13.04 RCW. Process, procedure, probation by the court prior to commitment, and commitment shall be as provided therein. The terms "delinquency", "delinquent" and "delinquent children" as used and applied in the juvenile court law and the terms "behavior problems" and "children with behavior problems" as used in RCW 72.05.010 through 72.05.210 are synonymous and interchangeable.
[ 1959 c 28 s 72.05.210. Prior: 1951 c 234 s 20. Formerly RCW 43.19.420.]

catchline: Juvenile court law—Applicability—Synonymous terms.


title: RCW 72.05.310

text:
The department may employ personnel, including but not limited to, superintendents and all other officers, agents, and teachers necessary to the operation of parental schools.
[ 1979 c 141 s 184; 1959 c 28 s 72.05.310. Prior: 1957 c 297 s 3. Formerly RCW 43.28.170.]

catchline: Parental schools—Personnel.


title: RCW 72.05.400

text:
(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the community facility may be operated only after the public notification and opportunities for review and comment as required by this section.
(2) The secretary shall establish a process for early and continuous public participation in establishing or relocating community facilities. The process shall include, at a minimum, public meetings in the local communities affected, as well as opportunities for written and oral comments, in the following manner:
(a) If there are more than three sites initially selected as potential locations and the selection process by the secretary or a service provider reduces the number of possible sites for a community facility to no fewer than three, the secretary or the chief operating officer of the service provider shall notify the public of the possible siting and hold at least two public hearings in each community where a community facility may be sited.
(b) When the secretary or service provider has determined the community facility's location, the secretary or the chief operating officer of the service provider shall hold at least one additional public hearing in the community where the community facility will be sited.
(c) When the secretary has entered negotiations with a service provider and only one site is under consideration, then at least two public hearings shall be held.
(d) To provide adequate notice of, and opportunity for interested persons to comment on, a proposed location, the secretary or the chief operating officer of the service provider shall provide at least fourteen days' advance notice of the meeting to all newspapers of general circulation in the community, all radio and television stations generally available to persons in the community, any school district in which the community facility would be sited or whose boundary is within two miles of a proposed community facility, any library district in which the community facility would be sited, local business or fraternal organizations that request notification from the secretary or agency, and any person or property owner within a one-half mile radius of the proposed community facility. Before initiating this process, the department shall contact local government planning agencies in the communities containing the proposed community facility. The department shall coordinate with local government agencies to ensure that opportunities are provided for effective citizen input and to reduce the duplication of notice and meetings.
(3) The secretary shall not issue a license to any service provider until the service provider submits proof that the requirements of this section have been met.
(4) This section shall apply only to community facilities sited after September 1, 1998.
[ 1998 c 269 s 5.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Operation of community facility—Establishing or relocating—Public participation required—Secretary's duties.


title: RCW 72.05.405

text:
The department shall adopt an infraction policy for juveniles placed in community facilities. The policy shall require written documentation by the department and service providers of all infractions and violations by juveniles of conditions set by the department. Any juvenile who commits a serious infraction or a serious violation of conditions set by the department must be returned to an institution. The secretary shall not return a juvenile to a community facility until a new risk assessment has been completed and the secretary reasonably believes that the juvenile can adhere to the conditions set by the department. The department must define the terms "serious infraction" and "serious violation" in rule, which must include the commission of any criminal offense excluding unlawful use or possession of a controlled substance or use or possession of an alcoholic beverage. The department shall adopt and implement rules based on empirically validated best practices to appropriately address offenses involving unlawful use or possession of a controlled substance and unlawful use or possession of alcohol committed by individuals placed in juvenile community facilities.
[ 2019 c 468 s 2; 1998 c 269 s 6.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Juveniles in community facility—Infraction policy—Return to institution upon serious violation—Definitions by rule.


title: RCW 72.05.410

text:
(1) The department shall publish and operate a staffed, toll-free twenty-four-hour hotline for the purpose of receiving reports of violation of conditions set for juveniles who are placed in community facilities.
(2) The department shall include the phone number on all documents distributed to the juvenile and the juvenile's employer, school, parents, and treatment providers.
(3) The department shall include the phone number in every contract it executes with any service provider after September 1, 1998.
[ 1998 c 269 s 8.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Violations by juveniles in community facility—Toll-free hotline for reporting.


title: RCW 72.05.415

text:
(1) The secretary shall develop a process with local governments that allows each community to establish a community placement oversight committee. The department may conduct community awareness activities. The community placement oversight committees developed pursuant to this section shall be implemented no later than September 1, 1999.
(2) The community placement oversight committees may review and make recommendations regarding the placement of any juvenile who the secretary proposes to place in the community facility.
(3) The community placement oversight committees, their members, and any agency represented by a member shall not be liable in any cause of action as a result of its decision in regard to a proposed placement of a juvenile unless the committee acts with gross negligence or bad faith in making a placement decision.
(4) Members of the committee shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) Except as provided in RCW 13.40.215, at least seventy-two hours prior to placing a juvenile in a community facility the secretary shall provide to the chief law enforcement officer of the jurisdiction in which the community facility is sited: (a) The name of the juvenile; (b) the juvenile's criminal history; and (c) such other relevant and disclosable information as the law enforcement officer may require.
[ 2017 3rd sp.s. c 6 s 705; 1998 c 269 s 9.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Establishing community placement oversight committees—Review and recommendations—Liability—Travel expenses—Notice to law enforcement of placement decisions.


title: RCW 72.05.420

text:
(1) The department shall not initially place an offender in a community facility unless:
(a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety; and
(b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.
The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.
(2) No juvenile offender may be placed in a community facility until the juvenile's student records and information have been received and the department has reviewed them in conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.
(3) A juvenile offender shall not be placed in a community facility until the department's risk assessment and security classification is complete and local law enforcement has been properly notified.
[ 1998 c 269 s 10.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Placement in community facility—Necessary conditions and actions—Department's duties.


title: RCW 72.05.425

text:
(1) The department shall establish by rule, in consultation with the office of the superintendent of public instruction, those student records and information necessary to conduct a risk assessment, make a security classification, and ensure proper placement. Those records shall include at least:
(a) Any history of placement in special education programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent, aggressive, or disruptive behavior, or gang membership, or behavior listed in RCW 13.04.155;
(d) Any use of weapons that is illegal or in violation of school policy;
(e) Any history of truancy;
(f) Any drug or alcohol abuse;
(g) Any health conditions affecting the juvenile's placement needs; and
(h) Any other relevant information.
(2) For purposes of this section "gang" has the meaning defined in RCW 28A.225.225.
[ 1998 c 269 s 13.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Student records and information—Necessary for risk assessment, security classification, and proper placement—Rules.


title: RCW 72.05.430

text:
(1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.
(2) The secretary shall require that any juvenile placed in a community facility and who is employed or assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment. The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required under RCW 72.05.410;
(d) The name and work telephone number of all persons responsible for the supervision of the juvenile;
(e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;
(f) A prohibition on personal telephone calls except to the community facility;
(g) A prohibition on receiving compensation in any form other than a negotiable instrument;
(h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;
(i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;
(j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;
(k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and
(l) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.
(3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or private school be subject to monitoring for compliance with requirements for attendance at his or her school. The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile. The requirements shall include, at a minimum, the following:
(a) Acknowledgment of the juvenile's offender status;
(b) The name, address, and telephone number of the community facility at which the juvenile resides;
(c) The twenty-four-hour telephone number required under RCW 72.05.410;
(d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;
(e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;
(f) A prohibition on personal telephone calls except to the community facility;
(g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;
(h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;
(i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;
(j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and
(k) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.
(4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or private school:
(a) Program staff members shall make and document periodic and random accountability checks while the juvenile is at the school or work facility;
(b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.
(5) The department shall maintain a copy of all agreements executed under this section. The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party. The service provider shall maintain a copy of every agreement it executes under this section.
[ 1998 c 269 s 14.]
Notes:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Placement and supervision of juveniles in community facility—Monitoring requirements—Copies of agreements.


title: RCW 72.05.435

text:
(1) The department shall establish by rule a policy for the common use of residential group homes for juvenile offenders under the jurisdiction of the department.
(2) A juvenile confined under the jurisdiction of the department who is convicted of a class A felony is not eligible for placement in a community facility operated by the department that houses juveniles under the department's care pursuant to a dependency proceeding under chapter 13.34 RCW unless:
(a) The juvenile is housed in a separate living unit solely for juvenile offenders;
(b) The community facility is a specialized treatment program and the youth is not assessed as sexually aggressive under RCW 13.40.470; or
(c) The community facility is a specialized treatment program that houses one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.
[ 2017 3rd sp.s. c 6 s 706; (2018 c 58 s 52 expired July 1, 2019); 1998 c 269 s 15.]
Notes:
Expiration date—2018 c 58 s 52: "Section 52 of this act expires July 1, 2019." [ 2018 c 58 s 53.]
Effective date—2018 c 58: See note following RCW 28A.655.080.
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Common use of residential group homes for juvenile offenders—Placement of juvenile convicted of a class A felony.


title: RCW 72.05.440

text:
(1) A person shall not be eligible for an employed or volunteer position within the department of children, youth, and families or any agency with which it contracts in which the person may have regular access to juveniles under the jurisdiction of the department of children, youth, and families or the department of corrections if the person has been convicted of one or more of the following:
(a) Any felony sex offense;
(b) Any violent offense, as defined in RCW 9.94A.030.
(2) Subsection (1) of this section applies only to persons hired by the department or any of its contracting agencies after September 1, 1998.
(3) Any person employed by the department of children, youth, and families, or by any contracting agency, who may have regular access to juveniles under the jurisdiction of the department of children, youth, and families or the department of corrections and who is convicted of an offense set forth in this section after September 1, 1998, shall report the conviction to his or her supervisor. The report must be made within seven days of conviction. Failure to report within seven days of conviction constitutes misconduct under Title 50 RCW.
(4) For purposes of this section "may have regular access to juveniles" means access for more than a nominal amount of time.
(5) The department shall adopt rules to implement this section.
[ 2017 3rd sp.s. c 6 s 707; 1998 c 269 s 16.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 601-631, 701-728, and 804: See note following RCW 13.04.011.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.

catchline: Eligibility for employment or volunteer position with juveniles—Must report convictions—Rules.