Current through Register Vol. 24-24, December 15, 2024
(1) Serious violations by a juvenile include:
(a) Escape or attempted escape;
(b) Violence toward others with intent to
harm and/or resulting in significant bodily injury;
(c) Involvement in or conviction of a
criminal offense under investigation by law enforcement or awaiting
adjudication for behavior that occurred during current placement;
(d) Extortion or blackmail that threatens the
safety or security of the facility or community;
(e) Setting or causing an unauthorized fire
with intent to harm self, others, or property, or with reckless disregard for
the safety of others;
(f)
Possession or manufacture of weapons or explosives, or tools intended to assist
in escape;
(g) Interfering with
staff or service providers in performing duties relating to the security,
safety, or both, of the facility or community;
(h) Intentional property damage in excess of
one thousand five hundred dollars;
(i) Rioting or inciting others to
riot;
(j) Refusal of urinalysis or
search; or
(k) Other behaviors
which threaten the safety or security of the facility, its staff, or residents
or the community.
(2)
Other violations by a juvenile placed in a community facility or residential
treatment and care program include:
(a)
Unaccounted for time when a juvenile is away from the community facility or
residential treatment and care program;
(b) Violation of conditions of authorized
leave;
(c) Intimidation or coercion
against any person;
(d) Misuse of
medication such as hoarding medication or taking another person's
medication;
(e) Self-mutilation,
self tattooing, body piercing, or assisting others to do the same;
(f) Intentional destruction of property
valued at less than fifteen hundred dollars;
(h) Unauthorized withdrawal of funds with
intent to commit other violations;
(i) Suspensions or expulsions from school or
work;
(j) Violations of school,
employment or volunteer work agreements related to custody and security
concerns;
(l) Sexual contact or any
other behavior, not defined as a serious violation, resulting in a referral to
child protective services or law enforcement;
(m) Lewd or disruptive behavior in the
community; or
(n) Possession, use,
or distribution of drugs or alcohol, or use of inhalants.
(3) Juveniles must be held accountable when
there is reasonable cause to believe they have committed a violation.
(a) Whenever a juvenile placed in a community
facility or residential treatment and care program commits a serious violation,
the juvenile must be returned to an institution. The JRA program administrator
who receives a service provider report of a serious violation must make
arrangements to transfer the juvenile to an institution as soon as possible.
Juveniles may be placed in a secure JRA or contracted facility pending
transportation to an institution.
(b) Sanctions for serious violations
committed by juveniles in an institution, and additional sanctions for serious
violations committed by juveniles returned to an institution, must include one
or more of the following:
(i) Loss of
privileges for up to thirty days;
(ii) Loss of program level; or
(iii) Room confinement up to seventy-two
hours.
(c) Sanctions for
serious violations may also include, but are not limited to, one or more of the
following:
(i) Change in release
date;
(ii) Referral for
prosecution;
(iii) Transfer to an
intensive management unit;
(iv)
Increase in security classification;
(v) Reprimand and loss of points;
(d) Sanctions for violations listed in WAC
388-730-0070(2)
may include transfer to a higher security facility and must include one or more
of the following:
(ii) Loss of program
level;
(iii) Room confinement up to
seventy-two hours;
(iv) Change in
release date;
(vii) Additional
restitution; or
(viii) Community
service.
(e) Sanctions
for possession, use, or distribution of drugs or alcohol, or use of inhalants
may include any listed in (d) of this subsection and the following:
(i) Review substance use screening
tool;
(ii) Review current substance
use assessment or refer for a new assessment; and
(iii) Consultation for appropriate level of
intervention, treatment, and community safety.
(4) When a sanction is imposed, the juvenile
must also receive a counseling intervention to address the violation.
(5) If the proposed sanctions for any
violation includes extending the juvenile's established release date, the
juvenile must be entitled to:
(a) A notice of
an administrative review to consider extension of the release date and a
written statement of the incident;
(b) An opportunity to be heard before a
neutral review chairperson;
(c)
Present oral or written statements, and call witnesses unless testimony of a
witness would be irrelevant, repetitive, unnecessary, or would disrupt the
orderly administration of the facility;
(d) Imposition of the sanction only if the
administrative review chairperson finds by a preponderance of the evidence that
the serious violation did occur; and
(e) A written decision, stating the reasons
for the decision, by the administrative review chairperson.
(6) Each superintendent, regional
administrator and service provider must clearly post, or make readily
available, the list of serious violations and possible sanctions in all living
units.
(7) Each program
administrator must adopt procedures for implementing the requirements of this
section.
Statutory Authority:
RCW
13.40.460 and
72.05.150. WSR 03-03-070, §
388-730-0070, filed 1/15/03,
effective 2/15/03. Statutory Authority: Chapter 72.05 RCW. WSR 00-22-019,
amended and recodified as §
388-730-0070, filed 10/20/00,
effective 11/20/00. Statutory Authority:
RCW
72.05.400, [72.05.]405, [72.05.]410,
[72.05.]415, [72.05.]425, [72.05.]430, [72.05.]435, [72.05.]440, 74.15.210,
13.40.460 and [13.40.]480. WSR 98-18-056, § 275-46-070, filed 8/31/98,
effective 9/1/98. Statutory Authority:
RCW
13.40.460. WSR 96-18-041, § 275-46-070,
filed 8/29/96, effective 9/29/96.