Current through Register Vol. 24-18, September 15, 2024
(1) The juvenile parole officer:
(a) Must initiate a parole revocation
petition if the juvenile parole officer has reason to believe the juvenile
parolee possessed a firearm or used a deadly weapon during the parole period;
or
(b) May initiate a parole
revocation petition if the juvenile parole officer has reason to believe the
juvenile parolee has violated a condition of parole, other than possession of a
firearm or use of a deadly weapon. Criteria in WAC
388-740-0070(2), (3), (4) and
(5) are assessed by the juvenile parole
officer to determine the type of revocation and duration of confinement for
which to petition.
(2)
The petition, on department forms, must include:
(a) A statement of the nature of the
violation and the date it occurred;
(b) The relief requested by the juvenile
parole officer as a result of the violation;
(c) Notice of the juvenile parolee's right to
be represented by an attorney, either one of his/her own choosing or one
appointed at public expense;
(d) A
parole revocation hearing waiver agreement;
(e) The dated signature of the regional
administrator or designee; and
(f)
If the parole revocation hearing is not waived, notice of the time, date, and
location of the parole revocation hearing and notice that failure to appear may
result in default.
(3) An
initial copy of the petition that includes the information described in
subsection (2)(a) through (e) must:
(a) Be
provided to the juvenile parolee or the juvenile parolee's attorney;
and
(b) Be provided to the juvenile
parolee's parent/guardian, if reasonably possible, and in accordance with laws
and rules governing the release of confidential information. The juvenile
parole officer must document the date and time he/she provided the initial copy
of the petition to the juvenile parolee or the juvenile parolee's
attorney.
(4) A juvenile
parolee, only through an attorney, may waive the right to a parole revocation
hearing and agree to the parole revocation and agreed upon relief. The decision
to waive must be documented with dated signatures on the original
petition.
(5) If the juvenile
parolee through his/her attorney does not waive the right to a hearing, the
parole revocation petition must be filed with the local office of the state
office of administrative hearings within seventy-two hours (excluding
Saturdays, Sundays, and holidays) of:
(a) The
juvenile parolee being placed in detention for an alleged violation of parole
conditions; or
(b) The juvenile
parolee or his/her attorney being provided with a copy of the petition under
subsection (3) of this section if the juvenile parolee is not
detained.
(6) The filed
petition must include notice that failure to appear may result in default, and
the time, date, and location of the parole revocation hearing, as determined by
the state office of administrative hearings. A copy of the filed petition must:
(a) Be served either personally or by
certified mail, return receipt requested, on the juvenile parolee or the
juvenile parolee's attorney; and
(b) Be provided to the juvenile parolee's
parent/guardian, if reasonably possible, and in accordance with laws and rules
governing the release of confidential information.
Statutory Authority:
RCW
13.40.210(4)(b). WSR
08-21-038, §
388-740-0040, filed 10/8/08,
effective 11/8/08. Statutory Authority:
RCW
13.40.020,
13.24.010. WSR 00-17-046,
recodified as §
388-740-0040, filed 8/7/00,
effective 8/27/00. Statutory Authority:
RCW
72.01.090,
72.05.130 and
13.40.210. WSR 99-03-077, §
275-30-040, filed 1/19/99, effective 2/19/99. Statutory Authority:
RCW
13.40.210. WSR 88-20-083 (Order 2709), §
275-30-040, filed 10/5/88.
