Current through Register Vol. 24-18, September 15, 2024
(1) Mandatory
confinement.
A JRA youth must be confined for a minimum of thirty days for
possession of a firearm or use of a deadly weapon while on parole, per
RCW
13.40.210(4)(c).
(2) Confinement for up to thirty days.
A JRA youth may be confined for a period not to exceed thirty
days for violating one or more conditions of parole, per
RCW
13.40.210(4)(a)(i) through
(iv).
(3) Confinement for remainder of sentence.
As provided for in
RCW
13.40.210(4)(a)(v) and (vi),
certain JRA youth who are placed on parole before completing their maximum
sentence may be returned to confinement for the remainder of their sentence if
they violate conditions of parole.
(a)
Sex Offenders: A JRA youth may be returned to confinement for the remainder of
the sentence range if the offense for which the youth was sentenced is rape in
the first or second degree, rape of a child in the first or second degree,
child molestation in the first degree, indecent liberties with forcible
compulsion, or a sex offense that is also a serious violent offense as defined
under RCW
9.94A.030.
(i) The remainder of sentence is calculated
as the maximum aggregated term of qualifying sex offenses, minus the number of
days served on the aggregated sentence for the qualifying sex offense or
offenses.
(ii) Previous days in
confinement for a parole violation are not deducted in this
calculation.
(iii) Aggregated terms
are served such that any term or terms for qualifying sex offenses are
considered the last served.
(b) Graduates of basic training camp: A JRA
youth who has successfully completed the juvenile offender basic training camp
program under
RCW
13.40.320 may be returned to confinement for
the remainder of their sentence range.
(i)
The remainder of sentence is calculated as the maximum aggregated term or four
hundred fifty-five days, whichever is shorter, minus the number of days served
on their aggregated sentence and on active parole.
(ii) Previous days in confinement for a
parole violation are not deducted in this calculation.
(4) Juvenile sex offender
confinement for up to twenty-four weeks.
(a)
As provided for in
RCW
13.40.210(4)(b), a JRA youth
may be returned to confinement for up to twenty-four weeks if:
(i) The JRA youth was sentenced for a sex
offense as defined in
RCW
9A.44.130;
(ii) The JRA youth is known to have violated
the terms of parole; and
(iii) In
the determination of the secretary, other graduated sanctions or interventions
have not been effective in controlling the youth's parole violations;
or
(iv) The behavior is so
egregious it warrants the use of the higher level intervention and the
violation:
(A) Is a known pattern of behavior
consistent with a previous sex offense that puts the JRA youth at high risk for
reoffending sexually;
(B) Consists
of sexual behavior that is determined to be predatory as defined in
RCW
71.09.020; or
(C) Requires a review under chapter 71.09
RCW, due to a recent overt act.
(b) The total number of days of confinement
under subsection (4) shall not exceed the number of days provided by the
maximum sentence imposed by the disposition for the underlying sex offense or
offenses pursuant to
RCW
13.40.0357.
(c) The department shall not aggregate
multiple parole violations that occur prior to the parole revocation hearing
and impose consecutive twenty-four week periods of confinement for each parole
violation under subsection (4).
(5) Criteria for juvenile sex offender
confinement.
A parole revocation petition to confine a juvenile sex offender
for the remainder of sentence under subsection (3) or for up to twenty-four
weeks under subsection (4) will be based on, but not limited to, the following
behavioral and sentence considerations:
(a) Behavioral criteria:
(i) Behavior that appears to constitute a new
sex offense or a statement by the JRA youth reporting a new sex
offense;
(ii) Statements by the JRA
youth that he/she is at imminent risk to re-offend sexually unless
confined;
(iii) Accessing, making
or possessing child pornography;
(iv) Accessing, making or possessing
pornography that depicts excessive physical violence, death or threats of
death, torture or infliction of pain, use of a weapon, humiliation or
bondage;
(v) Possession of
materials which, in total, constitute a "rape kit";
(vi) Unsupervised contact with previous
victim(s) or target victim populations, except for approved peer age contact
(attending school, etc.);
(vii)
Use, possession or providing of drugs and/or alcohol associated with the JRA
youth's illegal sexualized behaviors.
(b) Available remainder of sentence range.
If the JRA youth has not served the maximum sentence imposed
for the underlying offense or offenses, and confinement under WAC
388-740-0070(3) or
(4) are both available, the petition for
relief will take into account whether the remainder of sentence is sufficient
to accomplish the purposes of the revocation. If so, the petition will be for
confinement for the remainder of the sentence range; if not, the petition will
be for up to twenty-four weeks of confinement.
(6) If the JRA youth's parole is revoked, the
department must give the youth credit against any period of confinement for
days served in detention pending the parole revocation hearing.
(7) Serving confinement.
(a) The JRA youth must serve his or her
confinement in a facility or detention facility as described in WAC
388-740-0010.
(b) Confinement may be continuous, or for a
portion of each day, or for certain days each week with the balance of time
under supervision.
(8) If
a juvenile's parole is revoked two or more times during one parole period, the
secretary must approve any period of confinement exceeding a combined total of
thirty days.
(9) Unless conditions
of parole are otherwise amended, the order of parole conditions in effect at
the time the parole was revoked shall be deemed reinstated immediately
following any period of confinement.
Statutory Authority:
RCW
13.40.210(4)(b). WSR
08-21-038, §
388-740-0070, filed 10/8/08,
effective 11/8/08. Statutory Authority:
RCW
13.40.020,
13.24.010. WSR 00-17-046,
recodified as §
388-740-0070, 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, §
275-30-070, filed 1/19/99, effective 2/19/99. Statutory Authority:
RCW
13.40.210. WSR 90-22-072 (Order 3091), §
275-30-070, filed 11/6/90, effective 12/7/90; WSR 88-20-083 (Order 2709),
§ 275-30-070, filed 10/5/88.
