Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-11-142.

     Title of Rule: Placement of juvenile offenders committed to the Juvenile Rehabilitation Administration (JRA).

     Purpose: Amending WAC 388-730-0010, 388-730-0060, 388-730-0065, and 388-730-0070. These rules outline the range of placements available in JRA.

     Statutory Authority for Adoption: RCW 13.40.460.

     Statute Being Implemented: RCW 72.05.150 and 13.40.460.

     Summary: The rules are being amended to provide further detail on placements available to youth in JRA programs.

     Reasons Supporting Proposal: The changes to the rules provide JRA clients with increased placement options.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dana Phelps, P.O. Box 45720, Olympia, WA, (360) 902-0774.

     Name of Proponent: Department of Social and Health Services, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: This rule amends the placement options for youth in JRA programs. The new rule will more accurately reflect the current program implementation.

     Proposal Changes the Following Existing Rules: The proposed amendment clarifies the placement options for youth placed in JRA facilities.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No small businesses (as defined in RCW 19.85.020) will be impacted. The rules only impact nonprofit agencies and increases opportunities for these agencies to contract with the department.

     RCW 34.05.328 applies to this rule adoption. This rule is a significant legislative rule. It increases opportunities for youth placed in JRA facilities and also provides nonprofit agencies a new opportunity to serve JRA clients. A cost-benefit analysis has been prepared and is available by contacting the person listed above.

     Hearing Location: Blake Office Park (behind Goodyear Courtesy Tire), 4500 10th Avenue S.E., Rose Room, Lacey, WA 98503, on October 8, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Andy Fernando, DSHS Rules Coordinator, by October 4, 2002, phone (360) 664-6094, TTY (360) 664-6178, e-mail FernaAX@dshs.wa.gov.

     Submit Written Comments to: Identify WAC Numbers, DSHS Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6185, e-mail fernaax@dshs.wa.gov, by 5:00 p.m., October 8, 2002.

     Date of Intended Adoption: Not earlier than October 9, 2002.

August 29, 2002

Brian H. Lindgren, Manager

Rules and Policies Assistant Unit

     (((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 an interagency agreement with the department is not a community facility.

     (((2))) "Community placement eligibility requirements" means requirements developed by JRA that must be met by a youth to demonstrate progress in treatment and low public safety risk, which justify an institutional minimum or minimum security classification for the youth.

     (((3))) "Initial security classification assessment" means a written instrument, developed by JRA and administered by diagnostic staff, to determine to what extent a juvenile is a threat to public safety for the purpose of determining the juvenile's security classification when the juvenile initially is committed to JRA.

     (((4))) "JRA" means juvenile rehabilitation administration, department of social and health services.

     (((5))) "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.

     (((6))) "Program administrator" means institution superintendent, regional administrator, or their designees.

     (((7))) "Residential treatment and care program" means a single family residence operated for the care of juveniles committed to the department under RCW 13.40.185.

     "Separate living unit" means sleeping quarters and areas used for daily living activities not specific to treatment and education programs located in a building, wing, or on a different floor which separates resident groups.

     (((8))) "Service provider" means the entity that operates a community facility or is contracted to provide a residential treatment and care program.

     (((9))) "Specialized treatment program" means a program that addresses additional rehabilitation needs such as sex offender treatment, drug/alcohol treatment, mental health interventions, gang intervention, gender/age specific intervention and other programs meeting specific rehabilitation needs of juveniles.

[Statutory Authority: Chapter 72.05 RCW. 00-22-019, recodified as § 388-730-0010, 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. 98-18-056, § 275-46-010, filed 8/31/98, effective 9/1/98. Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-010, filed 8/29/96, effective 9/29/96.]

     (2) Juveniles must not be placed in a community facility or residential treatment and care program until:

     (a) Ten percent of the juvenile's sentence, and in no case less than thirty days, has been served in a secure facility; and

     (b) All placement assessment requirements have been met.

     (3) In addition to the provisions of WAC 388-730-0050 (3)(b)(iii), minimum security juveniles may be permitted unescorted participation in treatment programs in the community that do not involve the family for up to twelve hours per day.

[Statutory Authority: Chapter 72.05 RCW. 00-22-019, amended and recodified as § 388-730-0060, 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. 98-18-056, § 275-46-060, filed 8/31/98, effective 9/1/98. Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-060, filed 8/29/96, effective 9/29/96.]

     (1) When juveniles under commitment to JRA are assessed as a high to moderate risk for sexually aggressive behavior, they may not be placed in a community facility or residential treatment and care program with youths under the jurisdiction of children's administration unless:

     (a) They are placed in a separate living unit solely for juveniles currently under the jurisdiction of JRA; or

     (b) They are placed in a program that contracts specifically for the provision of services to sexually aggressive youth.

     (2) Juveniles under commitment to JRA for a class A felony may not be placed in these community facilities unless:

     (a) They are housed in a separate living unit solely for juveniles currently under the jurisdiction of JRA;

     (b) They are placed in a community facility or residential treatment and care program that is a specialized treatment program and the juvenile is not assessed as sexually aggressive under RCW 13.40.470; or

     (c) They are placed in a community facility or residential treatment and care program that is a specialized treatment program housing one or more sexually aggressive youth and the juvenile is not assessed as sexually vulnerable under RCW 13.40.470.

[Statutory Authority: Chapter 72.05 RCW. 00-22-019, recodified as § 388-730-0065, 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. 98-18-056, § 275-46-065, filed 8/31/98, effective 9/1/98.]

     (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 and/or safety of the facility or community;

     (h) Intentional property damage in excess of one thousand five hundred dollars;

     (i) Possession, use, or distribution of drugs or alcohol, or use of inhalants;

     (j) Rioting or inciting others to riot;

     (k) Refusal of urinalysis or search; or

     (l) 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;

     (g) Fighting;

     (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;

     (k) Escape talk;

     (l) Sexual contact or any other behavior, not defined as a serious violation, resulting in a referral to the department of licensing, child protective services, or law enforcement; or

     (m) Lewd or disruptive behavior in the community.

     (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;

     (vi) Restitution; or

     (vii) Community service.

     (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:

     (i) Loss or privileges;

     (ii) Loss of program level;

     (iii) Room confinement up to seventy-two hours;

     (iv) Change in release date;

     (v) Reprimand and/or loss of points;

     (vi) Additional restitution; or

     (vii) Community service.

     (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) 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 and service provider must clearly post 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: Chapter 72.05 RCW. 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. 98-18-056, § 275-46-070, filed 8/31/98, effective 9/1/98. Statutory Authority: RCW 13.40.460. 96-18-041, § 275-46-070, filed 8/29/96, effective 9/29/96.]

     (2) If the contracted service provider fails to report violations within the prescribed time frames, the JRA must impose one or more of the following remedies:

     (a) Imposition of a corrective action plan to be completed as determined by the program administrator.

     (b) Imposition of the following monetary penalties:

     (i) The first time fines are imposed on a service provider, the penalty must be at the rate of fifty dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

     (ii) Subsequent fines imposed on the service provider during the same calendar year must be at the rate of seventy-five dollars per day for each juvenile involved in a violation that was not reported as required. The penalty must be assessed for each day the report was late, and may continue until a corrective action plan is approved by the program administrator.

     (c) Order to stop placement until a corrective action plan is submitted, approved by the program administrator, and implemented.

     (d) Termination of the contract for convenience if it is determined such termination is in the best interests of the department.

[Statutory Authority: Chapter 72.05 RCW. 00-22-019, amended and recodified as § 388-730-0090, 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. 98-18-056, § 275-46-090, filed 8/31/98, effective 9/1/98.]

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