(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.
[WSR 19-14-079, recodified as § 110-740-0040, filed 7/1/19, effective 7/1/19. 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.]
