Washington Code 72.05.420 – Placement in community facility — Necessary conditions and actions — Department’s duties
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(1) The department shall not initially place an offender in a community facility unless:
Terms Used In Washington Code 72.05.420
- Community facility: means a group care facility operated for the care of juveniles committed to the department under RCW 13. See Washington Code 72.05.020
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of children, youth, and families. See Washington Code 72.05.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Washington Code 72.05.020
- Secretary: means the secretary of the department. See Washington Code 72.05.020
(a) The department has conducted a risk assessment, including a determination of drug and alcohol abuse, and the results indicate the juvenile will pose not more than a minimum risk to public safety; and
(b) The offender has spent at least ten percent of his or her sentence, but in no event less than thirty days, in a secure institution operated by, or under contract with, the department.
The risk assessment must include consideration of all prior convictions and all available nonconviction data released upon request under RCW 10.97.050, and any serious infractions or serious violations while under the jurisdiction of the secretary or the courts.
(2) No juvenile offender may be placed in a community facility until the juvenile’s student records and information have been received and the department has reviewed them in conjunction with all other information used for risk assessment, security classification, and placement of the juvenile.
(3) A juvenile offender shall not be placed in a community facility until the department’s risk assessment and security classification is complete and local law enforcement has been properly notified.
[ 1998 c 269 § 10.]
NOTES:
Intent—Finding—Effective date—1998 c 269: See notes following RCW 72.05.020.