wa-law.org > bill > 2025-26 > HB 1391 > Original Bill

HB 1391 - Court alternatives/youth

Source

Section 1

  1. The legislature finds that youth diverted from the justice system have lower likelihood for future arrests, higher rates of school completion and college enrollment, and earn higher incomes in adulthood than youth who are adjudicated through the court process.

  2. The legislature further finds that there is significant cost benefit to offering youth diversion. A 2019 Washington state institute for public policy analysis found that diverting youth returned a societal benefit of more than $11,000 per dollar spent due to lower recidivism rates and improved outcomes.

  3. The legislature also finds that diversion is offered at different rates in different counties, leading to justice by geography and pointing to opportunities to expand the use of diversion in Washington.

  4. Therefore, it is the intent of the legislature to strengthen the ability of courts to offer robust diversion services, contract with community providers to offer diversion, and improve the data and accountability framework for diversions in Washington state.

Section 2

For the purposes of this chapter:

  1. "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse, or co-occurring mental health and substance abuse disorders, and recommendations for treatment. "Assessment" includes, but is not limited to, drug and alcohol evaluations, psychological and psychiatric evaluations, records review, clinical interview, and administration of a formal test or instrument;

  2. "Community-based rehabilitation" means one or more of the following: Employment; attendance of information classes; literacy classes; counseling including an intake appointment, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services including, when appropriate, restorative justice programs; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

  3. "Community-based sanctions" may include community restitution not to exceed 150 hours of community restitution;

  4. "Community restitution" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community restitution may be performed through public or private organizations or through work crews;

  5. "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred disposition. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

    1. Community-based sanctions;

    2. Community-based rehabilitation;

    3. Monitoring and reporting requirements;

    4. Posting of a probation bond;

    5. Residential treatment, where substance abuse, mental health, and/or co-occurring disorders have been identified in an assessment by a qualified mental health professional, psychologist, psychiatrist, co-occurring disorder specialist, or substance use disorder professional and a funded bed is available. If a child agrees to voluntary placement in a state-funded long-term evaluation and treatment facility, the case must follow the existing placement procedure including consideration of less restrictive treatment options and medical necessity.

      1. A court may order residential treatment after consideration and findings regarding whether:

(A) The referral is necessary to rehabilitate the child;

(B) The referral is necessary to protect the public or the child;

(C) The referral is in the child's best interest;

(D) The child has been given the opportunity to engage in less restrictive treatment and has been unable or unwilling to comply; and

(E) Inpatient treatment is the least restrictive action consistent with the child's needs and circumstances.

    ii. In any case where a court orders a child to inpatient treatment under this section, the court must hold a review hearing no later than 60 days after the youth begins inpatient treatment, and every 30 days thereafter, as long as the youth is in inpatient treatment;
  1. "Community transition services" means a therapeutic and supportive community-based custody option in which:

    1. A person serves a portion of their term of confinement residing in the community, outside of department institutions and community facilities;

    2. The department supervises the person in part through the use of technology that is capable of determining or identifying the monitored person's presence or absence at a particular location;

    3. The department provides access to developmentally appropriate, trauma-informed, racial equity-based, and culturally relevant programs to promote successful reentry; and

    4. The department prioritizes the delivery of available programming from individuals who share characteristics with the individual being served related to: Race, ethnicity, sexual identity, and gender identity;

  2. "Confinement" means physical custody by the department of children, youth, and families in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than 31 days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

  3. "Court," when used without further qualification, means the juvenile court judge(s) or commissioner(s);

  4. "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense

, the allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter

. A successfully completed deferred adjudication that was entered before July 1, 1998, or a deferred disposition shall not be considered part of the respondent's criminal history. A successfully completed diversion under RCW 13.40.080 may not be considered part of the respondent's criminal history;

  1. "Custodial interrogation" means express questioning or other actions or words by a law enforcement officer which are reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody;

  2. "Department" means the department of children, youth, and families;

  3. "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

  4. "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, youth court under the supervision of the juvenile court, or other entity with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

  5. "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

  6. "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

  7. "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

  8. "Juvenile," "youth," and "child" mean any individual who is under the chronological age of 18 years and who has not been previously transferred to adult court pursuant to RCW 13.40.110, unless the individual was convicted of a lesser charge or acquitted of the charge for which he or she was previously transferred pursuant to RCW 13.40.110 or who is not otherwise under adult court jurisdiction;

  9. "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person 18 years of age or older over whom the juvenile court has jurisdiction under RCW 13.40.300;

  10. "Labor" means the period of time before a birth during which contractions are of sufficient frequency, intensity, and duration to bring about effacement and progressive dilation of the cervix;

  11. "Local sanctions" means one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; or (c) 0-150 hours of community restitution;

  12. "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

  13. "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

  14. "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

  15. "Physical restraint" means the use of any bodily force or physical intervention to control a juvenile offender or limit a juvenile offender's freedom of movement in a way that does not involve a mechanical restraint. Physical restraint does not include momentary periods of minimal physical restriction by direct person-to-person contact, without the aid of mechanical restraint, accomplished with limited force and designed to:

    1. Prevent a juvenile offender from completing an act that would result in potential bodily harm to self or others or damage property;

    2. Remove a disruptive juvenile offender who is unwilling to leave the area voluntarily; or

    3. Guide a juvenile offender from one location to another;

  16. "Postpartum recovery" means (a) the entire period a woman or youth is in the hospital, birthing center, or clinic after giving birth and (b) an additional time period, if any, a treating physician determines is necessary for healing after the youth leaves the hospital, birthing center, or clinic;

  17. "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

  18. "Respondent" means a juvenile who is alleged or proven to have committed an offense;

  19. "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

  20. "Restorative justice" means practices, policies, and programs informed by and sensitive to the needs of crime victims that are designed to encourage offenders to accept responsibility for repairing the harm caused by their offense by providing safe and supportive opportunities for voluntary participation and communication between the victim, the offender, their families, and relevant community members;

  21. "Restraints" means anything used to control the movement of a person's body or limbs and includes:

    1. Physical restraint; or

    2. Mechanical device including but not limited to: Metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, tasers, or batons;

  22. "Risk assessment tool" means the statistically valid tool used by the department to inform release or placement decisions related to security level, release within the sentencing range, community facility eligibility, community transition services eligibility, and parole. The "risk assessment tool" is used by the department to predict the likelihood of successful reentry and future criminal behavior;

  23. "Screening" means a process that is designed to identify a child who is at risk of having mental health, substance abuse, or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention, or more comprehensive assessment. A screening may be undertaken with or without the administration of a formal instrument;

  24. "Secretary" means the secretary of the department;

  25. "Services" means services, including restorative justice, which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

  26. "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

  27. "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of the respondent's sexual gratification;

  28. "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case;

  29. "Transportation" means the conveying, by any means, of an incarcerated pregnant youth from the institution or detention facility to another location from the moment she leaves the institution or detention facility to the time of arrival at the other location, and includes the escorting of the pregnant incarcerated youth from the institution or detention facility to a transport vehicle and from the vehicle to the other location;

  30. "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

  31. "Violent offense" means a violent offense as defined in RCW 9.94A.030;

  32. "Youth court" means a diversion unit under the supervision of the juvenile court.

Section 3

  1. A diversion agreement shall be a contract between a juvenile accused of an offense and a diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. A juvenile's parent or guardian cannot decline to enter into a diversion agreement on behalf of the juvenile and cannot prevent a juvenile from entering into a diversion agreement. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

  2. A diversion agreement shall be limited to one or more of the following:

    1. Community restitution not to exceed 150 hours, not to be performed during school hours if the juvenile is attending school;

    2. Restitution limited to the amount of actual loss incurred by any victim, excluding restitution owed to any insurance provider under Title 48 RCW;

    3. Attendance at up to 10 hours of counseling and/or up to 20 hours of positive youth development, restorative justice, and educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; literacy; and life skills. If an assessment identifies mental health or chemical dependency needs, a youth may access up to 30 hours of counseling. The counseling sessions may include services demonstrated to improve behavioral health and reduce recidivism. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, a physician, a counselor, a school, or a treatment provider, if approved by the diversion unit. The state shall not be liable for costs resulting from the diversion unit exercising the option to permit diversion agreements to mandate attendance at up to 30 hours of counseling and/or up to 20 hours of educational or informational sessions;

    4. Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and

    5. Upon request of any victim or witness, requirements to refrain from any contact with victims or witnesses of offenses committed by the juvenile.

  3. Notwithstanding the provisions of subsection (2) of this section, youth courts are not limited to the conditions imposed by subsection (2) of this section in imposing sanctions on juveniles pursuant to RCW 13.40.630.

  4. In assessing periods of community restitution to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian. To the extent possible, the court officer shall advise the victims of the juvenile offender of the diversion process, offer victim impact letter forms and restitution claim forms, and involve members of the community. Such members of the community may meet with the juvenile and may advise the court officer as to the terms of the diversion agreement and may supervise the juvenile in carrying out its terms.

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    1. A diversion agreement may not exceed a period of six months and may include a period extending beyond the 21st birthday of the divertee.

    2. If additional time is necessary for the juvenile to complete the terms of the agreement or restitution to a victim, the time period limitations of this subsection may be extended by an additional six months at the request of the juvenile.

    3. If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of a civil order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to 10 years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (5)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of 10 years after the juvenile's 18th birthday. Prior to the expiration of the initial 10 year period, the juvenile court may extend the judgment for restitution an additional 10 years. The court may relieve the juvenile of the requirement to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a 10 year period. If the court relieves the juvenile of the requirement to pay full or partial restitution, the court may order an amount of community restitution that the court deems appropriate. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

    4. A diversion agreement may be completed by the juvenile any time prior to an order terminating the agreement.

  6. The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

  7. Divertees and potential divertees shall be afforded due process in all contacts with a diversion unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

    1. A written diversion agreement shall be executed stating all conditions in clearly understandable language;

    2. Violation of the terms of the agreement shall be the only grounds for termination;

    3. No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

      1. Written notice of alleged violations of the conditions of the diversion program; and

      2. Disclosure of all evidence to be offered against the divertee;

    4. The hearing shall be conducted by the juvenile court and shall include:

      1. Opportunity to be heard in person and to present evidence;

      2. The right to confront and cross-examine all adverse witnesses;

      3. A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

      4. Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement;

    5. The prosecutor may file an information on the offense for which the divertee was diverted:

      1. In juvenile court if the divertee is under 21 years of age; or

      2. In superior court or the appropriate court of limited jurisdiction if the divertee is 21 years of age or older;

    6. In no case may a court terminate a diversion agreement on or after the juvenile's 21st birthday and, thereafter, any pending information in the case diverted and any pending motion to terminate shall be dismissed with prejudice.

  8. The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

  9. The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

  10. The diversion unit may refer a juvenile to a restorative justice program, community-based counseling, or treatment programs.

  11. The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

  12. When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

    1. The fact that a charge or charges were made;

    2. The fact that a diversion agreement was entered into;

    3. The juvenile's obligations under such agreement;

    4. Whether the alleged offender performed his or her obligations under such agreement; and

    5. The facts of the alleged offense.

  13. A diversion unit may refuse to enter into a diversion agreement with a juvenile. When a diversion unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversion unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

  14. A diversion unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than $50 in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection includes the authority to refer the juvenile to community-based counseling or treatment programs or a restorative justice program. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(8). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversion unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

  15. A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's 18th birthday and which includes a period extending beyond the divertee's 18th birthday.

  16. If restitution required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert unpaid restitution into community restitution. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community restitution in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

  17. In no case may a diversion be entered into for an offense committed on or after the juvenile's 18th birthday.

Section 4

It is the intention of the legislature in enacting this chapter to increase the protection afforded the citizens of this state, to require community planning, to provide necessary services and supervision for juvenile offenders in the community when appropriate, to reduce reliance on state-operated correctional institutions for offenders whose standard range disposition does not include commitment of the offender to the department, to encourage the community to efficiently and effectively provide community services to juvenile offenders through consolidation of service delivery systems, and to provide effective services and referrals to referred and diverted youth to prevent the need for formal court involvement whenever possible.

Section 5

  1. The department of children, youth, and families shall adopt rules prescribing minimum standards for the operation of consolidated juvenile services programs for juvenile offenders and such other rules as may be necessary for the administration of the provisions of this chapter.

  2. Consolidated juvenile services is a mechanism through which the department of children, youth, and families supports local county comprehensive program plans in providing services to offender groups.

  3. Standards for consolidated juvenile services shall be sufficiently flexible to support current programs which have demonstrated effectiveness and efficiency, to foster development of innovative and improved services for juvenile offenders, to permit direct contracting with private vendors, and to encourage community support for and assistance to local programs.

  4. Consolidated juvenile services include programs and services developed for referred and diverted youth.

  5. The secretary of children, youth, and families shall seek advice from appropriate juvenile justice system participants in developing standards and procedures for the operation of consolidated juvenile services programs and the distribution of funds under this chapter.

Section 6

Any county or group of counties may make application to the department of children, youth, and families in the manner and form prescribed by the department for financial aid for the cost of consolidated juvenile services programs. Any such application must include a plan or plans for providing consolidated services to juvenile offenders and diverted or referred youth in accordance with standards of the department.

Section 7

  1. Subject to the availability of funds appropriated for this specific purpose, the department shall establish a grant program within the office of juvenile justice to support community-based programs that divert youth from entering or reentering the juvenile justice system.

  2. Community-based programs selected to receive grant funding under this section must:

    1. Aim to reduce racial and ethnic disparities; and

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      1. Apply in coordination with a school or school district, law enforcement agency, prosecuting attorney's office, or juvenile court; or

      2. Apply as a school or school district.

  3. Grant funding provided under this section must be distributed with a priority for:

    1. Community-based organizations as the primary applicant;

    2. Ensuring geographic diversity; and

    3. Smaller community-based organizations.

Section 8

  1. Subject to the availability of funds appropriated for this specific purpose, the administrative office of the courts, in consultation with the department of children, youth, and families, and the Washington association of juvenile court administrators, shall develop common definitions, outcome measures, and data collection methods for both informal and formal juvenile diversion programs.

  2. In developing the items described in subsection (1) of this section, the administrative office of the courts shall work towards:

    1. Obtaining timely and accurate data from the juvenile courts regarding all formal diversion agreements that allow for reporting the number and rate of formal diversions, disaggregated by jurisdiction, race, ethnicity, and gender;

    2. Developing methods to define, categorize, and track the use of informal diversion agreements;

    3. Engaging in partnerships with community-based organizations; and

    4. Implementing goals identified by the administrative office of the courts, the department of children, youth, and families, and the Washington association of juvenile court administrators.

  3. By July 1, 2026, and in compliance with RCW 43.01.036, the administrative office of the courts shall submit a report to the appropriate committees of the legislature and the governor based on the requirements of this section.

  4. This section expires July 1, 2027.

Section 9

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    1. All juvenile courts shall transmit youth-level secure detention data and juvenile diversion agreement data to the administrative office of the courts.

    2. Data may either be entered into the statewide management information system for juvenile courts or securely transmitted to the administrative office of the courts at least monthly. Juvenile courts shall provide, at a minimum, the name and date of birth for the youthand the referral number or court case number associated with the event. For secure detention events, courts shall provide the reasons for admission to the juvenile detention facility, the date of admission, the date of exit, and the time the youth spent in secure confinement. For diversion agreement events, the courts shall provide the date of the diversion agreement and the outcome of the agreement.

    3. Courts are also encouraged to report individual-level data reflecting :

      1. Whether a detention alternative, such as electronic monitoring, was used, and the time spent in detention alternatives; and

      2. Informal diversion events where no formal diversion agreement is entered into.

    4. The administrative office of the courts and the juvenile court administrators must work to develop uniform data standards for detention and diversion.

  2. The administrative office of the courts shall deliver an annual statewide report to the legislature that details the number of Washington youth who are placed into detention facilities during the preceding calendar year. The first report shall be delivered by March 1, 2017, and shall detail the most serious reason for detention and youth gender, race, and ethnicity. The report must have a specific emphasis on youth who are detained for reasons relating to a truancy, at-risk youth, or a child in need of services petition. The report must:

    1. Consider the written findings described in RCW 7.21.030(2)(e)(ii)(B), and provide an analysis of the rationale and evidence used and the less restrictive options considered;

    2. Monitor the utilization of alternatives to detention;

    3. Track trends in the use of at-risk youth petitions;

    4. Track trends in the use of secure residential programs with intensive wraparound services; and

    5. Track the race and gender of youth with at-risk petitions.

  3. The administrative office of the courts shall deliver an annual statewide report to the legislature that details, disaggregated by age, race, ethnicity, gender, tribal affiliation if known, and county (including the rate per 1,000 youth), the number of Washington youth who enter into a formal diversion agreement each calendar year. The report must indicate:

    1. How many diversions are entered into before filing an information and how many diversions are entered into after an information is filed;

    2. The number of successfully completed diversions;

    3. The rate of successfully completed diversions;

    4. The types of alleged offenses referred to diversion;

    5. The number and rate of refused diversions and whether the diversion was refused by the youth or the court;

    6. The number and type of disposition alternatives granted each calendar year and how many are revoked;

    7. The number of law enforcement referrals to a prosecuting attorney alleging the commission of a juvenile offense each calendar year organized by referring agency; and

    8. The number of school referrals to a prosecuting attorney alleging the commission of a juvenile offense each calendar year organized by school district.

Section 10

RCW 13.40.020 applies to all completed juvenile diversion agreements and those which are in place but not yet completed on or after the effective date of this section, regardless of when the underlying offense was committed.


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