HB 2957 would amend current statute to allow that a juvenile may be taken into custody without a court order for questioning upon a matter that could result in a petition alleging that the juvenile is a delinquent juvenile or a juvenile in need of intervention. In these instances the juvenile must be advised of their right against self-incrimination and their right to counsel. Additionally, the investigating officer, probation office, or person assigned to give notice shall immediately notify the parents, guardian, or custodian of the juvenile that they have been taken into custody and where they are being held. If these individuals cannot be found through diligent efforts, a close relative or friend chosen by the juvenile must be notified.
Current law indicates that when a juvenile is taken into custody a detention hearing, a community supervision modification or determination of diversion petition, or a parole modification shall be held within seventy-two hours. The amendment would add a hearing to determine whether there is probably cause to believe the juvenile is delinquent or in need of an intervention to the suite of possible hearings. Additionally, the bill amends current statute to indicate these must occur within twenty-four hours.
The bill adds additional stipulations to when a juvenile is taken into custody; these include 1) When a juvenile is taken into custody for violation of a placement under an electronic monitoring program a hearing to determine whether a violation occurred must be held within 24 hours, excluding weekends and holidays, 2) The probable cause hearing must be held in person or video conference and a record of the hearing must be made by the court reporter; 3) The hearing may also be conducted by telephone if other means of conducting the hearing are impractical.
The bill would add language indicating that parents, guardians, or a custodian of the juvenile may be held in contempt of court for failing to be present at the probable cause hearing unless they cannot be located through diligent efforts or they are excused by the courts for good cause. The amendment also removes language that the court considers all factors relevant to their ability to be summoned.
In relation to the juvenile’s rights, they have the ability to waive them if 1) the juvenile is sixteen years of age or over, 2) the juvenile is under 16 years old and their parents agree, or 3) the juvenile is under sixteen years old and they do not agree with their parents; in these cases the juvenile may make the effective waiver only with the advice of counsel. The bill would remove language indicating waivers must be made intelligently by the juvenile after they have been fully informed of the right being waived.
The bill determines that if a juvenile shall be determined to remain in custody, the juvenile may be placed in a detention facility, a resource and assessment center, or shelter care; but not in a jail or a detention facility for the confinement of adults. The bill goes on to identify specific criteria a juvenile must meet to be placed in a detention facility, resource and assessment center, shelter care, or a jail or other adult detention center.
Finally, the bill repeals the following acts: RCW 13.40.280 (Transfer of juvenile to Department of Corrections facility – Grounds – Hearing – Term – Retransfer to a facility for juveniles), RCW 13.40.285 (Juvenile offender sentenced to terms in juvenile and adult facilities – transfer to Department of Corrections – Term of confinement).
