WA bill to exclude juvenile facilities from prison riot laws

WA vote to exclude juvenile facilities from prison riot laws

The Washington state Senate just passed a bill that excludes juvenile facilities from laws around punishments for prison riots.

OLYMPIA, Wash. - The Washington State Senate passed a bill Tuesday morning that excludes juvenile facilities from laws around punishments for prison riots. Supporters argue the change is necessary to correct unfair standards, while opponents say the bill threatens safety for kids and staff at already dangerous facilities.

Passed on a 27-21 vote, House Bill 1815 excludes juvenile detention facilities operated by counties or the Department of Children Youth and Families from laws around prison riots. Under those laws, if at least two people disturb the order of the facility, they could be charged with a riot and face at least another year behind bars.

Additionally, anyone with a prior prison riot offense would be able to petition to have their conviction vacated by a court, and apply for a resentencing if their overall prison term was determined in part by a riot conviction.

Supporters of the legislation argued prison riot charges have been disproportionately brought against juveniles, particularly at DCYF’s Green Hill School in Lewis County. The facility has recently been under scrutiny for overcrowding, inmate unrest and allegations of staff misconduct.

"Charges are often brought against young people getting into fist fights and not stopping the fight when told to do so," said Sen. Claire Wilson, D-Auburn. "They often are brought also against young people who are in the way and get into a fight and are not part of that fight. It is seriously problematic behavior, I will agree with that. But not what most would consider a riot," she added.

Instead, Wilson said, riot behavior would be handled by DCYF’s internal behavioral management system. Additional charges for bad behavior would be brought based on other specific offenses like assault, arson or escape.

All Republicans were joined in opposition to the bill by two Democrats Tuesday, arguing the bill prioritizes offenders rather than facility staff and their safety.

"This is sending a message that it’s okay to riot in the prison because you’ll not be charged with that charge because it’ll go away," said Sen. Leonard Christian, R-Spokane Valley.

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Green Hill School

While opponents acknowledged the current prison riot laws may be too harsh, they said the fix is to change the standards, not get rid of them altogether.

Senate Minority Leader John Braun, R-Chehalis, spoke out as the Green Hill juvenile facility is in his district. He argued legislative actions around the juvenile rehabilitation system in recent years have created challenges for staff and led to dangerous situations.

"It is a very dangerous place for the students and for the staff," he said. "And what this bill will do, meaning well, but what this will do is add more uncertainty and less chance to create a safe environment."

Because the Senate made amendments to the bill, it will go back to the House to weigh in on those changes. Once that is resolved, the legislation will be sent to the governor for his consideration.

The Source: Information in this story Albert James, a television reporter covering state government as part of the Murrow News Fellowship program – a collaborative effort between news outlets statewide and Washington State University.