SEATTLE — With overcrowding at one of Washington's two youth prisons hitting a crisis point, state lawmakers this legislative session have homed in on juvenile crime and incarceration, hoping to provide relief to a strained system.

While ideas diverge, lawmakers on both sides of the aisle appear to agree something needs to be done. Two dozen bills have been filed related to the juvenile criminal system this session. The proposals still being debated would set parameters on when and how youth can be moved out of juvenile rehabilitation facilities; require courts to make a finding that it's necessary to imprison young people; change laws and policies around youth prison riots; and establish more oversight regarding complaints and concerns at juvenile facilities.

Some of the proposed legislation aims to tweak the suite of laws referred to as "Juvenile Rehabilitation to 25," which, among other changes, extended juvenile jurisdiction to the age of 25.

Both an uptick in juvenile crime and the JR to 25 law have led to a growing population in juvenile rehabilitation, particularly at the Green Hill School, a medium-maximum facility in Chehalis that has been overcapacity for the past year. The youth prison has been beset by staff shortages, fights among incarcerated people, food insecurity and 22-hour lockdowns in residents' rooms.

Shortly before leaving office, former Gov. Jay Inslee announced plans to open a new youth detention center near Aberdeen, with the hopes it will ease overcrowding and help handle what he called the "avalanche" of juvenile offenders entering the system.

Lawmakers are still working out what state regulations could help. Last Wednesday marked the cutoff for bills to be passed out of their house of origin. In a cash-strapped year, bills that would require large sums of money are proving difficult to pass.

Here's what survived another day and what has failed to move forward.

Addressing overcrowding

Senate Bill 5296 would require juvenile courts to make an independent finding supported by "a preponderance of evidence" that it's necessary to imprison a juvenile to protect the safety of the public, rather than have them get treated in a community facility or on home monitoring. The bill would also expand eligibility for alternatives in lieu of incarceration like substance use or mental health treatment.

The bill was sponsored by Sen. Claire Wilson, D-Auburn, who called it a "practical compromise" that would address overcrowding at the front end by keeping some youth out of juvenile facilities. It narrowly passed out of the Senate last week. Opponents expressed concerns about more people who have committed crimes being diverted from incarceration.

Sen. Judy Warnick, R-Moses Lake, said she was worried about the bill applying to people who committed violent offenses and wished more mental health and substance use treatment options were included.

"There are many strategies and there are many levers when we think about the juvenile rehabilitative system that need to be considered to find solutions to a very complex problem," Wilson said during floor debates, calling her bill just one lever.

Another Senate bill that aims to tackle overcrowding would create a framework for how the Department of Children, Youth, and Families can reduce its population, including transferring people to community facilities on a case-by-case basis, or to adult prison under certain circumstances if other options are exhausted. Senate Bill 5278 would allow incarcerated people to be transferred to Department of Corrections custody if they are over 21, were convicted as an adult, and if the facility is above 105% capacity.

"We are really not doing our part in getting folks back on track ... because it's too crowded," sponsor Sen. John Braun, R-Centralia, said during floor debates.

The bill requires that DCYF monitor the number of people in each institution and identify ways to decrease the population once it hits 90% of the rated capacity. At crisis level, the department would have to consider moving people out of community facilities to make room for juvenile rehabilitation residents. After that, if the population is still at or above 105% of its capacity, DCYF could transfer some adults to adult prison if they consistently refuse to participate in rehabilitation. Under the bill, people getting transferred would first get a hearing, during which they have a right to an attorney.

Allison Krutsinger, a spokesperson for DCYF, testified the agency still has "some concerns (the bill) doesn't address and solve the crisis that the JR system is in."

The bill passed out of the Senate unanimously.

Youth prison riots

House Bill 1815 creates a way for juveniles who were adjudicated of prison riot offenses while in a DCYF institution to vacate their convictions and requires DCYF establish rules for handling prison riot behavior internally through infractions, rather than always contacting law enforcement.

Prison riot offenses are regularly filed against youth at Green Hill. Washington's prison riot statute, unlike many states, does not require knowledge or intent. Families of Green Hill residents and youth advocates have complained that anyone who gets involved, even if they are trying to break up a fight, gets charged with prison riot.

The Democrat-led bill was hotly debated Wednesday. Some legislators said passing JR to 25 in the first place was a mistake that led Green Hill to where it is now.

"The juvenile rehabilitation act is a failure, and has been a failure when you have adults being incarcerated with youths," said Rep. Peter Abbarno, R-Centralia.

Diversion and oversight

Under House Bill 1391, juvenile diversion agreements would be prohibited if the alleged offense was committed after their 18th birthday. Parents and guardians would also be prohibited from declining whether a juvenile enters into an agreement. The bill would create a more consistent process statewide for youth to enter diversion programs.

"In light of overcrowding issues and the costs that come with incarcerating youth, I believe that we must have a greater focus on ensuring youth have access to these diversion programs," said sponsor Rep. Julio Cortes, D-Everett.

The Office of the Family and Children's Ombuds, a nearly 30-year-old office, investigates complaints about state agencies concerning child welfare and identifies law violations or systemic issues. Under Senate Bill 5032, the office's authority would expand to include youth at juvenile rehabilitation facilities. The office's director, Patrick Dowd, said the office supports the bill after receiving several complaints about juvenile rehabilitation, noting there's no law codifying their ability to look into the issues. It passed unanimously out of the Senate.

On the cutting-room floor

Despite the upward momentum for many juvenile justice-related bills, some failed to advance.

In response to Green Hill's overcrowding, Senate Bill 5260 would have allowed a person over the age of 18 to request a transfer to an adult prison. There is already a process for young people to request a transfer, and no action was taken on the bill in committee.

Another effort to tweak JR to 25, Senate Bill 5153, would have required that a person convicted as an adult of a serious violent offense be transferred to an adult prison from a juvenile detention center after they turn 18.

House Bill 1247 would also have changed JR to 25 in part to say that DCYF can only house those under the age of 21, rather than 25.

Senate Bill 5266 would have allowed a person convicted of a crime before their 18th birthday to petition for early release at age 24 under some conditions. It would have also provided rental vouchers to successful petitioners.

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