A Thurston County Superior Court judge has ordered that the 43 adult inmates removed from Green Hill School be returned to the facility within two weeks.
In a preliminary ruling issued Friday, the Department of Children, Youth and Families (DCYF) was also prevented from transferring any more inmates to state Department of Corrections (DOC) facilities.
The move comes after DCYF ordered that 43 offenders be transferred to the DOC, and Gov. Jay Inslee authorized the agency to “immediately” begin considering options for a “small, medium security facility” amid overpopulation concerns.
According to FOX 13 news, Judge Anne Egeler noted that DCYF signed an agreement less than one year ago that outlined the process for DCYF to transfer an inmate to the DOC, which was not followed.
"The settlement agreement provides an outlet valve for the respondents," Egeler said, according to FOX 13. "Respondents may file an emergency motion seeking an exception to move a class member to DOC custody pending an individualized review hearing, they opted not to do so."
A final injunctive hearing is scheduled in Thurston County Superior Court on Friday.
After announcing his decision to transfer inmates, DCYF Secretary Ross Hunter said the agency had to “prioritize the safety of young people and staff, and that it is safer for everyone when we have capacity levels that promote rehabilitation.”
The transfer of residents came a week after DCYF announced it suspended entries into both Green Hill and Echo Glen in Snoqualmie as it seeks to reach “sustainable levels” of population.
According to DCYF, the transferred residents were all males over 21 with an adult sentence beyond their 25th birthday who would have eventually been transferred to the DOC.
Before the transfer, Green Hill housed 236 residents, above the 180 the facility considers “best practice.”
Hunter previously notified juvenile, adult and tribal courts across Washington in a letter that DCYF would suspend intakes at Green Hill and Echo Glen Children’s Center in Snoqualmie. While the move does not mean current inmates will be released, Hunter wrote that it came after a “spike in population” caused a “deteriorating and dangerous situation” at the facilities.
Instead of being sent to either Green Hill or Echo Glen, newly sentenced offenders will remain in custody at county facilities, according to DCYF, with the department providing financial support.
Green Hill School has seen a rising number of assaults and drug and contraband possession cases amid the overcrowding.
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