H-3939.3 _______________________________________________
SUBSTITUTE HOUSE BILL 2440
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By House Committee on Corrections (originally sponsored by Representative R. Meyers)
Read first time 02/04/94.
AN ACT Relating to the juvenile disposition standards commission; amending RCW 13.40.025 and 13.40.027; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that juvenile violence and crime are serious problems. The legislature finds that the current system for establishing juvenile disposition standards and related statutes for juvenile offenders must be improved. The legislature further finds that the juvenile disposition standards commission will benefit from additional representation from organizations concerned with juvenile justice. The legislature finds that an independent juvenile disposition standards commission will improve the effectiveness and efficiency of the juvenile justice. The legislature finds that a closer connection between the juvenile disposition standards commission and the sentencing guidelines commission will assist the juvenile disposition standards commission in performing its increased responsibilities. Authorizing the juvenile disposition standards commission to access staff of the sentencing guidelines commission will permit the juvenile disposition standards commission to take advantage of an already operating system and economies of scale.
Sec. 2. RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:
(1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.
(2) ((The commission
shall be composed of the secretary or the secretary's designee and the
following nine members)) The voting membership of the commission shall
be appointed by the governor, subject to confirmation by the senate.
The voting membership shall consist of the following:
(a) ((A)) Two
superior court judges;
(b) ((a)) Two
prosecuting ((attorney)) or deputy prosecuting attorneys;
(c) A law enforcement officer;
(d) An administrator of juvenile court services;
(e) ((a)) Two
public defenders actively practicing in juvenile court;
(f) A county
legislative official or county executive; ((and))
(g) Three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders; and
(h) The secretary of the department or the secretary's designee.
In addition to the voting members, the governor shall appoint, subject to confirmation by the senate, one member from each of the two largest caucuses of both the senate and the house of representatives, who shall be nonvoting members.
In making the
appointments, the governor shall seek the recommendations of the association of
superior court judges in respect to the members who ((is a)) are
superior court judges; of Washington prosecutors in respect to the
prosecuting ((attorney)) or deputy prosecuting attorney members;
of the Washington association of sheriffs and police chiefs in respect to the
member who is a law enforcement officer; of juvenile court administrators in
respect to the member who is a juvenile court administrator; and of the state
bar association in respect to the public defender member; and of the Washington
association of counties in respect to the member who is either a county
legislative official or county executive.
(3) The ((secretary
or the secretary's designee)) governor shall ((serve as chairman))
designate the chair of the commission.
(4) The secretary shall
serve on the commission during the secretary's tenure as secretary of the
department. The term of the remaining members of the commission shall be three
years. The initial terms shall be determined by lot conducted at the
commission's first meeting as follows: (a) Four members shall serve ((a
two-year)) one-year terms; ((and)) (b) four members
shall serve ((a three-year)) two-year terms; and (c) four
members shall serve three-year terms. The members of the legislature shall
serve two-year terms, or until they cease to be members of the house from which
they were appointed, whichever happens first. In the event of a vacancy,
the appointing authority shall designate a new member to complete the remainder
of the unexpired term.
(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.
(6) The commission shall meet at least once every three months.
(7) At least twice annually, the commission shall conduct a joint meeting with the sentencing guidelines commission.
Sec. 3. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:
(1) It is the
responsibility of the commission to: (a)(i) Evaluate the effectiveness of
existing disposition standards and related statutes in implementing policies
set forth in RCW 13.40.010 generally, (ii) specifically review the guidelines
relating to the confinement of minor and first offenders as well as the use of
diversion, and (iii) review the application of current and proposed juvenile
sentencing standards and guidelines for potential adverse impacts on the sentencing
outcomes of racial and ethnic minority youth; (b) solicit the comments and
suggestions of the juvenile justice community concerning disposition standards;
((and)) (c) study the efficacy of disposition alternatives such as
deferred adjudication and suspended dispositions; and (d) make
recommendations to the legislature regarding disposition alternatives and
revisions or modifications of the disposition standards in accordance with RCW
13.40.030. The evaluations and recommendations shall be submitted to
the legislature on December 1st of each ((even-numbered)) year ((thereafter)).
(2) ((It is the
responsibility of the department to: (a) Provide the commission with available
data concerning the implementation of the disposition standards and related statutes
and their effect on the performance of the department's responsibilities
relating to juvenile offenders; (b) at the request of the commission, provide
technical and administrative assistance to the commission in the performance of
its responsibilities; and (c) provide the commission and legislature with
recommendations for modification of the disposition standards.)) The
commission shall (a) serve as a clearinghouse and information center for the
collection, preparation, analysis, and dissemination of information on state
and local juvenile disposition practices; (b) develop and maintain a
computerized sentencing information system consisting of offender, offense,
history, and disposition information entered from judgment and disposition
forms for all juvenile offenders; and (c) conduct ongoing research regarding
disposition guidelines, use of commitment, detention, plea bargaining, and
other matters relating to the improvement of the juvenile justice system.
(3) The commission shall use the staff, resources, and executive officer of the sentencing guidelines commission. The office of financial management shall determine the number of additional staff needed to supplement the staff of the sentencing guidelines commission in order to provide the juvenile disposition standards commission with a research staff of sufficient size and with sufficient resources to accomplish its duties.
(4) The commission may request from the office of financial management, the administrator for the courts, and the department of social and health services such data, information, and data processing assistance as it may need to accomplish its duties, and such services shall be provided without cost to the commission. The department of social and health services and other organizations or individuals shall provide the commission and the legislature with recommendations for modification of the disposition standards.
(5) The commission shall conduct a study to determine the capacity of rehabilitative facilities and programs that are or will be available. While the commission need not consider such capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding such capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences that shall be consistent with such capacity.
(6) The commission shall study the existing juvenile justice code and from time to time make recommendations to the legislature for modification.
(7) The commission shall adopt its own bylaws.
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