BP BHEAD INT H

AN ACT Relating to the juvenile disposition standards commission; amending RCW 13.40.025 and 13.40.027; creating a new section; and making an appropriation.

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 dispositions 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.

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~~)) thirteen members appointed by the governor, subject to confirmation by the senate: (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) 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 members; 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) six members shall serve three-year terms. 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.

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) make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030. The evaluations shall be submitted to the legislature on December 1 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 office of financial management shall determine the appropriate staffing level for the commission to provide a research staff of sufficient size and with sufficient resources to accomplish its duties. The salary for a full-time executive officer, if any, shall be fixed by the governor pursuant to RCW 43.03.040.

(3) 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.

(4) The commission shall conduct a study to determine the capacity of correctional 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 which shall be consistent with such capacity.

(5) The commission shall study the existing juvenile justice code and from time to time make recommendations to the legislature for modification.

(6) The commission shall adopt its own bylaws.

NEW SECTION. Sec. 4. The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1995, from the general fund to the juvenile disposition standards commission for the purposes of this act.