2536-S

AN ACT Relating to juvenile offenders; amending RCW 43.20A.090, 13.40.020, 13.40.025, and 13.40.027; adding new sections to chapter 13.40 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the incidence of juvenile crime has escalated at an alarming rate, and that the state's juvenile rehabilitation system needs major adjustments in order to respond.

The current system lacks adequate bed space, adequate population forecasting, an effective sentencing scheme, an appropriate inmate classification system, and sufficient judicial discretion in sentencing young offenders.

These defects have often resulted in sentences that are driven by fiscal policy, and not by rehabilitative or punitive principles; and

Washington must develop a juvenile offender rehabilitation system that truly emphasizes public safety, offender responsibility, and offender rehabilitation.

Sec. 2. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:

The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13,40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

Sec. 3. RCW 13.40.020 and 1993 c 373 s 1 are each amended to read as follows:

For the purposes of this chapter:

(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

(a) A class A felony, or an attempt to commit a class A felony;

(b) Manslaughter in the first degree; or

(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;

(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(4) Community-based sanctions may include one or more of the following:

(a) A fine, not to exceed one hundred dollars;

(b) Community service not to exceed one hundred fifty hours of service;

(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;

(10) "Department" means the department of social and health services;

(11) "Detention facility" means a county facility for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order and includes a county group home, foster care home, inpatient drug treatment program, locally or regionally operated juvenile boot camp, and electronic monitoring;

(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person or entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;

(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

(16) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile, or would impose a serious, and clear danger to society in light of the purposes of this chapter or would fail to promote the juvenile's rehabilitative needs;

(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

(18) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:

(a) Four misdemeanors;

(b) Two misdemeanors and one gross misdemeanor;

(d) Three gross misdemeanors;

(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;

(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.

For purposes of this definition, current violations shall be counted as misdemeanors;

(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

(22) "Secretary" means the secretary of the department of social and health services;

(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

(28) "Assistant secretary" means the assistant secretary for juvenile rehabilitation within the department of social and health services.

NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

The assistant secretary shall:

(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

(2) Create by rule a formal system for inmate classification. This classification system shall consider:

(a) Public safety;

(b) Internal security and staff safety; and

(3) Develop substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

(4) Develop vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions;

(5) Work with local jurisdictions to develop regional facilities with a variety of custody levels;

(6) Develop by rule effective disciplinary policies to maintain order within institutions; and

(7) Develop a comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, and mental health.

NEW SECTION. Sec. 5. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.

NEW SECTION. Sec. 6. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.

NEW SECTION. Sec. 7. 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. 8. 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;

(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. 9. 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.

NEW SECTION. Sec. 10. The legislature finds that:

Local jurisdictions have difficulty administering and enforcing the laws related to juvenile offenders;

These difficulties include the local jurisdictions' abilities to arrest, adjudicate, confine, administer, and supervise juvenile offenders;

These difficulties have resulted in significant delays in the administration of justice to juvenile offenders;

These difficulties may be due to a number of factors, including, but not necessarily limited to, resource limitations within the various units of government charged with the responsibility for administering and enforcing laws related to juvenile offenders.

Therefore, effective July 1, 1994, a special legislative committee is created to assess the ability and needs of local jurisdictions to address adequately the administration of justice to juvenile offenders. Specifically, this committee shall review the implementation and administration of:

(1) Chapter 13.04 RCW, the basic juvenile court act;

(2) Chapter 13.06 RCW, consolidated juvenile services funding;

(3) Chapter 13.16 RCW, places of detention;

(4) Chapter 13.20 RCW, county detention facilities; and

(5) Chapter 13.40 RCW, the juvenile justice act of 1977.

The committee established under this section shall consist of the members of the law and justice committee of the senate and the corrections committee of the house of representatives. This committee shall meet and conduct hearings as often as is necessary to carry out its responsibilities under this section.

The special committee shall receive access to all relevant information necessary to monitor the conduct of agencies or employees. All confidential information received by the special committee under this section shall be kept confidential by members of the committee and shall not be further disseminated unless specifically authorized by state or federal law.

The special committee shall report its findings and make recommendations regarding the issues and chapters cited in this section in a report submitted to the legislature before the 1996 regular session of the legislature.

The special committee, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.