HOUSE BILL REPORT

SSB 5097

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House - Amended:

April 7, 2011

Title: An act relating to juveniles with developmental disabilities who are in correctional detention centers, juvenile correction institutions or facilities, and jails.

Brief Description: Concerning juveniles with developmental disabilities who are in correctional detention centers, juvenile correction institutions or facilities, and jails.

Sponsors: Senate Committee on Human Services & Corrections (originally sponsored by Senators Delvin, Kohl-Welles, McAuliffe and Chase).

Brief History:

Committee Activity:

Early Learning & Human Services: 3/17/11, 3/18/11 [DP];

Health & Human Services Appropriations & Oversight: 3/28/11 [DPA].

Floor Activity:

Passed House - Amended: 4/7/11, 92-0.

Brief Summary of Substitute Bill

(As Amended by House)

  • Establishes a work group to address issues relating to juveniles with developmental disabilities who are confined in juvenile detention or correctional facilities, and requires the work group to make recommendations to the Legislature.

  • Requires the work group, if recommended, to develop a simple screening tool, a model policy, cost effective training, and other tools to identify and assist juveniles who are confined and who may have a developmental disability.

HOUSE COMMITTEE ON EARLY LEARNING & HUMAN SERVICES

Majority Report: Do pass. Signed by 6 members: Representatives Kagi, Chair; Roberts, Vice Chair; Walsh, Ranking Minority Member; Hope, Assistant Ranking Minority Member; Goodman and Orwall.

Minority Report: Do not pass. Signed by 1 member: Representative Overstreet.

Staff: Linda Merelle (786-7092).

HOUSE COMMITTEE ON HEALTH & HUMAN SERVICES APPROPRIATIONS & OVERSIGHT

Majority Report: Do pass as amended. Signed by 11 members: Representatives Dickerson, Chair; Appleton, Vice Chair; Johnson, Ranking Minority Member; Schmick, Assistant Ranking Minority Member; Cody, Green, Harris, Kagi, Overstreet, Pettigrew and Walsh.

Staff: Amy Skei (786-7109).

Background:

When any youth enters the Juvenile Rehabilitation Administration (JRA) system, the JRA evaluates the youth for various vulnerabilities and places the youth in accordance with those vulnerabilities. The JRA does not have a specific screening tool to use with youth who are, or are suspected of being, developmentally disabled. The JRA notifies the Division of Developmental Disabilities (DDD) when a youth with developmental disabilities is to be released in order to determine whether that youth is eligible to receive any services provided by the DDD.

In 2009 the Legislature passed Engrossed Second Substitute House Bill 2078 which required the Developmental Disabilities Council and the Washington Association of Sheriffs and Police Chiefs to convene a work group. Among other things, the work group was required to develop a simple screening tool that may be used by jails as part of the intake process to identify adult offenders with a developmental disability or a traumatic brain injury and a model policy for use of the screening tool. In the August 2010 report, the work group provided a screening tool and a model policy.

Summary of Amended Bill:

A work group is created, within available resources, to address issues relating to juveniles with developmental disabilities who are confined in juvenile detention or correctional facilities. The work group is to be chaired by representatives of the Developmental Disabilities Council (DDC) and the Washington Association of Juvenile Court Administrators (WAJCA) and a representative of the JRA. The following are members of the work group:

By December 1, 2011, the work group is to develop recommendations and report to the appropriate committees of the Legislature relating to the following:

By September 1, 2012, if recommended by the work group, it is to develop the following:

The work group expires on January 1, 2013.

Appropriation: None.

Fiscal Note: Available on the original bill.

Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony (Early Learning & Human Services):

(In support) Court Administrators recognized that there are a lot more juveniles who are developmentally disabled and who are being held in juvenile detention facilities. Parents and advocates suggested that the facilities needed a screening tool to identify juveniles with developmental disabilities and to direct the parents to services for their children to get them out of juvenile detention. Juveniles with developmental disabilities frequently enter the system, and they can be depressed or the target of more sophisticated offenders. Parents do not understand where to turn, and they may not have the resources to look at other alternatives to help their children. The DDC will highly participate in the work group process. A similar work group process was effective for adults with developmental disabilities who have been detained in correctional or jail facilities. A screening tool has already been developed for adults, and the work group can start there when developing a tool for juveniles.

(Opposed) None.

Staff Summary of Public Testimony (Health & Human Services Appropriations & Oversight):

(In support) This bill is modeled after House Bill 2078, which was passed by the House of Representatives two years ago. That bill dealt with adults with developmental disabilities in prisons and correction facilities; this bill deals with juveniles. The DDC will underwrite the costs of the work group with monies allocated from its federal funds. The juvenile court administrators worked on the development of this bill. This will address the needs of youth with developmental disabilities in the juvenile justice system, particularly those who cycle through the detention process. The lack of a screening tool means that many youth may not be identified as developmentally disabled and may not be connected to appropriate services.

(Opposed) None.

Persons Testifying (Early Learning & Human Services): Senator Delvin, prime sponsor; Ed Holen, Developmental Disabilities Council; and Tom McBride, Association of Juvenile Court Administrators.

Persons Testifying (Health & Human Services Appropriations & Oversight): Ed Holen, Washington State Developmental Disabilities Council; Tom McBride, Washington Association of Juvenile Court Administration; Donna Obermeyer; and David Lord, Disability Rights of Washington.

Persons Signed In To Testify But Not Testifying (Early Learning & Human Services): None.

Persons Signed In To Testify But Not Testifying (Health & Human Services Appropriations & Oversight): None.