SENATE 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 Amended by House, 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: Human Services & Corrections: 1/20/11, 2/17/11 [DPS].

Passed Senate: 3/02/11, 49-0.Passed House: 4/07/11, 92-0.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report: That Substitute Senate Bill No. 5097 be substituted therefor, and the substitute bill do pass.

Signed by Senators Hargrove, Chair; Regala, Vice Chair; Stevens, Ranking Minority Member; Baxter, Carrell, Harper and McAuliffe.

Staff: Jennifer Strus (786-7316)

Background: When any youth enters the Juvenile Rehabilitation Administration (JRA) system, JRA evaluates the youth for various vulnerabilities and places the youth in accordance with those vulnerabilities. JRA does not have a specific screening tool to use with youth who are, or are suspected of being, developmentally disabled. JRA does notify 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 DDD.

Summary of Substitute Bill: A workgroup is established, within funds appropriated or otherwise available for the workgroup, to address issues relating to juveniles with developmental disabilities who are confined in juvenile detention or correctional facilities. The workgroup 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 JRA. The following are members of the workgroup:

By December 1, 2011, the workgroup 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 workgroup, it is to develop the following:

The workgroup expires on January 1, 2013.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: Yes.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: PRO: Developmentally disabled (DD) youth enter detention facilities generally very depressed and often the target of other more sophisticated juvenile offenders. In Benton-Franklin Counties alone, 33 DD youth have come to the attention of juvenile court staff over the last three years. Other courts across the state are facing similar challenges: a lack of a screening tool for early identification of DD youth; a lack of information and coordination of services in the community; and a lack of a proactive intervention plan that meets the needs of the youth and the community. Many of these youth are released from detention having been found incompetent by the court with no new support or services in place in the community. Many of the parents do not know where to turn and don't have the personal resources to provide alternatives. The hope is that this bill will force a critical statewide discussion about the particular needs of these youth. The screening bill that was developed for use in the adult system as a result of a bill during the 2009 session can be adapted for use with DD youth, thus saving some costs of developing the tool.

CON: DDD and JRA have concerns that some of the language in the bill that pertains to DSHS would create a fiscal impact to DSHS that is not addressed in the Governor's proposed 2011-13 budget.

Persons Testifying: PRO: Senator Delvin, prime sponsor; Carolyn Cox, Benton-Franklin Parent Coalition; Ed Holen, DD Council.

CON: Linda Rolfe, Division of Developmental Disabilities, DSHS.

House Amendment(s): Adds that the provisions of the bill must be accomplished within current funding.