2907.HBR

HOUSE BILL REPORT

HB 2907

As Reported By House Committee On:

Appropriations

Title: An act relating to violence prevention.

Brief Description: Relating to violence prevention.

Sponsors: Representatives Morris, Long, Appelwick, Ballasiotes, Thibaudeau, Cooke, J. Kohl, L. Johnson, Lemmon, Caver, Jones and Rayburn.

Brief History:

Reported by House Committee on:

Appropriations, February 8, 1994, DPS.

HOUSE COMMITTEE ON APPROPRIATIONS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 24 members: Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Linville; Peery; Sehlin; Sheahan; Stevens; Talcott; Wang; Wineberry and Wolfe.

Minority Report: Do not pass. Signed by 3 members: Representatives Leonard; H. Myers and Rust.

Staff: Kristen Lichtenberg (786-7156); Antonio Sanchez (786-7383); Dave Knutson (786-7156); Bill Perry (786-7123); Pat Shelledy (786-7149); and Victor Moore (786-7143).

Background:

JUVENILE COURT JURISDICTION.

Juvenile Court and Family Court Jurisdiction. The Juvenile Court has exclusive original jurisdiction over juveniles under age 18 who have allegedly committed offenses. Under certain circumstances, the Juvenile Court may hold a hearing to determine whether to decline to exercise its jurisdiction over a juvenile offender. After the hearing, the court may transfer the juvenile for prosecution as an adult to adult criminal court.

The Juvenile Court is a division of the Superior Court. The Family Court is not technically a division of the Superior Court; however, the judges act as the "Family Court" when considering cases involving divorce, custody, visitation and child support. The Juvenile Court considers cases involving dependencies and crimes committed by juveniles. One juvenile may be involved in various court systems at the same time, depending on whether the juvenile is simultaneously a dependent of the state, an offender or a child of parents involved in a divorce. Although the barrier between "Family Court" and "Juvenile Court" is artificial, it currently prevents one court from considering various issues affecting the same child.

Review of the potential disproportionate impact of the juvenile offender system upon youth of color. Last year, the Legislature passed HB 1966, which implemented some of the recommendations of a study on racial discrimination in the juvenile justice system. One provision of HB 1966 directed the Office of the Administrator for the Courts to convene a working group to develop standards and guidelines for the prosecution of juvenile offenders. The work group is scheduled to submit its recommendations to the Legislature by December 1, 1994.

CRIMES.

Theft of Firearms. A person is guilty of theft in the second degree if the person steals a firearm having a value less than $1,500. Theft in the second degree is a class C felony. It has a seriousness level of I on the adult Sentencing Reform Act grid. The presumptive range for a first-time adult offender who commits theft in the second degree is 0 - 60 days in jail. If the firearm's value is greater than $1,500, the adult is guilty of theft in the first degree, which is a class B felony and which has a seriousness level of II on the grid. The presumptive range for crimes at seriousness level II is 0 - 90 days in jail for first-time offenders. If a person is in possession of a stolen firearm, regardless of its value, the person is guilty of possession of stolen property in the second degree, which is a class C felony at seriousness level I.

Special rules apply to dispositions imposed on juvenile offenders who commit theft in the first or second degree or possession of stolen property in the first or second degree. Under current law, depending upon the juvenile's criminal history, the prosecutor may divert a minor from prosecution for committing theft in the second degree or possession of stolen property in the second degree. If the juvenile is under age 17, the juvenile may be considered a "minor or first offender" depending on the offender's criminal history. Minor or first offenders' presumptive dispositions do not include detention as a disposition option. The actual disposition that a court may impose upon a juvenile depends on a variety of factors, including the juvenile's age, alleged offense, criminal history and recency of that criminal history.

Reckless Endangerment in the First Degree. Reckless endangerment in the first degree is charged when a person recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person, and the discharge is either from a motor vehicle or from the immediate vicinity of a motor vehicle that was used to transport the shooter to the scene of the discharge. Reckless endangerment in the first degree is a class C felony and is ranked at seriousness level II on the adult sentencing grid. The standard range for seriousness level II is 0 - 90 days in jail for a first-time offender.

Unlawful Possession of a Firearm; Delivery of a Firearm. Under current law, juveniles under age 14 may not possess firearms except under limited circumstances. Currently, unlawful possession of a firearm is a misdemeanor. Juveniles who commit this offense may be diverted and may be considered minor or first offenders depending on their age. Presumably, a minor may also be adjudicated of the offense of delivery of a firearm to another minor, which is also a misdemeanor.

JUVENILE DISPOSITION STANDARDS.

Offender Categories. The current juvenile justice system bases the type and length of a juvenile's disposition (sentence) on several factors, including the juvenile's offender category. Juvenile offenders are characterized as "minor or first offenders," "middle offenders," or "serious offenders," depending on their age and criminal history.

Minor or first offenders are 16 years of age or younger whose criminal history falls entirely within one of the following categories:

(1)(a) four misdemeanors;

(b) two misdemeanors;

(d) three gross misdemeanors; or

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

(3)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; burglary in the second degree; robbery in the second degree; residential burglary; vehicular homicide; or arson in the second degree.

The standard range disposition for minor or first offenders does not include detention time.

A serious offender, by contrast, is an offender who is 15 or older and whose current offense is a class A felony, an attempted class A felony, manslaughter 1, or a designated class B felony in which the offender either is armed with a deadly weapon or inflicts bodily harm upon another.

Middle offenders are juvenile offenders who are neither minor/first nor serious offenders.

Accordingly, the middle offender category includes both a 17 year old who commits a minor offense and a 14 year old who commits a class A felony.

Diversion. Some juveniles must or may be "diverted" from the juvenile justice system when they commit an offense. A diverted youth is referred to a county diversion unit, which is a probation counselor or any other person or entity with whom the Juvenile Court administrator has contracted to arrange and supervise the juvenile's compliance with a "diversion agreement." Some Juvenile Court administrators contract with "community accountability boards" to act as diversion units.

An alleged offender may be diverted for some class C felonies in the discretion of the prosecutor, depending on the offender's criminal history and other factors. Under current law, a juvenile offender accused of reckless endangerment in the first degree, theft in the second degree, possession of stolen property in the second degree, or unlawful possession or delivery of a firearm may be diverted if the offender otherwise meets the criteria for diversion.

Diversion agreements may include community service hours, restitution, counseling and a fine.

Statutory Standard Disposition Ranges. Current law establishes a determinate sentencing system for juveniles. The standard range bases the type and length of a juvenile's disposition (sentence) on several factors:

!the juvenile's offender category: minor/first, middle, or serious offender;

!the type and recency of the juvenile's criminal history; and

!the current offense.

As an alternative to the standard range, courts can declare a manifest injustice and impose a lighter or stiffer disposition. Certain sex offenders are also eligible for the special sex offender disposition alternative (SSODA), under which their confinement is suspended on condition they receive treatment.

When sentencing a juvenile, the court uses a different schedule depending on the juvenile's offender category. These schedules contain disposition ranges based upon the juvenile's "points." Points are determined by assigning a score to the juvenile's age and current offense and increasing this score based upon the type and recency of the juvenile's criminal history.

Ranges for Minor/First and Middle Offenders. For both minor/first and middle offenders, the standard disposition ranges contain terms of community supervision (probation). Minor/first and middle offenders with the same number of points receive the same standard ranges of community supervision. The only difference is that middle offenders are eligible for detention time in addition to community supervision.

The standard range for a middle offender includes 30 days or less of detention time if the offender has fewer than 110 points. If the middle offender's point total exceeds 110, the standard range includes commitment to the Division of Juvenile Rehabilitation (DJR).

Option B. Instead of choosing a disposition within the standard range, courts can impose a determinate disposition of community supervision under Option B. For middle offenders, this disposition can include up to 30 days of confinement. To impose this confinement, the court must state aggravating or mitigating factors.

SSODA and Suspended Sentences. If a juvenile is convicted of certain sex offenses, the court can order a disposition within the standard range, and the court can suspend this disposition to permit the offender to receive treatment. This is known as the special sex offender disposition alternative (SSODA). During this time, the offender must comply with community supervision and other conditions.

Deferred and Suspended Dispositions. Other than under SSODA, the law prohibits courts from imposing deferred or suspended dispositions.

Consecutive Dispositions: Maximum Terms. When a disposition is imposed on a juvenile for two or more offenses, the terms run consecutively subject to specified limitations on the maximum term of community supervision, confinement, community service hours and a maximum fine that may be imposed. An additional cap on juvenile dispositions is that juveniles may not be confined for a period longer than an adult would be confined for the same offense.

Deadly Weapon Enhancements. The adult sentencing statutes permit deadly weapon sentence enhancements, but the juvenile statutes do not. If an adult commits certain offenses while the offender or an accomplice was armed with a deadly weapon, the prosecutor may file a special allegation alleging that the defendant was armed with a deadly weapon. If the trier of fact returns a special verdict finding that the defendant was armed with a deadly weapon when the offense was committed, the defendant must serve a mandatory minimum penalty in addition to whatever penalty the court imposes for the underlying offense. The additional penalty ranges are as follows:

!12 months for assault 2, assault of a child 2, escape 1, kidnapping 2, burglary 2, theft of livestock 1 or 2, or any drug offense;

!18 months for burglary 1; and

!24 months for rape 1, robbery 1 or kidnapping 1.

The mandatory minimum penalty applies to attempts and conspiracies as well. Rape 1, robbery 1 and kidnapping 1 are serious violent offenses. All of the other offenses are violent offenses, except burglary 2, theft of livestock 1 or 2, and escape 1. All of the offenses are either class A or B offenses, except theft of livestock 2, which is a class C felony, and some drug offenses.

Comparable provisions do not exist in the juvenile offender disposition code.

CURFEWS.

Concern over unsupervised nighttime activity by minors has periodically caused various local jurisdictions to enact curfew ordinances. The state Supreme Court, however, ruled such an ordinance unconstitutional in 1973. Although there is a statute (RCW 43.06.220) authorizing the Governor to impose a temporary curfew as part of a declaration of an emergency, there is no state law addressing the question of an ongoing curfew for minors.

The state Supreme Court decision declaring a curfew ordinance unconstitutional is Seattle v. Pullman, 82 Wn.2d 794 (1973). The decision struck down a Seattle curfew law on two grounds. The court found that the law violated due process because it was too vague and that it violated the police powers of the city because it failed to distinguish between innocent and harmful behavior.

The Seattle ordinance imposed a curfew from 10 p.m. to 5 a.m. on persons under the age of 18. It made it illegal to "loiter, wander or play" on streets, sidewalks, highways, alleys, parks or other public places, or to be in an automobile during the curfew. Three exceptions were provided. First, the curfew did not apply to a minor who was accompanied by a parent or guardian. Second, it did not apply to a minor who was traveling by "direct route" to work while carrying evidence that his employment was approved by the proper authorities. Third, the curfew did not apply to a minor who was traveling by direct route to a religious or educational activity while carrying written permission from a parent or guardian.

In holding the Seattle ordinance unconstitutionally vague, the court declared that the words "loiter, idle, wander or play" did not provide "ascertainable standards" so that a reasonable person could know what behavior is prohibited. Vagueness, however, was not the only defect the court found. In holding the ordinance unconstitutionally beyond government's police powers, the court declared the ordinance was not reasonably related to some permissible goal. The court noted that there was not the "requisite connection" between the legitimate end of protecting minors from abuse and the means employed which amounted to "the invasion of protected freedoms." The court stated that:

"Prima facie, mere sauntering or loitering on a public way is lawful and the right of any man, woman, or child." Pullman, at page 800, quoting Commonwealth v. Carpenter, 325 Mass. 519 (1950).

In a 1990 decision upholding a Seattle panhandling ordinance, the court cited Pullman with implicit approval. In Seattle v. Webster, 115 Wn.2d 635 (1990), the court upheld the panhandling law because, unlike the curfew ordinance in Pullman, it did not ban "mere sauntering or loitering on a public way." The panhandling ordinance required proof of specific intent to violate a law, i.e., to obstruct pedestrian or vehicular traffic.

Although the state Supreme Court has spoken directly on the issue of the constitutionality of curfews, there is no U.S. Supreme Court ruling directly on the issue of curfews for minors.

RUNAWAYS.

When a child runs away from home, law enforcement officers are required by statute to pick up the child and either return the child home, take the child to a crisis residential center, or take the child to the home of a responsible adult. Law enforcement officers have a difficult time returning children home when they are illegally harbored by adults.

ADMINISTRATION OF JUVENILE JUSTICE.

Structuring of the Division of Juvenile Rehabilitation. The state agency responsible for juvenile offenders is the Department of Social and Health Services (DSHS, or the department). The secretary of DSHS is a cabinet-level position, and the law gives the secretary broad authority to create administrative structures within the department, except as otherwise required by law. The DSHS secretary appoints assistant secretaries to administer the divisions within DSHS. Currently, the assistant secretary for Children, Family and Youth Services (CFYS) has jurisdiction over juvenile rehabilitation; within CFYS, the Division of Juvenile Rehabilitation (DJR) fulfills the department's responsibilities for juvenile offenders. CFYS receives 7.1 percent of the department's total budget, and DJR receives 28.8 percent of the CFYS budget; meaning that DJR receives only 2 percent of the DSHS budget.

Warrant Authority. The Fourth Amendment to the United States Constitution requires that an arrest warrant be issued by a "neutral and detached" magistrate who is capable of determining the existence of probable cause. The Fourth Amendment does not prohibit non-judges from issuing warrants, but the constitution does require severance of the warrant process from activities of law enforcement.

In Washington, the secretary of the Department of Corrections has narrow warrant-issuing authority. When the secretary grants a furlough to a prisoner, and either the prisoner violates furlough terms or the secretary revokes the furlough, the secretary has the statutory authority to issue an arrest warrant for the prisoner. Similarly, community corrections officers have the authority to cause the arrest without a warrant of offenders who violate terms of their sentences.

Juvenile Disposition Standards Commission. The Juvenile Disposition Standards Commission (JDSC) proposes juvenile disposition standards to the Legislature. The JDSC is chaired by the secretary or the secretary's designee, and includes nine other members appointed by the Governor. Members serve three-year terms.

The JDSC reviews the effectiveness of existing disposition standards, reviews application of the juvenile justice laws for disproportionality, and recommends modifications of disposition standards.

JUVENILE BASIC TRAINING CAMPS.

DJR is responsible for providing a continuum of preventative, rehabilitative, residential and supervisory programs and services that hold juvenile offenders accountable for their behavior, protect the public and eliminate repetitive criminal behavior. The system provides programs designed to provide specific treatment interventions designed to reduce illegal behavior, avoid idleness, promote the work ethic and enhance self improvement opportunities.

DJR currently does not administer a basic training program. The department does, however, administer two active forest camp programs; one in Naselle Youth Camp and the other at Mission Creek Youth Camp. These programs are conducted in conjunction with the Department of Natural Resources. Offenders participating in these programs are required to perform hard physical work in the forest such as thinning and planting trees and suppressing fires in addition to attending basic education classes.

Most, but not all, correctional basic training camps are styled after the military model for basic training. A basic training camp contains two major characteristics:

1.a basic training atmosphere, with strict rules and discipline; and

2.participation in work programs, skill development training, drills and physical training by the offenders.

Currently, King County is the only government entity in the state that has approved a juvenile basic training program. This program has not been started because of siting difficulties.

Juvenile basic training camp programs have been started with federal support in Alabama, Colorado, and Ohio. Other states, including California, have funded their own programs.

Summary of Substitute Bill:

JUVENILE COURT JURISDICTION.

Family Court and Juvenile Court. The Family Court will have concurrent original jurisdiction with the Juvenile Court over all Juvenile Court proceedings.

Review of the potential disproportionate impact of the juvenile offender system upon youth of color. To reduce the likelihood that implementation of the law governing juvenile offenders will differentially and unjustifiably affect youth of color, all youth prosecuted under the juvenile code must be charged according to prosecutorial standards which must be racially neutral and equitably applied. Prosecutors must also apply those guidelines when filing charges which will result in a juvenile under age 18 being prosecuted as an adult under the new jurisdiction provision.

CRIMES.

Theft of Firearms. A new crime of theft of a firearm is created. A person is guilty of theft of a firearm if the person steals a firearm, possesses a stolen firearm, delivers a stolen firearm, possesses with intent to deliver a stolen firearm or sells a stolen firearm. Theft of a firearm is a class B felony.

The seriousness level on the Sentencing Reform Act grid, which applies to adults, is level VI. The presumptive range for a first-time offender convicted of theft of a firearm is 12+ - 14 months in prison.

Theft of a firearm will by default be given a seriousness level "B" on the juvenile disposition grid. The Juvenile Disposition Commission is directed to advise the Legislature at what seriousness level theft of a firearm should be placed on the juvenile grid. The recommendation should be made no later than November 1, 1994. Juveniles who commit theft of a firearm may not be considered minor or first offenders, and they may not be diverted because it is a class B felony. A juvenile who is adjudicated of theft of a firearm must be committed to DSHS for a minimum of 180 days. DSHS may not release the offender prior to the expiration of 180 days' confinement.

Reckless Endangerment in the First Degree. Reckless endangerment in the first degree's seriousness level is raised from a level II to a level VI, and its classification is raised to a class B felony.

The presumptive range for a first-time adult offender at seriousness level VI is 12+ - 14 months in prison.

The Juvenile Disposition Commission is directed to advise the Legislature at what seriousness level to place reckless endangerment in the first degree on the juvenile offender grid. That recommendation should be made by November 1, 1994. A juvenile adjudicated of reckless endangerment in the first degree may not be diverted and may not be a minor or first offender.

JUVENILE DISPOSITION STANDARDS.

JUVENILE DISPOSITION STANDARDS PART I--EFFECTIVE JULY 1, 1994.

Offender Categories. The reference to "minor or first offenders" is changed to "minor offenders." A juvenile whose current offense is a felony cannot be a minor offender. The reference to age is deleted; any juvenile who commits a minor offense is a minor offender.

Similarly, the reference to age in the definition of serious offender is deleted. All juveniles who commit class A or selected class B felonies are "serious offenders."

Diversion. Juvenile Court administrators are expressly authorized to contract with "community accountability boards" to act as diversion units. "Community accountability boards" are defined.

Only first-time misdemeanants and gross misdemeanants are eligible for mandatory diversion. The prosecutor must file charges if the current offense is a felony and the offender has a history of any felony or more than two misdemeanors or gross misdemeanors.

A juvenile may not be diverted if he or she commits a class C felony that is a violation of the crime of delivery of a firearm, unlawful possession of a firearm or reckless endangerment in the first degree. Because the new crime of theft of a firearm is a class B felony, juveniles may not be diverted for that crime.

In addition to the existing requirements, a diversion agreement may contain requirements to remain at home, school or work, and restrictions on leaving or entering specified geographical areas.

Parents must be parties to diversion agreements, and the diversion authority must consult parents before imposing penalties under a deferral agreement.

Statutory Standard Ranges.

SSODA Violations. If a juvenile offender is sentenced under the special sex offender disposition alternative, the court may impose up to 30 days confinement for violations of the disposition conditions. Confinement imposed for violations shall run consecutively with any confinement imposed as part of the disposition.

Community Supervision Violations. When a juvenile offender wilfully violates terms of community supervision, the court can impose further community supervision conditions, in addition to the confinement already permitted by the statute.

Suspended Sentences and Option B. The bill gives the court authority to impose a suspended sentence under Option B. When a middle offender has fewer than 110 points, and the presumptive range therefore does not include commitment to DJR, the court may use "Option B" to impose a determinate sentence of community supervision and up to 30 days of detention. If the middle offender has more than 110 points, and the range thus requires commitment to DJR, the court may impose the statutory term of commitment, but it may suspend this commitment on condition that the offender serve up to 30 days of confinement and comply with community supervision. If the offender fails to comply with the community supervision conditions, the court may either use the statutory sanctions for community supervision, or the court may revoke the suspended disposition and order execution of the term of commitment. To impose confinement under this option, the court must state aggravating or mitigating factors.

If a juvenile is released due to overcrowding, the department must inform the sentencing court at the time of release, not at the end of the calendar year.

The definition of confinement is expanded to include group homes, foster homes, electronic monitoring, inpatient substance abuse treatment and electronic monitoring.

If a court is unable to impose a disposition option due to a lack of funds, services, or bed space the court will make a finding to this effect in the disposition order. The Juvenile Disposition Standards Commission will track and report on such findings.

Deadly Weapon Enhancements. If an adult commits a serious violent offense or a violent offense while the offender or an accomplice was armed with a deadly weapon, the mandatory minimum penalty will be 36 months in addition to the penalty imposed for the underlying offense. The mandatory minimum also applies to escape 1, burglary 2, theft of livestock 1 or 2, or any drug offense.

The juvenile disposition code is amended to adopt deadly weapon enhancements similar to those in the adult system. If a juvenile or an accomplice was armed with a deadly weapon when committing one of the felony offenses designated for adult penalty enhancement, the juvenile will be committed to DSHS for one year in addition to any term of confinement ordered for the underlying offense. The juvenile may not be released by the department before the year expires. The one-year enhancement also applies to anticipatory offenses. Juveniles armed with a deadly weapon when committing an offense may not be diverted.

Minimum Terms--Unlawful Possession of a Firearm; Delivery of a Firearm. A juvenile adjudicated of unlawful possession of a firearm shall be committed to DSHS for a minimum of 60 days. The department shall not release the offender before the expiration of the 60-day term.

A juvenile adjudicated of delivery of a firearm shall be committed to the department for a minimum term of 120 days.

Consecutive Dispositions: Maximum Terms. Disposition terms run consecutively or concurrently, at the court's discretion. If a juvenile is adjudicated for theft of a firearm, unlawful possession of a firearm, delivery of a firearm or committing a crime while armed with a deadly weapon, and the juvenile is also adjudicated for other offenses at the same time, the limitations ordinarily imposed on the juvenile's maximum term for consecutive dispositions do not apply, except for the overall limitation that a juvenile may not be committed for a longer period than an adult for the same offense.

Deferred Adjudication and Out-of-Home Placements. Before adjudication, the court may grant a one-year deferral of adjudication and impose a term of community supervision. If the juvenile complies, the court dismisses the case with prejudice. If the juvenile fails to comply, the court enters an order of adjudication and a disposition; the juvenile waives procedural rights. Juveniles are not eligible for deferral if charged with a sex or violent offense, or if they have a prior deferred adjudication. The state does not assume an ongoing funding obligation for deferred adjudication and out-of-home placement.

In addition to imposing community supervision, the court can order an out-of-home placement if the juvenile is in need of supervision, the placement is in the juvenile's best interests, and reasonable efforts have been made to prevent out-of-home placement. Courts make direct out-of-home placements and must first consider placement with a relative. The receiving agency or person can move at any time for a change of placement; courts also undertake a 90-day administrative placement review. Placements are subject to available beds.

Local Law and Justice Council Juvenile Justice Advisory Committees. Local law and justice councils shall establish juvenile justice advisory committees, which shall include Juvenile Court administrators and citizens. The advisory committees shall monitor juvenile dispositions, rehabilitation and proportionality. The committees shall report to the JDSC.

Courts to Establish Standards. Judges shall establish standards to guide the court's discretion at important stages of juvenile proceedings, i.e., deferring adjudication, suspending a sentence and setting of rehabilitative goals. These standards will be particularly needed upon the effective date of part II of this bill.

CURFEWS.

Persons under the age of 17 are prohibited from being in public between the hours of midnight and 5 a.m.

Exceptions are provided for:

A.youths accompanied by a parent, or by another person at least 21 years old who have a parent's authorization;

B.youths traveling to or from religious, political or school activities;

C.youths traveling to or from work; and

D.youths in public due to some reasonable necessity.

Police may stop and detain youths to determine their ages, names and addresses. A youth in violation of the curfew may be taken to his or her home, or to a residential center or other facility with adult supervision.

A second curfew violation during the same curfew period is a misdemeanor.

A local government may choose not to have the curfew apply within its jurisdiction. A local government may also adopt a local curfew ordinance, so long as it is not more restrictive or punitive than the state curfew.

RUNAWAYS.

Law enforcement officers will pick up runaways and either return them to their parent or guardian, take them to a crisis residential center or take them to a responsible adult after parental notification. Responsible adults will be able to receive runaways after law enforcement officers notify or attempt to notify the child's parent or guardian. Law enforcement officers will remove a child from an adult illegally harboring the child and return the child home. The crime of illegally harboring a child is increased from a misdemeanor to a gross misdemeanor. The department will maintain a toll-free hotline to assist parents of runaways. The Criminal Justice Training Commission will ensure law enforcement agencies will accurately describe juvenile runaway statutes.

ADMINISTRATION OF JUVENILE JUSTICE.

Assistant Secretary Position for DJR. The bill requires the secretary to appoint an assistant secretary to administer the department's juvenile rehabilitative responsibilities. The bill imposes specific statutory responsibilities on the assistant secretary, including:

!preparing a budget request sufficient to meet DJR's forecast needs;

!creating, by rule, a formal inmate classification system;

!developing substance abuse treatment programs;

!developing vocational education programs;

!developing regional facilities in cooperation with local authorities;

!developing disciplinary policies;

!developing procedures to evaluate residents for learning disabilities, fetal alcohol syndrome, etc; and

!studying vocational education needs among residents and reporting to the Legislature.

Warrant Authority. The bill gives the assistant secretary the authority to issue arrest warrants for juveniles who escape from the department's residential custody.

Legislative Study Committee. The bill establishes a legislative study committee to review the implementation and administration of Title 13's provisions relating to juvenile offenders. Specifically, the committee shall review local jurisdictions' ability to administer juvenile justice.

Commitment Caps. The department may not condition disbursal of funds to counties on counties' compliance with commitment caps.

JUVENILE BASIC TRAINING CAMPS.

The Department of Social and Health Services is required to establish and operate a juvenile offender basic training camp. Available state, military or federal facilities or land must be considered when the camp is sited by the department. The operation of the basic training camp can be by a private contractor or federal, state or local government, including the National Guard. The camp must accommodate at least 70 beds.

Juvenile Offender Basic Training Camp Model. The basic training camp program must be a structured and regimented model. Program components include: basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling and structured intensive physical training.

Length of the Program. Juvenile offender participants in this program spend the first 120 days of this sentence in basic training camp. After successful completion of the camp, offenders are required to spend the remainder of their sentences in an intensive after-care parole program. If individuals are removed from the program because of discipline problems, they are required to spend the remainder of their sentences in a juvenile institution.

Eligibility. Only juvenile offenders committed to a sentence of between 52 and 78 weeks are eligible to be sentenced to the basic training camp. Violent and sex offenders are barred from the program. The court commits the offender to the department, and the department places eligible juveniles in the camp.

Offenders with physical or mental health difficulties are screened to determine if participation in the program would jeopardize their performance or health.

Post-Program Follow-Up. The department is required to develop a comprehensive post-program follow-up component for all participants who successfully complete the basic training camp. The follow-up component assists the offenders to successfully reintegrate into the community.

Post-Program Data and Reports. The Department of Social and Health Services is required to develop and maintain data on the recidivism rates of participants of the juvenile offender basic training camp program for a period of two years after they have completed the program. The department is also required to maintain information on the criminal activity, educational progress and employment activities of all program participants.

An outcome evaluation report on the progress of the juvenile offender basic training program must be completed by the Department of Social and Health Services by December 12, 1996.

JUVENILE DISPOSITIONS PART II--EFFECTIVE JANUARY 1, 1995.

Dispositions Based on Current Offense. The bill eliminates the "grid" and establishes a primarily indeterminate system, which is based on judicial discretion and a less rigid statutory plan. Juveniles receive dispositions based on their current offense and rehabilitative needs, not on their "points."

Juveniles adjudicated of misdemeanors or gross misdemeanors will receive a term of community supervision. The court may also impose up to 30 days of confinement if the juvenile has prior criminal history. If the court finds a manifest injustice, the court can commit the juvenile to the department.

Juveniles adjudicated of class B or C felonies not against persons and not involving harassment will receive a term of community supervision and five to 60 days of confinement. The mandatory minimum for firearms crimes remains in effect. The court may commit the juvenile to the department for more than 60 days if the court finds a manifest injustice or the juvenile has a significant criminal history sufficient to constitute an aggravating factor. The court may suspend all or a portion of the commitment or confinement.

Juveniles adjudicated of class B or C felonies against persons will receive a disposition that includes community supervision and from five days' confinement to 129 weeks' commitment to the department. To commit for more than 129 weeks, the court must find a manifest injustice. The court may suspend all or a portion of the commitment or confinement.

Juveniles adjudicated of class A felonies, attempted class A felonies, sex or violent offenses or offenses in which the court enters a finding that the juvenile was armed with a deadly weapon, shall receive a determinate term of 52 to 224 weeks' confinement to the department. The court may go outside the standard range upon a manifest injustice finding. When a court commits a sex offender to the department, at the time of the disposition the court shall order a term of post-release supervision, which shall be in addition to parole.

SSODA will remain a disposition option for certain sex offenders. Offenders on SSODA will receive a minimum of two years' community supervision.

Dispositions for two or more offenses run concurrently or consecutively.

Rehabilitative Dispositions. When the court imposes a term of commitment to the department, the court enters a finding of rehabilitative goals to be achieved by the juvenile during commitment. After the juvenile has served 60 percent of the commitment, the department shall report to the sentencing court on the juvenile's rehabilitative progress. The court must then set a release date, which shall be at or before the expiration of the commitment term. The department shall establish by rule standards to determine good behavior and progress toward rehabilitative goals.

The court can declare a manifest injustice if a sentence within the standard range would not promote the juvenile's best rehabilitative interest.

Before disposition, the county shall evaluate the juvenile's rehabilitative needs and shall provide this report to the court. The court shall consider the report when setting a disposition.

Juvenile Disposition Standards Commission. The bill enlarges membership on the JDSC, makes it more independent, and provides a research staff. It assigns additional responsibilities, including the duty to evaluate dispositions in light of juveniles' rehabilitative needs.

The commission shall implement a tracking program to determine recidivism rates for all juvenile offenders, particularly those who receive disposition alternatives such as suspended confinement or deferred adjudication.

Substitute Bill Compared to Original Bill: The original bill was not considered. All material in the original bill was replaced by the substitute.

Fiscal Note: Requested February 8, 1994.

Effective Date of Substitute Bill: With the exception of Sections 801 through 815, the bill takes effect on July 1, 1994. Sections 801 through 815 take effect January 1, 1995.

Testimony For: The juvenile justice system needs a complete overhaul. Juvenile rehabilitation has been neglected and lacks an advocate. Judges need flexibility to impose appropriate dispositions. Performance-based dispositions will improve rehabilitation. Law enforcement needs tools to address the problem of children on the streets. Basic training camps are an important sentencing alternative.

Testimony Against: An indeterminate disposition system will result in unpredictable and disproportionate sentences. Deferred prosecution and suspended confinement are ineffective. Creating additional bureaucracy will thwart DSHS's attempts to save money and will impair executive prerogative. Curfews are unconstitutional and will result in unfair enforcement.

Witnesses: Representative Betty Sue Morris, prime sponsor (pro); Representative Jeanine Long (pro); Margaret Casey, Juvenile Court Administrators' Association, Superior Court Judges' Association, and Washington State Catholic Conference (pro on parts); Laurie Liphold, Children's Alliance (pro on parts); Tom McBride, Washington Association of Prosecuting Attorneys (pro on parts and con on parts); and Sid Sidorowicz, Acting Director, Division of Juvenile Rehabilitation (con).