S-0372.1  _______________________________________________

                         SENATE BILL 5188

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Roach, Smith and Long

Read first time 01/13/95.  Referred to Committee on Law & Justice.

Creating a juvenile disposition standards subcommittee under the sentencing guidelines commission.

    AN ACT Relating to juvenile disposition standards; and amending RCW 13.40.025, 13.40.027, and 13.40.030.

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

    Sec. 1.  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)) subcommittee under the sentencing guidelines commission.  The subcommittee shall be composed of ((the secretary or the secretary's designee and the following nine members appointed by the governor, subject to confirmation by the senate:  (a))):  (1)  A superior court judge; (((b))) (2) a prosecuting attorney or deputy prosecuting attorney; (((c))) (3) a representative from law enforcement ((officer)); (((d) an administrator of)) (4) a juvenile court ((services)) administrator; (((e))) (5) a public defender actively practicing in juvenile court; (((f))) (6) a ((county legislative official or)) representative from county ((executive)) government; and (((g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders.  In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the member who is a superior court judge; of Washington prosecutors in respect to the prosecuting attorney or deputy prosecuting attorney member; 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 shall serve as chairman 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 term; and (b) four members shall serve a three-year term.  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) a representative from the juvenile rehabilitation administration.  The members of the subcommittee shall be selected from the above groups in the same manner as members of the sentencing guidelines commission as set forth in RCW 9.94A.060.  The sentencing guidelines commission shall provide staff support to the subcommittee.

    Sec. 2.  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)) subcommittee 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 subcommittee shall report to the sentencing guidelines commission by August 30 of each year, on the effectiveness of current disposition standards and proposed legislative changes.

The juvenile rehabilitation administration shall provide all available data to subcommittee staff concerning juvenile dispositions within the administration and report on the effect of current statutes on the performance of the administration's responsibilities.

    Sec. 3.  RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

    (1)(a) The juvenile disposition standards ((commission)) subcommittee shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses.  The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s).  Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days.  No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days.  Disposition standards recommended by the ((commission)) subcommittee shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months.  Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.  In developing recommended disposition standards, the ((commission)) subcommittee shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

    (b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender.  Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year.  At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year.  The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary.  The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

    (2) In developing recommendations for the permissible ranges of confinement under this section the ((commission)) subcommittee shall be subject to the following limitations:

    (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

    (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

    (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

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