CERTIFICATION OF ENROLLMENT
SENATE BILL 6253
Chapter 232, Laws of 1996
(partial veto)
54th Legislature
1996 Regular Session
SENTENCING GUIDELINES COMMISSION--DUTIES REVISED
EFFECTIVE DATE: 6/6/96 - Except sections 1-8 which become effective on 3/28/96; section 9 which becomes effective on 7/1/96.
Passed by the Senate March 6, 1996 YEAS 46 NAYS 0
JOEL PRITCHARD President of the Senate
Passed by the House February 28, 1996 YEAS 94 NAYS 0 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6253 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
CLYDE BALLARD Speaker of the House of Representatives |
MARTY BROWN Secretary
|
Approved March 28, 1996, with the exception of section 10, which is vetoed. |
FILED
March 28, 1996 - 5:07 p.m. |
|
|
MIKE LOWRY Governor of the State of Washington |
Secretary of State State of Washington |
_______________________________________________
SENATE BILL 6253
_______________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996 Regular Session
By Senators Smith, Kohl and Long; by request of Sentencing Guidelines Commission
Read first time 01/09/96. Referred to Committee on Law & Justice.
AN ACT Relating to the sentencing guidelines commission; amending RCW 9.94A.040, 9.94A.060, 13.40.025, 13.40.030, 13.50.010, and 72.09.300; amending 1995 c 269 s 3603 (uncodified); adding a new section to chapter 9.94A RCW; creating a new section; repealing RCW 13.40.027; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94A.040 and 1995 c 269 s 303 are each amended to read as follows:
(1) A sentencing guidelines commission is established as an agency of state government.
(2) The legislature
finds that the commission, having accomplished its original statutory
directive to implement this chapter, and having expertise in sentencing
practice and policies, shall((, following a public hearing or hearings)):
(a) ((Devise a
series of recommended standard sentence ranges for all felony offenses and a
system for determining which range of punishment applies to each offender based
on the extent and nature of the offender's criminal history, if any;
(b) Devise
recommended prosecuting standards in respect to charging of offenses and plea
agreements; and
(c) Devise
recommended standards to govern whether sentences are to be served consecutively
or concurrently.
(3) Each of the
commission's recommended standard sentence ranges shall include one or more of
the following: Total confinement, partial confinement, community supervision,
community service, and a fine.
(4) In devising the
standard sentence ranges of total and partial confinement under this section,
the commission is subject to the following limitations:
(a) If the maximum
term in the range is one year or less, the minimum term in the range shall be
no less than one-third of the maximum term in the range, except that if the
maximum term in the range is ninety days or less, the minimum term may be less
than one-third of the maximum;
(b) If the maximum
term in the range is greater than one year, the minimum term in the range shall
be no less than seventy-five percent of the maximum term in the range; and
(c) The maximum term
of confinement in a range may not exceed the statutory maximum for the crime as
provided in RCW 9A.20.020.
(5) In carrying out
its duties under subsection (2) of this section, the commission shall give
consideration to the existing guidelines adopted by the association of superior
court judges and the Washington association of prosecuting attorneys and the
experience gained through use of those guidelines. The commission shall
emphasize confinement for the violent offender and alternatives to total
confinement for the nonviolent offender.
(6) This commission
shall conduct a study to determine the capacity of correctional facilities and
programs which 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 which shall be consistent with such capacity.
(7) The commission
may)) Evaluate state
sentencing policy, to include whether the sentencing ranges and standards are
consistent with and further:
(i) The purposes of this chapter as defined in RCW 9.94A.010; and
(ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.
The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;
(b) Recommend to
the legislature revisions or modifications to the standard sentence ranges,
state sentencing policy, prosecuting standards, and other standards. If
implementation of the revisions or modifications would result in exceeding the
capacity of correctional facilities, then the commission shall accompany its
recommendation with an additional list of standard sentence ranges which are
consistent with correction capacity((.));
(((8) The commission
shall)) (c) Study the existing criminal code and from time to time
make recommendations to the legislature for modification((.));
(((9) The commission
may (a))) (d)(i) Serve as a clearinghouse and information center for
the collection, preparation, analysis, and dissemination of information on
state and local adult and juvenile sentencing practices; (((b))) (ii)
develop and maintain a computerized adult and juvenile sentencing
information system by individual superior court judge consisting of offender,
offense, history, and sentence information entered from judgment and sentence
forms for all adult felons; and (((c))) (iii) conduct ongoing
research regarding adult and juvenile sentencing guidelines, use of
total confinement and alternatives to total confinement, plea bargaining, and
other matters relating to the improvement of the adult criminal justice
system((.)) and the juvenile justice system;
(((10) The staff and
executive officer of the commission may provide staffing and services to the
juvenile disposition standards commission, if authorized by RCW 13.40.025 and
13.40.027. The commission may conduct joint meetings with the juvenile
disposition standards commission.
(11) The commission
shall)) (e) Assume the
powers and duties of the juvenile disposition standards commission after June
30, ((1997.)) 1996;
(((12))) (f)
Evaluate the effectiveness of existing disposition standards and related
statutes in implementing policies set forth in RCW 13.40.010 generally,
specifically review the guidelines relating to the confinement of minor and
first offenders as well as the use of diversion, and 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;
(g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards in accordance with section 2 of this act. The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall 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, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and
(h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:
(i) Racial disproportionality in juvenile and adult sentencing;
(ii) The capacity of state and local juvenile and adult facilities and resources; and
(iii) Recidivism information on adult and juvenile offenders.
(3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.
(4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:
(a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;
(b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and
(c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.
(5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.
NEW SECTION. Sec. 2. A new section is added to chapter 9.94A RCW to read as follows:
(1) The sentencing guidelines commission shall recommend to the legislature no later than December 1, 1996, disposition standards for all offenses subject to the juvenile justice act, chapter 13.40 RCW.
(2) The standards shall establish, in accordance with the purposes of chapter 13.40 RCW, ranges that may include terms of confinement and/or community supervision established on the basis of the current 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 or offenses.
(3) Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement that may not be less than thirty days. No standard range may include a period of confinement that includes both more than thirty, and thirty or fewer, days. Disposition standards recommended by the commission 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.
(4) Standards of confinement that may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.
(5) The commission's recommendations for the disposition standards shall result in a simplified sentencing system. In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders. The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors. The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement. The commission shall provide for the use of basic training camp programs. Alternatives to total confinement shall be considered for nonviolent offenders.
(6) In setting new standards, the commission must also study the feasibility of creating a disposition option allowing a court to order minor/first or middle offenders into inpatient substance abuse treatment. To determine the feasibility of that option, the commission must review the number of existing beds and funding available through private, county, state, or federal resources, criteria for eligibility for funding, competing avenues of access to those beds, the current system's method of prioritizing the needs for limited bed space, the average length of stay in inpatient treatment, the costs of that treatment, and the cost-effectiveness of inpatient treatment compared to outpatient treatment.
(7) In setting new standards, the commission must also recommend disposition and institutional options for serious or chronic offenders between the ages of fifteen and twenty-five who currently must either be released from juvenile court jurisdiction at age twenty-one or who are prosecuted as adults because the juvenile system is inadequate to address the seriousness of their crimes, their rehabilitation needs, or public safety. One option must include development of a youthful offender disposition option that combines adult criminal sentencing guidelines and juvenile disposition standards and addresses: (a) Whether youthful offenders would be under jurisdiction of the department of corrections or the department of social and health services; (b) whether current age restrictions on juvenile court jurisdiction would be modified; and (c) whether the department of social and health services or the department of corrections would provide institutional and community correctional services. The option must also recommend an implementation timeline and plan, identify funding and capital construction or improvement options to provide separate facilities for youthful offenders, and identify short and long-term fiscal impacts.
(8) In developing the new standards, the commission must review disposition options in other states and consult with interested parties including superior court judges, prosecutors, defense attorneys, juvenile court administrators, victims' advocates, the department of corrections and the department of social and health services, and members of the legislature.
(9) The commission shall consider whether juveniles prosecuted under the juvenile justice system for committing violent, sex, or repeated property offenses should be automatically prosecuted as adults when their term of confinement under the adult sentencing system is longer than their term of confinement under the juvenile system. The commission shall consider the option of allowing the prosecutor to determine in which system the juvenile should be prosecuted based on the anticipated length of confinement in both systems if the court imposes an exceptional sentence or manifest injustice above the standard range as requested by the prosecutor.
Sec. 3. RCW 9.94A.060 and 1993 c 11 s 1 are each amended to read as follows:
(1) The commission
consists of ((sixteen)) twenty voting members, one of whom the
governor shall designate as chairperson. With the exception of ex officio
voting members, the voting members of the commission shall be appointed by the
governor, subject to confirmation by the senate.
(2) The voting membership consists of the following:
(a) The head of the state agency having general responsibility for adult correction programs, as an ex officio member;
(b) The director of financial management or designee, as an ex officio member;
(c) Until ((June 30,
1998, the chair of)) the indeterminate sentence review board ceases to
exist pursuant to RCW 9.95.0011, the chair of the board, as an ex officio
member;
(d) The ((chair of
the clemency and pardons board)) head of the state agency, or the agency
head's designee, having responsibility for juvenile corrections programs,
as an ex officio member;
(e) Two prosecuting attorneys;
(f) Two attorneys with particular expertise in defense work;
(g) Four persons who are superior court judges;
(h) One person who is the chief law enforcement officer of a county or city;
(i) ((Three)) Four
members of the public who are not ((and have never been)) prosecutors, defense
attorneys, judges, or law enforcement officers, one of whom is a victim of
crime or a crime victims' advocate;
(j) One person who is an elected official of a county government, other than a prosecuting attorney or sheriff;
(k) One person who is an elected official of a city government;
(l) One person who is an administrator of juvenile court services.
In making the
appointments, the governor shall endeavor to assure that the commission
membership includes adequate representation and expertise relating to both the
adult criminal justice system and the juvenile justice system. In making the
appointments, the governor shall seek the recommendations of Washington
prosecutors in respect to the prosecuting attorney members, of the Washington
state bar association in respect to the defense attorney members, of the
association of superior court judges in respect to the members who are judges,
((and)) of the Washington association of sheriffs and police chiefs in
respect to the member who is a law enforcement officer, of the Washington
state association of counties in respect to the member who is a county
official, of the association of Washington cities in respect to the member who
is a city official, of the office of crime victims advocacy and other
organizations of crime victims in respect to the member who is a victim of
crime or a crime victims' advocate, and of the Washington association of
juvenile court administrators in respect to the member who is an administrator
of juvenile court services.
(3)(a) All
voting members of the commission, except ex officio voting members, shall serve
terms of three years and until their successors are appointed and confirmed.
((However, the governor shall stagger the terms by appointing four of the
initial members for terms of one year, four for terms of two years, and four
for terms of three years.))
(b) The governor shall stagger the terms of the members appointed under subsection (2)(j), (k), and (l) of this section by appointing one of them for a term of one year, one for a term of two years, and one for a term of three years.
(4) The speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house. The members so appointed shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.
(5) The members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120, as now existing or hereafter amended. Members shall be compensated in accordance with RCW 43.03.250.
Sec. 4. RCW 13.40.025 and 1995 c 269 s 302 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 appointed by the governor, subject to confirmation by the senate: (a) A superior court judge; (b) a prosecuting attorney or deputy prosecuting attorney; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) a public defender 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. 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 cease to exist on June 30, ((1997)) 1996, and its powers
and duties shall be transferred to the sentencing guidelines commission
established under RCW 9.94A.040.
Sec. 5. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:
(1)(((a) The
juvenile disposition standards commission 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 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 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 shall be)) resulting from a finding of
manifest injustice under RCW 13.40.0357 are 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.
Sec. 6. RCW 13.50.010 and 1994 sp.s. c 7 s 541 are each amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools; and, in addition, persons or public or private agencies having children committed to their custody;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;
(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) Juvenile detention
facilities shall release records to the ((juvenile disposition standards))
sentencing guidelines commission under RCW 13.40.025 and 9.94A.040
upon request. The commission shall not disclose the names of any juveniles or
parents mentioned in the records without the named individual's written
permission.
Sec. 7. RCW 72.09.300 and 1994 sp.s. c 7 s 542 are each amended to read as follows:
(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.
(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.
(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:
(a) A description of current jail conditions, including whether the jail is overcrowded;
(b) A description of potential alternatives to incarceration;
(c) A description of current jail resources;
(d) A description of the jail population as it presently exists and how it is projected to change in the future;
(e) A description of projected future resource requirements;
(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;
(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;
(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;
(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.
(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.
(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.
(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.
(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.
(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.
(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:
(a) Monitoring and
reporting to the ((juvenile disposition standards)) sentencing
guidelines commission on the proportionality, effectiveness, and cultural
relevance of:
(i) The rehabilitative services offered by county and state institutions to juvenile offenders; and
(ii) The rehabilitative services offered in conjunction with diversions, deferred dispositions, community supervision, and parole;
(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;
(c) By September 1 of
each year, beginning with 1995, submit to the ((juvenile disposition
standards)) sentencing guidelines commission a report summarizing
the advisory committee's findings under (a) and (b) of this subsection.
Sec. 8. 1995 c 269 s 3603 (uncodified) is amended to read as follows:
Section 301 of this act
shall take effect June 30, ((1997)) 1996.
NEW SECTION. Sec. 9. RCW 13.40.027 and 1993 c 415 s 9, 1992 c 205 s 103, 1989 c 407 s 2, 1986 c 288 s 9, & 1981 c 299 s 4 are each repealed.
*NEW SECTION. Sec. 10. 1996 c . . . s 3 (section 3 of this act) is repealed, effective June 30, 1999.
*Sec. 10 was vetoed. See message at end of chapter.
NEW SECTION. Sec. 11. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 12. (1) Sections 1 through 8 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.
(2) Section 9 of this act takes effect July 1, 1996.
Passed the Senate March 6, 1996.
Passed the House February 28, 1996.
Approved by the Governor March 28, 1996, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State March 28, 1996.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to section 10, Senate Bill No. 6253 entitled:
"AN ACT Relating to the sentencing guidelines commission;"
Senate Bill No. 6253 updates the powers and duties and expands the membership of the Sentencing Guidelines Commission (Commission). This legislation recognizes the need to assess the current status of adult felony sentencing as well as the need to reform disposition standards for juvenile offenders. In order to provide needed representation and perspective on the Commission, membership is increased to add a victim of crime or victims' advocate, a county elected official, a city elected official, a juvenile court administrator, and the head of the state agency responsible for juvenile corrections (currently the assistant secretary for the Juvenile Rehabilitation Administration of the Department of Social and Health Services). The chair of the Clemency and Pardons Board is removed from membership.
Section 10 of Senate Bill No. 6253 repeals these changes and restores the Commission's current membership structure effective June 30, 1999. Because the Commission's responsibilities are not expected to change at that time, there is no reason for repealing these changes. The need for this representation and variety of perspectives will be at least as great in 1999 as it is now. Further, the repeal would not provide a significant savings to taxpayers since Commission members serve part‑time and receive only reimbursement of actual costs and, in the case of citizen members, per diem for meetings.
For these reasons, I have vetoed section 10 of Senate Bill No. 6253.
With the exception of section 10, Senate Bill No. 6253 is approved."