SENATE BILL REPORT

SB 5972

As Passed Senate, March 14, 2001

Title:  An act relating to clarifying the department of social and health services' parole program placement authority for all juvenile offenders under the age of twenty‑one and committed to the department of social and health services.

Brief Description:  Releasing juvenile offenders.

Sponsors:  Senator Hargrove; by request of Department of Social and Health Services.

Brief History:

Committee Activity:  Human Services & Corrections:  2/21/01 [DP].

Passed Senate:  3/14/01, 48-0.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  Do pass.

Signed by Senators Hargrove, Chair; Costa, Vice Chair; Carlson, Franklin, Hewitt, Kastama, Kohl‑Welles, Long and Stevens.

Staff:  Edith Rice (786‑7444)

Background:  The Department of Social and Health Services, Juvenile Rehabilitation Administration (JRA) requested this revision in the current statute to eliminate a potential loophole in the sentencing law.  Juvenile offenders who have served their maximum sentence in an institution under a manifest injustice adjudication have challenged the authority of JRA to place them on parole.

Summary of Bill:  The department's parole program placement authority for all juvenile offenders under the age of 21, including those who have served their maximum sentence in an institution under a manifest injustice adjudication is clarified.  A manifest injustice adjudication is one in which a court has determined that a sentence within the juvenile offender sentencing standard range, or the chemical dependency disposition alternative would effectuate a manifest injustice.  The court, as a result, must impose a disposition outside the standard range.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The language clarifies that the department has authority to place juveniles on parole status.  It does not change the scope or intent of the current law.

Testimony Against:  None.

Testified:  Cheryl Stephani, Juvenile Rehabilitation Administration, Department of Social and Health Services (pro).