SENATE BILL REPORT

ESSB 6535

As Passed Senate, February 14, 2002

Title:  An act relating to the chemical dependency disposition alternative.

Brief Description:  Authorizing a disposition outside the standard range for the chemical dependency disposition alternative for juvenile offenders.

Sponsors:  Senate Committee on Human Services & Corrections (originally sponsored by Senator Hargrove).

Brief History:

Committee Activity:  Human Services & Corrections:  1/31/02, 2/6/02 [DPS].

Passed Senate:  2/14/02, 48-0.

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  That Substitute Senate Bill No. 6535 be substituted therefor, and the substitute bill do pass.

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

Staff:  Tony Rugel (786‑7754)

Background:  Currently, a judge may only order a juvenile into a chemical dependency disposition alternative (CDDA) if the judge can suspend local sanctions or, in a small number of cases, a sentence of 15 to 36 weeks confinement.  There has been a concern raised by some judges and courts that not having the option of granting a "manifest justice up" and then suspending the sentence so a juvenile offender can complete a CDDA is denying juvenile offenders the opportunity for treatment and in some cases not providing the offender with the necessary motivation to complete the CDDA.

Summary of Bill:  The courts are permitted to grant a manifest injustice upward and suspend the sentence so that a juvenile offender can be ordered to complete a chemical dependency disposition alternative.  When the court grants a manifest injustice above the standard range, it is limited to a 52 week total confinement sentence.

Appropriation:  None.

Fiscal Note:  Requested on January 28, 2002.

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

Testimony For:  The bill will allow judges to be more responsive to juvenile offenders' needs.

Testimony Against:  None.

Testified:  William Knebes, Clallam County Superior Court (pro); Pete Peterson, Clallam County Juvenile Court (pro); Dan Erker, Pierce County Juvenile Court (pro); Cheryl Stephani, DSHS/JRA (pro).