BILL REQ. #:  S-3788.2 

Read first time 01/23/14.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to forming the juvenile sentencing task force to review and make recommendations regarding juvenile sentencing matters; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that recent research shows that the adolescent brain continues to develop well into the twenties and does not fully mature until an adolescent reaches the age of twenty-five. Until reaching full brain development, adolescents lack maturity and have an underdeveloped sense of responsibility that often results in impetuous and ill-considered actions and decisions. Adolescents are much more likely to act on impulse, without considering the consequences of their actions, and they are generally more receptive and responsive to intervention and rehabilitation. Recent research from the Washington state institute for public policy also concludes that juvenile offenders who are transferred to adult jurisdiction are more likely to reoffend than if they remained under the juvenile court.
     Juvenile justice provisions that transfer a juvenile offender to adult jurisdiction and often result in lengthy sentences were put into place before this research was available. In light of this new research, the legislature believes it is appropriate to conduct a review of the intersection between the adult and juvenile justice systems.

NEW SECTION.  Sec. 2   (1) The legislature shall convene a task force to examine juvenile sentencing reform, with the following voting members:
     (a) The president of the senate shall appoint one member from each of the two largest caucuses of the senate;
     (b) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses in the house of representatives;
     (c) A representative from the governor's office;
     (d) The assistant secretary of the department of social and health services overseeing the juvenile justice and rehabilitation administration or his or her designee;
     (e) The secretary of the department of corrections or his or her designee;
     (f) A superior court judge from the superior court judges association family and juvenile law subcommittee, who is familiar with cases involving the transfer of youth to the adult criminal justice system and sentencing of youth in the adult criminal justice system;
     (g) A judicial officer with experience in conducting decline hearings; and
     (h) The legislative leaders of the two largest political parties in each house of the legislature shall jointly appoint the following members:
     (i) A representative of the Washington association of prosecuting attorneys;
     (ii) A representative of the Washington association of criminal defense lawyers or the Washington defender association;
     (iii) A child psychologist currently engaged in research on juvenile brain development;
     (iv) A mental health provider who works with juveniles involved in the juvenile justice system;
     (v) An individual with experience as a youth in the adult criminal justice system;
     (vi) A representative from the juvenile court administrator's association;
     (vii) A representative from law enforcement who works with juveniles;
     (viii) A representative from a public interest law firm that represents juveniles;
     (ix) A representative of the governor's commission on African-American affairs;
     (x) A representative from the center for children and youth justice; and
     (xi) A representative from the partnership council on juvenile justice.
     (2) The task force shall choose two cochairs from among its legislative members.      
     (3) The task force shall undertake a thorough review of juvenile sentencing as it relates to the intersection of the adult and juvenile justice systems and make recommendations for reform that promote improved outcomes for youth, public safety, and taxpayer resources. The review shall include, but is not limited to, the following:
     (a) Discretionary hearings to determine whether the juvenile court should decline jurisdiction;
     (b) Mandatory hearings to determine whether the juvenile court should decline jurisdiction;
     (c) The automatic transfer of a juvenile to adult jurisdiction;
     (d) Sentencing standards, term lengths, sentencing enhancements, and stacking provisions that apply once a juvenile is transferred to adult jurisdiction;
     (e) Rehabilitative resources that are available to juveniles who have been transferred to adult jurisdiction.
     (4) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.
     (5) Legislative members of the task force may be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (6) The expenses of the task force shall be paid jointly by the senate and the house of representatives. Task force expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.
     (7) The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2014.

NEW SECTION.  Sec. 3   This act expires June 1, 2015.