SENATE BILL REPORT

ESHB 1384

BYHouse Committee on Human Services (originally sponsored by Representatives Leonard, Ebersole, P. King, May, Basich and Brekke)

Approving juvenile detention standards.

House Committe on Human Services

Senate Committee on Law & Justice

Senate Hearing Date(s):February 26, 1988

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Cliff Petersen (786-7457)

                  February 29, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 26, 1988

BACKGROUND:

While Washington state has had detention facilities for 60 years, attention was not drawn to the lack of standards until the late seventies when a federal focus on juvenile justice began developing.  Our Juvenile Justice Act of 1977 included a general statement requiring the development of effective standards and goals for all levels of the juvenile justice system.  As detention became more widely used as an option under the juvenile disposition sentencing standards, varied providers became more concerned that uniform standards be adopted for detention facilities.  In 1983, voluntary standards were adopted but these were advisory only and no provision was included for determining compliance.

Engrossed Senate Bill 4738, passed March, 1986, required that the Juvenile Disposition Standards Commission propose to the Legislature, standards on the following subjects: 1) detention intake procedures and detention or release decisions; 2) security and control mechanisms; 3) health care; 4) detainees' property; 5) access to defense counsel; 6) outside communication by residents; and 7) information gathering for decision making by the Commission and monitoring compliance with standards. The proposed standards were developed and presented to the House Human Services Committee during the Fall of 1987.  Legislation is proposed in order to implement the standards and create a process for both modifying as necessary, and monitoring compliance.

SUMMARY:

Local governments that own or operate juvenile detention facilities shall adopt detention standards by January 1, 1989.  The detention standards proposed by the Juvenile Disposition Standards Commission October 1, 1987 and submitted to the Legislature shall be considered by local government.  Alternative standards may also be considered.  Whatever standards are adopted by local government shall at least meet the minimum federal and state constitutional requirements necessary for the health, safety and welfare of detained juveniles and the public.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Representative June Leonard, original sponsor; Bob Doupe', Juvenile Disposition Standards Commission; Kurt Sharar, Washington State Association of Counties; Larry Fehr, Washington Council on Crime and Delinquency