SENATE BILL REPORT

SB 5026

BYSenators Talmadge, Rasmussen and Moore

Establishing a department of justice.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 27, 1987; March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5026 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, McCaslin, Talmadge.

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

                  March 3, 1987

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 2, 1987

BACKGROUND:

Among the state's major criminal justice agencies are the Office of the Attorney General, headed by a statewide elected official; the Washington State Patrol, whose Chief is appointed by the Governor; and three multi-member bodies, the Sentencing Guidelines Commission, the Criminal Justice Training Commission and the Corrections Standards Board.

It has been suggested that combining these agencies under a single appointed executive would reduce the fragmentation in state government and increase coordination in related programs.

SUMMARY:

The Department of Justice is established as a new executive agency.  Incorporated into the Department are the Office of Attorney General, the Washington State Patrol, the Sentencing Guidelines Commission, the Criminal Justice Training Commission and the Corrections Standards Board.

The Attorney General, instead of being elected, is appointed by the Governor with the consent of the Senate, and is the chief executive officer of the Department.  The Chief of the Washington State Patrol, which is made an agency within the Department, is appointed by the Attorney General.  Members of the two commissions and the board are appointed by the Attorney General, rather than by the Governor.  Membership criteria for these entities are not changed.

Fiscal Note:      available

Effective Date:Creation of the new Department becomes effective January 1, 1989, subject to ratification of a proposed amendment to Article III, Section 21 of the State Constitution, under which the Attorney General and certain other elected offices are made appointive.

EFFECT OF PROPOSED SUBSTITUTE:

Creating a new executive agency.  Instead of converting the Office of the Attorney General into the Department of Justice, the Department is established as an agency responsible to the Governor, with an appointed Director as the chief executive officer.

Entities retained.  The Washington State Patrol, the Criminal Justice Training Commission, the Corrections Standards Board and the Sentencing Guidelines Commission are retained, with some modifications:

The Sentencing Guidelines Commission is merged with the Juvenile Disposition Standards Commission, to be known as the Sentencing Guidelines and Juvenile Disposition Standards Commission (SGJDSC).  The new commission is composed of 15 members, with representation specified to include constituencies of both of the former entities.

Legislative members are removed from the SGJDSC and from the Corrections Standards Board.

A provision is added that the Chief of the Washington State Patrol shall not be the Director of the Department of Justice.

Programs and entities added.  Besides incorporating the functions of the Juvenile Disposition Standards Commission into the expanded Sentencing Guidelines Commission, the following are also included within the Department:

The Crime Victims Compensation Program from the Department of Labor and Industries; prosecution functions of the Office of Attorney General; Indeterminate Sentence Review Board; Clemency and Pardons Board from the Office of the Governor; Advisory Council on Criminal Justice Services from the Washington State Patrol; Criminal Justice Interagency Work Group, incorporated from Executive Order 81-15, and Juvenile Justice Advisory Committee, incorporated from Executive Order 82-21.

Governor's management plan and effective date.  The effective date is delayed to July 1, 1989.  The Governor must submit a management plan for the Department to the Legislature no later than December 20, 1988.

The management plan develops goals and missions for the Department; provides for appropriate transfers, as well as proper disposition of funds; recommends conversion of the current boards and commissions into advisory bodies; suggests what programs and entities may be added or terminated; and assures adequate representation on the advisory bodies.

NEW EFFECTIVE DATE: Except for the management plan required from the Governor, the effective date is July 1, 1989.

Senate Committee - Testified: No one