SENATE BILL REPORT

SB 6282

BYSenator Madsen

Modifying provisions relating to crimes.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 26, 1988; February 4, 1988

Majority Report:  That Substitute Senate Bill No. 6282 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 12, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 4, 1988

BACKGROUND:

Many juveniles who are found to be serious crime offenders do not receive sentences of confinement under current statutes.

SUMMARY:

A new category of chronic offender is added to the juvenile offender disposition order statute.  Chronic offender is defined as a juvenile who during any two-year period has committed three or more offenses which if committed by an adult would be Class A or B felonies.

Courts shall commit chronic offenders to the Department of Social and Health Services (DSHS) for the standard range of disposition for the offense.

Serious offender or chronic offender juveniles who have previously committed an offense for which they received a sentence of confinement must be sentenced to a term of confinement unless manifest injustice would result.

Courts need not state aggravating or mitigating factors for certain juvenile middle offenders.

A new crime of residential burglary is created.  Residential burglary is a class B felony and shall be considered as a more serious offense than second degree burglary by the Sentencing Guidelines Commission and the Juvenile Disposition Standards Commission in establishing sentencing guidelines.

EFFECT OF PROPOSED SUBSTITUTE:

Juvenile offenders who are found to be serious or chronic offenders must be committed to DSHS for a term of confinement.  A sentence outside the standard range on the basis of manifest injustice must also include a term of confinement which may be in combination with a term of community service.

The crime of residential burglary is omitted.

The Senate Law & Justice Committee and the House Judiciary Committee shall review the standard ranges of sentencing for all adult and juvenile offenses from the perspective of the range's impact on the population levels in state institutions and proposals to eliminate certain DSHS juvenile facilities.  The conclusions of the review are to be submitted to the Senate and House by January 1, 1989.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Diane Kaiser, crime victim; Bailey DeIongh, Juvenile Unit Seattle-King County Public Defender