HOUSE BILL REPORT

HB 1807

BYRepresentatives Bristow, Winsley, Sayan, Leonard, Padden, Braddock, Brekke, H. Sommers, Fuhrman, Miller, McLean and Todd

Requiring juvenile detention facilities to adopt standards for operation by 1990.

House Committe on Human Services

Majority Report:  Do pass.  (10)

      Signed by Representatives Bristow, Chair; Scott, Vice Chair; Moyer, Ranking Republican Member; Tate, Assistant Ranking Republican Member; Brekke, Hargrove, Leonard, Padden, Raiter and Winsley.

House Staff:Jean Wessman (786-7132)

AS REPORTED BY COMMITTEE ON HUMAN SERVICES FEBRUARY 27, 1989

BACKGROUND:

While Washington state has had detention facilities for 60 years, attention was not drawn to the lack of standards until the late 70's when a federal focus on juvenile justice began developing.  The 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 after the fall of 1987.

Juvenile court, probation counselors, and detention services are administered by the Superior Court unless when agreed upon by local court rule, the duties are assumed by the legislative authority of the county.

SUMMARY:

The local county legislative authority may assume or delegate administration of detention services by ordinance or resolution without court rule.

Units of local governments that own or operate juvenile detention facilities shall adopt detention standards by January 1, 1990. 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, staff, and the public.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Jim Metcalf, Washington Association of Counties.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It's long overdue that county detention facilities be required to have mandatory detention standards. The health and welfare of detainees, staff, and the public, requires that minimum standards be in place statewide. Some detention facilities have been reported as being much worse than state adult correctional facilities. Having minimum standards will require those facilities to at least make a reasonable effort to provide safe and secure environments for detained youth.  The local county governing authority should have the right to determine whether they want to be responsible for providing detention services without judicial oversight.

House Committee - Testimony Against:      None Presented.