HOUSE BILL REPORT

ESB 5833

As Amended by the House

BYSenators Pullen, Talmadge, Madsen, Thorsness, Niemi and Nelson

Amending the disposition and sentencing standards for juvenile offenders.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (18)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Judiciary.  (25)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Belcher, Bowman, Bristow, Brough, Dorn, Doty, Ferguson, Hine, May, McLean, Nealey, Padden, Peery, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Brekke and Rust.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

The Juvenile Disposition Standards Commission is responsible for proposing changes to the juvenile disposition standards for juvenile crimes.  The commission submits revised standards to the legislature biannually.  The standards automatically become law unless the legislature requests that the commission modify the proposals. The standards are not codified in the Juvenile Justice Act.  The legislature cannot directly modify the standards but must rely upon the commission to direct attention to proposed changes.

Critics of the system argue that the process is cumbersome and impairs effective legislative control of the standards. Critics recommend incorporating the standards into the RCW and implementing direct legislative review.

The 1989 commission report recommended certain changes in the disposition standards, particularly in drug offense standards.  The commission also recommended excluding child molestation in the first degree from the minor first offender category.

SUMMARY:

The legislature must affirmatively enact changes to the standards.  The automatic implementation of the Juvenile Disposition Standards Commission's recommendations is abolished.

The juvenile sentencing guidelines are modified and incorporated into the Juvenile Justice Act.  The commission's 1989 recommendations are adopted.  The commission will make recommendations to the legislature every year regarding the standards.

Child molestation in the first degree and manslaughter in the second degree are excluded from the minor or first offender category.

Fiscal Note:      Available.

Effective Date:Sections 1,3,4,5 and 12 take effect July 1, 1990.

House Committee ‑ Testified For:    (Judiciary) Prime Sponsor; Dave Fallon, Sentencing Guidelines Commission (with concerns); John Vance, Pierce County Juvenile Diversion Unit (with reservations); Frank Krol, WAPA.

(Appropriations) None Presented.

House Committee - Testified Against:      (Judiciary) Bailey DeIongh, Public Defender King County; Jerry Wasson, Juvenile Disposition Commission (in part).

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) The legislature should be more directly involved and responsible for establishing juvenile sentencing standards.  Diversion eligibility should be reduced and judges need greater discretion to impose detention time on minor offenders.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Judiciary) The Juvenile Disposition Commission should remain intact because of special needs of juveniles.  Increasing penalties for minor first offenders and divertees is unwise and costly.

(Appropriations) None Presented.