FINAL BILL REPORT

SB 5833

                              C 407 L 89

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

Amending the disposition and sentencing standards for juvenile offenders.

Senate Committee on Law & Justice

House Committe on Judiciary

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

Under current law the Juvenile Disposition Standards Commission has the responsibility of reviewing disposition standards for all juvenile offenses.  The commission submits revised standards to the Legislature on a biannual basis.  The Legislature may adopt the proposed standards or refer them to the commission for modification.  If the Legislature fails to adopt or refer the proposed standards, they become law without legislative approval.  It has been suggested that this process is cumbersome and makes it extremely difficult for the Legislature to have any control over juvenile punishment.

The juvenile sentencing guidelines are not incorporated into the Juvenile Justice Act and cannot be revised or modified by the Legislature.  It is proposed that the guidelines be incorporated into the RCW.

Prosecutors have unlimited discretion to divert certain charges against a juvenile.

SUMMARY:

The Juvenile Disposition Standards Commission reviews juvenile dispositions standards and makes recommendations to the Legislature on an annual basis.  The juvenile sentencing guidelines are modified and incorporated into the Juvenile Justice Act so the Legislature may revise or modify the guidelines at any time.

Manslaughter in the second degree is excluded from the "minor or first offender" category.  The offense categories for the sale of narcotics and the sale of controlled substances are increased to "B+" and "C+" respectively.

The offense category for the attempt, bailjump, conspiracy or solicitation to illegally obtain a legend drug is reduced from "C" to "D."  The offense category for the attempt, bailjump, conspiracy or solicitation for the sale, delivery or possession of a legend drug with the intent to sell is reduced from "C" to "D+."

A prosecutor must file a charge against a juvenile if the juvenile has been referred for diversion three or more times in the past 18 months.

VOTES ON FINAL PASSAGE:

     Senate   43    0

     House 96  0 (House amended)

     Senate          (Senate refused to concur)

     House           (House refused to recede)

Free Conference Committee

     House 97  0

     Senate   46    0

EFFECTIVE:July 23, 1989