SENATE BILL REPORT

ESB 5833

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

Amending the disposition and sentencing standards for juvenile offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 1, 1989; February 13, 1989

Majority Report:  Do pass.

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

Senate Staff:Richard Rodger (786-7461)

                  April 7, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 2, 1989

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.

A juvenile who qualifies as a minor offender or first time offender may not be confined unless the judge finds a manifest injustice.  Additionally, prosecutors have unlimited discretion to divert certain charges against a juvenile.

SUMMARY:

A Juvenile Disposition Standards Committee is formed within the Sentencing Guidelines Commission to review juvenile dispositions standards and to make recommendations to the Legislature.

The Secretary of the Department of Social and Health Services is added as a member of the Sentencing Guidelines Commission.  The Juvenile Justice Act is amended to replace the Juvenile Disposition Standards Commission with the Juvenile Disposition Standards Committee, effective July 1, 1990.

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.

A judge may order a minor or first offender to be confined for up to five days without finding a manifest injustice.  A prosecutor must file a charge against a juvenile if the juvenile has been referred for diversion two or more times in the past 12 months.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mike Redman, WAPA (pro); Jerry Watson, DJR (pro); Kurt Sharar, Washington State Association of Counties; Bob Crutchfield, Juvenile Disposition Standards Commission

HOUSE AMENDMENTS:

Technical references are added for clarification.

The provisions expanding the Sentencing Guidelines Commission to include a Juvenile Disposition Standards Committee, including the effective date of these sections, are stricken.  Recommendations on juvenile disposition standards are made to the Legislature on an annual basis by the Juvenile Disposition Standards Commission.

Manslaughter in the second degree is excluded from the "minor or first offender" category.

The provisions which limit juvenile diversions to two in a twelve-month period are stricken.

The provisions which allow a judge the option of imposing a five-day period of confinement for a "minor or first offender" is stricken.

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 of illegally obtaining 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+."