SENATE BILL REPORT

SB 5974

BYSenators Saling, Metcalf, Hayner, Benitz and Sellar

Considering problems of chemical dependency at disposition hearings.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 21, 1989; March 1, 1989

Majority Report:  Do pass and be referred to Committee on Ways & Means.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Bailey, Stratton, Vognild.

Senate Staff:Jennifer Strus (786-7472)

                  March 2, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, MARCH 1, 1989

BACKGROUND:

Sentencing standards developed by the Juvenile Disposition Standards Commission must be followed by judges in sentencing juvenile offenders.  The standards include ranges which can include confinement and/or community supervision established on the basis of a juvenile's age, the current offense, and the history and seriousness of previous offenses.  The period of confinement may not be longer than a period for which an adult may be jailed if convicted of the same offense.  Only serious and middle juvenile offenders are sentenced using the disposition standards; minor or first offenders are usually sentenced to terms of community supervision.  The court may deviate from the standards for serious and middle offenders or the statute for minor or first offenders but only if the court first finds that a manifest injustice would result from the imposition of the mandated disposition.  The court is not currently permitted to order that the juvenile receive substance abuse or chemical dependency treatment; the court may only sentence the juvenile pursuant to the standards or to a period of community supervision which does not include residential placement or treatment.

If sentenced to a period of confinement, the Division of Juvenile Rehabilitation must assess and treat the juvenile; however, the standard range to which a juvenile is committed may be insufficient to complete a treatment program, or the facility to which the juvenile is sent does not offer any treatment programs.

SUMMARY:

Before entering a disposition, the court must consider whether or not the juvenile suffers from a substance abuse or chemical dependency problem which has directly caused the offense for which the juvenile is before the court.

In the situation where a juvenile is found to be a minor or first offender, manifest injustice is defined to include substance abuse or chemical dependency problems which have directly caused the offense for which the juvenile is before the court.  The court may order that the juvenile be placed in a facility which treats substance abuse or chemical dependency problems.  Such a placement must be reviewed every 90 days.

If a juvenile is found to be a middle offender, and the offense for which the juvenile is currently before the court is one directly caused by a substance abuse or chemical dependency problem, the court may order that the juvenile be placed in a substance abuse or chemical dependency treatment center.  Such placement must be reviewed every 90 days.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Saling, prime sponsor; Jerome Wasson, DSHS (con)