SENATE BILL REPORT

SB 5991

BYSenators Pullen, Talmadge, Amondson and Rasmussen

Protecting state employees from assaults by juvenile offenders.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 23, 1989

Majority Report:  Do pass.

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

Senate Staff:Cliff Petersen (786-7457)

                  April 15, 1989

House Committe on Judiciary

AS PASSED SENATE, MARCH 7, 1989

BACKGROUND:

Increasing concern exists surrounding the number and severity of assaults committed by juveniles in juvenile corrections institutions.

If a juvenile offender in a juvenile corrections institution presents a continuing and serious threat to the safety of others, the juvenile offender can be transferred to the Department of Corrections by the Secretary of the Department of Social and Health Services.  The juvenile may be transferred only with the consent of the Secretary of the Department of Corrections and if it is established at a hearing before a review board that continued placement of the juvenile presents a continuing and serious threat to the safety of others in the institution.

SUMMARY:

A hearing is to be held by the Department of Social and Health Services review board when an assault against a staff member is reported to a local law enforcement agency.  The purpose of the hearing is to determine whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution and whether the juvenile should be transferred to an adult institution.

If the juvenile offender is convicted of custodial assault a second hearing shall be conducted to recommend that the juvenile be transferred to an adult correctional facility.  At this hearing, the juvenile has the burden to show why transfer should not occur.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 22, 1989

Senate Committee - Testified: Julian Baxter and Michael Savoca, Maple Lane School, WFSE (pro); Scott Sigmon, WFSE (pro)

HOUSE AMENDMENT:

At the second hearing, subsequent to a conviction for custodial assault, the juvenile is to be transferred to an adult facility if the review board determines that the offender represents a continuing and serious threat to the safety of others in the institution.