SENATE BILL REPORT

E2SSB 6767

BYSenate Committee on Ways & Means (originally sponsored by Senators Niemi, Nelson, Talmadge, Newhouse and Rasmussen)

Creating a juvenile justice review commission.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 31, 1990; February 1, 1990

Majority Report:     That Substitute Senate Bill No. 6767 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

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

Senate Staff:Cliff Petersen (786-7457)

                February 1, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 6, 1990

Majority Report:     That Second Substitute Senate Bill No. 6767 be substituted therefor, and the second substitute bill do pass.

     Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Fleming, Gaspard, Hayner, Johnson, Lee, Newhouse, Niemi, Saling, Smith, Talmadge, Williams, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                March 3, 1990

House Committe on Human Services

Rereferred House Committee on Appropriations

AS PASSED SENATE, FEBRUARY 13, 1990

BACKGROUND:

The Legislature enacted the Juvenile Justice Act in 1977.  This act provides for a comprehensive scheme for dealing with juveniles who engage in criminal activity while also addressing the needs of those youth who have been adjudicated as dependent children.

The act has been modified periodically during the past 13 years, and it has been suggested that it is time for a comprehensive review to be conducted in light of the changing times and emerging needs of juveniles and the public.

SUMMARY:

A Juvenile Justice Act Review Commission is created.  The commission is composed of four legislators; two superior court judges; two prosecuting attorneys; a representative each from the cities and the counties, both of whom shall be selected by the commission's executive committee; one member selected by the Secretary of the Department of Corrections to represent the Department of Corrections; one member selected by the Department of Social and Health Services to represent the Department of Social and Health Services; one mental health specialist; two juvenile court administrators, selected by the Juvenile Court Administrators Association; two attorneys selected by the Bar Association who practice juvenile law, one who represents a public defender organization; and two members selected by the Governor to represent the Governor, who have a demonstrated interest in the adjudication and disposition of juvenile offenders.

The legislative members of the commission select the chair rather than the Governor selecting the chair.

The commission is staffed by the Department of Social and Health Services.

The commission will review the Juvenile Justice Act and juvenile dependency provisions.  Specific focus is to be directed upon dispositional alternatives including early intervention, rehabilitation and community programs, and special sanctions and programs for violent offenders who are 16 and 17 years old.

The bill is made contingent upon funding in the state budget.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   LAW & JUSTICE:  Sid Sidorowicz, Governor's office (pro); Chase Riveland, Secretary, Department of Corrections (pro); Paul Trause, Asst. Secretary, Department of Social and Health Services (pro); Margaret Casey, Washington State Catholic Conference and Alliance for Children, Youth and Families (pro); Terrence Carroll (pro)

Senate Committee - Testified:   WAYS & MEANS:  Lee Fish, Spokane County Juvenile Court Administrator (pro)

HOUSE AMENDMENT:

The membership of the commission is expanded to include representatives of parents' groups, social service organizations, citizens and law enforcement.  The number of judges, prosecuting attorneys and court administrators on the commission is reduced.

The scope of the commission's study is expanded to include a review of Chapter 13.32 RCW, pertaining to families in conflict.

The null and void clause relating to the 1990 supplemental operating budget is removed.

The Office of the Children's Services Ombuds is established in the Department of Community Development.  The Department of Community Development is to appoint the children's services ombuds.  The ombuds is to investigate complaints and resolve disputes involving child welfare services provided by the Department of Social and Health Services and any citizen bringing a complaint.  Priority is to be given to complaints regarding decisions of the Department of Social and Health Services to place a child in an out-of-home placement or maintain a child in the family home where allegations of abuse or neglect have been made.

The ombuds office is to maintain a toll-free hotline, have access to records, maintain the confidentiality of records where required by federal or state law, interview appropriate people, and prepare recommendations to resolve complaints.

The ombuds is designated a mandatory reporter for allegations of child abuse and neglect.