SENATE BILL REPORT

SSB 6841

BYSenate Committee on Ways & Means (originally sponsored by Senators Nelson and Rasmussen)

Changing provisions relating to juvenile residential burglary.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 26, 1990; January 31, 1990

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

     Signed by Senators Nelson, Chairman; Hayner, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Anita Neal (786-7418)

                February 1, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 22, 1990; February 23, 1990

Majority Report:     That Substitute Senate Bill No. 6841 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Randy Hodgins (786-7715)

                March 3, 1990

AS PASSED SENATE, MARCH 2, 1990

BACKGROUND:

The Juvenile Disposition Standards Commission was mandated by the 1989 Legislature (RCW 9A.52.025) to consider residential burglary as a more serious offense than second degree burglary when establishing disposition standards. 

The commission found that approximately 78 percent of all second degree burglaries committed by juveniles are of residences.  Many juveniles commit burglary offenses while they are truant from, or have dropped out of school; have no job or job skills; and are not adequately supervised by their parents or guardians.  Without successful intervention, these juveniles may become repeat offenders. 

The commission researched information from other states which utilize intensive surveillance and treatment for certain juvenile offenses, and determined that sanctions which incorporate detention, parental involvement, community supervision, and intensive post-release supervision for juveniles who commit residential burglary may be successful in reducing recidivism.

SUMMARY:

The parent or legal guardian of a child whose current offense is a second or subsequent residential burglary shall be summoned to participate in an intake screening to determine if parenting skills training would be beneficial for the family.  The parent or legal guardian will be required to pay for the costs of the screening if the court determines that the parent or legal guardian is financially able to do so.  The results of the screening shall be presented to the court at the child's disposition hearing to which the parent or legal guardian is summoned.  If the court finds that the parent or legal guardian may benefit from parenting skills training, the court shall order such training.

The court shall identify the terms of parental responsibility at the disposition hearing and shall include such terms in the dispositional order.  The court may also order the parent or legal guardian to assist the court in providing appropriate education and counseling for the child.  If the parent or legal guardian willfully fails or refuses to comply with the terms of the order, the court may proceed against such person for contempt.

The offense of residential burglary is ranked B in the juvenile disposition offense category and ranked C in the juvenile disposition category for attempt, bail jump, conspiracy, or solicitation.

Juvenile sentencing standards for residential burglary are created for middle offenders.  The court may choose from three sentencing standards:  option A is a standard range option; option B is a statutory option; and option C is a manifest injustice option.

The court has the discretion to select option A, B, or C, but is required to impose the following additional sanctions:  (1) The first-time-offender sentenced under option A or B shall receive three months of additional community supervision; (2) the second-time-offender sentenced under option A shall receive a minimum of 20 days detention, and shall be ordered to participate in the intensive burglary surveillance program when community supervision is imposed under either option A or B; and (3) the third-time-offender shall participate in intensive burglary programs when a commitment option is used, receive three additional months of supervised parole, and participate in the intensive burglary surveillance-parole program.  If option B is used for a third-time-offender, section (2) will apply.

The intensive burglary surveillance and the intensive burglary surveillance-parole programs consist of:  house arrest with certain permitted and required contacts; offense-specific or risk/needs assessment and participation in classes related to the offense; a probation contract or parole case plan; required attendance at school, job training, job, community service work or classes required by the program; parental participation in parent education classes; parental responsibility for the child's compliance with the court order; participation in victim awareness programs; and mandatory financial restitution when applicable.

The Division of Juvenile Rehabilitation will develop a plan for implementing residential burglary programs through its community services section.  The plan shall include burglary program development, coordination, standards, monitoring, and evaluation.  A status report will be submitted to the Legislature by January 7, 1992.

Appropriation:  none

Revenue:   none

Fiscal Note:    available

Senate Committee - Testified:   LAW & JUSTICE:  Robert Crutchfield, Juvenile Disposition Standards Commission; Connie Crawley, Juvenile Disposition Standards Commission; Jerry Wasson, Department of Social and Health Services; Lois Smith, Washington Juvenile Court Administration

Senate Committee - Testified:   WAYS & MEANS:  Jerry Wasson, Department of Social and Health Services