H-4381 _______________________________________________
HOUSE BILL NO. 3018
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Representatives Anderson, Leonard, Raiter, Sayan, Brekke, Winsley, Scott, Moyer, Hargrove and Phillips
Read first time 2/6/90 and referred to Committee on Judiciary. 2/8/90 referred to Committee on Human Services.
AN ACT Relating to juvenile justice; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. In 1977, the legislature created an innovative and comprehensive juvenile justice system to establish special sanctions and procedures for juveniles who engage in criminal activity, while at the same time recognizing the existence and unique needs of dependent children. During the past thirteen years, the legislature has amended the juvenile justice act numerous times to improve its effectiveness in providing punishment and rehabilitation for juveniles who commit criminal acts, and also to improve the procedures and programs for assisting dependent children. While such amendments have generally improved the operation of the juvenile justice system, often the amendments did not address the juvenile justice system in a comprehensive manner to provide accountability, treatment, and rehabilitation.
The legislature finds and declares that it has been thirteen years since the enactment of the juvenile justice act, and it is appropriate and timely that a comprehensive study be conducted to review the sanctions, programs, and operation of the act in light of the changing needs of juveniles and society. The legislature finds that a commission should be created consisting of persons with experience and expertise in juvenile justice issues to ensure that the state of Washington continues to have a progressive and effective juvenile justice statute.
NEW SECTION. Sec. 2. (1) A juvenile justice act review commission is created. It shall consist of:
(a) Four legislators who shall serve on the executive committee, one from each of the two largest caucuses in the house of representatives and the senate. The members shall be selected by the president of the senate and the speaker of the house of representatives;
(b) Two superior court judges, who shall have experience in juvenile court proceedings. The members shall be selected from different geographical areas of the state by the Washington state superior court judges association;
(c) Two prosecuting attorneys, or their designees, selected from different geographical areas of the state by the Washington association of prosecuting attorneys;
(d) Two members, selected by the executive committee, one of whom shall represent cities and one of whom shall represent counties;
(e) One member, selected by the secretary of corrections, who shall be familiar with confinement and treatment of criminal offenders;
(f) One member, selected by the secretary of social and health services, who has experience and training with the confinement and treatment services offered by the division of juvenile rehabilitation;
(g) One mental health specialist, selected by the executive committee, who shall be familiar with mental health issues commonly affecting juvenile offenders;
(h) Two attorneys, selected by the Washington state bar association, whose practice involves the representation of juvenile offenders. At least one member shall be an attorney who represents a public defender organization;
(i) Two members who have demonstrated significant interest in the adjudication and disposition of juvenile offenders, selected by the governor, who shall serve on the executive committee.
(2) The governor shall select a chair from the membership of the commission.
(3) The commission shall be staffed, to the extent possible, by staff of the appropriate senate and house of representatives committees.
(4) The commission may form technical advisory committees to assist it with any particular matters deemed necessary by the commission.
(5) The commission and technical advisory committee members shall receive no compensation, but shall, to the extent funds are available, be reimbursed for their expenses while attending any meetings in the same manner as legislators engaged in interim committee business as specified in RCW 44.04.120.
(6) The commission may receive appropriations, grants, gifts, and other payments from any governmental or other public or private entity or person and such funds may be used to defray the costs of its operations or to contract for technical services, with the approval of the senate committee on facilities and operations and the house of representatives executive rules committee.
NEW SECTION. Sec. 3. (1) The juvenile justice act review commission shall conduct a comprehensive review of the juvenile justice act of 1977 and dependency provisions in chapter 13.34 RCW. In reviewing the juvenile justice system, the commission shall give particular attention to disposition alternatives, including but not limited to emphasis on early intervention, rehabilitation, community resources, and providing for special sanctions and programs for violent offenders who are sixteen and seventeen years of age.
(2) The legislature hereby reaffirms its intent that the overall goals and policies of the juvenile justice act of 1977 will continue to be followed and that any disposition alternatives or dependency provisions proposed by the commission will adhere to the following purposes:
(a) Protect the citizenry from criminal behavior;
(b) Make the juvenile offender accountable for his or her criminal behavior;
(c) Provide punishment commensurate with the age, maturity level, crime, criminal history of the juvenile offender, and any other relevant considerations;
(d) Provide necessary treatment, supervision, and custody for juvenile offenders;
(e) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;
(f) Provide for restitution to victims of crime; and
(g) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both.