HOUSE BILL REPORT
ESHB
2906
As Passed House
February 21, 1994
Title: An act relating to violence prevention.
Brief Description: Relating to violence prevention.
Sponsors: By House Committee on Appropriations (originally sponsored by Representatives Appelwick, Ballasiotes, J. Kohl, Long, L. Johnson, Cooke, Thibaudeau, Lemmon, Morris, Caver, Jones and Dunshee).
Brief History:
Reported by House Committee on:
Appropriations, February 8, 1994, DPS;
Passed House, February 21, 1994, 89-8.
HOUSE COMMITTEE
ON APPROPRIATIONS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 23 members: Representatives Sommers, Chair; Valle, Vice Chair; Silver, Ranking Minority Member; Carlson, Assistant Ranking Minority Member; Appelwick; Ballasiotes; Basich; Cooke; Dellwo; Dorn; Dunshee; G. Fisher; Foreman; Jacobsen; Lemmon; Linville; Peery; Sehlin; Sheahan; Stevens; Talcott; Wineberry and Wolfe.
Minority Report: Do not pass. Signed by 4 members: Representatives Leonard; H. Myers; Rust and Wang.
Staff:Bill Perry (786-7123).
Pat Shelledy (786-7149).
Margaret Allen (786-7191).
Victor Moore (786-7143).
Background:
Part I. FIREARMS AND DANGEROUS WEAPONS. (Staff: Margaret Allen)
Terms such as "tidal wave," "epidemic," and "unprecedented" have been used by the media and others to describe the escalating incidence of violence in the United States, particularly violence among juveniles. In the search for solutions, attention has been drawn to the availability of firearms and the role firearms play in violence.
Some commentators blame the ready availability of firearms for the tremendous personal and societal losses currently resulting from accidental or intentional misuse of firearms. Other persons are concerned that restricting firearm availability will infringe upon the right of a law-abiding citizen to keep and bear arms.
Washington courts have held a citizen's right to own, possess and use firearms is subject to reasonable regulation by the state under its police power. To meet the test of reasonableness, the regulation must be reasonably necessary to protect the public safety, health, morals and general welfare, and be substantially related to the legitimate ends sought.
FIREARMS AND JUVENILES.
State and federal law prohibit the transfer of handguns to persons under the age of 21. Federal law also prohibits the transfer of rifles and shotguns to persons under the age of 18.
However, neither state nor federal law expressly prohibits persons under the age of 21 from possessing firearms or from carrying firearms in public, as long as the firearms are carried openly rather than concealed, and are not carried in a manner intentionally intimidating or warranting alarm. One exception is that Washington law prohibits youth under the age of 14 from possessing any firearm, except under the supervision of a parent, guardian, or other adult approved by the parent or guardian, or under the supervision of a certified safety instructor. Juveniles under the age of 14 who illegally possess a firearm, or persons who aid or knowingly permit a juvenile to illegally possess a firearm, are guilty of a misdemeanor.
The Youth Handgun Safety Act of 1993, currently pending in Congress, would make it illegal to transfer a handgun or handgun ammunition to a juvenile under the age of 18 unless an enumerated exception applied. The act also would make it illegal for the juvenile to possess either a handgun or handgun ammunition, unless an enumerated exception applied. Violators of the act could be incarcerated for one year, fined or sentenced to probation. The act also would amend the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) to allow the incarceration of juveniles who illegally possess firearms, without jeopardizing a state's funding under the JJDPA.
The JJDPA provides formula grants to states and local governments for juvenile delinquency programs and to improve the juvenile justice system. To qualify for a grant, a state is to refrain from placing juveniles in secure detention or correctional facilities for status offenses, that is, for offenses that would not be illegal if the juvenile were an adult. Washington reportedly receives approximately $1 million under the JJDPA.
FIREARMS AND OTHER PERSONS.
Persons Disqualified from Possessing Pistols. Current state law makes it a class C felony for a person who has been convicted of a crime of violence, a felony in which a firearm was used or displayed, or a felony violation of the Uniform Controlled Substances Act, or a person who has been involuntarily committed for mental health treatment, to possess a pistol. Such persons are not disqualified from possessing other types of firearms, such as rifles or shotguns.
Persons ineligible to possess a pistol are also ineligible for a concealed pistol license. But, under current law, a person convicted of assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree is qualified to possess a pistol, but not qualified for a concealed pistol license. (The reference to indecent liberties may include only indecent liberties other than by forcible compulsion, since indecent liberties by forcible compulsion is included in the definition of a crime of violence.)
Persons who are ineligible to possess a pistol because of having been formerly involuntarily committed for mental health treatment and persons who are ineligible for a concealed pistol license but are eligible to possess a pistol, may have their rights restored, if certain conditions are met.
Restoration of Rights. A person ineligible to possess a pistol because of having been involuntarily committed for mental health treatment may petition a court to have his or her right to possess a pistol restored. The court must immediately restore the right upon a showing that the person is no longer required to participate in a treatment program and is no longer required to take medication to treat a condition related to the commitment. There is no requirement to show that the condition leading to the commitment no longer exists and is unlikely to recur. Although the right to possess a pistol must be restored by a court, current law requires the Department of Social and Health Services (DSHS) to develop rules to create an approval process for the restoration of such rights.
A person eligible to possess a pistol, but ineligible for a concealed pistol license because of having been convicted of an enumerated crime, may petition a District Court to have his or her eligibility restored after one year following successful completion of his or her sentence, provided he or she has not again been convicted of, and is not under indictment for, any crime.
Delivery of Pistols. A current state statute makes it a misdemeanor to deliver a pistol to someone under the age of 21, or where there is reason to believe the recipient has been convicted of a crime of violence, or is a drug addict, habitual drunkard or of unsound mind. The terms "drug addict," "habitual drunkard," and "unsound mind" are undefined, and the statute does not make it illegal to deliver a pistol to someone convicted of a variety of other offenses that make a person ineligible to possess a pistol. In addition, the statute does not make it illegal to deliver a rifle or shotgun to a person in any of the listed groups.
Carrying Firearms. A person carrying a concealed or loaded pistol in a vehicle must have a concealed pistol license unless an exception applies. However, there are few other restrictions on the manner in which a person may carry a firearm. The primary restrictions prohibit, with some exceptions, a person from carrying any firearm in a manner intentionally intimidating or warranting alarm, or carrying a loaded shotgun or rifle in a vehicle. Carrying loaded pistols that are unconcealed, or loaded rifles or shotguns outside of a vehicle is permissible as long as the firearms are not carried in an intentionally intimidating or alarming manner.
CONCEALED PISTOL LICENSES.
Unless an exception applies, a person may carry a concealed pistol without a concealed pistol license only at home or at a fixed place of business. One of the exceptions is for current, but not retired, law enforcement officers. Only persons with concealed pistol licenses, or persons covered by an exception, may carry a loaded pistol in a vehicle. Carrying a pistol in violation of these limitations is a misdemeanor.
Applications. An applicant must meet several requirements to qualify for a concealed pistol license. For example, an applicant must be at least 21 years of age, not have been convicted of specified crimes, and not be subject to a court order or injunction regarding firearms under the domestic violence or marital dissolution statutes.
An alien who wants a concealed pistol license must first have a special license issued by the Department of Licensing (DOL). Before DOL will issue the license, the alien must state he or she is planning to become a United States citizen, and the consul in the state representing the alien's country must provide a certificate stating the alien is a responsible person. The license costs $15 and need not be renewed.
There have been reports of issuing authorities refusing to accept applications for concealed pistol licenses during normal business hours.
Making a false statement regarding citizenship or other information on a concealed pistol license application is a misdemeanor, but there is no explicit requirement that the issuing authority, usually a law enforcement agency, verify the information on the application. The recently-enacted Brady Bill exempts from the waiting period any person with a concealed pistol license issued in a state requiring an authorized official to verify the applicant is legally qualified to possess a pistol.
The issuing authority sends copies of issued concealed pistol licenses to DOL.
Licensing Fees. The current fee for an original license is $23, and its distribution is set by statute: $4 to the state general fund, $4 to the agency taking the fingerprints, $12 to the issuing authority, and $3 to the firearms range account. The license must be renewed every four years.
The issuing authority's $12 share has remained the same since 1983, when the share was raised from $1.50. (At the same time, the total cost of an original license was raised from $5 to $20. In 1988, the total cost was raised $3 to the current cost of $23, with the additional $3 earmarked for the firearms range account.)
The current fee for a renewal license is $15, with $4 distributed to the state general fund, $8 to the issuing authority, and $3 to the firearms range account. As with original licenses, the fee for a renewal license was raised $3 in 1988, with the increase allocated to the firearms range account. Again, the issuing authority's share has remained constant since 1983.
A late fee of $10 is assessed for a license not renewed within 90 days of expiration, with $3 allocated to the state wildlife fund and $7 allocated to the issuing authority.
FIREARMS DEALERS.
State law requires retail pistol dealers: (1) to be licensed; (2) to conduct business only in the building designated in the license; (3) to display the license on the premises; (4) to sell pistols in accordance with state laws and only to purchasers personally known to the seller or who present clear identification; and (5) to keep detailed sales records.
Deliveries to Purchasers. Dealers also must: (1) withhold delivery of a pistol until specified conditions are met (the purchaser produces a valid concealed pistol license, the dealer receives word from the local law enforcement agency that the application to purchase is granted, or the requisite time elapses); (2) require a purchaser to complete an application providing various information and deliver the application to the local law enforcement agency; or (3) give a purchaser a copy of the Department of Wildlife pamphlet concerning firearms laws and safety. The same restrictions do not apply to sales of rifles or shotguns.
Failure to comply with a requirement is a misdemeanor and is to result in license forfeiture.
Making a false statement on a purchase application is a misdemeanor, but law enforcement agencies are not explicitly required to verify an applicant is eligible to purchase a pistol.
State law does not define a "dealer," but does define a "commercial seller" to mean anyone who has a federal firearms license.
Licensing. Federal law requires dealers in all types of firearms to be licensed. A "dealer" under federal law is any person who is: (1) engaged in the business of selling firearms at wholesale or retail; (2) engaged in the business of repairing firearms or of making or fitting special barrels, stocks or trigger mechanisms to firearms; or (3) a pawnbroker whose business includes receiving firearms as security for payment.
The term "engaged in the business" in the federal definition means a person who devotes time, attention and labor to dealing in firearms as a regular course of trade or business, with the principal objective of livelihood and profit through repetitive dealing in firearms. It does not include a person who makes occasional sales, exchanges, purchases, repairs or other transactions involving firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of a personal collection of firearms.
The screening process for a federal dealer's license is more extensive than that for a state dealer's license, and, as with state law, to qualify for a federal license the applicant must have premises from which to conduct business. While a license is required for each of the premises, an exception is made for gun shows.
DOL reportedly processes approximately 580 original and approximately 1,600 renewal applications for dealer licenses per year. According to the Bureau of Alcohol, Tobacco and Firearms (ATF), over 6,000 federally licensed dealers list Washington State as their place of business. The Brady Bill recently raised the cost of a three-year federal license (original or renewal) from $30 to $200 for the initial three-year license, and $90 for a three-year renewal license. A state dealer's license costs $5 and must be renewed annually.
It has been suggested that some persons with federal licenses are not actually engaged in the business of selling firearms but rather are licensed primarily for the advantage of being able to purchase firearms at lower prices than an unlicensed consumer would pay.
CONFIDENTIALITY.
DSHS, mental health institutions, and other health care facilities must supply information relevant to determining a person's eligibility to possess a pistol or concealed pistol license upon written request from courts or law enforcement agencies. There is no specific requirement that the person authorize the disclosure of such information.
The information provided is to be used exclusively for the purpose of determining the person's eligibility to possess a pistol or for a concealed pistol license, and is not to be made available for public inspections except by the person who is the subject of the information. The statute imposing the requirement was enacted in 1983. However, the Uniform Health Care Information Act, enacted in 1991, specifies some circumstances in which a health care provider may deny a person his or her health information, such as when release of the information could reasonably be expected to endanger someone's life or safety.
Applications for concealed pistol licenses are exempt from public disclosure, except to law enforcement and corrections agencies. The same is not true of applications to purchase pistols or records of pistol transfers.
DOL keeps records of purchase applications and pistol transfers but is not expressly authorized by statute to do so. Law enforcement agencies check DOL records when a specific firearm is involved in the investigation of a crime.
PREEMPTION.
Since the state has preempted the area of firearms regulation, counties, cities and other municipalities may enact only those ordinances specifically authorized by state law. Currently, counties, cities and other municipalities may adopt ordinances restricting the discharge of firearms in areas where persons, domestic animals or property would be jeopardized, and may restrict possession of firearms in stadiums or convention centers unless the person has a concealed pistol license. Counties and cities are not authorized to regulate, through zoning, where firearms may be sold.
SCHOOL GROUNDS.
During the 1993 session, the Legislature amended the law governing firearms and other dangerous weapons on school grounds. Unless an exception applies, the law now prohibits any person from carrying firearms or other dangerous weapons onto school premises, school-provided transportation, or areas of facilities while being used exclusively by schools.
The current state law does not specifically address a situation where a person has possession of a firearm or other dangerous weapon on, but may not have carried the weapon onto, school premises.
Several exceptions concern weapons in vehicles. Any person conducting legitimate business at the school may have a firearm or other dangerous weapon if the weapon is: (1) secured in an attended vehicle; (2) concealed in a locked, unattended vehicle; or (3) unloaded and secured in a vehicle. Current firearm laws do not prohibit any person 14 years of age or older from possessing firearms, and do not prohibit the delivery of firearms other than pistols to anyone under the age of 21. Some persons have argued "conducting legitimate business at the school" includes attending school or after-school events as a student.
Carrying firearms or other dangerous weapons in violation of the statute is a gross misdemeanor and subjects a student to expulsion. "Expulsion" is, by definition, for an indefinite period of time.
JUVENILE DRIVING PRIVILEGES.
Currently, a court is required to notify DOL if the court has found that a juvenile between the ages of 13 and 18 years has violated the state's drug or alcohol control laws.
Upon receiving the notice and without a hearing, DOL must revoke the juvenile's driving privileges. For a first notice, DOL revokes the privileges for one year, or until the juvenile reaches 17 years of age, whichever is longer. For a subsequent notice, DOL revokes the privileges for two years, or until the juvenile reaches 18 years of age, whichever is longer.
A juvenile may petition the court for earlier reinstatement of driving privileges. The court may, at any time the court deems appropriate, notify DOL that the juvenile's driving privileges should be reinstated. However, for a first offense, the juvenile must wait to petition the court until 90 days after the date he or she turns 16, or 90 days after the judgment was entered, whichever is later. For a subsequent offense, the juvenile must wait until he or she turns 17, or one year after the date the judgment was entered, whichever is later.
Similarly, if a juvenile enters into a diversion agreement concerning a violation of the drug or alcohol control laws, the diversion unit must notify DOL after the diversion agreement is signed. Upon receiving the notice and without a hearing, DOL must revoke the juvenile's driving privileges.
The diversion unit also must notify DOL once the juvenile has completed the agreement so DOL can reinstate the juvenile's driving privileges. However, for a first offense, DOL cannot reinstate the driving privileges until the later of 90 days after the date the juvenile turns 16, or 90 days after the juvenile entered into the diversion agreement. For a subsequent offense, DOL cannot reinstate the juvenile's driving privileges until the later of the date the juvenile turns 17, or one year after the juvenile entered into the diversion agreement.
No similar provisions exist to revoke the driving privileges of juveniles who illegally possess firearms in a vehicle, or who commit offenses while armed with a firearm that involve the use of a vehicle.
MISCELLANEOUS PROVISIONS.
Immunity. The Brady Bill gives immunity to local governments and local and federal governmental employees responsible for providing information to the national instant criminal background check system, for failing to prevent the sale of a firearm to a person ineligible, or for preventing the sale of a firearm to a person eligible, to possess a firearm.
An applicant may bring a civil suit to enjoin a wrongful refusal to issue a concealed pistol license and is entitled to costs and reasonable attorneys' fees if successful.
Restricted Firearms. While the possession of short-barreled rifles and short-barreled shotguns is regulated under federal law, possessing such firearms does not violate state law.
Currently, firearms manufacturers in Washington State may produce machine guns for sale to the United States armed forces. Manufacturers are not expressly authorized to repair such firearms or to sell them to domestic law enforcement agencies, although law enforcement officers engaged in official duties are allowed to possess machine guns. Neither are manufacturers authorized by state law to sell machine guns to foreign countries, even if the manufacturer complies with all federal requirements.
Employees of such manufacturers are not required to undergo fingerprinting or background checks.
Conflicts Between Firearms Laws and Other Criminal Statutes. Some provisions of current firearm laws potentially conflict with other laws in the criminal code. For example, firearm laws concerning spring guns potentially conflict with the assault and homicide statutes.
A statute creating a presumption that a person armed with an unlicensed pistol intended to commit a crime of violence has been declared unconstitutional by the Washington Supreme Court.
PART II. SUPERIOR AND JUVENILE COURT JURISDICTION. (Staff: Pat Shelledy)
Juvenile Jurisdiction or Adult Criminal Court Jurisdiction. The Juvenile Court has exclusive original jurisdiction over juveniles under age 18 who have allegedly committed offenses. Under certain circumstances, the Juvenile Court may decline to exercise its jurisdiction over juveniles and may transfer the juvenile for prosecution as an adult to adult criminal court.
Juveniles may be transferred to adult court following a hearing in which the court considers a variety of factors to determine whether a transfer is in the best interests of the public or the juvenile.
All decline decisions are within the court's discretion.
A decline hearing will be held under the following circumstances:
(1)upon motion of the court, prosecutor or respondent in any case; or
(2)unless waived by the court, the state and the respondent, a decline hearing must be held when:
(a)the respondent is 15, 16 or 17 and the information alleges a class A felony or an attempt, solicitation or conspiracy to commit a class A felony; or
(b)the respondent is 17 years of age and the information alleges:
assault in the second degree;
extortion in the first degree;
indecent liberties;
child molestation in the second degree;
kidnapping in the second degree; or
robbery in the second degree.
Various states have created statutes which provide that certain juveniles who would otherwise be under juvenile court jurisdiction will not be treated as juveniles depending on their age, the seriousness of the alleged offense, and in some cases, the juvenile's criminal history.
Family Court and Juvenile Court. The Juvenile Court is a division of the Superior Court. The Family Court is not technically a division of the Superior Court, however, the judges act as the "Family Court" when considering cases involving divorce, custody, visitation and child support. The Juvenile Court considers cases involving dependencies and crimes committed by juveniles. One juvenile may be involved in various court systems simultaneously, such as when the juvenile is a dependent of the state, is also an offender, or is a child of parents involved in a divorce. Although the barrier between "Family Court" and "Juvenile" Court is artificial, it currently prevents one court from considering various issues affecting the same child.
Review of the Potential Disproportionate Impact of the Juvenile Offender System Upon Youth of Color. Last year the Legislature passed a bill, HB 1966, which implemented some of the recommendations of a study on racial discrimination in the juvenile justice system. One provision of HB 1966 directed the Office of the Administrator for the Courts to convene a working group to develop standards and guidelines for the prosecution of juvenile offenders. The work group is scheduled to submit its recommendations to the Legislature by December 1, 1994.
PART III. THEFT OF FIREARMS. (Staff: Pat Shelledy)
A person is guilty of theft in the second degree if the person steals a firearm having a value less than $1,500. Theft in the second degree is a class C felony. It has a seriousness level of I on the adult Sentencing Reform Act grid. The presumptive range for a first-time adult offender who commits theft in the second degree is 0 - 60 days in jail. If the firearm's value is greater than $1,500, the adult is guilty of theft in the first degree, which is a class B felony and which has a seriousness level of II on the grid. The presumptive range for crimes at seriousness level II is 0 - 90 days in jail for first-time offenders. If a person is in possession of a stolen firearm, regardless of its value, the person is guilty of possession of stolen property in the second degree, which is a class C felony at seriousness level I.
Special rules apply to dispositions imposed on juvenile offenders who commit theft in the first or second degree or possession of stolen property in the first or second degree. Under current law, depending upon the juvenile's criminal history, the prosecutor may divert a minor from prosecution for committing theft in the second degree or possession of stolen property in the second degree. If the juvenile is under age 17, the juvenile may be considered a "minor or first offender" depending on the offender's criminal history. Minor or first offenders' presumptive dispositions do not include detention as a disposition option. The actual disposition that a court may impose upon a juvenile depends on a variety of factors, including the juvenile's age, alleged offense, criminal history and recency of that criminal history.
PART IV. RECKLESS ENDANGERMENT IN THE FIRST DEGREE. (Staff: Pat Shelledy)
Reckless endangerment in the first degree is charged when a person recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person, and the discharge is either from a motor vehicle or from the immediate vicinity of a motor vehicle that was used to transport the shooter to the scene of the discharge. Reckless endangerment in the first degree is a class C felony and is ranked at seriousness level II on the adult sentencing grid. The standard range for seriousness level II is 0 - 90 days in jail for a first-time offender. Disposition rules that apply to juveniles who commit reckless endangerment in the first degree are similar to the rules that apply to juveniles who commit theft.
PART V. ADULT SENTENCING FOR DEADLY WEAPON ENHANCEMENTS. (Staff: Pat Shelledy)
If an adult commits certain offenses while the offender or an accomplice was armed with a deadly weapon, the prosecutor may file a special allegation alleging that the defendant was armed with a deadly weapon. If the trier of fact returns a special verdict finding that the defendant was armed with a deadly weapon when the offense was committed, the defendant must serve a mandatory minimum penalty in addition to whatever penalty the court imposes for the underlying offense. The additional penalty ranges are as follows:
12 months for assault 2, assault of a child 2, escape 1, kidnapping 2, burglary 2, theft of livestock 1 or 2, or any drug offense;
18 months for burglary 1; and
24 months for rape 1, robbery 1 or kidnapping 1.
The mandatory minimum penalty applies to attempts and conspiracies as well. Rape 1, robbery 1 and kidnapping 1 are serious violent offenses. All of the other offenses are violent offenses, except burglary 2, theft of livestock 1 or 2, and escape 1. All of the offenses are either class A or B offenses, except theft of livestock 2, which is a class C felony, and some drug offenses. Other "violent" crimes exist. The mandatory penalty enhancement for being armed with a deadly weapon during the commission of those violent offenses does not apply.
Comparable provisions do not exist in the juvenile offender disposition code.
PART VI. PERSONAL PROTECTION SPRAY DEVICES. (Staff: Bill Perry)
Certain chemical spray devices are commonly marketed and sold as self-defense devices. These sprays typically cause tearing of the eyes and running of the nose. They may also cause nausea. Generally, the purchase or possession of these devices is not illegal under state or federal law. However, use of a spray on another person, absent justifiable self-defense, may be a criminal assault. (Chapter 9A.36 RCW.) A more generalized discharge of a device in "any building or place" of a device that by its "offensive and pungent odor" will "annoy, injure, endanger or inconvenience any person" is a misdemeanor crime. (RCW 70.74.310.)
Because of fear over misuse of these devices, some local jurisdictions have banned private possession of some of them.
PART VII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994.
A.ADMINISTRATION. (Staff: Kristen Lichtenberg)
Structuring of the Division of Juvenile Rehabilitation. The state agency responsible for juvenile offenders is DSHS. The secretary of DSHS is a cabinet-level position, and the law gives the secretary broad authority to create administrative structures within the department, except as otherwise required by law. The DSHS secretary appoints assistant secretaries to administer the divisions within DSHS. Currently, the assistant secretary for Children, Family and Youth Services (CFYS) has jurisdiction over juvenile rehabilitation; within CFYS, the Division of Juvenile Rehabilitation (DJR) fulfills DSHS's responsibilities for juvenile offenders. CFYS receives 7.1 percent of DSHS's total budget, and DJR receives 28.8 percent of the CFYS budget. DJR thus receives only 2 percent of the DSHS budget.
Warrant Authority. The Fourth Amendment to the United States Constitution requires that an arrest warrant be issued by a "neutral and detached" magistrate who is capable of determining the existence of probable cause. The Fourth Amendment does not prohibit non-judges from issuing warrants, but the constitution does require severance of the warrant process from activities of law enforcement.
In Washington, the secretary of the Department of Corrections has narrow warrant-issuing authority. When the secretary grants a furlough to a prisoner, and either the prisoner violates furlough terms or the secretary revokes the furlough, the secretary has the statutory authority to issue an arrest warrant for the prisoner. Similarly, community corrections officers have the authority to cause the arrest without a warrant of offenders who violate terms of their sentences.
Juvenile Disposition Standards Commission. The Juvenile Disposition Standards Commission (JDSC) proposes juvenile disposition standards to the Legislature. The JDSC is chaired by the secretary or the secretary's designee, and includes nine other members appointed by the Governor. The JDSC currently has no legislator members. Members serve three-year terms.
The JDSC reviews the effectiveness of existing disposition standards, reviews application of the juvenile justice laws for disproportionality, and recommends modifications of disposition standards.
Juvenile Offender Education. Juvenile offenders who are committed to DJR receive education provided by the school district in which the DJR facility is located. No centralized authority coordinates education for committed juvenile offenders.
B.STUDIES CONCERNING JUVENILE JUSTICE. (Staff: Kristen Lichtenberg)
There is concern about the state's and local jurisdictions' ability to fulfill adequately confinement needs for juvenile offenders. Significant change to the juvenile justice system could require the Office of the Administrator for the Courts to promulgate new standards for the administration of juvenile justice.
C.JUVENILE DISPOSITION STANDARDS. (Staff: Kristen Lichtenberg and Pat Shelledy)
Offender Categories. The current juvenile justice system bases the type and length of a juvenile's disposition (sentence) on several factors, including the juvenile's offender category. Juvenile offenders are characterized as "minor or first offenders," "middle offenders," or "serious offenders," depending on their age and criminal history.
Minor or first offenders are juveniles 16 years of age or younger whose criminal history falls entirely within one of the following categories:
(1)(a) four misdemeanors;
(b) two misdemeanors and one gross misdemeanor;
(c) one misdemeanor and two gross misdemeanors; or
(d) three gross misdemeanors; or
(2)one class C felony, except manslaughter in the second degree, and one misdemeanor or gross misdemeanor; or
(3)one class B felony, except: any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; burglary in the second degree; robbery in the second degree; residential burglary; vehicular homicide; or arson in the second degree.
A serious offender, by contrast, is an offender who is 15 or older and whose current offense is a class A felony, an attempted class A felony, manslaughter 1, or a designated class B felony in which the offender either is armed with a deadly weapon or inflicts bodily harm upon another.
Middle offenders are juvenile offenders who are neither minor/first nor serious offenders. The middle offender category therefore includes both a 17 year old who commits a minor offense and a 14 year old who commits a class A felony.
Diversion. Some juveniles must or may be "diverted" from the juvenile justice system when they commit an offense. A diverted youth is referred to a county diversion unit, which is a probation counselor or any other person or entity with whom the Juvenile Court administrator has contracted to arrange and supervise the juvenile's compliance with a "diversion agreement." Some Juvenile Court administrators contract with "community accountability boards" to act as diversion units.
In the discretion of the prosecutor, an alleged offender may be diverted for some class C felonies, depending on the offender's criminal history and other factors. Under current law, a juvenile offender accused of reckless endangerment in the first degree, theft in the second degree, possession of stolen property in the second degree, or unlawful possession or delivery of a firearm may be diverted if the offender otherwise meets the criteria for diversion.
Diversion agreements may require community service, restitution, counseling and a fine.
Statutory Standard Disposition Ranges. Current law establishes a determinate sentencing system for juveniles. The standard range bases the type and length of a juvenile's disposition (sentence) on several factors:
!the juvenile's offender category: minor/first, middle, or serious;
!the type and recency of the juvenile's criminal history; and
!the current offense.
As an alternative to the standard range, courts can declare a manifest injustice and impose a lighter or stiffer disposition. Certain sex offenders are also eligible for the special sex offender disposition alternative (SSODA), under which their confinement is suspended on condition they receive treatment.
When sentencing a juvenile, the court uses a different schedule depending on the juvenile's offender category. These schedules contain disposition ranges based upon the juvenile's "points." Points are determined by assigning a score to the juvenile's age and current offense and increasing this score based upon the type and recency of the juvenile's criminal history.
Ranges for Minor/First and Middle Offenders. For both minor/first and middle offenders, the standard disposition ranges contain terms of community supervision (probation). Minor/first and middle offenders with the same number of points receive the same standard ranges of community supervision. The only difference is that middle offenders are eligible for detention time in addition to community supervision.
The standard range for a middle offender includes 30 days or less of detention time if the offender has fewer than 110 points. If the middle offender's point total exceeds 110, the standard range includes commitment to the Division of Juvenile Rehabilitation (DJR).
Option B. Instead of choosing a disposition within the standard range, courts can impose a determinate disposition of community supervision under Option B. For middle offenders, this disposition can include up to 30 days of confinement. To impose this confinement, the court must state aggravating or mitigating factors. For middle offenders whose points exceed 110, the court can use Option B to impose 30 days' or less confinement, and to thereby avoid committing the juvenile to DJR.
SSODA and Suspended Sentences. If a juvenile is convicted of certain sex offenses, the court can order a disposition within the standard range, and the court can suspend this disposition to permit the offender to receive treatment. This is known as the special sex offender disposition alternative (SSODA). During this time, the offender must comply with community supervision and other conditions.
Deferred and Suspended Dispositions. Other than under SSODA, the law prohibits courts from imposing deferred or suspended dispositions.
Consecutive Dispositions: Maximum Terms. When a disposition is imposed on a juvenile for two or more offenses, the terms run consecutively, subject to specified limitations on the maximum terms of community supervision, confinement, community service hours and a maximum fine that may be imposed. An additional cap on juvenile dispositions is that juveniles may not be confined for a period longer than an adult would be confined for the same offense.
Community Supervision. Many juveniles receive a term of community supervision (probation) as a disposition option. Community supervision may include requirements that the juvenile report to an officer, attend information classes or counseling, or perform community service. If the juvenile violates terms of his or her community supervision agreement, the court can impose thirty days' confinement or additional terms of community supervision.
Parole. After a juvenile is released from commitment to DJR, the department may impose up to 18 months of parole. If the juvenile was adjudicated of a sex offense, a parole term of 24 months is mandatory. As conditions of parole, the department may require the juvenile to undergo treatment, to report to a parole officer, to pursue a course of study, to remain in prescribed geographical areas, and to refrain from committing new offenses.
If a juvenile violates parole conditions, the department may impose additional or more intense terms of parole or may confine the juvenile for up to thirty days. Confinement imposed for parole violations is served intermittently or for a portion of each day. If the juvenile had been confined for certain sex offenses, the department can return the juvenile to DJR for the remainder of his or her confinement range.
D.JUVENILE OFFENDER BASIC TRAINING CAMP PROGRAM. (Staff: Antonio Sanchez)
DJR is responsible for providing a continuum of preventative, rehabilitative, residential and supervisory programs and services that hold juvenile offenders accountable for their behavior, protect the public, and eliminate repetitive criminal behavior. The system provides specific treatment interventions designed to reduce illegal behavior, avoid idleness, promote the work ethic and enhance self improvement opportunities.
DJR currently does not administer a basic training program. The department does, however, administer two active forest camp programs: Naselle Youth Camp and Mission Creek Youth Camp. These programs are conducted in conjunction with the Department of Natural Resources. Offenders participating in these programs are required to perform hard physical work such as thinning and planting trees and suppressing fires in addition to attending basic education classes.
Most, but not all, correctional basic training camps are styled after the military model for basic training. A basic training camp contains two major characteristics:
1.a basic training atmosphere, with strict rules and discipline; and
2.participation in work programs, skill development training, drills and physical training.
Currently, King County is the only government entity in the state that has approved a juvenile basic training program. This program has not been started because of siting difficulties.
Juvenile basic training camp programs have been started with federal support in Alabama, Colorado, and Ohio. Other states, including California, have funded their own programs.
E.CURFEWS AND RUNAWAYS.
CURFEWS. (Staff: Bill Perry)
Concern over unsupervised nighttime activity by minors has periodically caused various local jurisdictions to enact curfew ordinances. The state Supreme Court, however, ruled such an ordinance unconstitutional in 1973. Although there is a statute (RCW 43.06.220) authorizing the Governor to impose a temporary curfew as part of a declaration of an emergency, there is no state law addressing the question of an ongoing curfew for minors.
The state Supreme Court decision declaring a curfew ordinance unconstitutional is Seattle v. Pullman, 82 Wn.2d 794 (1973). The decision struck down a Seattle curfew law on two grounds. The court found that the law violated due process because it was too vague and that it violated the police powers of the city because it failed to distinguish between innocent and harmful behavior.
The Seattle ordinance imposed a curfew from 10 p.m. to 5 a.m. on persons under the age of 18. It made it illegal to "loiter, wander or play" on streets, sidewalks, highways, alleys, parks or other public places, or to be in an automobile during the curfew. Three exceptions were provided. First, the curfew did not apply to a minor who was accompanied by a parent or guardian. Second, it did not apply to a minor who was traveling by "direct route" to work while carrying evidence that his employment was approved by the proper authorities. Third, the curfew did not apply to a minor who was traveling by direct route to a religious or educational activity while carrying written permission from a parent or guardian.
In holding the Seattle ordinance unconstitutionally vague, the court declared that the words "loiter, idle, wander or play" did not provide "ascertainable standards" so that a reasonable person could know what behavior is prohibited. Vagueness, however, was not the only defect the court found. In holding the ordinance unconstitutionally beyond government's police powers, the court declared the ordinance was not reasonably related to some permissible goal. The court noted that there was not the "requisite connection" between the legitimate end of protecting minors from abuse and the means employed which amounted to "the invasion of protected freedoms." The court stated that:
"Prima facie, mere sauntering or loitering on a public way is lawful and the right of any man, woman, or child." Pullman, at page 800, quoting Commonwealth v. Carpenter, 325 Mass. 519 (1950).
In a 1990 decision upholding a Seattle panhandling ordinance, the court cited Pullman with implicit approval. In Seattle v. Webster, 115 Wn.2d 635 (1990), the court upheld the panhandling law because, unlike the curfew ordinance in Pullman, it did not ban "mere sauntering or loitering on a public way." The panhandling ordinance required proof of specific intent to violate a law, i.e., to obstruct pedestrian or vehicular traffic.
Although the state Supreme Court has spoken directly on the issue of the constitutionality of curfews, there is no U.S. Supreme Court ruling directly on the issue of curfews for minors.
RUNAWAYS. (Staff: David Knutson)
When a child runs away from home, law enforcement officers are required by statute to pick up the child and either return the child home, take the child to a crisis residential center, or take the child to the home of a responsible adult. Law enforcement officers have a difficult time returning children home when they are illegally harbored by adults. Illegally harboring a minor is punished as a misdemeanor for the first offense, and a gross misdemeanor for subsequent violations.
PART VIII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1995. (Staff: Kristen Lichtenberg and Pat Shelledy)
See discussion of background under Part VII A through D.
Summary of Bill:
PART I. FIREARMS AND DANGEROUS WEAPONS.
Persons who are prohibited from possessing pistols may not possess any type of firearm. It is a class C felony for any person who is prohibited from possessing a firearm to do so, and it is a class C felony to deliver a firearm to someone prohibited from possessing one.
FIREARMS AND JUVENILES.
It is a class C felony for juveniles under the age of 18 to possess firearms unless an enumerated exception applies. The several exceptions include: safety training, target shooting or practice at an established range; engaging in an organized competition; hunting with a valid license; traveling to and from such activities with an unloaded firearm; being on family property with parental permission; military service; and some situations of lawful use of deadly force. Also, there is an exception for juveniles at least 15 years old with hunter education certificates, who may lawfully possess firearms in an area where it is legal to discharge firearms. Any juvenile over the age of 15 without a hunter education certificate, any juvenile under the age of 15, and any juvenile using a pistol must have parental supervision for the exception to apply.
There is no exception for emancipated minors.
FIREARMS AND OTHER PERSONS.
Persons Disqualified from Possessing Firearms. In addition to persons currently prohibited from possessing firearms, persons who have been voluntarily committed for mental health treatment in excess of 14 continuous days, or who have been convicted on three occasions of operating a motor vehicle or vessel while under the influence of alcohol or drugs, may not possess a firearm until their right to do so has been restored.
Restoration of Rights. A person who is prohibited from possessing a firearm because of having been committed for mental health treatment, either voluntarily or involuntarily, may petition a court to have his or her right to possess a firearm restored. The petition must include information specified in the act, and the petitioner bears the burden of proving the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur. The requirement that DSHS develop rules for an approval process is removed.
A person who is prohibited from possessing a firearm because of three convictions of driving a motor vehicle or operating a vessel while under the influence of alcohol or drugs may, after five continuous years without further convictions for any alcohol-related offense, petition a court of record to have the right to possess a firearm restored.
Delivery of Firearms. The delivery statute is amended to remove undefined terms and to make it a class C felony to deliver a firearm to anyone for whom it is a class C felony to possess a firearm.
Carrying Firearms. No one over 18 years of age may carry a firearm unless the firearm is unloaded and enclosed in an opaque case or secure wrapper, or an exception applies. The exceptions are similar to the circumstances in which a person under 18 years of age may possess a firearm. In addition, there are exceptions for persons with pistols who are licensed to carry concealed pistols, persons with unloaded firearms secured in place in a vehicle, and law enforcement officers.
CONCEALED PISTOL LICENSES.
Since a person must be 21 years of age to qualify for a concealed pistol license, a person at least 18 years of age, but under the age of 21, may only possess a pistol at work, at home, on property he or she owns, or under other circumstances in which one of the exceptions for juveniles applies.
A retired police officer does not need a license to carry a concealed pistol.
Applications. The current list of crimes for which a conviction will disqualify a person for a concealed pistol license, unless his or her rights are restored, is replaced by a reference to a list of crimes against a child or other person.
An issuing authority must accept applications for concealed pistol licenses during normal business hours.
The issuing agency must check the Washington State Patrol and DSHS electronic data bases, and other resources as appropriate, to determine whether an applicant is eligible for a concealed pistol license.
If an issuing agency discovers a license was issued in error, the agency must revoke the license and require the applicant to lawfully transfer, within 14 days of revocation, any pistol acquired while the applicant was in possession of the license.
A person who knowingly makes a false statement concerning citizenship or identity on a concealed pistol license application is guilty of a gross misdemeanor under the false swearing statute. In addition, the person is permanently ineligible for a concealed pistol license.
DOL must make information regarding issued concealed pistol licenses available to law enforcement and corrections agencies in an on-line format.
Licensing Fees. All of the licensing fees are increased. An original license fee is increased to $65, to be distributed as follows: $25 to the state general fund, $10 to the agency taking the fingerprints, $20 to the issuing authority and $10 to the firearms range account. A renewal license fee is increased to $55, with $25 to the state general fund, $20 to the issuing authority and $10 to the firearms range account. The late penalty is increased to $20, with $10 to the state wildlife fund and $10 to the issuing authority. Finally, the alien license fee is increased to $25 for a license that must be renewed every four years.
FIREARMS DEALERS.
A dealer is defined as a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license. Collectors making occasional sales are excluded.
Deliveries to Purchasers. The waiting period before a dealer can deliver a pistol when the purchaser does not have a valid concealed pistol license is changed from five consecutive days to five business days, to correspond with the federal waiting period.
Law enforcement agencies are expressly required to check the Washington State Patrol and DSHS electronic data bases, and other resources as appropriate, to determine whether an applicant is eligible to possess a pistol. Once the national instant criminal background check system is operable, a dealer is required to rely on it for criminal background checks, but a law enforcement agency still is required to check the DSHS data base for mental health commitments.
A dealer who knowingly sells or delivers a firearm to a person ineligible to possess one is guilty of a class C felony and will have his or her dealer's license permanently revoked.
A person who knowingly makes a false statement concerning identity or eligibility on a purchase application is guilty of a gross misdemeanor under the false swearing statute.
Like concealed pistol applications, purchase applications, transfer records, and information obtained concerning mental health histories are exempt from public disclosure.
DOL is authorized to keep copies of purchase applications or records of pistol transfers.
Licensing. Any federally licensed dealer in the state must obtain a state dealer's license and register with the Department of Revenue. DOL is required to report to ATF dealers who do not comply with these requirements and whose gross proceeds from sales fall below a specified level. However, in reporting to ATF, DOL is not to specify whether a particular dealer has failed to comply with licensing requirements, registration requirements, or has low gross sales proceeds.
To apply for a state dealer's license, an applicant must have a federal license and must undergo fingerprinting and a background check. A dealer must be eligible for a concealed pistol license, even if he or she does not have one. A dealer also must require every employee who may sell a firearm in the course of his or her employment to undergo fingerprinting and a background check. An employee must be eligible to possess a firearm before being permitted to sell a firearm. In addition, every employee selling firearms must comply with the requirements concerning purchase applications and restrictions on delivery of pistols that are applicable to dealers.
The fee for a dealer's license is increased to $25.
The dealer must post his or her license in the area of the store where firearms are sold. A dealer may conduct business from a temporary location for a gun show and must post his or her license at that temporary location.
CONFIDENTIALITY.
A signed application to purchase a pistol or for a concealed pistol license constitutes an authorization to DSHS, mental health institutions, and other health care facilities to release, to an inquiring court or law enforcement agency, information relevant to the applicant's eligibility to possess a pistol or for a concealed pistol license.
Information received by DOL, a license issuing authority, a law enforcement agency, or a court concerning a person's mental health history or other qualifications for a concealed pistol license or to possess a pistol, may only be disclosed in compliance with the Public Disclosure Act.
The Public Disclosure Act is amended to make applications for concealed pistol licenses or to purchase a pistol, records of pistol sales, and mental health information exempt from public disclosure, with some exceptions. Law enforcement and corrections agencies may see or receive copies of the information. A person who is the subject of mental health information who wishes to see the information must seek its disclosure directly from the health care provider. However, a person is entitled to see or receive copies of his or her own applications for a concealed pistol license or to purchase a pistol, and records or his or her pistol purchases. The general public may receive information, such as for research or statistical purposes, that does not identity the name, address, or Social Security number of any person who is the subject of the information.
DOL is expressly authorized to keep records of purchase applications and pistol transfers.
PREEMPTION.
Local governments may designate, through zoning, where firearms may be sold but, with one exception, may not treat a business selling firearms more restrictively than other businesses within the same zone. Local governments may restrict, to not less than 500 feet from schools, the location of storefront businesses advertising firearms for sale.
SCHOOL GROUNDS.
It is illegal to possess firearms or other dangerous weapons on school premises, school-provided transportation or areas of facilities while being used exclusively by public or private schools.
The exceptions for weapons in vehicles apply only to non-students at least 18 years of age.
Any student who violates the prohibition against firearms on school grounds shall be expelled for an indefinite period of time.
JUVENILE DRIVING PRIVILEGES.
The driving privilege of a juvenile who illegally possesses a firearm in a vehicle, or who commits an offense while armed with a firearm, if that offense involves the use of a vehicle, are to be revoked for one year for a first offense. Driving privileges are to be revoked for two years for second or subsequent offenses. If a juvenile also commits other offenses for which driving privileges are revoked, revocation periods are to run consecutively.
MISCELLANEOUS PROVISIONS.
Immunity. Governmental and private entities and their employees, acting in good faith, are immune from liability for: (1) preventing or failing to prevent pistol sales; (2) issuing or failing to issue concealed pistol license; (3) revoking or failing to revoke concealed pistol licenses; and (4) for errors in preparing or transmitting information as part of determining a person's eligibility to receive or possess a firearm, or eligibility for a concealed pistol license.
A suit may be brought for a writ of mandamus directing an agency to issue a concealed pistol license wrongfully refused, or directing erroneous information resulting either in the wrongful refusal to issue a concealed pistol license or in the wrongful denial of a purchase application be corrected. The court is to provide an expedited hearing on the suit. A person who prevails against a public agency in such a suit is entitled to reasonable attorney fees and costs.
Restricted Firearms. A person may possess short-barreled shotguns or short-barreled rifles only if in compliance with federal law.
Washington firearm manufacturers may produce and repair machine guns, short-barreled shotguns, and short-barreled rifles. Manufacturers also may sell such firearms to domestic governmental law enforcement agencies and, if in compliance with federal law, to foreign countries. Employees of the manufacturers must undergo fingerprinting and background checks.
Washington Advisory Panel. The Washington Advisory Panel on Firearms is established to advise the Governor and the Legislature on matters concerning firearms. The advisory panel shall cease to exist on June 30, 1999.
Other Provisions. Conflicting statutes are amended or repealed, the statute held unconstitutional by the Washington Supreme Court is repealed, and numerous additional changes are made.
PART II. SUPERIOR AND JUVENILE COURT JURISDICTION.
Juvenile Jurisdiction or Adult Criminal Court Jurisdiction. The adult criminal court will have jurisdiction over offenders who are age 16 or 17 and:
(1)the alleged offense is a serious violent offense; or
(2)the alleged offense is a violent offense, and the juvenile has a criminal history consisting of:
(a)at least one serious violent offense; or
(b)at least two violent offenses; or
(3)the alleged offense is a violent offense, and the juvenile has a criminal history consisting of three or more of any combination of the following offenses: any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, if the offenses were committed after the juvenile's 13th birthday and prosecuted separately.
No hearing will be held. Provisions are added to clarify that the provision applies to juveniles age 16 or 17 who allegedly commit a serious violent or a violent offense on or after the effective date of the provision. The criminal history which may result in the loss of Juvenile Court jurisdiction may have been acquired before the effective date of the provision. If the juvenile challenges the criminal history, procedures are adopted to process that challenge. A number of statutes are amended to make technical cross-references to the new provision.
Family Court and Juvenile Court. The Family Court will have concurrent original jurisdiction with the Juvenile Court over all Juvenile Court proceedings.
Review of the Potential Disproportionate Impact of the Juvenile Offender System Upon Youth of Color. To reduce the likelihood that implementation of the juvenile justice act and the new provision governing juvenile offenders being prosecuted as adults will differentially and unjustifiably affect youth of color, all youth prosecuted for offenses under the act and for offenses which will result in a juvenile under age 18 being prosecuted as an adult must be charged and prosecuted according to prosecutorial standards which must be racially neutral and equitably applied.
PART III. THEFT OF FIREARMS.
A new crime of theft of a firearm is created. A person is guilty of theft of a firearm if the person steals a firearm, possesses a stolen firearm, delivers a stolen firearm, possesses with intent to deliver a stolen firearm, or sells a stolen firearm. Theft of a firearm is a class B felony.
The seriousness level on the Sentencing Reform Act grid, which applies to adults, is level V. The presumptive range for a first-time offender convicted of theft of a firearm is 6 - 12 months in jail.
See Part VII for penalty provisions related to juveniles that commit theft of a firearm.
PART IV. RECKLESS ENDANGERMENT IN THE FIRST DEGREE.
Reckless endangerment in the first degree's seriousness level is raised from a level II to a level V, and its classification is raised to a class B felony.
The presumptive range for a first-time adult offender at seriousness level VI is 6 - 12 months in jail.
See Part VII regarding penalties for juveniles who commit reckless endangerment in the first degree.
PART V. ADULT SENTENCING FOR DEADLY WEAPON ENHANCEMENTS.
If an adult commits any violent offense, which is not already identified in the deadly weapon enhancement statute, while armed with a deadly weapon, an additional 12 months of confinement in prison will be added to the confinement imposed on the underlying crime.
See Part VII regarding penalty provisions for juveniles who commit a crime while armed with a deadly weapon.
PART VI. PERSONAL PROTECTION SPRAY DEVICES.
Possession of a personal protection spray device by a person under age 18 is a misdemeanor, unless the person is over 14 and has parental permission.
Local jurisdictions may not prohibit the sale or possession of personal protection spray devices by persons age 18 or older, or by persons 14 or older who have parental permission.
PART VII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994.
A.ADMINISTRATION.
Assistant Secretary Position for DJR. The bill requires the secretary to appoint an assistant secretary to administer the department's juvenile rehabilitative responsibilities. The bill imposes specific statutory responsibilities on the assistant secretary, including:
!preparing a budget request sufficient to meet DJR's forecast needs;
!creating, by rule, a formal inmate classification system;
!developing substance abuse treatment programs;
!developing vocational education programs;
!developing regional facilities in cooperation with local authorities;
!developing disciplinary policies;
!developing procedures to evaluate residents for learning disabilities, attention deficit disorder, fetal alcohol syndrome, etc;
!studying vocational education needs among residents and reporting to the Legislature;
!establishing a program to develop self-worth and respect for self and others in juvenile offenders; and
!study the feasibility of consolidating within a single entity the responsibility for juvenile offender education.
Warrant Authority. The bill gives the assistant secretary the authority to issue arrest warrants for juveniles who escape from the department's residential custody.
Commitment Caps. The department may not condition disbursal of funds to counties on counties' compliance with commitment caps.
Local Law and Justice Council Juvenile Justice Advisory Committees. Local law and justice councils shall establish juvenile justice advisory committees, which shall include Juvenile Court administrators and citizens. The advisory committees shall monitor juvenile dispositions, rehabilitation and proportionality. The committees shall report to the JDSC.
B.STUDIES CONCERNING JUVENILE JUSTICE.
Courts to Establish Standards. The Office of the Administrator of the Courts (OAC) will convene a work group to establish standards to guide the court's discretion at important stages of juvenile proceedings, i.e., deferring adjudication, suspending a sentence and setting of rehabilitative goals. The OAC will also convene a work group to ensure that pre-disposition evaluations will be conducted according to uniform statewide standards. Both of these standards will be needed upon the effective date of part II of this bill.
Legislative Study Committee. The bill establishes a legislative study committee to review the implementation and administration of Title 13's provisions relating to juvenile offenders. Specifically, the committee shall review local jurisdictions' ability to administer juvenile justice.
C.JUVENILE DISPOSITION STANDARDS.
Offender Categories. The reference to "minor or first offenders" is changed to "minor offenders." A juvenile whose current offense is a felony cannot be a minor offender. The reference to age is deleted; any juvenile who commits a minor offense is a minor offender.
Similarly, the reference to age in the definition of serious offender is deleted. All juveniles who commit class A or selected class B felonies are "serious offenders."
Diversion. Juvenile Court administrators are expressly authorized to contract with "community accountability boards" to act as diversion units. "Community accountability boards" are defined.
Only first-time misdemeanants and gross misdemeanants are eligible for mandatory diversion. The prosecutor must file charges if the current offense is a felony and the offender has a history of any felony or more than two misdemeanors or gross misdemeanors.
A juvenile may not be diverted if he or she commits a class C felony that is a violation of the crime of delivery of a firearm, unlawful possession of a firearm or reckless endangerment in the first degree. Because the new crime of theft of a firearm is a class B felony, juveniles may not be diverted for that crime. The prosecutor cannot divert juveniles who committed offenses while armed with a deadly weapon.
In addition to the existing requirements, a diversion agreement may contain requirements to remain at home, school or work, and restrictions on leaving or entering specified geographical areas. Also, information classes required by curfew agreements may include classes on self-esteem and respect for self, others, and authority. Parents must be parties to diversion agreements, and the diversion authority must consult parents before imposing penalties under a deferral agreement.
Dispositions and Standard Ranges.
SSODA Violations. Community supervision for SSODA offenders will last at least two years. If a juvenile offender is sentenced under the special sex offender disposition alternative, the court may impose up to 30 days confinement for violations of the disposition conditions. Confinement imposed for violations shall run consecutively with any confinement imposed as part of the disposition.
Community Supervision. Juveniles on community supervision must attend school if they are within the ages of compulsory school attendance; the court must notify the school of this requirement. As a mandatory condition of community supervision, a juvenile must refrain from committing new offenses.
If a juvenile on community supervision commits a new offense, he or she will receive a penalty of thirty days' confinement, which shall be in addition to any penalty imposed for the new offense. When a juvenile offender wilfully violates terms of community supervision, the court can impose further community supervision conditions, in addition to the confinement already permitted by the statute.
Suspended Sentences and Option B. The bill gives the court authority to impose a suspended sentence under Option B. When a middle offender has fewer than 110 points, and the presumptive range therefore does not include commitment to DJR, the court may use "Option B" to impose a determinate sentence of community supervision and up to 30 days of detention. If the middle offender has more than 110 points, and the range thus requires commitment to DJR, the court may impose the statutory term of commitment, but it may suspend this commitment on condition that the offender serve up to 30 days of confinement and comply with community supervision. If the offender fails to comply with the community supervision conditions, the court may either use the statutory sanctions for community supervision, or the court may revoke the suspended disposition and order execution of the term of commitment. To impose confinement under this option, the court must state aggravating or mitigating factors.
Manifest Injustice. A court may declare a manifest injustice and impose a disposition outside the standard range if a disposition within the standard range would fail to promote the juvenile's best rehabilitative interest.
Miscellaneous Disposition Changes. If a juvenile is released due to overcrowding, the department must inform the sentencing court at the time of release, not at the end of the calendar year.
The definitions of "confinement" and "detention facility" are expanded to include group homes, foster homes, electronic monitoring, inpatient substance abuse treatment and electronic monitoring.
If a court is unable to impose a disposition option due to a lack of funds, services, or bed space, the court will make a finding to this effect in the disposition order. The Juvenile Disposition Standards Commission will track and report on such findings.
Deferred Adjudication and Out-of-Home Placements. Before adjudication, the court may grant a one-year deferral of adjudication and impose a term of community supervision. If the juvenile complies, the court dismisses the case with prejudice. If the juvenile fails to comply, the court enters an order of adjudication and a disposition; the juvenile waives procedural rights. Juveniles are not eligible for deferral if charged with a sex or violent offense, or if they have a prior deferred adjudication. Successfully completed deferred adjudications do not count as criminal history. The state does not assume an ongoing funding obligation for deferred adjudication and out-of-home placement.
In addition to imposing community supervision, the court can order an out-of-home placement if the juvenile is in need of supervision, the placement is in the juvenile's best interests, and reasonable efforts have been made to prevent out-of-home placement. Courts make direct out-of-home placements and must first consider placement with a relative. The receiving agency or person can move at any time for a change of placement; courts also undertake a 90-day administrative placement review. Placements are subject to available beds.
Theft of a Firearm: Penalties for Juveniles.
Theft of a firearm will by default be given a seriousness level "B" on the juvenile disposition grid. The Juvenile Disposition Commission is directed to advise the Legislature at what seriousness level theft of a firearm should be placed on the juvenile grid. The recommendation should be made no later than November 1, 1994. Juveniles who commit theft of a firearm may not be considered minor or first offenders, and they may not be diverted because it is a class B felony. A juvenile who is adjudicated of theft of a firearm must be committed to DSHS for a minimum of 120 days. DSHS may not release the offender prior to the expiration of 120 days' confinement.
Reckless Endangerment in the First Degree: Juvenile Penalties. The Juvenile Disposition Commission is directed to advise the Legislature at what seriousness level to place reckless endangerment in the first degree on the juvenile offender grid. That recommendation should be made by November 1, 1994. A juvenile adjudicated of reckless endangerment in the first degree may not be diverted and may not be a minor or first offender.
Deadly Weapon Enhancements: Penalties for Juveniles. The juvenile disposition code is amended to adopt deadly weapon enhancements similar to those in the adult system. If a juvenile or an accomplice was armed with a deadly weapon when committing one of the felony offenses designated for adult penalty enhancement, the juvenile will be committed to DSHS for 180 days in addition to any term of confinement ordered for the underlying offense. The juvenile may not be released by the department before the 180 days expire unless the juvenile is eligible for and completes the juvenile offender basic training camp program. The 180-day enhancement also applies to anticipatory offenses.
Minimum Terms--Unlawful Possession of a Firearm; Delivery of a Firearm. A juvenile adjudicated of unlawful possession of a firearm shall be confined for a minimum of 30 days. The offender shall not be released before the expiration of the 30-day term.
A juvenile adjudicated of delivery of a firearm shall be committed to the department for a minimum term of 120 days.
Consecutive Dispositions: Maximum Terms. Disposition terms run consecutively or concurrently, at the court's discretion. Limitations on maximum terms of confinement are removed. If a juvenile is adjudicated for theft of a firearm, unlawful possession of a firearm, delivery of a firearm or committing a crime while armed with a deadly weapon, and the juvenile is also adjudicated for other offenses at the same time, the term imposed for the weapons offense must run consecutively to confinement imposed on the other offense.
D.JUVENILE OFFENDER BASIC TRAINING CAMP PROGRAM.
DSHS is required to establish and operate a juvenile offender basic training camp. Available state, military or federal facilities or land must be considered when the camp is sited by the department. The operation of the basic training camp can be by a private contractor or federal, state or local government, including the National Guard. The camp must accommodate at least 70 beds.
Juvenile Offender Basic Training Camp Model. The basic training camp program must be a structured and regimented model. Program components include: basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling and structured intensive physical training.
Length of the Program. Juvenile offender participants in this program spend the first 120 days of their sentence in the basic training camp. After successful completion of the camp, offenders are required to spend the remainder of their sentences in an intensive after-care parole program. If individuals are removed from the program because of discipline problems, they are required to spend the remainder of their sentences in a juvenile institution.
Eligibility. Only juvenile offenders committed to a sentence of between 52 and 78 weeks are eligible to be sentenced to the basic training camp. Violent and sex offenders are barred from the program. The court commits the offender to the department, and the department places eligible juveniles in the camp.
Offenders with physical or mental health difficulties are screened to determine if participation in the program would jeopardize their performance or health.
Post-Program Follow-Up. The department is required to develop a comprehensive post-program follow-up component for all participants who successfully complete the basic training camp. The follow-up component assists the offenders to successfully reintegrate into the community.
Post-Program Data and Reports. The Department of Social and Health Services is required to develop and maintain data on the recidivism rates of participants of the juvenile offender basic training camp program for a period of two years after they have completed the program. The department is also required to maintain information on the criminal activity, educational progress and employment activities of all program participants.
An outcome evaluation report on the progress of the juvenile offender basic training program must be completed by the Department of Social and Health Services by December 12, 1996.
Local Juvenile Offender Basic Training Camps. The Department of Social and Health Services is required to encourage and provide technical assistance to local juvenile corrections authorities in the development and siting of juvenile offender basic camps.
E.CURFEWS AND RUNAWAYS.
CURFEWS.
Persons under the age of 17 are prohibited from being in public between the hours of midnight and 5 a.m.
Exceptions are provided for:
1.youths accompanied by a parent, or by another person at least 21 years old who have a parent's authorization;
2.youths traveling to or from religious, political or school activities;
3.youths traveling to or from work; and
4.youths in public due to some reasonable necessity.
Police may stop and detain youths to determine their ages, names and addresses. A youth in violation of the curfew may be taken to his or her home, or to a residential center or other facility with adult supervision.
A second curfew violation during the same curfew period is a misdemeanor.
A local government may choose not to have the curfew apply within its jurisdiction. If a local jurisdiction lacks sufficient bed space for youths who violate the curfew, as determined by the Department of Trade and Economic Development and DSHS, then the jurisdiction must exempt itself from the state curfew. A local government that has sufficient bed space may adopt a local curfew ordinance, so long as it is not more restrictive or punitive than the state curfew.
RUNAWAYS.
Law enforcement officers will pick up runaways and either return them to their parent or guardian, take them to a crisis residential center, the home of an adult relative, or to a responsible adult after parental notification is attempted. Responsible adults will be able to receive runaways after law enforcement officers notify or attempt to notify the child's parent or guardian. Law enforcement officers will remove a child from an adult illegally harboring the child and return the child home. The crime of illegally harboring a child is increased from a misdemeanor to a gross misdemeanor. DSHS will maintain a toll-free hotline to assist parents of runaways if this provision is specifically referenced and funded in the supplemental operating budget by June 30, 1994. The Criminal Justice Training Commission will ensure law enforcement agencies will accurately describe juvenile runaway statutes.
PART VIII. JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1995.
Dispositions Based on Current Offense. The bill eliminates the "grid" and establishes a primarily indeterminate system, which is based on judicial discretion and a less rigid statutory plan. Juveniles receive dispositions based on their current offense and rehabilitative needs, not on their "points."
Misdemeanors/Gross Misdemeanors. Juveniles adjudicated of misdemeanors or gross misdemeanors will receive a term of community supervision. The court may also impose up to 30 days of confinement if the juvenile has prior criminal history. If the court finds a manifest injustice, the court can commit the juvenile to DSHS.
Class B or C Felonies Not Against Persons. Juveniles adjudicated of class B or C felonies not against persons and not involving harassment will receive a term of community supervision and five to 60 days of confinement. The mandatory minimum for firearms crimes remains in effect. The court may commit the juvenile to DSHS for more than 60 days if the court finds a manifest injustice or the juvenile has a significant criminal history sufficient to constitute an aggravating factor. The court may suspend all or a portion of the commitment or confinement.
Minimum terms for firearms crimes remain in effect. The court may suspend all or a portion of the minimum term, but the juvenile may not be released prior to expiration of the court-ordered term of confinement.
Class B or C Non-violent Felonies Against Persons. Juveniles adjudicated of class B or C felonies against persons will receive a disposition that includes community supervision and from five days' confinement to 129 weeks' commitment to DSHS. To commit for more than 129 weeks, the court must find a manifest injustice. The court may suspend all or a portion of the commitment or confinement.
Class A Felonies and Sex or Violent Offenses. Juveniles adjudicated of class A felonies, attempted class A felonies, or sex or violent offenses shall receive a determinate term of 52 to 224 weeks' confinement to DSHS. The court may go outside the standard range upon a manifest injustice finding. When a court commits a sex offender to DSHS, at the time of the disposition the court shall order a term of post-release supervision, which shall be in addition to parole.
Deadly Weapon Enhancements. The 180-day deadly weapon enhancement for violent and certain other offenses remains in place, and DSHS may not release the juvenile prior to completion of 180 days' confinement, unless the juvenile receives the basic training camp disposition option.
SSODA will remain a disposition option for certain sex offenders. Offenders on SSODA will receive a minimum of two years' community supervision.
Dispositions for two or more offenses run concurrently or consecutively, except for the minimum terms for firearms crimes.
Rehabilitative Dispositions. Before adjudication, the county will conduct an evaluation of the juvenile, including an assessment of his or her rehabilitative needs. When the court imposes a term of commitment to DSHS, the court enters a finding of rehabilitative goals to be achieved by the juvenile during commitment. After the juvenile has served 60 percent of the commitment, DSHS must report to the sentencing court on the juvenile's rehabilitative progress. The court must then set a release date, which shall be at or before the expiration of the commitment term. These early release provisions, however, do not apply to minimum terms for firearms crimes or deadly weapon enhancements. DSHS must establish by rule standards to determine good behavior and progress toward rehabilitative goals. Juveniles who receive minimum terms for firearms crimes or deadly weapons enhancements are not eligible for the early release provisions of this section.
Parole. Juveniles on parole must attend school if they are within the mandatory ages of school attendance. DSHS must notify the school of this requirement. As a mandatory condition of parole, the juvenile must refrain from committing new offenses. If the juvenile violates parole by committing a new offense, DSHS shall impose 30 days' confinement as a penalty for the violation. This confinement shall be in addition to any penalty imposed for the new offense.
Juvenile Disposition Standards Commission. The bill enlarges membership on the JDSC and makes it more independent. If funds are provided, the JDSC will share a research staff with the Sentencing Guidelines Commission, with additional staff to be provided at a level set by the Office of Financial Management. It assigns additional responsibilities, including the duty to evaluate dispositions in light of juveniles' rehabilitative needs.
The commission shall implement a tracking program to determine recidivism rates for all juvenile offenders, particularly those who receive disposition alternatives such as suspended confinement or deferred adjudication.
PART IX. TECHNICAL PROVISIONS.
A severability clause is included. Effective dates are established.
Fiscal Note: Available. New fiscal note requested on February 22, 1994.
Effective Date: The bill contains an emergency clause, and sections 105, 113, 118 and 136 take effect immediately. Sections 101 through 104, 106 through 112, 114 through 117, 119 through 135, 137 through 144, 201 through 601, and 701 through 737 take effect July 1, 1994. Sections 801 through 812 take effect July 1, 1995.
Testimony For: This bill will help reduce rising violent crime by enhancing penalties and keeping firearms away from juveniles.
Testimony Against: The fees related to firearm regulation are too high.
Witnesses: Representative Linda Johnson (pro); Joseph Waldron, G.O.A.L. of Washington (con, in part); Tim Sekerak, CCRKBA (con, in part); and Greg Dahlgren, G.O.A.L. of Washington (con, in part).