HOUSE BILL ANALYSIS
HB 1745
Title: An act relating to a juvenile offender community
sanction sentencing alternative.
Brief Description: Creating a juvenile offender community sanction
sentencing alternative.
Sponsors:
Representatives Lambert and Kagi.
HOUSE
COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff:
Jean Ann Quinn (786-7310).
Background:
Juveniles who commit criminal offenses are subject
to the provisions of the Juvenile Justice Act, which is based on a
determinative sentencing model and prescribes presumptive disposition ranges
commensurate with the seriousness of the current offense and the offender=s prior criminal history. In 1997, the Legislature made comprehensive
changes to the sentencing options under the Juvenile Justice Act effective,
generally, with respect to offenses committed on or after July 1, 1998. The
options are now as follows:
Option A: Juvenile Offender Sentencing Grid. Offenses are ranked by categories from A+ to E,
with A+ being the highest and E being the lowest. The standard disposition
range for each of these offenses is calculated by determining, on the
sentencing grid, the intersection of the offense category and the number of
prior offenses. Each prior felony adjudication counts as one point on the
sentencing grid. Each prior violation, misdemeanor, or gross misdemeanor
adjudication counts as 1/4 point (fractions are rounded down). Dispositions
range from local sanctions at the low end, to a term of confinement of 180
weeks through age 21 at the high end. Local sanctions can include 0-30 days
confinement, 0-12 months community supervision, 0-150 hours community service,
and/or a fine of up to $500. When the standard range includes a term of
confinement exceeding 30 days, commitment is to the state Juvenile
Rehabilitation Administration.
Option
B: Chemical Dependency Disposition Alternative (CDDA). If the juvenile offender is subject to a standard
range disposition of local sanctions, or 15-36 weeks of confinement, and has
not committed an A- or B+ offense, the court, under a finding that the offender
is chemically dependent and amendable to treatment, may suspend an Option A
standard range disposition on the condition that the offender undergo
inpatient/outpatient drug or alcohol treatment and community supervision of up
to one year. The court may also require up to 30 days confinement, 150 hours
of community service and/or payment of legal financial obligations and
restitution. The suspension may be revoked and the disposition executed for
violating conditions or failing to make satisfactory progress in treatment.
Option
C: Manifest Injustice. If the
court determines that a disposition under Option A or B would effectuate a
manifest injustice, the court shall impose a disposition outside the standard
range. The disposition shall be comprised of confinement or community
supervision, or a combination of the two. The court=s findings of manifest injustice must be supported by clear and
convincing evidence. The disposition is appealable by the state or the
offender.
Special
Sex Offender Disposition Alternative (SSODA). Certain juvenile sex offenders may be ordered into treatment and
placed on community supervision for at least two years and the disposition
(either within the standard range or under Option C) is suspended. The court
may impose conditions of community supervision and other conditions, including
up to 30 days of confinement. A disposition entered under this option is not
appealable.
Summary:
Sentencing
Option D C Community Sanction Disposition Alternative C is added. The court may order this alternative in lieu of
confinement in a state institution with respect to juvenile offenders who: (1)
are presently subject to a standard range disposition of confinement in a state
institution; (2) have not committed a sex offense, a serious violent offense,
or other violent category A felony; and (3) have not been previously committed
to a state institution. The court must assess the risk to the public safety
and the probability of the offender=s rehabilitation in the community before ordering
this alternative. The court must also enter a finding of mitigating
circumstances, such as that the
respondent's conduct neither caused nor threatened serious bodily injury or the
respondent did not contemplate that his or her conduct would cause or threaten
serious bodily injury; the respondent acted under strong and immediate
provocation; or the respondent was suffering from a mental or physical
condition that significantly reduced his culpability for the offense though
failing to establish a defense.
Under
this sentencing alternative, the standard range disposition is imposed, but it
is suspended, and the offender is placed on community supervision for up to 12
months. The court must also impose up to 30 days of confinement, up to 150
hours of community service, and the payment of legal financial obligations and
restitution. The court can also require the offender to participate in
rehabilitation programming in the community, including school, employment,
vocational programs, or outpatient mental health or substance abuse treatment.
If the offender violates any of the conditions of the disposition, the court
may impose sanctions or revoke the suspended disposition and order execution of
the standard disposition, with credit for time served.
This
sentencing option is similar to AOption B@ in effect prior to July 1, 1998.
Fiscal
Note: Requested on February 10,
1999.
Effective
Date: Ninety days after
adjournment of session in which bill is passed.