HOUSE BILL REPORT

SB 5972

As Reported by House Committee On:

Juvenile Justice

Title:  An act relating to clarifying the department of social and health services' parole program placement authority for all juvenile offenders under the age of twenty‑one and committed to the department of social and health services.

Brief Description:  Releasing juvenile offenders.

Sponsors:  By Senator Hargrove; by request of Department of Social and Health Services.

Brief History:

Committee Activity:

Juvenile Justice:  3/27/01, 3/28/01 [DP].

Brief Summary of Bill

$Requires juvenile offenders sentenced under a finding of manifest injustice to comply with the parole requirements applicable to other offenders.

HOUSE COMMITTEE ON JUVENILE JUSTICE

Majority Report:  Do pass. Signed by 8 members: Representatives Delvin, Republican Co‑Chair; Dickerson, Democratic Co‑Chair; Eickmeyer, Democratic Vice Chair; Marine, Republican Vice Chair; Armstrong, Carrell, Darneille and Tokuda.

Staff:  Jean Ann Quinn (786‑7310).

Background:

The Secretary of the Department of Social and Health Services (Secretary) sets a release date for each juvenile committed to its custody, except in the case of a juvenile committed by a court pursuant to a finding of ?manifest injustice.@ ?Manifest injustice@ means that the standard range disposition would either impose an excessive penalty or impose a serious and clear danger to society in light of the purposes of the Juvenile Justice Act.  If the court determines that a standard range disposition would effectuate a manifest injustice, the court may impose a disposition outside the standard range.

The release date must be within the prescribed range for the offense.  Following the release of any juvenile for whom a release date has been established, the Secretary may require the juvenile to comply with a program of parole for up to18 months.  Offenders sentenced for certain sex offenses are required to complete a 24-36 month parole program.

Summary of  Bill:

The Secretary is required to set a release date for offenders sentenced to a commitment range under a finding of manifest injustice, and such offenders are subject to the parole requirements applicable to other offenders.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  The bill is a clarification of current practice, resulting from a recent legal challenge regarding the department=s ability to place a juvenile on parole after he or she has served a manifest injustice sentence.  Parole for juveniles is an aftercare program, and these particular youth may be placed on intensive parole as a way of helping them reintegrate back into the community.  The construction of the existing statute is awkward.

Testimony Against:  None.

Testified:  Cheryl Stephani, Juvenile Rehabilitation Administration, Department of Social and Health Services.