SSB 5097 -
By Committee on Health & Human Services Appropriations & Oversight
ADOPTED 04/07/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) A number of juveniles with developmental disabilities are
arrested for criminal conduct, held in places of detention pending
competency evaluations and/or adjudication, tried for their offenses,
and are sentenced to serve time in our juvenile justice system;
(b) The developmental disabilities of some youth who are arrested
and detained are not identified or appropriately addressed;
(c) Juveniles with developmental disabilities are often confused
with juveniles with mental illness. These populations are different
and must be understood as distinct groups, with different reasonable
accommodation needs; and
(d) A developmental disability often stems from a mix of causes and
many persons with developmental disabilities have cognitive impairments
that require reasonable accommodations to assist them in understanding
what is happening to them and what is expected of them when they
encounter the juvenile justice system and in identifying community
resources.
(2) The legislature intends to improve the ability of the juvenile
justice system to better identify and provide safe, appropriate
accommodations for juveniles with developmental disabilities.
NEW SECTION. Sec. 2 (1) Within available resources, a work group
is established, to be cochaired by representatives of the developmental
disabilities council, the Washington association of juvenile court
administrators, and a representative of the juvenile rehabilitation
administration within the department of social and health services, to
address issues relating to juveniles with developmental disabilities
who are confined in places of detention and juvenile correction
institutions or facilities.
(2) In addition to the cochairs, the work group shall also have as
members the following:
(a) A representative of the Washington association of sheriffs and
police chiefs;
(b) A representative of the division of developmental disabilities
within the department of social and health services;
(c) A representative of disability rights Washington;
(d) A representative of the office of the superintendent of public
instruction;
(e) Consumer advocates;
(f) A representative of the Washington state defenders'
association; and
(g) Representatives of other interested organizations as identified
by the developmental disabilities council, the Washington association
of juvenile court administrators, and the juvenile rehabilitation
administration, including parents of developmentally disabled youth.
(3) By December 1, 2011, the work group shall develop
recommendations and report to the appropriate committees of the
legislature on the following:
(a) How to expeditiously review and determine eligibility for
developmental disabilities services provided through the department of
social and health services prior to a juvenile's release from detention
or confinement in a juvenile correction institution or facility;
(b) The appropriate role of the department of social and health
services in providing potential alternatives to confinement for persons
with developmental disabilities as well as consultation and technical
assistance to places of detention and juvenile correction institutions
or facilities in their efforts to provide reasonable accommodations for
persons with developmental disabilities who are confined in their
institution or facility. The fiscal impact to the department of social
and health services of providing consultation and technical assistance
must be included with this recommendation;
(c) How to increase the appropriate use of the authority granted
the courts under current juvenile justice act provisions, Title 13 RCW,
to order alternatives to secure confinement;
(d) The establishment of new options under Title 13 RCW to divert
juveniles with developmental disabilities from the juvenile justice
system while maintaining public safety;
(e) The feasibility of developing and adopting law enforcement
training for responding to juveniles with developmental disabilities
that is analogous to the crisis intervention training currently
provided to law enforcement officers for responding to alleged criminal
behavior by persons with mental illness;
(f) The feasibility of adopting standardized statewide screening
and application practices and forms designed to facilitate the
application of juveniles who are likely to be eligible for medical
assistance services by the division of developmental disabilities;
(g) The need for and feasibility of developing a screening tool and
training for juvenile justice system staff to be used to identify
persons with developmental disabilities who are detained in places of
detention and facing a criminal charge.
(4) By September 1, 2012, if recommended by the work group under
subsection (3) of this section, the work group shall develop:
(a) A simple screening tool that may be used by juvenile detention
and correction institutions and facilities as part of the facility's
intake and/or classification process and which will assist in the
identification of offenders with the most common types of developmental
disabilities;
(b) A model policy for the use of the screening tool;
(c) A cost-effective means to provide concise training to juvenile
detention, juvenile correction, and juvenile probation and parole staff
on the use of the tool;
(d) Information on best practices and training regarding
appropriate accommodations for persons with developmental disabilities
during their confinement; and
(e) A practical guide for families and juvenile justice staff,
informed by the division of developmental disabilities, inclusive of
comprehensive information about programs and services available to
youth with developmental disabilities who are referred to the juvenile
justice system.
NEW SECTION. Sec. 3 This act expires January 1, 2013."
Correct the title.
EFFECT: Specifies that the work group created in the bill is to be created within available resources.