HB 2535 -
By Committee on Human Services & Corrections
NOT ADOPTED 02/29/2012
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that juvenile gang
activity in Washington state poses a significant threat to communities
and to the positive development of juveniles as they mature into
adulthood. Thus, a strategic and collaborative approach is needed to
address the problem of juvenile gangs. Many juveniles who become
involved in gang activity have been exposed to risk factors such as
antisocial behavior, alcohol and drug use, mental health problems, and
victimization. Evidence-based and research-based gang intervention
programs and strategies can provide services to these youth such as
mental health counseling, education, chemical dependency treatment, and
skill building. The legislature further finds that a court
specifically developed to facilitate the delivery of these critical
services to gang-involved juveniles and that provides a supportive team
will assist juveniles in breaking out of a cycle of gang activity,
reduce criminal activity, and increase their ability to develop into
successful adults.
NEW SECTION. Sec. 2 A new section is added to chapter 13.40 RCW
to read as follows:
(1) Counties may establish and operate juvenile gang courts.
(2) For the purposes of this section, "juvenile gang court" means
a court that has special calendars or dockets designed to achieve a
reduction in gang-related offenses among juvenile offenders by
increasing their likelihood for successful rehabilitation through
early, continuous, and judicially supervised and integrated
evidence-based services proven to reduce juvenile recidivism and gang
involvement or through the use of research-based or promising practices
identified by the Washington state partnership council on juvenile
justice.
(3) Any county that establishes a juvenile gang court pursuant to
this section shall establish minimum requirements for the participation
of offenders in the program. The juvenile gang court may adopt local
requirements that are more stringent than the minimum. The minimum
requirements are:
(a) The juvenile offender participates in gang activity, is
repeatedly in the company of known gang members, or openly admits that
he or she has been admitted to a gang;
(b) The juvenile offender has not previously been convicted of a
serious violent offense or sex offense as defined in RCW 9.94A.030; and
(c) The juvenile offender is not currently charged with an offense:
(i) That is a class A felony offense;
(ii) That is a sex offense;
(iii) During which the juvenile offender intentionally discharged,
threatened to discharge, or attempted to discharge a firearm in
furtherance of the offense;
(iv) That subjects the juvenile offender to adult court original
jurisdiction pursuant to RCW 13.04.030(1)(e)(v); or
(v) That constitutes assault of a child in the second degree.
(4) For the purposes of this act, a "gang" means a group which
consists of three or more persons; has identifiable leadership; and on
an ongoing basis, regularly conspires and acts in concert mainly for
criminal purposes.
(5) The juvenile offender who is admitted to juvenile gang court
must:
(a) Stipulate to the admissibility of the facts contained in the
written police report;
(b) Acknowledge that the report will be entered and used to support
a finding of guilt and to impose a disposition if the juvenile fails to
comply with the requirements of the juvenile gang court; and
(c) Waive the following rights to: (i) A speedy disposition; and
(ii) call and confront witnesses.
(6) The adjudicatory hearing shall be limited to a reading of the
court's record.
(7) Following the stipulation to the facts in the police report,
acknowledgment, waiver, and entry of a finding or plea of guilt, the
court shall defer entry of an order of disposition of the juvenile.
(8) Upon admission to juvenile gang court, an individualized plan
shall be developed for the juvenile, identifying goals for the juvenile
and a team to support the juvenile, which may include mental health and
chemical dependency treatment providers, a probation officer, teachers,
defense counsel, the prosecuting attorney, law enforcement, guardians
or family members, and other participants deemed appropriate by the
court. At least one member of the support team must have daily contact
with the juvenile.
(9) Upon successful completion of the juvenile gang court
requirements over a twelve-month period, the conviction entered by the
court shall be vacated and the charge shall be dismissed with
prejudice.
(10) A juvenile may only be admitted to juvenile gang court once.
If the juvenile fails to complete the requirements of gang court after
being admitted, or successfully completes the requirements of gang
court after being admitted, the juvenile may not be admitted again.
(11) If the juvenile fails to complete the juvenile gang court
requirements, the court shall enter an order of disposition pursuant to
RCW 13.40.0357.
NEW SECTION. Sec. 3 A new section is added to chapter 13.40 RCW
to read as follows:
(1) Counties that create a juvenile gang court pursuant to section
2 of this act shall track and document data regarding the criteria that
led to a juvenile's admission to gang court, the successful and
unsuccessful completion of juvenile gang court requirements, and any
subsequent criminal charges of juvenile gang court participants and
provide such data to the administrative office of the courts.
(2) Subject to the availability of funds appropriated for this
purpose, the administrative office of the courts shall study the data
provided by the counties pursuant to subsection (1) of this section and
report to the appropriate legislative committees regarding the
recidivism outcomes for juvenile gang court participants. A
preliminary report shall be completed by December 1, 2013. A final
report shall be completed by December 1, 2015."
HB 2535 -
By Committee on Human Services & Corrections
NOT ADOPTED 02/29/2012
On page 1, line 1 of the title, after "court;" strike the remainder of the title and insert "adding new sections to chapter 13.40 RCW; and creating a new section."