BILL REQ. #:  S-1617.1 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to juveniles with developmental disabilities who are in correctional detention centers, juvenile correction institutions or facilities, and jails; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 state and federal funds appropriated or otherwise available for this purpose, 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.