SENATE BILL REPORT

HB 1724

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to statements made by juveniles during assessments or screenings for mental health or chemical dependency treatment.

Brief Description: Concerning statements made by juveniles during assessments or screenings for mental health or chemical dependency treatment.

Sponsors: Representatives Roberts, Kagi, Pettigrew, Goodman, Green, Reykdal, Cody, Jinkins, Appleton, Freeman, Moeller, Ryu, Pollet, Moscoso and Bergquist.

Background: Juveniles have the same privilege against self-incrimination in adjudicatory proceedings as adults have in criminal court. Some juveniles have invoked this privilege to avoid answering questions posed during mental health or chemical dependency screenings or assessments which are conducted for the benefit of the juvenile, based on the concern that statements made during the screening or assessment will be used to convict the juvenile.

Summary of Bill: Statements, admissions, or confessions made by a juvenile in the course of a mental health or chemical dependency screening or assessment may not be admissible into evidence against the juvenile on the issue of guilt, unless the juvenile places their mental health at issue. Such a statement is admissible for any other purpose allowed by law.

This prohibition does not apply to statements made to law enforcement, and may not be used to argue for derivative suppression of other evidence lawfully obtained as a result of the statement.

Staff Summary of Public Testimony: PRO: This bill supports getting juveniles the services that they need. It makes it safe for juveniles to tell the truth, and therefore take advantage of assessments and services. Information will still be admissible if it does not relate to the issue of guilt. A large majority of youth in the juvenile justice system have substance abuse or mental health issues. Effective treatment depends upon a screening or assessment which depends on information from the juvenile. Without protection from disclosure, many defense attorneys advise youth not to participate in the screening. There is no downside, but great potential for positive impact. Without this protection, the statements during the screening assessment are unlikely to be made at all, so there is no loss in the ability to prove cases.

Persons Testifying: PRO: Representative Roberts, prime sponsor; Laura Inveen, Superior Court Judge Assn.; Tom McBride, WA Assn. of Prosecuting Attorneys.