Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Early Learning & Human Services Committee |
HB 2906
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. |
Brief Description: Strengthening opportunities for the rehabilitation and reintegration of juvenile offenders.
Sponsors: Representatives Stambaugh, Kagi, Magendanz, Tharinger, Ortiz-Self, Frame, Goodman and Ormsby.
Brief Summary of Bill |
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Hearing Date: 2/3/16
Staff: Luke Wickham (786-7146).
Background:
Juvenile Justice Act of 1977.
From 1913 to 1977, the juvenile justice system in Washington attempted to act as a parent for juveniles. Juvenile court during that period could intervene in the lives of juveniles who were alleged to be dependent or delinquent.
The Juvenile Justice Act of 1977 recreated the juvenile justice system in Washington to closely resemble the adult criminal justice system by establishing determinate sentencing and due process protections for juveniles.
The purposes of the Juvenile Justice Act of 1977 include:
protecting the citizenry from criminal behavior;
determining whether accused juveniles have committed offenses;
making juveniles accountable for criminal behavior;
providing for punishment commensurate with the age, crime, and history of the juvenile offender;
providing due process for juveniles alleged to have committed an offense;
providing necessary treatment, supervision, and custody for juvenile offenders;
providing for the handling of juvenile offenders by communities whenever consistent with public safety;
providing for restitution to victims of crime;
developing effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels;
providing for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services;
providing opportunities for victim participation in juvenile justice process, including court hearings on juvenile offender matters, and ensuring that Article I, section 35 of the Washington state Constitution, the victim bill of rights, is fully observed; and
encouraging the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.
Minimum Sentencing for Juvenile Offenders for Motor Vehicle Related Offenses.
In 2007, mandatory minimum sentencing requirements were established for juveniles found to have committed motor vehicle related offenses.
A juvenile offender adjudicated of Taking a Motor Vehicle Without Permission in the First Degree is subject to the following mandatory minimum sentencing terms:
Juveniles with no prior felony adjudications and two or fewer misdemeanor adjudications must be sentenced to a minimum of three months community supervision, 45 hours of community restitution, a $200 fine, and a requirement that the juvenile remain at home for no less than five days.
Juveniles with one prior felony adjudication or between three and six misdemeanor adjudications must be sentenced to a minimum of six months community supervision, 10 days detention, 90 hours of community restitution, and a $400 fine.
Juveniles with two or more prior felony adjudications or eight or more misdemeanor adjudications must be sentenced to a minimum of 15-36 weeks confinement, four months supervision, 90 hours of community restitution, and a $400 fine.
A juvenile offender adjudicated of Theft of a Motor Vehicle or Possession of a Stolen Vehicle is subject to the following mandatory minimum sentencing terms:
Juveniles with no prior felony adjudications and two or fewer misdemeanor adjudications must be sentenced to a minimum of three months community supervision, 45 hours of community restitution, and a $200 fine, and (2) either 90 hours of community restitution or a requirement that the juvenile remain at home for no less than five days.
Juveniles with one prior felony adjudication or between three and six misdemeanor adjudications must be sentenced to a minimum of six months community supervision, 10 days of detention, 90 hours of community restitution, and a $400 fine.
Juveniles with two or more prior adjudications or eight or more prior misdemeanor adjudications must be sentenced to a minimum of 15-36 weeks of confinement, four months of supervision, 90 hours of community restitution, and a $400 fine.
A juvenile offender adjudicated of the offense of Taking a Motor Vehicle Without Permission in the Second Degree is subject to the following mandatory minimum sentencing terms:
Juveniles with no prior felony adjudications or two or fewer misdemeanor adjudications must be sentenced to three months of community supervision, 15 hours community restitution, and a requirement that the juvenile remain at home for no less than one day.
Juveniles with one prior felony adjudication or between three and six misdemeanor adjudications must be sentenced to a minimum of one day detention, three months of community supervision, 30 hours of community restitution, a $150 fine, and a requirement that the juvenile remain at home for no less than two days.
Juveniles with two or more prior felony adjudications or eight or more misdemeanor adjudications must be sentenced to a minimum of three days detention, seven days home detention, six months supervision, 45 hours of community restitution, and a $150 fine.
For all of these motor vehicle related offenses, juveniles may be subject to electronic monitoring where available
Deferred Disposition.
A juvenile disposition is a court's order after a juvenile is found guilty of having committed an offense. A deferred disposition requires a juvenile to complete certain conditions set out by the court including probation and payment of restitution, while the court defers the disposition. If the juvenile successfully completes the required conditions, the court will dismiss the case. If the juvenile does not successfully complete the conditions, the court may impose the disposition that had been deferred.
A juvenile is eligible for a deferred disposition unless he or she is charged with a sex or violent offense, has a criminal history that includes any felony, or has two or more prior adjudications. If a juvenile is eligible, the court has the discretion whether or not to grant a deferred disposition.
Domestic Violence Offenses.
After responding to a domestic violence call, a law enforcement officer must forward the offense report to the prosecuting attorney within 10 days of making a report if there is probable cause to believe that an offense was committed, unless the case is under active investigation.
Department of Licensing Notification of Juvenile Offenses.
Courts must notify the Department of Licensing (DOL) within 24 hours after a juvenile 13 years of age or older found to have committed an offense while armed with a firearm or a drug or alcohol related offense,
Upon receipt of the first notification from a court that one of the above offenses was committed, the DOL must revoke a juvenile's license for one year, or until the juvenile reaches 17 years old, whichever is longer. Upon notice of the second offense above, the DOL must impose a revocation for two years or until the juvenile reaches 18 years old, whichever is longer.
If a juvenile enters into a diversion for an offense while armed with a firearm or a drug or alcohol related offense, the diversion unit must notify the DOL. Once a juvenile completes a diversion agreement for one of these offenses, the DOL must reinstate the juvenile's driving privileges so long as the juvenile has had their driving privileges revoked for at least 90 days for a first offense, or one year for a second offense.
Summary of Bill:
Rehabilitation and reintegration of juvenile offenders are added to the purposes underlying the Juvenile Justice Act of 1977.
A court must defer a juvenile offender's disposition when eligible, except when a juvenile offender is charged with animal cruelty. The court has discretion whether to grant a deferred disposition when a juvenile is charged with animal cruelty, and must consider whether the community would benefit from the youth being granted a deferred disposition.
The fines that a court must impose after a juvenile offender is adjudicated of Taking a Motor Vehicle Without Permission in the First and Second Degrees, Theft of a Motor Vehicle, and Possession of a Stolen Vehicle are eliminated. The option of ordering that youth adjudicated of those offenses be subject to electronic monitoring is also eliminated.
After receiving an offense report from law enforcement that includes information related to domestic violence, the prosecutor may use his or her discretion to determine whether to file an information as a domestic violence offense if the offense was committed against a sibling, parent, stepparent, or grandparent.
The DOL would no longer be notified by a court or diversion unit after a juvenile offender's first offense or diversion agreement for an offense while armed with a firearm or offense related to drugs or alcohol.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.