HOUSE BILL REPORT

ESHB 1384

BYHouse Committee on Human Services (originally sponsored by Representatives Leonard, Ebersole, P. King, May, Basich and Brekke)

Approving juvenile detention standards.

House Committe on Human Services

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (5)

      Signed by Representatives Brekke, Chair; Scott, Vice Chair; Anderson, Leonard and Sutherland.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Moyer, Padden, H. Sommers and Winsley.

House Staff:Jean Wessman (786-7132)

AS PASSED HOUSE FEBRUARY 11, 1988

BACKGROUND:

While Washington state has had detention facilities for 60 years, attention was not drawn to the lack of standards until the late seventies when a federal focus on juvenile justice began developing.  Our Juvenile Justice Act of 1977 included a general statement requiring the development of effective standards and goals for all levels of the juvenile justice system.  As detention became more widely used as an option under the juvenile disposition sentencing standards, varied providers became more concerned that uniform standards be adopted for detention facilities.  In 1983, voluntary standards were adopted but these were advisory only and no provision was included for determining compliance.

Engrossed Senate Bill 4738, passed March, 1986, required that the Juvenile Disposition Standards Commission propose to the Legislature, standards on the following subjects: 1) detention intake procedures and detention or release decisions; 2) security and control mechanisms; 3) health care; 4) detainees' property; 5) access to defense counsel; 6) outside communication by residents; and 7) information gathering for decision making by the Commission and monitoring compliance with standards. The proposed standards were developed and presented to the House Human Services Committee during the Fall of 1987.  Legislation is proposed in order to implement the standards and create a process for both modifying as necessary, and monitoring compliance.

SUMMARY:

Local governments that own or operate juvenile detention facilities shall adopt detention standards by January 1, 1989.  The detention standards proposed by the Juvenile Disposition Standards Commission October 1, 1987 and submitted to the Legislature shall be considered by local government.  Alternative standards may also be considered.  Whatever standards are adopted by local government shall at least meet the minimum federal and state constitutional requirements necessary for the health, safety and welfare of detained juveniles and the public.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Bob Doupe', Juvenile Disposition Standards Commission; Dick Barrett, Acting Director of Juvenile Rehabilitation, Department of Social and Health Services; Mary Ann Murphy, Governor's Juvenile Justice Advisory Committee; and Larry Fehr, Washington Council on Crime and Delinquency.

House Committee - Testified Against:      Kurt Sharar, Washington Association of Counties.

House Committee - Testimony For:    For sixty years, county detention facilities have been without standards. It is time to require consistent, uniform standards statewide and require that all eighteen detention facilities adopt the proposed standards from the Juvenile Disposition Guidelines Commission. These standards are the first step in ensuring a just and equitable system for those youth who are placed in detention facilities and who deserve at least the same treatment as adults. The costs of implementing these standards is minimal. Monitoring of the implementation of the standards is necessary to ensure that they are indeed being implemented in accordance with legislative intent.

House Committee - Testimony Against:      These standards require participation by counties at a level that may not be what is desired by the individual county.  It is only necessary that constitutional minimums be met for health, welfare and safety of detained youth, not these specific standards.  There will be a financial burden placed upon some counties in meeting these standards.  They should be allowed adequate time before they are required to implement the standards.  Outside monitoring is not required especially since the Legislature said last year that adult detention standards were to be administered through the counties and not the state. This is not a necessary state role and should be left to the discretion and good judgment of the counties.