HOUSE BILL REPORT

SB 5991

As Amended by the House

BYSenators Pullen, Talmadge, Amondson and Rasmussen

Protecting state employees from assaults by juvenile offenders.

House Committe on Judiciary

Majority Report:  Do pass with amendment.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Judiciary. (29)

      Signed by Representatives Locke, Chair; Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Braddock, Brekke, Bristow, Brough, Dorn, Doty, Ebersole, Ferguson, Hine, Holland, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle, Wang and Wineberry.

AS PASSED HOUSE APRIL 13, 1989

BACKGROUND:

Under certain circumstances, a juvenile offender in a juvenile corrections institution can be transferred to the Department of Corrections by the Secretary of the Department of Social and Health Services.  The juvenile may be transferred only with the consent of the Secretary of the Department of Corrections and if it is established at a hearing before a review board that continued placement in the juvenile institution presents a continuing and serious threat to the safety of others in the institution.

SUMMARY:

A hearing is to be held by the Department of Social and Health Services review board within 10 days after an assault against a staff member is reported to a local law enforcement agency.  The purpose of the hearing is to determine whether the accused juvenile offender represents a continuing and serious threat to the safety of others in the institution and whether the juvenile should be transferred to an adult institution.

If the juvenile offender is convicted of custodial assault, a second hearing shall be conducted to recommend that the juvenile be transferred to an adult correctional facility.  At this hearing, the juvenile has the burden to show why transfer should not occur.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Judiciary) Scott Sigman, Washington Federation of State Employees; Jerry Wassen, DSHS.

(Appropriations) None Presented.

House Committee - Testified Against:      (Judiciary) Bob Stalker, Evergreen Legal Services.

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) The character of juveniles in DSHS has changed dramatically.  Many of these juveniles are not hardened criminals who represent a serious threat to staff and residents.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Judiciary) Current law adequately addresses this issue.  The bill may promote an attitude of giving up on juveniles who might be rehabilitated.

(Appropriations) None Presented.