House Approves Juvenile Justice Bill Measure Would Put More Teenagers In Adult Courts, Prisons
Hundreds of juveniles accused of violent crimes would be sent into adult courts and prisons under a measure the House sent the Senate late Monday.
The bill passed over strenuous objections from some Democrats, who said the Republican majority was “throwing in the towel” and dumping kids who could be saved.
But backers said the juvenile justice system has become a turnstile for violent 16- and 17-year-old offenders who can be contained only through tougher treatment in adult courts and prisons.
The measure, which also sets tough new sentences for youngsters charged and convicted in the juvenile justice system, enjoys strong support in the Republican-led Senate.
But Gov. Gary Locke has said he opposes the bill’s centerpiece - to automatically charge and sentence as adults 16- and 17-year-olds who commit violent crimes such as assault or robbery.
To discourage his veto of just that section, the measure, HB3900, contains a provision that would kill the entire bill if Locke tries to veto part of it.
The measure’s price tag is still to be calculated, although its chief sponsor, House Law and Justice Committee Chairman Larry Sheahan, R-Rosalia, estimates a cost of $20 million in next two-year budget cycle starting July 1.
Among major elements of the bill:
Sixteen- and 17-year-olds who commit any violent crime would face trial and punishment in the adult justice system. Such crimes range from assault and manslaughter to robbery, extortion, auto theft and arson. Currently, only 16- and 17-year-olds who commit the most serious violent crimes, such as homicide, or are chronic and violent offenders, are automatically sent into the adult system. Sheahan estimated that changing the law would send 350 to 400 more teens into the adult system in the next two years.d
Tougher punishments for other juvenile offenders by scrapping the complicated “point system” used to calculate levels of punishment, in favor of a simpler sentencing scheme. More emphasis would be placed on criminal history and the nature of the crime than on the offender’s age and frequency of the particular offense.
A juvenile’s felony record would no longer be cleared when he or she reaches adulthood, but would be carried forward and used to determine his or her sentence for adult crimes.
In other developments:
Welfare reform
The coming collision between Locke and the Legislature over the shape of welfare moved a step closer late Monday with House passage of a measure it called its last offer.
The bill now goes to the Senate, where it is expected to win quick passage this week or next. Senate Majority Leader Dan McDonald, R-Bellevue, said his chamber will “probably change a comma or two” and send it back to the House, where it will sit as the GOP-led Legislature wrangles with the Democratic governor.
The House passed HB3901 56-42 after backers said it was a way to get people off the cycle of dependency and into the work force. Foes said it was too harsh on the poorest people.
The measure, jointly sponsored by the two houses, represents a merger of separate welfare overhaul bills approved by the respective chambers weeks ago.
As the issue stands now, Locke and the Legislature agree on a five-year limit for receiving public assistance and a requirement that most welfare recipients look for work or go to school. Other points of agreement include child care and health care for those who go to work, and tougher penalties for parents who don’t pay child support.
AIDS and murder
After the Senate heard about a man who received 10 years - the maximum sentence allowed - for intentionally exposing a woman to the AIDS virus, lawmakers tried to make sure that similar assailants could be locked away for life.
Senate Bill 5044, which passed 44-4 Monday, would allow a person who intentionally exposes or transmits the virus that causes AIDS to be charged with first-degree assault, instead of second-degree assault. First-degree assault is punishable by up to life in prison, while the lesser crime carries a maximum penalty of 10 years.
The bill was partly brought about by the case of Randall Ferguson, who was sentenced last year in Clark County for exposing a 28-year-old woman to HIV by removing a condom during sex.
At the time of Ferguson’s trial last year, prosecutors said he had exposed more than 50 people to HIV. Five people, including two of his wives, have died.
“The problem is serial murderers who don’t use guns or knives but use deadly diseases to do their crimes,” said the bill’s sponsor, Sen. Don Benton, R-Vancouver.
The bill also takes away the statute of limitations of three years and one day for the crime. No time limit should exist because it can take years for people to realize they have the virus, Benton said.
“In other words, they don’t have to hurry up and die,” he said.
Those opposed to the measure worried about the provision that makes public health officers turn in their clients who are HIV positive or have AIDS to local police if the clients engage in risky behavior despite a series of warnings.
Other measures passed by the Senate and sent to House include:
SB5185, to lessen the power of hearing examiners and regional hearing boards under the Growth Management Act. Hearing examiners now can make conclusions of law while the hearing boards can decide if a state agency is complying with the act. Under the bill, examiners would only gather facts, while the boards would lose their powers over state agencies. An appeal of a board’s decision would go directly to the state Court of Appeals. It passed 27-22.
SB5135, to allow local government to impound vehicles driven by people who have a suspended or revoked drivers license. It passed 46-1. xxxx REACHING THE LAWMAKERS Legislative hotline: 1-800-562-6000 between 8 a.m. and 8 p.m. On the Internet: http:/ /www.wa.gov for the state of Washington’s home page. http://www.leg.wa.gov for the state-run Legislative Service Center.