SB 5434 — Concerning the jurisdiction of juvenile court.

S-1283.1S-0162.3 SUBSTITUTE SENATE BILL 5434 State of Washington 68th Legislature 2023 Regular Session By Senate Human Services (originally sponsored by Senators Trudeau, C.

Wilson, Frame, Hasegawa, Kuderer, Nguyen, and Saldaña)Saldaña READRead FIRSTfirst TIMEtime 02/09/23.01/18/23.

Referred to Committee on Human Services.

The legislature finds that young children, ages eight through 12,13, are less capable of making fully informed, reasoned decisions.

The legislature further finds that young adults ages 1818, 19, and 1920 are particularly susceptible to outside factors influencing their decision making.

1 SSBSB 5434 The legislature recognizes that on January 18, 2021, the Washington state board of health released a review regarding the health impacts of raising the age of the juvenile court's jurisdiction to likely decrease the juvenile criminal legal system's involvement for someyoung youthchildren ages eight through 12 and to likely decrease the adult criminal legal system's involvement for someyoung emergingadults. adults ages 18 and 19.

The legislature resolves to amend jurisdiction of juvenile court to include youth ages 1314 through 19,20 withby certainJuly exceptions.1, 2027.

(c) The remainingpresident juvenileof justicethe tasksenate forceand the speaker of the house of representatives jointly shall include:appoint one member as follows unless specified representing the:

(i) DepartmentJuvenile ofrehabilitation children,administration; youth, and families juvenile rehabilitation;

(vi) District and municipal court judges' association;

2 SSBSB 5434 (vi)(vii) DistrictAdministrative andoffice municipalof courtthe judges'courts; association;

(vii) Administrative office of the courts;

(4) The task force shall consider and provide recommendations regardingand an implementation ofplan to expand juvenile court jurisdiction expansion to encompassalso include persons 1818, 19, and 1920 years old.old by July 1, 2027.

(5) On or before December 1, 2025,2024, the task force shall transmit a progress report to the governor and appropriate committees of the legislature onregarding theits statusproceedings. and plan for the expansion, including necessary funding, essential personnel and programmatic resources, measures necessary to avoid a negative impact on the state's child protection response, and specific milestones related to operations and policy, including:

(a)(6) AOn timelineor forbefore structuralDecember and1, systemic2025, changesthe withintask theforce juvenileshall justicetransmit systema forfinal report regarding the juvenileimplementation rehabilitationplan division,for the departmentexpansion, ofincluding children,recommended youth,legislative action, necessary funding, essential personnel and families,programmatic theresources, departmentmeasures ofnecessary corrections,to andavoid a negative impact on the juvenilestate's courtchild pursuantprotection response, and specific milestones related to chapteroperations 13.04and RCW;policy, including but not limited to:

3 SSBSB 5434 (b)(a) AnA operationstimeline for structural and businesssystemic planchanges thatwithin definesthe benchmarks,juvenile includingjustice possiblesystem changesfor the juvenile rehabilitation division, the department of children, youth, and families, the department of corrections, and the juvenile court pursuant to resourcechapter allocations;13.04 RCW;

(b) An operations and business plan that defines benchmarks, including possible changes to resource allocations;

(d) Estimated new costs incurred to provide juvenile justice services to persons 1818, 19, and 1920 years old;

(6)(a)(7)(a) Legislative members of the task force may be reimbursed for travel expenses in accordance with RCW 44.04.120.

(7)(8) The expenses of the task force must be paid jointly by the senate and the house of representatives.

(8)(9) The task force must hold at least one meeting a month.

(9)(10) This section expires January 1, 2026.2025.

Sec.p.

4 SB 5434 Sec.

Children under((under the age of ((eighteight years)) age 13 and younger are incapable of committing crime.

((Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this p.presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.)) Children of eight through 13 years of age who are charged with murder in the first or second degree are presumed to be incapable of committing crime, but this presumption may be rebutted by clear and convincing evidence that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

4 SSB 5434 presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.)) Children of eight through 12 years of age who are charged with murder in the first or second degree are presumed to be incapable of committing crime, but this presumption may be rebutted by clear and convincing evidence that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.

(b) Target offenders age ((eight)) 1314 through ((seventeen)) 17;

and (iv)p. Youth should be provided a meaningful forum to practice and enhance newly developed skills.

5 SB 5434 (iv) Youth should be provided a meaningful forum to practice and enhance newly developed skills.

p.Sec.

5 SSB 5434 Sec.

(1) Youth courts have authority over juveniles ages ((eight)) 1314 through ((seventeen)) 17 who:

6 SSBSB 5434