NCJ Number
161359
Date Published
1984
Length
9 pages
Annotation
This paper outlines the philosophical underpinnings of the Washington State juvenile code, its legislative history, and its documented effects.
Abstract
In 1977, after 10 years of debate, the Washington State Legislature passed a juvenile code that abandoned the notion of social and psychological rehabilitation of juveniles as its principal goal. The new law aimed "to hold offenders and the system accountable for what it does to juveniles and to bring about a more uniform, equitable system of justice." During the legislative debate on the code, legislators focused on diversion and sentencing guidelines. No other State has established as extensive a community-based diversion program for juvenile offenders. The assessment of the law's impact found that nonviolent first offenders and chronic minor property offenders were less likely to be incarcerated under the new system but more apt to be required to pay restitution, do community service, or be on probation. Regarding sentencing guidelines, the assessment found that in spite of the high rate of compliance with the guidelines and the increase in uniformity of decisions, there are still differential dispositions for females and minorities in some jurisdictions for certain kinds of decisions. Overall, however, the effects of the code's implementation have matched the legislative intent of keeping both youth and the system accountable. Critics of presumptive sentencing predicted that limits on judicial discretion would lead to overcrowding in the State's training schools. The law, however, has apparently capped the institutional population by focusing on serious offenders for institutionalization, while nonviolent offenders are sentenced to nonresidential, community sanctions. 16 footnotes