AN ACT
Relating to recommendations of the juvenile issues task force; amending RCW
13.40.010, 13.40.020, 13.40.027, 13.40.0357, 13.40.038, 13.40.050, 13.40.070,
13.40.080, 13.40.150, 2.56.030, 4.24.190, 9.41.010, 9.41.040, 13.04.011,
28A.225.020, 28A.225.030, 28A.225.090, 28A.225.150, 13.32A.130, 13.32A.140,
13.32A.150, 74.13.032, 74.13.033, 74.13.034, 74.04.055, and 71.34.010; amending
1991 c 234 s 1 (uncodified); amending 1991 c 234 s 2 (uncodified); adding new
sections to chapter 13.16 RCW; adding a new section to chapter 28A.600 RCW;
adding a new section to chapter 28A.225 RCW; adding new sections to chapter
13.32A RCW; adding new sections to chapter 71.34 RCW; adding new sections to
chapter 70.96A RCW; adding a new section to chapter 13.40 RCW; creating new
sections; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
PART
I - JUVENILE JUSTICE
Sec. 101. RCW
13.40.010 and 1977 ex.s. c 291 s 55 are each amended
to read as follows:
(1)
This chapter shall be known and cited as the Juvenile Justice Act of 1977.
(2) It
is the intent of the legislature that a system capable of having primary
responsibility for, being accountable for, and responding to the needs of
youthful offenders, as defined by this chapter, be established. It is the
further intent of the legislature that youth, in turn, be held accountable for
their offenses and that both communities and the juvenile courts carry out
their functions consistent with this intent. To effectuate these policies, ((it
shall be the purpose)) the legislature declares the following to be
equally important purposes of this chapter ((to)):
(a)
Protect the citizenry from criminal behavior;
(b)
Provide for determining whether accused juveniles have committed offenses as
defined by this chapter;
(c)
Make the juvenile offender accountable for his or her criminal behavior;
(d)
Provide for punishment commensurate with the age, crime, and criminal history
of the juvenile offender;
(e)
Provide due process for juveniles alleged to have committed an offense;
(f)
Provide necessary treatment, supervision, and custody for juvenile offenders;
(g)
Provide for the handling of juvenile offenders by communities whenever
consistent with public safety;
(h)
Provide for restitution to victims of crime;
(i)
Develop effective standards and goals for the operation, funding, and
evaluation of all components of the juvenile justice system and related
services at the state and local levels; and
(j)
Provide for a clear policy to determine what types of offenders shall receive
punishment, treatment, or both, and to determine the jurisdictional limitations
of the courts, institutions, and community services.
Sec.
102. RCW
13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Serious offender" means a person fifteen years of age or older who
has committed an offense which if committed by an adult would be:
(a) A
class A felony, or an attempt to commit a class A felony;
(b)
Manslaughter in the first degree; or
(c)
Assault in the second degree, extortion in the first degree, child molestation
in the second degree, kidnapping in the second degree, robbery in the second
degree, residential burglary, or burglary in the second degree, where such
offenses include the infliction of bodily harm upon another or where during the
commission of or immediate withdrawal from such an offense the perpetrator is
armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2)
"Community service" means compulsory service, without compensation,
performed for the benefit of the community by the offender as punishment for
committing an offense. Community service may be performed through public or
private organizations or through work crews;
(3)
"Community supervision" means an order of disposition by the court of
an adjudicated youth not committed to the department. A community
supervision order for a single offense may be for a period of up to two years
for a sex offense as defined by RCW 9.94A.030 and up to one year for other
offenses ((and)). Community supervision is an individualized program
comprised of one or more of the following:
(a)
Community-based sanctions;
(b)
Community-based rehabilitation;
(c)
Monitoring and reporting requirements;
(4)
Community-based sanctions may include one or more of the following:
(a) A
fine, not to exceed one hundred dollars;
(b)
Community service not to exceed one hundred fifty hours of service;
(((c)))
(5) "Community-based rehabilitation" means one or more of the
following: Attendance of information classes;
(((d)
Counseling; or
(e)
Such other services to the extent funds are available for such services,)) counseling,
substance abuse treatment programs, outpatient mental health programs, anger
management classes, or other services; or attendance at school or other
educational programs appropriate for the juvenile as determined by the school
district. Placement in community-based rehabilitation programs is subject to
available funds;
(6)
"Monitoring and reporting requirements" means one or more of the
following: Curfews; requirements to remain at home, school, work, or
court-ordered treatment programs during specified hours; restrictions from
leaving or entering specified geographical areas; requirements to report to the
probation officer as directed and to remain under the probation officer's
supervision; and other conditions((,)) or limitations as the court
may require which may not include confinement;
(((4)))
(7) "Confinement" means ((physical custody by the
department of social and health services in a facility operated by or pursuant
to a contract with the state, or physical custody in a facility operated by or
pursuant to a contract with any county)) incarceration in a detention
facility following: Arrest pending a detention hearing under RCW 13.40.050;
entry of an order of detention entered pursuant to RCW 13.40.050; commitment to
a county detention facility; modification of a disposition for violation of the
disposition; or modification of parole for violation of parole. The county may
operate or contract with vendors to operate county detention facilities. The
department may operate or contract to operate detention facilities for
juveniles committed to the department. Confinement of less than thirty-one
days imposed as part of a disposition or modification order may be served
consecutively or intermittently, in the discretion of the court;
(((5)))
(8) "Court", when used without further qualification, means
the juvenile court judge(s) or commissioner(s);
(((6)))
(9) "Criminal history" includes all criminal complaints against
the respondent for which, prior to the commission of a current offense:
(a)
The allegations were found correct by a court. If a respondent is convicted of
two or more charges arising out of the same course of conduct, only the highest
charge from among these shall count as an offense for the purposes of this
chapter; or
(b)
The criminal complaint was diverted by a prosecutor pursuant to the provisions
of this chapter on agreement of the respondent and after an advisement to the
respondent that the criminal complaint would be considered as part of the
respondent's criminal history;
(((7)))
(10) "Department" means the department of social and health
services;
(((8)))
(11) "Detention facility" means a facility for the physical
confinement of a juvenile alleged to have committed an offense or an
adjudicated offender subject to a disposition or modification order. Detention
facilities may be secure, semisecure, or nonsecure, and may include group
homes, foster homes, and home detention with electronic or staff monitoring.
Detention foster homes and group homes may not be used for placement of
juveniles who are ordered into rehabilitation placements pursuant to a community
supervision disposition. "Secure detention" means lockup or
staff-secure facilities. "Nonsecure detention" means residential
placement in the community in a physically nonrestrictive environment under the
supervision of and funded by the local government department of youth services
or equivalent department. "Home detention" means placement of the
juvenile in the custody of the juvenile's parent, guardian, or custodian in a
physically nonrestrictive environment under the supervision of and funded by
the local government department of youth services or equivalent department with
electronic monitoring or department staff monitoring;
(12)
"Diversion unit" means any probation counselor who enters into a
diversion agreement with an alleged youthful offender, or any other
person or entity except a law enforcement official or entity, with whom
the juvenile court administrator has contracted to arrange and supervise such
agreements pursuant to RCW ((13.04.040, as now or hereafter amended,)) 13.40.080,
or any person or entity specially funded by the legislature to arrange and
supervise diversion agreements in accordance with the requirements of this
chapter;
(((9)))
(13) "Institution" means a juvenile facility established
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(((10)))
(14) "Juvenile," "youth," and "child" mean
any individual who is under the chronological age of eighteen years and who has
not been previously transferred to adult court;
(((11)))
(15) "Juvenile offender" means any juvenile who has been found
by the juvenile court to have committed an offense, including a person eighteen
years of age or older over whom jurisdiction has been extended under RCW
13.40.300;
(((12)))
(16) "Manifest injustice" means a disposition that would
either impose an excessive penalty on the juvenile or would impose a serious,
and clear danger to society in light of the purposes of this chapter;
(((13)))
(17) "Middle offender" means a person who has committed an
offense and who is neither a minor or first offender nor a serious offender;
(((14)))
(18) "Minor or first offender" means a person sixteen years of
age or younger whose current offense(s) and criminal history fall entirely
within one of the following categories:
(a)
Four misdemeanors;
(b)
Two misdemeanors and one gross misdemeanor;
(c)
One misdemeanor and two gross misdemeanors;
(d)
Three gross misdemeanors;
(e)
One class C felony except manslaughter in the second degree and one misdemeanor
or gross misdemeanor;
(f)
One class B felony except: Any felony which constitutes an attempt to commit a
class A felony; manslaughter in the first degree; assault in the second degree;
extortion in the first degree; indecent liberties; kidnapping in the second
degree; robbery in the second degree; burglary in the second degree;
residential burglary; vehicular homicide; or arson in the second degree.
For
purposes of this definition, current violations shall be counted as
misdemeanors;
(((15)))
(19) "Offense" means an act designated a violation or a crime
if committed by an adult under the law of this state, under any ordinance of
any city or county of this state, under any federal law, or under the law of
another state if the act occurred in that state;
(((16)))
(20) "Respondent" means a juvenile who is alleged or proven to
have committed an offense;
(((17)))
(21) "Restitution" means financial reimbursement by the
offender to the victim, and shall be limited to easily ascertainable damages
for injury to or loss of property, actual expenses incurred for medical
treatment for physical injury to persons, lost wages resulting from physical
injury, and costs of the victim's counseling reasonably related to the offense
if the offense is a sex offense. Restitution shall not include reimbursement
for damages for mental anguish, pain and suffering, or other intangible
losses. Nothing in this chapter shall limit or replace civil remedies or
defenses available to the victim or offender;
(((18)))
(22) "Secretary" means the secretary of the department of
social and health services;
(((19)))
(23) "Services" mean services which provide alternatives to
incarceration for those juveniles who have pleaded or been adjudicated guilty
of an offense or have signed a diversion agreement pursuant to this chapter;
(((20)))
(24) "Sex offense" means an offense defined as a sex offense
in RCW 9.94A.030;
(((21)))
(25) "Sexual motivation" means that one of the purposes for
which the respondent committed the offense was for the purpose of his or her
sexual gratification;
(((22)))
(26) "Foster care" means temporary physical care in a foster
family home or group care facility as defined in RCW 74.15.020 and licensed by
the department, or other legally authorized care;
(((23)))
(27) "Violation" means an act or omission, which if committed
by an adult, must be proven beyond a reasonable doubt, and is punishable by
sanctions which do not include incarceration.
Sec.
103. RCW
13.40.027 and 1989 c 407 s 2 are each amended to read as follows:
(1) It
is the responsibility of the commission to: (a) (i) Evaluate the effectiveness
of existing disposition standards and related statutes in implementing policies
set forth in RCW 13.40.010 generally and (ii) specifically review the
guidelines relating to the confinement of minor and first offenders as well as
the use of diversion; (b) solicit the comments and suggestions of the juvenile
justice community concerning disposition standards; and (c) make
recommendations to the legislature regarding revisions or modifications of the
disposition standards in accordance with RCW 13.40.030. The evaluations
shall be submitted to the legislature by December 1, 1992, and on December 1 of
each even-numbered year thereafter.
(2) It
is the responsibility of the department to: (a) Provide the commission with
available data concerning the implementation of the disposition standards and
related statutes and their effect on the performance of the department's
responsibilities relating to juvenile offenders; (b) at the request of the
commission, provide technical and administrative assistance to the commission
in the performance of its responsibilities; and (c) provide the commission and
legislature with recommendations for modification of the disposition standards.
Sec.
104. RCW
13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE
A
DESCRIPTION
AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR ATTEMPT,
OFFENSE
BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
.................................................................
Arson
and Malicious Mischief
A Arson
1 (9A.48.020) B+
B Arson
2 (9A.48.030) C
C Reckless
Burning 1 (9A.48.040) D
D Reckless
Burning 2 (9A.48.050) E
B Malicious
Mischief 1 (9A.48.070) C
C Malicious
Mischief 2 (9A.48.080) D
D Malicious
Mischief 3 (<$50 is
E
class) (9A.48.090) E
E Tampering
with Fire Alarm
Apparatus
(9.40.100) E
A Possession
of Incendiary Device
(9.40.120) B+
Assault
and Other Crimes
Involving
Physical Harm
A Assault
1 (9A.36.011) B+
B+ Assault
2 (9A.36.021) C+
C+ Assault
3 (9A.36.031) D+
D+ Assault
4 (9A.36.041) E
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion
(9A.36.070) E
C+ Custodial
Assault (9A.36.100) D+
Burglary
and Trespass
B+ Burglary
1 (9A.52.020) C+
B Burglary
2 (9A.52.030) C
D Burglary
Tools (Possession of)
(9A.52.060) E
D Criminal
Trespass 1 (9A.52.070) E
E Criminal
Trespass 2 (9A.52.080) E
D Vehicle
Prowling (9A.52.100) E
Drugs
E Possession/Consumption
of Alcohol
(66.44.270) E
C Illegally
Obtaining Legend Drug
(69.41.020) D
C+ Sale,
Delivery, Possession of Legend
Drug
with Intent to Sell
(69.41.030) D+
E Possession
of Legend Drug
(69.41.030) E
B+ Violation
of Uniform Controlled
Substances
Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession
of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently
Obtaining Controlled
Substance
(69.50.403) C
C+ Sale
of Controlled Substance
for
Profit (69.50.410) C+
E ((Glue
Sniffing (9.47A.050))) E
Unlawful
Inhalation (9.47A.020)
B Violation
of Uniform Controlled
Substances
Act - Narcotic
Counterfeit
Substances
(69.50.401(b)(1)(i)) B
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic
Counterfeit
Substances
(69.50.401(b)(1)
(ii), (iii), (iv)) C
C Violation
of Uniform Controlled
Substances
Act - Possession of a
Controlled
Substance
(69.50.401(d)) C
C Violation
of Uniform Controlled
Substances
Act - Possession of a
Controlled
Substance
(69.50.401(c)) C
Firearms
and Weapons
((C+ Committing
Crime when Armed
(9.41.025) D+))
E Carrying
Loaded Pistol Without
Permit
(9.41.050) E
E Use
of Firearms by Minor (<14)
(9.41.240) E
D+ Possession
of Dangerous Weapon
(9.41.250) E
D Intimidating
Another Person by use
of
Weapon (9.41.270) E
Homicide
A+ Murder
1 (9A.32.030) A
A+ Murder
2 (9A.32.050) B+
B+ Manslaughter
1 (9A.32.060) C+
C+ Manslaughter
2 (9A.32.070) D+
B+ Vehicular
Homicide (46.61.520) C+
Kidnapping
A Kidnap
1 (9A.40.020) B+
B+ Kidnap
2 (9A.40.030) C+
C+ Unlawful
Imprisonment
(9A.40.040) D+
((D Custodial
Interference
(9A.40.050) E))
Obstructing
Governmental Operation
E Obstructing
a Public Servant
(9A.76.020) E
E Resisting
Arrest (9A.76.040) E
B Introducing
Contraband 1
(9A.76.140) C
C Introducing
Contraband 2
(9A.76.150) D
E Introducing
Contraband 3
(9A.76.160) E
B+ Intimidating
a Public Servant
(9A.76.180) C+
B+ Intimidating
a Witness
(9A.72.110) C+
((E Criminal
Contempt
(9.23.010) E))
Public
Disturbance
C+ Riot
with Weapon (9A.84.010) D+
D+ Riot
Without Weapon
(9A.84.010) E
E Failure
to Disperse (9A.84.020) E
E Disorderly
Conduct (9A.84.030) E
Sex
Crimes
A Rape
1 (9A.44.040) B+
A- Rape
2 (9A.44.050) B+
C+ Rape
3 (9A.44.060) D+
A- Rape
of a Child 1 (9A.44.073) B+
B Rape
of a Child 2 (9A.44.076) C+
B Incest
1 (9A.64.020(1)) C
C Incest
2 (9A.64.020(2)) D
D+ ((Public
Indecency)) Indecent Exposure
(Victim
<14) (9A.88.010) E
E ((Public
Indecency)) Indecent Exposure
(Victim
14 or over) (9A.88.010) E
B+ Promoting
Prostitution 1
(9A.88.070) C+
C+ Promoting
Prostitution 2
(9A.88.080) D+
E O
& A (Prostitution) (9A.88.030) E
B+ Indecent
Liberties (9A.44.100) C+
B+ Child
Molestation 1 (9A.44.083) C+
C+ Child
Molestation 2 (9A.44.086) C
Theft,
Robbery, Extortion, and Forgery
B Theft
1 (9A.56.030) C
C Theft
2 (9A.56.040) D
D Theft
3 (9A.56.050) E
B Theft
of Livestock (9A.56.080) C
C Forgery
(((9A.56.020))) (9A.60.020) D
A Robbery
1 (9A.56.200) B+
B+ Robbery
2 (9A.56.210) C+
B+ Extortion
1 (9A.56.120) C+
C+ Extortion
2 (9A.56.130) D+
B Possession
of Stolen Property 1
(9A.56.150) C
C Possession
of Stolen Property 2
(9A.56.160) D
D Possession
of Stolen Property 3
(9A.56.170) E
C Taking
Motor Vehicle Without
Owner's
Permission (9A.56.070) D
Motor
Vehicle Related Crimes
E Driving
Without a License
(46.20.021) E
C Hit
and Run - Injury
(46.52.020(4)) D
D Hit
and Run-Attended
(46.52.020(5)) E
E Hit
and Run-Unattended
(46.52.010) E
C Vehicular
Assault (46.61.522) D
C Attempting
to Elude Pursuing
Police
Vehicle (46.61.024) D
E Reckless
Driving (46.61.500) E
D Driving
While Under the Influence
(46.61.515) E
B+ Negligent
Homicide by Motor
Vehicle
(46.61.520) C+
D Vehicle
Prowling (9A.52.100) E
C Taking
Motor Vehicle Without
Owner's
Permission (9A.56.070) D
Other
B Bomb
Threat (9.61.160) C
C Escape
11 (9A.76.110) C
C Escape
21 (9A.76.120) C
D Escape
3 (9A.76.130) E
C Failure
to Appear in Court
(10.19.130) D
E Tampering
with Fire Alarm
Apparatus
(9.40.100) E
E Obscene,
Harassing, Etc.,
Phone
Calls (9.61.230) E
A Other
Offense Equivalent to an
Adult
Class A Felony B+
B Other
Offense Equivalent to an
Adult
Class B Felony C
C Other
Offense Equivalent to an
Adult
Class C Felony D
D Other
Offense Equivalent to an
Adult
Gross Misdemeanor E
E Other
Offense Equivalent to an
Adult
Misdemeanor E
V Violation
of Order of Restitution,
Community
Supervision, or
Confinement
(13.40.200)2 V
1Escape 1
and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard
range is established as follows:
1st
escape or attempted escape during 12-month period - 4 weeks confinement
2nd
escape or attempted escape during 12-month period - 8 weeks confinement
3rd
and subsequent escape or attempted escape during 12-month period - 12 weeks
confinement
2If the
court finds that a respondent has violated terms of an order, it may impose a
penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME
SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
.................................................................
A+
.9 .9 .9
A
.9 .8 .6
A-
.9 .8 .5
B+
.9 .7 .4
B
.9 .6 .3
C+
.6 .3 .2
C
.5 .2 .2
D+
.3 .2 .1
D
.2 .1 .1
E
.1 .1 .1
Prior history
- Any offense in which a diversion agreement or counsel and release form was
signed, or any offense which has been adjudicated by court to be correct prior
to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
..............................................................
A+ STANDARD
RANGE 180-224 WEEKS
A 250 300
350 375 375 375
A- 150 150
150 200 200 200
B+ 110 110
120 130 140 150
B
45 45 50 50 57 57
C+
44 44 49 49 55 55
C
40 40 45 45 50 50
D+
16 18 20 22 24 26
D
14 16 18 20 22 24
E
4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This
schedule may only be used for minor/first offenders. After the determination
is made that a youth is a minor/first offender, the court has the discretion to
select sentencing option A, B, or C. A disposition order for a minor/first
offender may not include an order of confinement.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service
Points Supervision Hours Fine
1-9 ((0-3))
0-12 months and/or 0-8 and/or 0-$10
10-19 ((0-3))
0-12 months and/or 0-8 and/or 0-$10
20-29 ((0-3))
0-12 months and/or 0-16 and/or 0-$10
30-39 ((0-3))
0-12 months and/or 8-24 and/or 0-$25
40-49 ((3-6))
0-12 months and/or 16-32 and/or 0-$25
50-59 ((3-6))
0-12 months and/or 24-40 and/or 0-$25
60-69 ((6-9))
0-12 months and/or 32-48 and/or 0-$50
70-79 ((6-9))
0-12 months and/or 40-55 and/or 0-$50
80-89 ((9-12))
0-12 months and/or 48-64 and/or 10-$100
90-109 ((9-12))
0-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12
Months Community Supervision
0-150
Hours Community Service
0-100 Fine
A term of
community supervision with a maximum of 150 hours, $100.00 fine, and 12 months
supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term
of community supervision would effectuate a manifest injustice, another
disposition may be imposed. When a judge imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term and
the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This
schedule may only be used for middle offenders. After the determination is
made that a youth is a middle offender, the court has the discretion to select
sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD
RANGE
Community
Community Service
Confinement
Points Supervision Hours Fine Days
Weeks
.................................................................
1-9 ((0-3))
0-12 months and/or 0-8 and/or 0-$10 and/or 0
10-19 ((0-3))
0-12 months and/or 0-8 and/or 0-$10 and/or 0
20-29 ((0-3))
0-12 months and/or 0-16 and/or 0-$10 and/or 0
30-39 ((0-3))
0-12 months and/or 8-24 and/or 0-$25 and/or ((2‑4))
0-10
40-49 ((3-6))
0-12 months and/or 16-32 and/or 0-$25 and/or ((2‑4))
0-10
50-59 ((3-6))
0-12 months and/or 24-40 and/or 0-$25 and/or ((5‑10))
0-10
60-69 ((6-9))
0-12 months and/or 32-48 and/or 0-$50 and/or ((5-10))
10-20
70-79 ((6-9))
0-12 months and/or 40-56 and/or 0-$50 and/or 10‑20
80-89 ((9-12))
0-12 months and/or 48-64 and/or 0-$100 and/or 10‑20
90-109 ((9-12))
0-12 months and/or 56-72 and/or 0-$100 and/or ((15‑30))
20-30
110-129
8-12
130-149
13-16
150-199
21-28
200-249
30-40
250-299
52-65
300-374
80-100
375+
103-129
Middle
offenders with more than 110 points do not have to be committed. They may be
assigned community supervision under option B.
All A+
offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100
Fine
The
court may impose a determinate disposition of community supervision and/or up
to 30 days confinement; in which case, if confinement has been imposed, the
court shall state either aggravating or mitigating factors as set forth in RCW
13.40.150, as now or hereafter amended.
OR
OPTION C
MANIFEST INJUSTICE
If the
court determines that a disposition under A or B would effectuate a manifest
injustice, the court shall sentence the juvenile to a maximum term and the
provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This
schedule may only be used for serious offenders. After the determination is
made that a youth is a serious offender, the court has the discretion to select
sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12
weeks
130-149 13-16
weeks
150-199 21-28
weeks
200-249 30-40
weeks
250-299 52-65
weeks
300-374 80-100
weeks
375+ 103-129
weeks
All
A+
Offenses 180-224
weeks
OR
OPTION B
MANIFEST INJUSTICE
A
disposition outside the standard range shall be determined and shall be
comprised of confinement or community supervision or a combination thereof.
When a judge finds a manifest injustice and imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term, and
the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine the range.
Sec.
105. RCW
13.40.038 and 1986 c 288 s 7 are each amended to read as follows:
It is
the policy of this state that all county juvenile detention facilities provide
a humane, safe, and rehabilitative environment and that unadjudicated youth
remain in the community whenever possible, consistent with public safety and
the provisions of chapter 13.40 RCW.
The
counties shall develop and implement detention intake standards and risk
assessment standards to determine whether detention is warranted and if so
whether the juvenile should be placed in secure, nonsecure, or home detention
to implement the goals of this section. Inability to pay for a less restrictive
detention placement shall not be a basis for denying a respondent a less restrictive
placement in the community. The detention and risk assessment standards shall
be developed and implemented no later than December 31, 1992.
Sec.
106. RCW
13.40.050 and 1979 c 155 s 58 are each amended to read as follows:
(1)
When a juvenile taken into custody is held in detention:
(a) An
information, a community supervision modification or termination of diversion
petition, or a parole modification petition shall be filed within seventy-two
hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be
released; and
(b) A
detention hearing, a community supervision modification or termination of
diversion petition, or a parole modification petition shall be held within
seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of
filing the information or petition, to determine whether continued detention is
necessary under RCW 13.40.040.
(2)
Notice of the detention hearing, stating the time, place, and purpose of the
hearing, and stating the right to counsel, shall be given to the parent,
guardian, or custodian if such person can be found and shall also be given to
the juvenile if over twelve years of age.
(3) At
the commencement of the detention hearing, the court shall advise the parties
of their rights under this chapter and shall appoint counsel as specified in
this chapter.
(4)
The court shall, based upon the allegations in the information, determine
whether the case is properly before it or whether the case should be treated as
a diversion case under RCW 13.40.080. If the case is not properly before the
court the juvenile shall be ordered released.
(5)
Notwithstanding a determination that the case is properly before the court and
that probable cause exists, a juvenile shall at the detention hearing be
ordered released on the juvenile's personal recognizance pending further
hearing unless the court finds detention is necessary under RCW 13.40.040 as
now or hereafter amended.
(6) If
detention is not necessary under RCW 13.40.040, as now or hereafter amended,
the court shall impose the most appropriate of the following conditions or, if
necessary, any combination of the following conditions:
(a)
Place the juvenile in the custody of a designated person agreeing to supervise
such juvenile;
(b)
Place restrictions on the travel of the juvenile during the period of release;
(c)
Require the juvenile to report regularly to and remain under the supervision of
the juvenile court;
(d)
Impose any condition other than detention deemed reasonably necessary to assure
appearance as required; or
(e)
Require that the juvenile return to detention during specified hours.
(7)
If the parent, guardian, or custodian of the juvenile in detention is
available, the court shall consult with them prior to a determination to
further detain or release the juvenile or treat the case as a diversion case
under RCW 13.40.080.
Sec.
107. RCW
13.40.070 and 1989 c 407 s 9 are each amended to read as follows:
(1)
Complaints referred to the juvenile court alleging the commission of an offense
shall be referred directly to the prosecutor. The prosecutor, upon receipt of a
complaint, shall screen the complaint to determine whether:
(a)
The alleged facts bring the case within the jurisdiction of the court; and
(b) On
a basis of available evidence there is probable cause to believe that the
juvenile did commit the offense.
(2) If
the identical alleged acts constitute an offense under both the law of this
state and an ordinance of any city or county of this state, state law shall
govern the prosecutor's screening and charging decision for both filed and
diverted cases.
(3) If
the requirements of subsections (1) (a) and (b) of this section are met, the
prosecutor shall either file an information in juvenile court or divert the
case, as set forth in subsections (5), (6), and (7) of this section. If the
prosecutor finds that the requirements of subsection (1) (a) and (b) of this
section are not met, the prosecutor shall maintain a record, for one year, of
such decision and the reasons therefor. In lieu of filing an information or
diverting an offense a prosecutor may file a motion to modify community
supervision where such offense constitutes a violation of community
supervision.
(4) An
information shall be a plain, concise, and definite written statement of the
essential facts constituting the offense charged. It shall be signed by the
prosecuting attorney and conform to chapter 10.37 RCW.
(5)
Where a case is legally sufficient, the prosecutor shall file an information
with the juvenile court if:
(a) An
alleged offender is accused of a class A felony, a class B felony, an attempt
to commit a class B felony, ((assault in the third degree, rape in the third
degree)) a class C felony listed in RCW 9.94A.440(2) as a crime against
persons, or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An
alleged offender is accused of a felony and has a criminal history of at least
one class A or class B felony, or two class C felonies, or at least two gross
misdemeanors, or at least two misdemeanors and one additional misdemeanor or
gross misdemeanor, or at least one class C felony and one misdemeanor or gross
misdemeanor; or
(c) An
alleged offender has previously been committed to the department; or
(d)
An alleged offender has been referred by a diversion unit for prosecution or
desires prosecution instead of diversion; or
(((d)))
(e) An alleged offender has three or more diversions on the alleged
offender's criminal history ((within eighteen months of the current alleged
offense)).
(6)
Where a case is legally sufficient the prosecutor shall divert the case if the
alleged offense is a misdemeanor or gross misdemeanor or violation and the
alleged offense(s) in combination with the alleged offender's criminal history
do not exceed two offenses or violations and do not include any felonies:
PROVIDED, That if the alleged offender is charged with a related offense that
must or may be filed under subsections (5) and (7) of this section, a case
under this subsection may also be filed.
(7)
Where a case is legally sufficient and falls into neither subsection (5) nor
(6) of this section, it may be filed or diverted. In deciding whether to file
or divert an offense under this section the prosecutor shall be guided only by
the length, seriousness, and recency of the alleged offender's criminal history
and the circumstances surrounding the commission of the alleged offense.
(8)
Whenever a juvenile is placed in custody or, where not placed in custody,
referred to a diversionary interview, the parent or legal guardian of the
juvenile shall be notified as soon as possible concerning the allegation made
against the juvenile and the current status of the juvenile. Where a case
involves victims of crimes against persons or victims whose property has not
been recovered at the time a juvenile is referred to a diversionary unit, the
victim shall be notified of the referral and informed how to contact the unit.
(9)
The responsibilities of the prosecutor under subsections (1) through (8) of
this section may be performed by a juvenile court probation counselor for any
complaint referred to the court alleging the commission of an offense which
would not be a felony if committed by an adult, if the prosecutor has given
sufficient written notice to the juvenile court that the prosecutor will not
review such complaints.
(10)
The prosecutor, juvenile court probation counselor, or diversion unit may, in
exercising their authority under this section or RCW 13.40.080, refer juveniles
to mediation or victim offender reconciliation programs. Such mediation or
victim offender reconciliation programs shall be voluntary for victims.
Sec.
108. RCW
13.40.080 and 1985 c 73 s 2 are each amended to read as follows:
(1) A
diversion agreement shall be a contract between a juvenile accused of an
offense and a diversionary unit whereby the juvenile agrees to fulfill certain
conditions in lieu of prosecution. Such agreements may be entered into only
after the prosecutor, or probation counselor pursuant to this chapter, has
determined that probable cause exists to believe that a crime has been
committed and that the juvenile committed it. Such agreements shall be
entered into as expeditiously as possible.
(2) A
diversion agreement shall be limited to:
(a)
Community service not to exceed one hundred fifty hours, not to be performed
during school hours if the juvenile is attending school;
(b)
Restitution limited to the amount of actual loss incurred by the victim, and to
an amount the juvenile has the means or potential means to pay;
(c)
Attendance at up to ((two)) ten hours of counseling and/or up to
((ten)) twenty hours of educational or informational sessions at
a community agency: PROVIDED, That the state shall not be liable for costs
resulting from the diversionary unit exercising the option to permit diversion
agreements to mandate attendance at up to ((two)) ten hours of
counseling and/or up to ((ten)) twenty hours of educational or
informational sessions; and
(d) A
fine, not to exceed one hundred dollars. In determining the amount of the
fine, the diversion unit shall consider only the juvenile's financial resources
and whether the juvenile has the means to pay the fine. The diversion unit
shall not consider the financial resources of the juvenile's parents, guardian,
or custodian in determining the fine to be imposed.
(3) In
assessing periods of community service to be performed and restitution to be
paid by a juvenile who has entered into a diversion agreement, the court
officer to whom this task is assigned shall consult with victims who have
contacted the diversionary unit and, to the extent possible, involve
members of the community. Such members of the community shall meet with the
juvenile and advise the court officer as to the terms of the diversion
agreement and shall supervise the juvenile in carrying out its terms.
(4) A
diversion agreement may not exceed a period of six months ((for a
misdemeanor or gross misdemeanor or one year for a felony)) and may include
a period extending beyond the eighteenth birthday of the divertee. Any
restitution assessed during its term may not exceed an amount which the
juvenile could be reasonably expected to pay during this period. If additional
time is necessary for the juvenile to complete restitution to the victim, the
time period limitations of this subsection may be extended by an additional six
months.
(5)
The juvenile shall retain the right to be referred to the court at any time
prior to the signing of the diversion agreement.
(6)
Divertees and potential divertees shall be afforded due process in all contacts
with a diversionary unit regardless of whether the juveniles are accepted for
diversion or whether the diversion program is successfully completed. Such due
process shall include, but not be limited to, the following:
(a) A
written diversion agreement shall be executed stating all conditions in clearly
understandable language;
(b)
Violation of the terms of the agreement shall be the only grounds for
termination;
(c) No
divertee may be terminated from a diversion program without being given a court
hearing, which hearing shall be preceded by:
(i)
Written notice of alleged violations of the conditions of the diversion
program; and
(ii)
Disclosure of all evidence to be offered against the divertee;
(d)
The hearing shall be conducted by the juvenile court and shall include:
(i)
Opportunity to be heard in person and to present evidence;
(ii)
The right to confront and cross-examine all adverse witnesses;
(iii)
A written statement by the court as to the evidence relied on and the reasons
for termination, should that be the decision; and
(iv)
Demonstration by evidence that the divertee has substantially violated the
terms of his or her diversion agreement.
(e)
The prosecutor may file an information on the offense for which the divertee
was diverted:
(i) In
juvenile court if the divertee is under eighteen years of age; or
(ii)
In superior court or the appropriate court of limited jurisdiction if the
divertee is eighteen years of age or older.
(7) The
diversion unit shall, subject to available funds, be responsible for providing
interpreters when juveniles need interpreters to effectively communicate during
diversion unit hearings or negotiations.
(8)
The diversion unit shall be responsible for advising a divertee of his or her
rights as provided in this chapter.
(((8)))
(9) The diversion unit may refer a juvenile to community-based counseling or
treatment programs.
(10)
The right to counsel shall inure prior to the initial interview for purposes of
advising the juvenile as to whether he or she desires to participate in the
diversion process or to appear in the juvenile court. The juvenile may be
represented by counsel at any critical stage of the diversion process,
including intake interviews and termination hearings. The juvenile shall be
fully advised at the intake of his or her right to an attorney and of the
relevant services an attorney can provide. For the purpose of this section,
intake interviews mean all interviews regarding the diversion agreement
process.
The
juvenile shall be advised that a diversion agreement shall constitute a part of
the juvenile's criminal history as defined by RCW 13.40.020(((6)))(9)
as now or hereafter amended. A signed acknowledgment of such advisement shall
be obtained from the juvenile, and the document shall be maintained by the
diversionary unit together with the diversion agreement, and a copy of both
documents shall be delivered to the prosecutor if requested by the prosecutor.
The supreme court shall promulgate rules setting forth the content of such
advisement in simple language.
(((9)))
(11) When a juvenile enters into a diversion agreement, the juvenile
court may receive only the following information for dispositional purposes:
(a)
The fact that a charge or charges were made;
(b)
The fact that a diversion agreement was entered into;
(c)
The juvenile's obligations under such agreement;
(d)
Whether the alleged offender performed his or her obligations under such
agreement; and
(e)
The facts of the alleged offense.
(((10)))
(12) A diversionary unit may refuse to enter into a diversion agreement
with a juvenile. When a diversionary unit refuses to enter a diversion
agreement with a juvenile, it shall immediately refer such juvenile to the
court for action and shall forward to the court the criminal complaint and a
detailed statement of its reasons for refusing to enter into a diversion
agreement. The diversionary unit shall also immediately refer the case to the
prosecuting attorney for action if such juvenile violates the terms of the
diversion agreement.
(((11)))
(13) A diversionary unit may, in instances where it determines that the
act or omission of an act for which a juvenile has been referred to it involved
no victim, or where it determines that the juvenile referred to it has no prior
criminal history and is alleged to have committed an illegal act involving no
threat of or instance of actual physical harm and involving not more than fifty
dollars in property loss or damage and that there is no loss outstanding to the
person or firm suffering such damage or loss, counsel and release or release
such a juvenile without entering into a diversion agreement((: PROVIDED,
That)). A diversion unit's authority to counsel and release a juvenile
under this subsection shall include the authority to refer the juvenile to community-based
counseling or treatment programs. Any juvenile ((so handled)) released
under this subsection shall be advised that the act or omission of any act
for which he or she had been referred shall constitute a part of the juvenile's
criminal history as defined by RCW 13.40.020(((6)))(9) as now or
hereafter amended. A signed acknowledgment of such advisement shall be
obtained from the juvenile, and the document shall be maintained by the unit,
and a copy of the document shall be delivered to the prosecutor if requested by
the prosecutor. The supreme court shall promulgate rules setting forth the
content of such advisement in simple language((: PROVIDED FURTHER, That)).
A juvenile determined to be eligible by a diversionary unit for ((such))
release as provided in this subsection shall retain the same right to
counsel and right to have his or her case referred to the court for formal
action as any other juvenile referred to the unit.
(((12)))
(14) A diversion unit may supervise the fulfillment of a diversion
agreement entered into before the juvenile's eighteenth birthday and which
includes a period extending beyond the divertee's eighteenth birthday.
(((13)))
(15) If a fine required by a diversion agreement cannot reasonably be
paid due to a change of circumstance, the diversion agreement may be modified
at the request of the divertee and with the concurrence of the diversion unit
to convert an unpaid fine into community service. The modification of the
diversion agreement shall be in writing and signed by the divertee and the
diversion unit. The number of hours of community service in lieu of a monetary
penalty shall be converted at the rate of the prevailing state minimum wage per
hour.
(((14)))
(16) Fines imposed under this section shall be collected and paid into
the county general fund in accordance with procedures established by the
juvenile court administrator under RCW 13.04.040 and may be used only for
juvenile services. In the expenditure of funds for juvenile services, there
shall be a maintenance of effort whereby counties exhaust existing resources
before using amounts collected under this section.
Sec.
109. RCW
13.40.150 and 1990 c 3 s 605 are each amended to read as follows:
(1) In
disposition hearings all relevant and material evidence, including oral and
written reports, may be received by the court and may be relied upon to the
extent of its probative value, even though such evidence may not be admissible
in a hearing on the information. The youth or the youth's counsel and the
prosecuting attorney shall be afforded an opportunity to examine and controvert
written reports so received and to cross-examine individuals making reports
when such individuals are reasonably available, but sources of confidential
information need not be disclosed. The prosecutor and counsel for the juvenile
may submit recommendations for disposition.
(2)
For purposes of disposition:
(a)
Violations which are current offenses count as misdemeanors;
(b)
Violations may not count as part of the offender's criminal history;
(c) In
no event may a disposition for a violation include confinement.
(3)
Before entering a dispositional order as to a respondent found to have
committed an offense, the court shall hold a disposition hearing, at which the
court shall:
(a)
Consider the facts supporting the allegations of criminal conduct by the
respondent;
(b)
Consider information and arguments offered by parties and their counsel;
(c)
Consider any predisposition reports;
(d) Consult
with the respondent's parent, guardian, or custodian on the appropriateness of
dispositional options under consideration and afford the respondent and the
respondent's parent, guardian, or custodian an opportunity to speak in the respondent's
behalf;
(e)
Allow the victim or a representative of the victim and an investigative law
enforcement officer to speak;
(f)
Determine the amount of restitution owing to the victim, if any;
(g)
Determine whether the respondent is a serious offender, a middle offender, or a
minor or first offender;
(h)
Consider whether or not any of the following mitigating factors exist:
(i)
The respondent's conduct neither caused nor threatened serious bodily injury or
the respondent did not contemplate that his or her conduct would cause or
threaten serious bodily injury;
(ii)
The respondent acted under strong and immediate provocation;
(iii)
The respondent was suffering from a mental or physical condition that
significantly reduced his or her culpability for the offense though failing to
establish a defense;
(iv)
Prior to his or her detection, the respondent compensated or made a good faith
attempt to compensate the victim for the injury or loss sustained; and
(v)
There has been at least one year between the respondent's current offense and
any prior criminal offense;
(i)
Consider whether or not any of the following aggravating factors exist:
(i)
In the commission of the offense, or in flight therefrom, the respondent
inflicted or attempted to inflict serious bodily injury to another;
(ii)
The offense was committed in an especially heinous, cruel, or depraved manner;
(iii)
The victim or victims were particularly vulnerable;
(iv)
The respondent has a recent criminal history or has failed to comply with
conditions of a recent dispositional order or diversion agreement;
(v)
The current offense included a finding of sexual motivation pursuant to RCW
9.94A.127;
(vi)
The respondent was the leader of a criminal enterprise involving several
persons; and
(vii)
There are other complaints which have resulted in diversion or a finding or
plea of guilty but which are not included as criminal history.
(4)
The following factors may not be considered in determining the punishment to be
imposed:
(a)
The sex of the respondent;
(b)
The race or color of the respondent or the respondent's family;
(c)
The creed or religion of the respondent or the respondent's family;
(d)
The economic or social class of the respondent or the respondent's family; and
(e)
Factors indicating that the respondent may be or is a dependent child within
the meaning of this chapter.
(5)
A court may not commit a juvenile to a state institution solely because of the
lack of facilities, including treatment facilities, existing in the community.
NEW
SECTION. Sec. 110. (1) The
counties are expressly authorized to implement and operate a youthful offender
discipline program to provide an intensive educational and physical training
and rehabilitative program for appropriate children.
(2) A
child may be placed in a youth offender discipline program if he is at least
fourteen years of age but less than eighteen years of age at the time of
adjudication and has been committed to the department as:
(a) A
serious offender, as defined in RCW 13.40.020(1); or
(b) A
minor or first offender, as defined in RCW 13.40.020(14).
NEW
SECTION. Sec. 111. (1)
Each county establishing a youth offender discipline program shall screen
children sent to the program, so that only those children who have medical and
psychological profiles conducive to successfully completing an intensive work,
educational, and disciplinary program may be admitted to the program. A
participating county shall adopt rules for screening such admissions.
(2)
The program shall include educational assignments, work assignments, and
physical training exercises. Children shall be required to participate in
educational, vocational, and substance abuse programs.
NEW
SECTION. Sec. 112. Each
county establishing a youth offender discipline program shall:
(1)
Provide an aftercare component for monitoring and assisting the release of
program participants into the community;
(2)
Adopt rules for the program and aftercare which provide for at least six months
of participation in the program and aftercare for successful completion and
which also provide disciplinary sanctions and restrictions on the privileges of
the general population of children in the program; and
(3)
Keep records and monitor criminal activity, educational progress, and
employment placement of program participants after their release from the
program. An outcome evaluation study shall be published no later eighteen
months after the program becomes operational, which includes a comparison of
criminal activity, educational progress, and employment placements of children
completing the program with the criminal activity, educational progress, and
employment records of children completing other types of programs.
NEW
SECTION. Sec. 113. A
participating county may also contract with private organizations for the
operation of the youth offender discipline program and aftercare.
NEW
SECTION. Sec. 114. (1) If
a child in the youth offender discipline program becomes unmanageable or
medically or psychologically ineligible, the participating county shall remove
the child from the program.
(2) A
participating county shall either establish criteria for training contract
staff or provide a special training program for county personnel selected for
the youth offender discipline program, which shall include appropriate methods
of dealing with children who have been placed in such a stringent program.
Sec.
115. RCW
2.56.030 and 1989 c 95 s 2 are each amended to read as follows:
The
administrator for the courts shall, under the supervision and direction of the
chief justice:
(1)
Examine the administrative methods and systems employed in the offices of the
judges, clerks, stenographers, and employees of the courts and make
recommendations, through the chief justice, for the improvement of the same;
(2)
Examine the state of the dockets of the courts and determine the need for
assistance by any court;
(3)
Make recommendations to the chief justice relating to the assignment of judges
where courts are in need of assistance and carry out the direction of the chief
justice as to the assignments of judges to counties and districts where the
courts are in need of assistance;
(4)
Collect and compile statistical and other data and make reports of the business
transacted by the courts and transmit the same to the chief justice to the end
that proper action may be taken in respect thereto;
(5)
Prepare and submit budget estimates of state appropriations necessary for the
maintenance and operation of the judicial system and make recommendations in
respect thereto;
(6)
Collect statistical and other data and make reports relating to the expenditure
of public moneys, state and local, for the maintenance and operation of the
judicial system and the offices connected therewith;
(7)
Obtain reports from clerks of courts in accordance with law or rules adopted by
the supreme court of this state on cases and other judicial business in which
action has been delayed beyond periods of time specified by law or rules of
court and make report thereof to supreme court of this state;
(8)
Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9)
Formulate and submit to the judicial council of this state recommendations of
policies for the improvement of the judicial system;
(10)
Submit annually, as of February 1st, to the chief justice and the judicial
council, a report of the activities of the administrator's office for the
preceding calendar year;
(11)
Administer programs and standards for the training and education of judicial
personnel;
(12)
Examine the need for new superior court and district judge positions under a
weighted caseload analysis that takes into account the time required to hear
all the cases in a particular court and the amount of time existing judges have
available to hear cases in that court. The results of the weighted caseload
analysis shall be reviewed by the board for judicial administration and the
judicial council, both of which shall make recommendations to the legislature
by January 1, 1989. It is the intent of the legislature that weighted caseload
analysis become the basis for creating additional district court positions, and
recommendations should address that objective;
(13)
Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(14)
Attend to such other matters as may be assigned by the supreme court of this
state;
(15) Within
available funds, develop a curriculum for a general understanding of child
development, placement, and treatment resources, as well as specific
legal skills and knowledge of relevant statutes including chapters 13.32A ((and)),
13.34, and 13.40 RCW, cases, court rules, interviewing skills, and
special needs of the abused or neglected child. This curriculum shall be
completed and made available to all juvenile court judges, court personnel, and
service providers by July 1, 1988. The curriculum shall be updated yearly
to reflect changes in statutes, court rules, or case law;
(16)
Develop a curriculum for a general understanding of ((hate or bias))
crimes of malicious harassment, as well as specific legal skills and
knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs
of malicious harassment victims. This curriculum shall be completed and made
available to all superior court and court of appeals judges and to all justices
of the supreme court by July 1, 1989.
Sec.
116. RCW
4.24.190 and 1977 ex.s. c 145 s 1 are each amended to read as follows:
The
parent or parents of any minor child under the age of eighteen years who is
living with the parent or parents and who shall willfully or maliciously
destroy property, real or personal or mixed, or who shall willfully and
maliciously inflict personal injury on another person, shall be liable to the
owner of such property or to the person injured in a civil action at law for
damages in an amount not to exceed ((three)) five thousand
dollars. This section shall in no way limit the amount of recovery against the
parent or parents for their own common law negligence.
Sec.
117. RCW
9.41.010 and 1983 c 232 s 1 are each amended to read as follows:
(1)
"Short firearm" or "pistol" as used in this chapter means
any firearm with a barrel less than twelve inches in length.
(2)
"Crime of violence" as used in this chapter means:
(a)
Any of the following felonies, as now existing or hereafter amended: Any
felony defined under any law as a class A felony or an attempt to commit a
class A felony, criminal solicitation of or criminal conspiracy to commit a
class A felony, manslaughter in the first degree, manslaughter in the second
degree, indecent liberties if committed by forcible compulsion, rape in the
second degree, kidnapping in the second degree, arson in the second degree,
assault in the second degree, extortion in the first degree, burglary in the
second degree, and robbery in the second degree;
(b)
Any conviction or adjudication for a felony offense in effect at any
time prior to July 1, 1976, which is comparable to a felony classified as a
crime of violence in subsection (2)(a) of this section; and
(c)
Any federal or out-of-state conviction or adjudication for an offense
comparable to a felony classified as a crime of violence under subsection (2)
(a) or (b) of this section.
(3)
"Firearm" as used in this chapter means a weapon or device from which
a projectile may be fired by an explosive such as gunpowder.
(4)
"Commercial seller" as used in this chapter means a person who has a
federal firearms license.
Sec.
118. RCW
9.41.040 and 1983 c 232 s 2 are each amended to read as follows:
(1) A
person is guilty of the crime of unlawful possession of a short firearm or
pistol, if, having previously been convicted or, as a juvenile, adjudicated
in this state or elsewhere of a crime of violence or of a felony in which a
firearm was used or displayed, the person owns or has in his possession any
short firearm or pistol.
(2)
Unlawful possession of a short firearm or pistol shall be punished as a class C
felony under chapter 9A.20 RCW.
(3) As
used in this section, a person has been "convicted or adjudicated"
at such time as a plea of guilty has been accepted or a verdict of guilty has
been filed, notwithstanding the pendency of any future proceedings including
but not limited to sentencing or disposition, post-trial or
post-factfinding motions, and appeals. A person shall not be precluded
from possession if the conviction or adjudication has been the subject
of a pardon, annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person convicted or
adjudicated or the conviction or disposition has been the subject of
a pardon, annulment, or other equivalent procedure based on a finding of
innocence.
(4)
Except as provided in subsection (5) of this section, a person is guilty of the
crime of unlawful possession of a short firearm or pistol if, after having been
convicted or adjudicated of any felony violation of the uniform
controlled substances act, chapter 69.50 RCW, or equivalent statutes of another
jurisdiction, or after any period of confinement under RCW 71.05.320 or an
equivalent statute of another jurisdiction, or following a record of commitment
pursuant to chapter 10.77 RCW or equivalent statutes of another jurisdiction,
he owns or has in his possession or under his control any short firearm or
pistol.
(5)
Notwithstanding subsection (1) of this section, a person convicted of an
offense other than murder, manslaughter, robbery, rape, indecent liberties,
arson, assault, kidnapping, extortion, burglary, or violations with respect to
controlled substances under RCW 69.50.401(a) and 69.50.410, who received a
probationary sentence under RCW 9.95.200, and who received a dismissal of the
charge under RCW 9.95.240, shall not be precluded from ownership, possession,
or control of a firearm as a result of the conviction.
Sec.
119. RCW
13.04.011 and 1979 c 155 s 1 are each amended to read as follows:
For
purposes of this title:
(1)
Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, as now
or hereafter amended, "juvenile," "youth," and
"child" mean any individual who is under the chronological age of
eighteen years;
(2)
"Juvenile offender" and "juvenile offense" have the meaning
ascribed in RCW ((13.40.010 through 13.40.240)) 13.40.020;
(3)
"Court" when used without further qualification means the juvenile
court judge(s) or commissioner(s);
(4)
"Parent" or "parents," except as used in chapter 13.34 RCW,
as now or hereafter amended, means that parent or parents who have the right of
legal custody of the child. "Parent" or "parents" as used
in chapter 13.34 RCW, means the biological or adoptive parents of a child
unless the legal rights of that person have been terminated by judicial
proceedings;
(5)
"Custodian" means that person who has the legal right to custody of
the child.
NEW
SECTION. Sec. 120. A new
section is added to chapter 28A.600 RCW to read as follows:
School
districts may participate in the exchange of information with law enforcement
and juvenile court officials to the extent permitted by the family educational
and privacy rights act of 1974, 20 U.S.C. Sec. 1232g. When directed by court
order or pursuant to any lawfully issued subpoena, a school district shall make
student records and information available to law enforcement officials,
probation officers, court personnel, and others legally entitled to the
information. Parents and students shall be notified by the school district of
all such orders or subpoenas in advance of compliance with them.
PART
II - FAMILIES AT RISK
NEW SECTION. Sec. 201. A new section
is added to chapter 28A.225 RCW to read as follows:
Each
school within a school district shall inform the students and the parents of
the students enrolled in the school about the compulsory education requirements
under this chapter. The school shall distribute the information at least
annually.
Sec.
202. RCW
28A.225.020 and 1986 c 132 s 2 are each amended to read as follows:
If a
juvenile required to attend school under the laws of the state of Washington
fails to attend school without valid justification ((recurrently or for an
extended period of time)), the juvenile's school((, where appropriate,))
shall:
(1)
Inform the juvenile's custodial parent, parents or guardian by a notice in
writing ((in English and, if different, in the primary language of the
custodial parent, parents or guardian and by other means reasonably necessary
to achieve notice of the fact)) or by telephone that the juvenile
has failed to attend school without valid justification ((recurrently or for
an extended period of time)) after one unexcused absence within any
month during the current school year;
(2)
Schedule a conference or conferences with the custodial parent, parents or
guardian and juvenile at a time and place reasonably convenient for all persons
included for the purpose of analyzing the causes of the juvenile's absences after
two unexcused absences within any month during the current school year. If a
regularly scheduled parent-teacher conference day is to take place within
thirty days of the second unexcused absence, then the school district may
schedule this conference on that day; and
(3)
Take steps to eliminate or reduce the juvenile's absences. These steps shall
include, where appropriate, adjusting the juvenile's school program or school
or course assignment, providing more individualized or remedial instruction,
preparing the juvenile for employment with specific vocational courses or work
experience, or both, and assisting the parent or student to obtain
supplementary services that might eliminate or ameliorate the cause or causes
for the absence from school.
Sec.
203. RCW
28A.225.030 and 1990 c 33 s 220 are each amended to read as follows:
If
action taken by a school pursuant to RCW 28A.225.020 is not successful in
substantially reducing a student's absences from school, any of the following
actions may be taken after five or more unexcused absences during the
current school year: (1) The attendance officer of the school district
through its attorney may petition the juvenile court to assume jurisdiction
under RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the
purpose of alleging a violation of RCW 28A.225.010 by the parent; or (2) a
petition alleging a violation of RCW 28A.225.010 by a child may be filed with
the juvenile court by the parent of such child or by the attendance officer of
the school district through its attorney at the request of the parent. If the
court assumes jurisdiction in such an instance, the provisions of RCW
28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where
otherwise stated, shall apply.
Sec.
204. RCW
28A.225.090 and 1990 c 33 s 226 are each amended to read as follows:
Any
person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080
shall be fined not more than twenty-five dollars for each day of unexcused
absence from school. However, a child found to be in violation of RCW
28A.225.010 shall be required to attend school and shall not be fined. If
the child fails to comply with the court order to attend school, the court may
order the child be punished by detention or may impose alternatives to
detention such as community service hours or participation in dropout
prevention programs or referral to a community truancy board, if available.
Failure by a child to comply with an order issued under this section shall not
be punishable by detention for a period greater than that permitted pursuant to
a contempt proceeding against a child under chapter 13.32A RCW. It shall be a
defense for a parent charged with violating RCW 28A.225.010 to show that he or
she exercised reasonable diligence in attempting to cause a child in his or her
custody to attend school or that the juvenile's school did not perform its
duties as required in RCW 28A.225.020. Any fine imposed pursuant to this
section may be suspended upon the condition that a parent charged with
violating RCW 28A.225.010 shall participate with the school and the juvenile in
a supervised plan for the juvenile's attendance at school or upon condition
that the parent attend a conference or conferences scheduled by a school for the
purpose of analyzing the causes of a child's absence.
Attendance
officers shall make complaint for violation of the provisions of RCW
28A.225.010 through 28A.225.140 to a judge of the superior or district court.
Sec.
205. RCW
28A.225.150 and 1990 c 33 s 232 are each amended to read as follows:
The
school district attendance officer shall report biannually to the educational
service district superintendent, in the instance of petitions filed alleging a
violation by a child under RCW 28A.225.030:
(1)
The number of petitions filed by a school district or by a parent;
(2)
The frequency of each action taken under RCW 28A.225.020 prior to the filing of
such petition;
(3)
When deemed appropriate under RCW 28A.225.020, the frequency of delivery of
supplemental services; and
(4)
Disposition of cases filed with the juvenile court, including the frequency of
contempt orders issued to enforce a court's order under RCW 28A.225.090.
The
educational service district superintendent shall compile such information and
report annually to the superintendent of public instruction. The
superintendent of public instruction shall compile such information and report
to the committees of the house of representatives and the senate by ((January
1, 1988)) September 1 of each year.
Sec.
206. RCW
13.32A.130 and 1990 c 276 s 8 are each amended to read as follows:
A
child admitted to a crisis residential center under this chapter who is not
returned to the home of his or her parent or who is not placed in an
alternative residential placement under an agreement between the parent and
child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2),
reside in such placement under the rules and regulations established for the
center for a period not to exceed ((seventy-two hours, excluding Saturdays,
Sundays, and holidays,)) five consecutive days from the time of intake,
except as otherwise provided by this chapter. Crisis residential center staff
shall make a concerted effort to achieve a reconciliation of the family. If a
reconciliation and voluntary return of the child has not been achieved within
forty-eight hours((, excluding Saturdays, Sundays and holidays,)) from the
time of intake, and if the person in charge of the center does not consider it
likely that reconciliation will be achieved within the ((seventy-two hour))
five-day period, then the person in charge shall inform the parent and
child of (1) the availability of counseling services; (2) the right to file a
petition for an alternative residential placement, the right of a parent to
file an at-risk youth petition, and the right of the parent and child to obtain
assistance in filing the petition; and (3) the right to request a review of any
alternative residential placement: PROVIDED, That at no time shall information
regarding a parent's or child's rights be withheld if requested: PROVIDED FURTHER,
That the department shall develop and distribute to all law enforcement
agencies and to each crisis residential center administrator a written
statement delineating such services and rights. Every officer taking a child
into custody shall provide the child and his or her parent(s) or responsible
adult with whom the child is placed with a copy of such statement. In
addition, the administrator of the facility or his or her designee shall
provide every resident and parent with a copy of such statement.
Sec.
207. RCW
13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:
The
department shall file a petition to approve an alternative residential
placement on behalf of a child under any of the following sets of circumstances:
(1)
The child has been admitted to a crisis residential center or has been placed
with a responsible person other than his or her parent, and:
(a)
The parent has been notified that the child was so admitted or placed;
(b) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such notification;
(c) No
agreement between the parent and the child as to where the child shall live has
been reached;
(d) No
petition requesting approval of an alternative residential placement has been
filed by either the child or parent or legal custodian;
(e)
The parent has not filed an at-risk youth petition; and
(f)
The child has no suitable place to live other than the home of his or her
parent.
(2)
The child has been admitted to a crisis residential center and:
(a) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such placement;
(b)
The staff, after searching with due diligence, have been unable to contact the
parent of such child; and
(c)
The child has no suitable place to live other than the home of his or her
parent.
(3) An
agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or
pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
(a)
The party to whom the arrangement is no longer acceptable has so notified the
department;
(b) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such notification;
(c) No
new agreement between parent and child as to where the child shall live has
been reached;
(d) No
petition requesting approval of an alternative residential placement has been
filed by either the child or the parent;
(e)
The parent has not filed an at-risk youth petition; and
(f)
The child has no suitable place to live other than the home of his or her
parent.
Under
the circumstances of subsections (1), (2), or (3) of this section, the child
shall remain in a licensed child care facility, including but not limited to a
crisis residential center, or in any other suitable residence to be determined
by the department until an alternative residential placement petition filed by
the department on behalf of the child is reviewed by the juvenile court and is
resolved by such court. The department may authorize emergency medical or
dental care for a child placed under this section. The state, when the
department files a petition for alternative residential placement under this
section, shall be represented as provided for in RCW 13.04.093.
Sec.
208. RCW
13.32A.150 and 1990 c 276 s 10 are each amended to read as follows:
(1)
Except as otherwise provided in this section the juvenile court shall not
accept the filing of an alternative residential placement petition by the child
or the parents or the filing of an at-risk youth petition by the parent, unless
verification is provided that a family assessment has been completed by the
department. The family assessment shall be aimed at family reconciliation and
avoidance of the out-of-home placement of the child. If the department is
unable to complete an assessment within two working days following a request
for assessment the child or the parents may proceed under subsection (2) of
this section or the parent may proceed under subsection (3) of this section.
(2) A
child or a child's parent may file with the juvenile court a petition to
approve an alternative residential placement for the child outside the parent's
home. The department shall, when requested, assist either a parent or child in
the filing of the petition. The petition shall only ask that the placement of
a child outside the home of his or her parent be approved. The filing of a
petition to approve such placement is not dependent upon the court's having
obtained any prior jurisdiction over the child or his or her parent, and
confers upon the court a special jurisdiction to approve or disapprove an
alternative residential placement.
(3) A
child's parent may file with the juvenile court a petition in the interest of a
child alleged to be an at-risk youth. The department shall, when requested,
assist the parent in filing the petition. The petition shall be filed in the
county where the petitioning parent resides. The petition shall set forth the
name, age, and residence of the child and the names and residence of the
child's parents and shall allege that:
(a)
The child is an at-risk youth as defined in this chapter;
(b)
The petitioning parent has the right to legal custody of the child;
(c)
Court intervention and supervision are necessary to assist the parent to
maintain the care, custody, and control of the child; and
(d)
Alternatives to court intervention have been attempted or there is good cause
why such alternatives have not been attempted.
The
petition shall set forth facts that support the allegations in this subsection
and shall generally request relief available under this chapter. The petition
need not specify any proposed disposition following adjudication of the
petition. The filing of an at-risk youth petition is not dependent upon the
court's having obtained any prior jurisdiction over the child or his or her
parent and confers upon the court the special jurisdiction to assist the parent
in maintaining parental authority and responsibility for the child. An at-risk
youth petition may not be filed if the court has approved an alternative
residential placement petition regarding the child or if the child is the
subject of a proceeding under chapter 13.34 RCW. A petition may be accepted
for filing only if alternatives to court intervention have been attempted ((or
if there is good cause why they were not attempted)). Juvenile court personnel
may screen all at-risk youth petitions and may refuse to allow the filing of
any petition that lacks merit, fails to comply with the requirements of this
section, or fails to allege sufficient facts in support of allegations in the
petition.
NEW
SECTION. Sec. 209. To
the extent possible within existing funds, the department of social and health
services shall transfer children who are inappropriately housed in crisis
residential centers to residential and treatment services designed to meet
their specific, unique needs by June 30, 1993.
NEW
SECTION. Sec. 210. A new
section is added to chapter 13.32A RCW to read as follows:
The
department of social and health services shall not administratively split-code
staff responsible for family reconciliation services between separate and
distinct functions, except in remote rural offices where to do otherwise proves
impractical.
NEW
SECTION. Sec. 211. A new
section is added to chapter 13.32A RCW to read as follows:
All
placements into crisis residential centers shall be approved by and coordinated
through the family reconciliation services supervisor. The department of
social and health services shall establish uniform procedures for the use of
crisis residential centers, which shall be adhered to by all family
reconciliation services supervisors. The department shall ensure procedures
established under this section will facilitate and complement law enforcement
officer's existing responsibility to pick up and transport children to crisis
residential centers and other places authorized by law under this chapter.
Sec.
212. RCW
74.13.032 and 1979 c 155 s 78 are each amended to read as follows:
(1)
The department ((shall establish, by contracts with private vendors,)) may
operate or contract to operate not less than eight regional crisis
residential centers, which shall be structured group care facilities licensed
under rules adopted by the department. Each regional center shall have ((an
average of at least four adult staff members and in no event less than))
three adult staff members to every ((eight)) nine children. The
staff shall be trained so that they may effectively counsel juveniles admitted
to the centers, provide treatment, supervision, and structure to the juveniles,
and carry out the responsibilities outlined in RCW 13.32A.090.
(2)
The department shall, in addition to the regional facilities established under
subsection (1) of this section, establish not less than thirty additional
crisis residential centers pursuant to contract with licensed private group
care or specialized foster home facilities. The staff at the facilities shall
be trained so that they may effectively counsel juveniles admitted to the
centers, provide treatment, supervision, and structure to the juveniles, and
carry out the responsibilities stated in RCW 13.32A.090. The responsibilities
stated in RCW 13.32A.090 may, in any of the centers, be carried out by the
department.
Crisis
residential facilities shall be operated as semi-secure facilities.
Sec.
213. RCW
74.13.033 and 1979 c 155 s 79 are each amended to read as follows:
(1) If
a resident of a center becomes by his or her behavior disruptive to the
facility's program, such resident may be immediately removed to a separate area
within the facility and counseled on an individual basis until such time as the
child regains his or her composure. The department may set rules and
regulations establishing additional procedures for dealing with severely
disruptive children on the premises, which procedures are consistent with the
federal juvenile justice and delinquency prevention act of 1974 and regulations
and clarifying instructions promulgated thereunder. Nothing in this section
shall prohibit a center from referring any child who, as the result of a mental
or emotional disorder, or intoxication by alcohol or other drugs, is suicidal,
seriously assaultive or seriously destructive toward others, or otherwise
similarly evidences an immediate need for emergency medical evaluation and
possible care, ((to a community mental health center)) for evaluation
pursuant to chapter 71.34 RCW ((72.23.070)) or to a mental health
professional pursuant to chapter 71.05 RCW whenever such action is deemed
appropriate and consistent with law.
(2)
When the juvenile resides in this facility, all services deemed necessary to
the juvenile's reentry to normal family life shall be made available to the
juvenile as required by chapter 13.32A RCW. In providing these services, the
facility shall:
(a)
Interview the juvenile as soon as possible;
(b)
Contact the juvenile's parents and arrange for a counseling interview with the
juvenile and his or her parents as soon as possible;
(c)
Conduct counseling interviews with the juvenile and his or her parents, to the
end that resolution of the child/parent conflict is attained and the child is
returned home as soon as possible; and
(d)
Provide additional crisis counseling as needed, to the end that placement of
the child in the crisis residential center will be required for the shortest
time possible, but not to exceed ((seventy-two hours)) five
consecutive days.
(3) A
juvenile taking unauthorized leave from this residence may be apprehended and
returned to it by law enforcement officers or other persons designated as
having this authority as provided in RCW 13.32A.050. If returned to the
facility after having taken unauthorized leave for a period of more than
twenty-four hours a juvenile may be supervised by such a facility for a period,
pursuant to this chapter, which, unless where otherwise provided, may not
exceed ((seventy-two hours)) five consecutive days on the premises.
Costs of housing juveniles admitted to crisis residential centers shall be
assumed by the department for a period not to exceed ((seventy-two hours))
five consecutive days.
Sec.
214. RCW
74.13.034 and 1991 c 364 s 5 are each amended to read as follows:
(1) A
child taken into custody and taken to a crisis residential center established
pursuant to RCW 74.13.032(2) may, if the center is unable to provide
appropriate treatment, supervision, and structure to the child, be taken at
department expense to another crisis residential center or the nearest regional
crisis residential center. Placement in both centers shall not exceed ((seventy-two
hours)) five consecutive days from the point of intake as provided in
RCW 13.32A.130.
(2)
A child taken into custody and taken to a crisis residential center established
by this chapter may be placed physically by the department or the department's
designee and, at departmental expense and approval, in a secure juvenile
detention facility operated by the county in which the center is located for a
maximum of forty-eight hours, including Saturdays, Sundays, and holidays, if
the child has taken unauthorized leave from the center and the person in charge
of the center determines that the center cannot provide supervision and
structure adequate to ensure that the child will not again take unauthorized
leave. Juveniles placed in such a facility pursuant to this section may not,
to the extent possible, come in contact with alleged or convicted juvenile or
adult offenders.
(3)
Any child placed in secure detention pursuant to this section shall, during the
period of confinement, be provided with appropriate treatment by the department
or the department's designee, which shall include the services defined in RCW
74.13.033(2). If the child placed in secure detention is not returned home or
if an alternative living arrangement agreeable to the parent and the child is
not made within twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential center. Placement
in the crisis residential center or centers plus placement in juvenile
detention shall not exceed ((seventy-two hours)) five
consecutive days from the point of intake as provided in RCW 13.32A.130.
(4)
Juvenile detention facilities used pursuant to this section shall first be
certified by the department to ensure that juveniles placed in the facility
pursuant to this section are provided with living conditions suitable to the
well-being of the child. Where space is available, juvenile courts, when
certified by the department to do so, shall provide secure placement for
juveniles pursuant to this section, at department expense.
(5) It
is the intent of the legislature that by July 1, 1982, crisis residential
centers, supplemented by community mental health programs and mental health
professionals, will be able to respond appropriately to children admitted to
centers under this chapter and will be able to respond to the needs of such children
with appropriate treatment, supervision, and structure.
PART
III - INVOLUNTARY COMMITMENT AND TREATMENT
Sec. 301. RCW
74.04.055 and 1991 c 126 s 2 are each amended to read as follows:
In
furtherance of the policy of this state to cooperate with the federal
government in the programs included in this title the secretary shall issue
such rules and regulations as may become necessary to entitle this state to
participate in federal grants-in-aid, goods, commodities and services unless
the same be expressly prohibited by this title. The secretary shall ensure
that the department's services and programs are designed and implemented to
maximize the allocation of federal funds to the state.
Any
section or provision of this title which may be susceptible to more than one
construction shall be interpreted in favor of the construction most likely to
satisfy federal laws entitling this state to receive federal matching or other
funds for the various programs of public assistance. If any part of this
chapter is found to be in conflict with federal requirements which are a
prescribed condition to the receipts of federal funds to the state, the
conflicting part of this chapter is hereby inoperative solely to the extent of
the conflict with respect to the agencies directly affected, and such finding
or determination shall not affect the operation of the remainder of this
chapter.
Sec.
302. RCW
71.34.010 and 1985 c 354 s 1 are each amended to read as follows:
It is
the purpose of this ((legislation)) chapter to ensure that minors
in need of mental health care and treatment receive an appropriate continuum
of culturally relevant care and treatment, ((and to enable treatment decisions
to be made in response to clinical needs and in accordance with sound
professional judgment while also recognizing parents' rights to participate in
treatment decisions for their minor children, and to protect minors against
needless hospitalization and deprivations of liberty)) from prevention
and early intervention to involuntary treatment. To facilitate the continuum
of care and treatment to minors in out-of-home placements, all divisions of the
department that provide mental health services to minors shall jointly plan and
deliver those services.
It
is also the purpose of this chapter to protect the rights of minors against
needless hospitalization and deprivations of liberty and to enable treatment
decisions to be made in response to clinical needs in accordance with sound
professional judgment. The mental health care and treatment providers shall
encourage the use of voluntary services and, whenever clinically appropriate,
the providers shall offer less restrictive alternatives to inpatient treatment.
Additionally, all mental health care and treatment providers shall ensure that
minors' parents are given an opportunity to participate in the treatment
decisions for their minor children. The mental health care and treatment
providers shall, to the extent possible, offer services that involve minors'
parents or family.
NEW
SECTION. Sec. 303. A new
section is added to chapter 71.34 RCW to read as follows:
For
the purpose of encouraging the expansion of existing evaluation and treatment
facilities and the creation of new facilities, the department shall endeavor to
redirect federal Title XIX funds which are expended on out-of-state placements
to fund placements within the state.
NEW
SECTION. Sec. 304. A new
section is added to chapter 71.34 RCW to read as follows:
The
department shall ensure that the provisions of this chapter are applied by the
counties in a consistent and uniform manner. The department shall also ensure
that, to the extent possible within available funds, the county-designated
mental health professionals are specifically trained in adolescent mental
health issues, the mental health civil commitment laws, and the criteria for
civil commitment.
NEW
SECTION. Sec. 305. A new
section is added to chapter 71.34 RCW to read as follows:
Whenever
a county-designated mental health professional makes a determination under RCW
71.34.050 that a minor, thirteen years or older, does not meet the criteria for
an involuntary detention at an evaluation and treatment facility, the
county-designated mental health professional shall:
(1)
Provide written notice to the minor's parent of the parent's right to file
petitions and obtain services available under chapter 13.32A RCW;
(2)
Provide a written evaluation to the minor's parent detailing the
county-designated mental health professional's reasons for not detaining the
minor at an evaluation and treatment facility. The evaluation shall include
the specific facts investigated, the credibility of the person or persons
providing the information, and the criteria for an involuntary detention; and
(3)
Refer the minor and the parents to other available services.
NEW
SECTION. Sec. 306. A new
section is added to chapter 70.96A RCW to read as follows:
The
department shall ensure that the provisions of this chapter are applied by the
counties in a consistent and uniform manner. The department shall also ensure
that, to the extent possible within available funds, the county-designated
chemical dependency specialists are specifically trained in adolescent chemical
dependency issues, the chemical dependency commitment laws, and the criteria
for commitment.
NEW
SECTION. Sec. 307. A new
section is added to chapter 70.96A RCW to read as follows:
Whenever
a county-designated chemical dependency specialist makes a determination under
RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a
chemical dependency program, the county-designated chemical dependency
specialist shall:
(1)
Provide written notice to the minor's parent of the parent's right to file
petitions and obtain services available under chapter 13.32A RCW;
(2)
Provide a written evaluation to the minor's parent detailing the
county-designated chemical dependency specialist's reasons for not committing
the minor in a chemical dependency program. The evaluation shall include the
specific facts investigated, the credibility of the person or persons providing
the information, and the criteria for a commitment to a chemical dependency
treatment program; and
(3)
Refer the minor and the parents to other available services.
PART
IV - MISCELLANEOUS
Sec. 401. 1991 c
234 s 1 (uncodified) is amended to read as follows:
A joint
select committee on juvenile issues ((task force)) is created to
review the operation of the 1977 Juvenile Justice Act, the Family
Reconciliation Act, the 1990 "at-risk" youth legislation, and to
study related issues. The ((task force)) joint select committee
is charged with issuing a report and making recommendations to the legislature
by December 15, ((1991)) 1992.
The ((task
force)) joint select committee shall consist of the following
members:
(1) ((Three))
Two co-chairs, one from the state senate appointed by the president of
the senate((;)) and one from the state house of representatives
appointed by the speaker of the house of representatives((; and one
appointed by the governor from among the members of the task force named in
subsection (3) of this section)).
(2)
Eight legislators in addition to the two legislative cochairs selected under
subsection (1) of this section, two each from the majority and minority
caucuses of the senate and two each from the majority and minority caucuses of
the house of representatives.
(3) ((The
governor shall appoint the following members of the task force)) Advisory
committees shall be composed of the following:
(a) ((Three))
Two superior court judges;
(b) ((Two))
One prosecuting attorney((s));
(c) ((Two))
One juvenile public defender((s));
(d)
The secretary of social and health services or the secretary's designee;
(e) ((Two))
One juvenile court administrator((s));
(f)
One police chief or county sheriff;
(g) ((One
child psychologist;
(h)
One child psychiatrist;
(i))) Two
directors of ((a)) youth service organizations;
(((j)))
(h) One person from the Washington council on crime and delinquency;
(((k)))
(i) One person from a parents' organization;
(((l)
One person from a crisis residential center;
(m))) (j)
One juvenile court caseworker;
(((n)
One representative of the executive branch;
(o)
One)) (k) Two members of the mental health
treatment community; ((and
(p))) (l)
One member from the substance abuse treatment community;
(m)
One member from the education system;
(n)
One member from local government; and
(o)
One member representing the employees of state institutions.
((The
department of social and health services shall fund the task force in an amount
sufficient to meet its mission. The task force shall be staffed, to the extent
possible, by staff available from the membership of the task force.
The
governor shall ensure that the racial diversity of the task force membership
appointed by the governor reflects the racial diversity of juveniles served
under the Family Reconciliation Act, the 1977 Juvenile Justice Act, and the
1990 "at-risk" youth legislation.))
The
joint select committee shall develop a statutory community-based planning,
allocation, and service system for children and families, including at-risk
youth, runaways, and families in conflict, and submit it to the appropriate
legislative committees no later than December 1, 1992. The joint select
committee shall: (i) Identify which state agencies, programs, and services
should be included in the system; (ii) identify the various youth populations
to be served by the system; and (iii) determine how to coordinate this system
with existing community-based planning and coordination requirements,
including, but not limited to, chapter 326, Laws of 1991, and chapter 13.06 RCW.
Sec.
402. 1991 c
234 s 2 (uncodified) is amended to read as follows:
The
department of social and health services, in cooperation with the commission on
African American affairs, shall contract for an independent study of racial
disproportionality in the juvenile justice system. The study shall identify
key decision points in the juvenile justice system where race and/or
ethnicity-based disproportionality exists in the treatment and incarceration of
juvenile offenders. The study shall identify the causes of disproportionality,
and propose new policies and procedures to address disproportionality.
((The
department shall submit the study's preliminary findings and recommendations to
the juvenile justice task force established under section 1 of this act by
September 13, 1991.)) The final report shall be submitted to the
appropriate committees of the legislature by December ((1, 1991)) 15,
1992.
The
juvenile justice task force shall utilize the information on disproportionality
in developing its report and recommendations to the legislature required under
section ((1)) 401 of this act. ((If by June 30, 1991, the
omnibus operating budget appropriations act for the 1991-93 biennium does not
provide specific funding for this section, referencing this section by bill
number and section, this section is null and void.))
NEW
SECTION. Sec. 403. A new
section is added to chapter 13.40 RCW to read as follows:
The
department shall within existing funds collect such data as may be necessary to
monitor any disparity in processing or disposing of cases involving juvenile
offenders due to economic, gender, geographic, or racial factors that may
result from implementation of chapter ..., Laws of 1992 (this act). Beginning
December 1, 1993, the department shall report annually to the legislature on
economic, gender, geographic, or racial disproportionality in the rates of
arrest, detention, trial, treatment, and disposition in the state's juvenile
justice system. The report shall cover the preceding calendar year. The
annual report shall identify the causes of such disproportionality and shall
specifically point out any economic, gender, geographic, or racial disproportionality
resulting from implementation of chapter ..., Laws of 1992 (this act).
NEW
SECTION. Sec. 404. Sections
110 through 114 of this act are each added to chapter 13.16 RCW.
NEW
SECTION. Sec. 405. Part
headings as used in this act do not constitute any part of the law.
NEW
SECTION. Sec. 406. If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW
SECTION. Sec. 407. The
purpose of this act is solely to provide authority for the counties and the
department of social and health services to provide services within existing
funds and current programs and facilities unless otherwise specifically funded
by June 30, 1992, by reference to this bill and section number, in the
supplemental omnibus appropriations act for the 1992. Nothing in this act
shall be construed to require the addition of new facilities nor affect the
department of social and health services' nor county authority for the uses of
existing programs and funding.
NEW
SECTION. Sec. 408. Sections
102, 104, 106, 206, 207, 212, 214, and 304 through 307 of this act shall take
effect July 1, 1993.
