S-3269.2          _______________________________________________

 

                                 SENATE BILL 6041

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Nelson, A. Smith, Thorsness, Rasmussen, Anderson, Johnson, Madsen, Owen, Jesernig, Talmadge and Newhouse

 

Read first time 01/13/92.  Referred to Committee on Law & Justice.Changing provisions relating to juveniles.


     AN ACT Relating to recommendations of the juvenile issues task force; amending RCW 13.40.020, 13.40.027, 13.40.0357, 13.40.038, 13.40.050, 13.40.070, 13.40.080, 13.40.100, 13.40.130, 13.40.150, 13.40.200, 9.41.010, 9.41.040, 9.41.280, 13.04.011, 28A.225.020, 28A.225.030, 28A.225.090, 28A.225.150, 13.32A.130, 13.32A.140, 74.13.032, 74.13.033, 74.13.034, 74.13.035, 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 13.40 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; creating new sections; repealing RCW 13.40.010; prescribing penalties; making appropriations; and providing an effective date.

 

           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

                             PART I - JUVENILE JUSTICE

 

     NEW SECTION.  Sec. 101.    The legislature reaffirms the dual policies of the juvenile justice act of 1977 of punishment and rehabilitation.  However, the legislature finds that confusion exists about the relative priority of the purposes enumerated in section 55, chapter 291, Laws of 1977 ex. sess. and that simplification and clarification is necessary to reduce that confusion.  The legislature finds that the policies of rehabilitation; accountability; and flexibility in service delivery, sanctions, and placement options are equally important in ensuring public safety.  The purpose of section 102 of this act is to clarify that these goals are equally important.

 

     NEW SECTION.  Sec. 102.  A new section is added to chapter 13.40 RCW to read as follows:

     The purpose of this chapter is to establish a juvenile justice system that both punishes and rehabilitates juvenile offenders.  The legislature intends that juvenile offenders be held accountable for their offenses, are justly punished, but are provided necessary treatment, rehabilitation, and supervision.  Active parental and community involvement is vital to ensure swift response to youthful offenders' needs.  Flexibility in disposition, sanctions, placement, and treatment alternatives within a structured discretionary framework will enhance the system's ability to respond to individual offender's needs while ensuring proportionality and fairness.  Community safety will be achieved by implementing the following equally important purposes:

     (1) Accountability and just punishment proportional to the offense, juvenile's age, and offense history;

     (2) Treatment, rehabilitation, and supervision through flexibility in options for disposition, treatment, custody, programming, and active parental and community involvement;

     (3) Victim restitution; and

     (4) Due process protection for juvenile offenders with a clear policy to determine which types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the court, institutions, and community services.

 

     Sec. 103.  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, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; attendance at school or other educational programs appropriate for the juvenile as determined by the school district; or placement in foster care or another residential home that is not used as a pretrial, postadjudication, or postdisposition detention facility.  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, the department, or an inpatient drug and alcohol treatment facility following imposition of option D of RCW 13.40.0357; 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 the department of youth services or department of social and health services.  "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 the department of youth services or the department of social and health services 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. 104.  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)) section 102 of this act 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.

     (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. 105.  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 and D.  A disposition order for a minor/first offender may not include an order of confinement except pursuant to option D.

 

                               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.

 

                                        AND

                                     OPTION D

                        INPATIENT SUBSTANCE ABUSE TREATMENT

 

In addition to any disposition entered under option A, B, or C, following adjudication for an offense, put prior to disposition, the court may order the child to be evaluated for a substance abuse problem to determine whether inpatient or outpatient treatment for substance abuse is necessary.  If the court finds that the child suffers from a substance abuse problem the court may order the child to participate in an outpatient treatment program as a condition of community supervision. If the evaluation recommends that the child be placed in inpatient treatment for a substance abuse problem, the court may order inpatient treatment if the commitment criteria are met for involuntary commitment of minors to inpatient drug and alcohol treatment pursuant to RCW 70.96A.140. The maximum period of time the court may order the offender into inpatient treatment is ninety days as a term of the disposition order for the offense.  Placement in inpatient treatment is subject to available funds.

 

                           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.

 

                                        AND

                                     OPTION D

                        INPATIENT SUBSTANCE ABUSE TREATMENT

In addition to any disposition entered under option A, B, or C, following adjudication for an offense, but prior to disposition, the court may order the child to be evaluated for a substance abuse problem to determine whether inpatient or outpatient treatment for substance abuse is necessary.  If the court finds that the child suffers from a substance abuse problem the court may order the child to participate in an outpatient treatment program as a condition of community supervision. If the evaluation recommends that the child be placed in inpatient treatment for a substance abuse problem, the court may order inpatient treatment if the commitment criteria are met for involuntary commitment of minors to inpatient drug and alcohol treatment pursuant to RCW 70.96A.140. The maximum period of time the court may order the offender into inpatient treatment is ninety days as a term of the disposition order for the offense.  Placement in inpatient treatment is subject to available funds.

 

                           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.

 

 

                                    SCHEDULE E

                       DEADLY WEAPON DISPOSITION ENHANCEMENT

 

The following additional times shall be added to the determinate disposition under schedule D for middle and serious offenders if the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125:

     (1) 26 weeks if the offender is adjudicated for the commission of an A+, A, or A- offense;

     (2) 16 weeks if the offender is adjudicated for the commission of a B+ or B offense;

     (3) 12 weeks if the offender is adjudicated for the commission of a C+ or C offense.

 

 

     Sec. 106.  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 standards shall be developed and implemented no later than December 31, 1992.

     The juvenile court administrators may determine what level of security is necessary for a juvenile committed to a detention facility, subject to the superior court's approval of the risk assessment criteria adopted, unless a court specifies a security level in the court order regarding a particular juvenile offender.

 

     Sec. 107.  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) Upon filing an information, a community supervision modification, or termination of diversion petition as required under subsection (1)(a) of this section, the clerk of the court shall issue a summons directed to the parent, guardian, or custodian, and such other persons as appears to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed for the hearing required under subsection (1)(b) of this section.  The summons shall include 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)).  Such notice shall also be given to the juvenile ((if over twelve years of age)) held in detention.  When the custodian is summoned, the parent or guardian or both shall also be served with a summons.

     (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) The court shall consult with the parents, guardian, or custodian of the juvenile in detention 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. 108.  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.

 

     Sec. 109.  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 hours of counseling and/or up to ten 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 be responsible for providing qualified 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 treatment programs or the department's family reconciliation services.

     (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) 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)) In the event of noncompliance with a diversion agreement, the diversionary unit shall consult with the prosecuting attorney on the appropriate response.  A diversionary unit ((shall)) may also immediately refer ((the)) a case to the prosecuting attorney for action if ((such)) a juvenile violates the terms of ((the)) a 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 local treatment programs or the department's family reconciliation services.  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) 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. 110.  RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows:

     (1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.

     (2) ((If notice is by summons,)) The clerk of the court shall also issue a summons directed to ((the juvenile, if the juvenile is twelve or more years of age, and another to)) the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition.  Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

     (3) A copy of the information shall be attached to each summons.

     (4) The summons shall advise the parties of the right to counsel.

     (5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.

     (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, as now or hereafter amended, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.

     (7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.

     (8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court.

 

     Sec. 111.  RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

     (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s).  The state or the respondent may make preliminary motions up to the time of the plea.

     (2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing.  If the respondent denies guilt, an adjudicatory hearing date shall be set.

     (3) The clerk of the court shall issue a summons directed to the parents, guardian, or custodian, and such other persons as appears to the court to be proper or necessary parties to the adjudicatory and subsequent dispositional hearings, requiring them to appear personally before the court at the time fixed for the adjudicatory and/or dispositional hearing or hearings.  Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

     (4) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.

     (((4))) (5) The court shall record its findings of fact and shall enter its decision upon the record.  Such findings shall set forth the evidence relied upon by the court in reaching its decision.

     (((5))) (6) If the respondent is found not guilty he or she shall be released from detention.

     (((6))) (7) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing.  Notice of the time and place of the continued hearing may be given in open court.  If notice is not given in open court to a party, the party shall be notified by mail of the time and place of the continued hearing.

     (((7))) (8) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.

     (((8))) (9) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

     (((9))) (10) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.

 

     Sec. 112.  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.

 

     Sec. 113.  RCW 13.40.200 and 1986 c 288 s 5 are each amended to read as follows:

     (1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.

     (2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer.  The court may issue a summons or a warrant to compel the respondent's appearance.  The state shall have the burden of proving by a preponderance of the evidence the fact of the violation.  The respondent shall have the burden of showing that the violation was not a wilful refusal to comply with the terms of the order.  If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community service.

     (3) (a) If the court finds that a respondent has wilfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement.  Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement.  Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

     (b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.

     (4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service.  The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour.  The monetary penalties or fines collected shall be deposited in the county general fund.  A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.

     (5) Nothing in this section prohibits filing of escape charges if the juvenile escapes from confinement except that no escape charges may be filed if the juvenile leaves an inpatient treatment facility without permission in violation of a court order pursuant to option D of RCW 13.40.0357.  Failure to comply with an order pursuant to option D of RCW 13.40.0357 shall be a basis for modification under this section.

 

     NEW SECTION.  Sec. 114.  A new section is added to chapter 13.40 RCW to read as follows:

     The department shall develop a plan to reduce its reliance on large institutional facilities for juvenile offenders committed to the department.  The department's plan shall include the following:

     (1) An implementation plan and schedule for the timely siting and development of smaller secure and semisecure facilities located in areas of the state close to the home communities of the juveniles committed to the department to ensure the most effective rehabilitation efforts;

     (2) A recommendation whether the facilities should be state-operated facilities or operated pursuant to contract with the counties or private vendors, or a combination of both;

     (3) A cost analysis of the construction and renovation, if any, and operation of the facilities;

     (4) A specific risk assessment tool for determining which offenders may be placed in various security levels that will ensure that violent offenders are held in secure settings and nonviolent offenders are held in lower security facilities;

     (5)  A specific plan to ensure communities that offenders from their own communities will be housed in the community-based facilities; and

     (6) A recommendation regarding the capital and operating plan for existing institutions impacted by implementation of the plan.

     The department shall obtain input and recommendations from the counties, vendors, and other interested parties regarding development of the plan.

     The department shall submit the plan no later than September 1, 1992, to the house of representatives judiciary committee, the senate law and justice committee, and the fiscal committees of the house of representatives and the senate.  The department shall also incorporate the plan into the department's budget proposal for fiscal year 1993-95.

 

     NEW SECTION.  Sec. 115.  A new section is added to chapter 13.40 RCW to read as follows:

     The office of the administrator for the courts, in cooperation with the department, shall educate the judiciary, juvenile court administrators, and other affected entities within the juvenile offender system about resources, services, and programs available in the community and department for the placement and rehabilitation of juvenile offenders.

 

     Sec. 116.  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. 117.  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. 118.  RCW 9.41.280 and 1989 c 219 s 1 are each amended to read as follows:

     (1) It is unlawful for an elementary or secondary school student under the age of twenty-one knowingly to carry onto public or private elementary or secondary school premises:

     (a) Any firearm; or

     (b) Any dangerous weapon as defined in RCW 9.41.250; or

     (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or

     (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

     (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

     (2) Any such student violating subsection (1) (b) through (e) of this section is guilty of a gross misdemeanor.  Any student violating subsection (1)(a) of this section is guilty of a class C felony.

     Any violation of subsection (1) of this section constitutes grounds for expulsion.

     (3) Subsection (1) of this section does not apply to:

     (a) Any student of a private military academy; or

     (b) Any student engaged in military activities, sponsored by the federal or state governments while engaged in official duties; or

     (c) Any student who is attending a convention or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; or

     (d) Any student who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes conducted on the school premises; or

     (e) Any student while the student is participating in a firearms or air gun competition approved by the school or school district.

 

     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.    RCW 13.40.010 and 1977 ex.s. c 291 s 55 are each repealed.

 

                            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 that the juvenile has failed to attend school without valid justification ((recurrently or for an extended period of time)) after one unexcused absence;

     (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; 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:  (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.  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.

 

     NEW SECTION.  Sec. 208.    To the extent possible, 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. 

     The department shall prepare a budget request for the 1993-95 biennium that ensures all children inappropriately housed in crisis residential centers are transferred to appropriate residential and treatment services.  The budget request shall be included in the governor's proposed expenditure plan for the 1993-95 biennium.

 

     NEW SECTION.  Sec. 209.  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. 210.  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.

 

     NEW SECTION.  Sec. 211.    The juvenile issues task force established by chapter 234, Laws of 1991, 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 task force shall: (1) Identify which state agencies, programs, and services should be included in the system; (2) identify the various youth populations to be served by the system; and (3) 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. 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, not less than ((eight regional)) thirty-eight 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 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))) (2) 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))) (3) 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))) (4) 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.

 

     Sec. 215.  RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:

     Crisis residential centers shall compile yearly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year.  Such information shall include but shall not be limited to the following:

     (1) The number, age, and sex of children admitted to custody;

     (2) Who brought the children to the center;

     (3) Services provided to children admitted to the center;

     (4) The circumstances which necessitated the children being brought to the center;

     (5) The ultimate disposition of cases;

     (6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;

     (7) Length of stay.

The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.

     ((A center may, in addition to being licensed as such, also be licensed as a family foster home or group care facility and may house on the premises juveniles assigned for foster or group care.))

 

     NEW SECTION.  Sec. 216.    Sections 206, 207, 212, 214, and 215 of this act shall take effect July 1, 1993.

 

                  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 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 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 written notice to the minor's parent of the parent's right to file a petition, as provided in section 306 of this act, to seek a review of the decision not to detain the minor at an evaluation and treatment facility;

     (3) 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

     (4) Refer the minor and the parents to other available services.

 

     NEW SECTION.  Sec. 306.  A new section is added to chapter 71.34 RCW to read as follows:

     (1) Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years of age or older, does not meet the criteria for an involuntary admission at an evaluation and treatment facility, the minor's parent may file a petition in the superior court seeking a review of the county-designated mental health professional's decision not to detain the minor.

     (2) The following documents shall be filed with the petition:

     (a) An affidavit of the parent which states the reasons why the parent disagrees with the evaluation conducted by the county-designated mental health professional and includes the specific facts alleged which indicate the need for the minor's detention;

     (b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's detention at an evaluation and treatment facility; and

     (c) The county-designated mental health professional's written evaluation provided under section 305(3) of this act.

     (3) If after reviewing the petition, affidavits, and supporting documentation, the court finds probable cause that the minor, as a result of a mental disorder, presents a likelihood of serious harm or is gravely disabled, the court shall issue a warrant for the detention of the minor at an evaluation and treatment facility.  The warrant shall be served with a statement of the minor's rights as delineated in RCW 71.34.050(3), which includes the immediate right to an attorney.

     (4) All other provisions contained in this chapter relating to the detention, evaluation, and treatment shall apply.

 

     NEW SECTION.  Sec. 307.  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 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. 308.  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 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 written notice to the minor's parent of the parent's right to file a petition, as provided in section 309 of this act, to seek a review of the decision not to commit the minor to a chemical dependency program;

     (3) 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

     (4) Refer the minor and the parents to other available services.

 

     NEW SECTION.  Sec. 309.  A new section is added to chapter 70.96A RCW to read as follows:

     (1) 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 treatment program, the minor's parent may file a petition in the superior court seeking a review of the county-designated chemical dependency specialist's decision not to commit the minor.

     (2) The following documents shall be filed with the petition:

     (a) An affidavit of the parent which states the reasons why the parent disagrees with the evaluation conducted by the county-designated chemical dependency specialist and includes the specific facts alleged that indicate the need for the minor's commitment;

     (b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's commitment in a chemical dependency treatment program; and

     (c) The county-designated chemical dependency specialist's written evaluation provided under section 308(3) of this act.

     (3) If after reviewing the petition, affidavits, and supporting documentation, the court finds probable cause that the minor meets the criteria for commitment as set forth in RCW 70.96A.140(1), the court shall fix a date for a hearing as provided in RCW 70.96A.140(2).  The petition and order for a hearing shall be served as provided in RCW 70.96A.140(2).

     (4) All other provisions contained in this chapter relating to the hearing and commitment shall apply.

 

     NEW SECTION.  Sec. 310.    The department of social and health services shall conduct an assessment of the children in its care to determine the appropriate level of residential and treatment services required by these children.  The assessment shall be based on a statistically valid sample of all children in the department's care.  The study shall also estimate the treatment needs of youth who have been evaluated for a mental disorder but were not involuntarily detained pursuant to chapter 71.34 RCW.

     In making the assessment the department shall utilize all existing studies to the extent possible.  The department shall report the results of the assessment to the appropriate standing committees of the legislature by September 15, 1993.  The department shall use the assessment results for designing future programs, treatment models, and for determining the reallocation of funds within the department.  The department shall submit recommendations to the appropriate standing committees of the legislature on the necessary reallocation of funds, as indicated by the assessment results, by December 1, 1993.

 

     NEW SECTION.  Sec. 311.    The sum of four million five hundred thirty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of contracting for twenty beds for the inpatient treatment of minors who are involuntarily committed to chemical dependency treatment under the provisions of chapter 70.96A RCW.  The department shall contract for beds that are geographically distributed across the state and shall determine the ratio between staff-secure beds and facility-secure beds.

     Five percent of the allocated funds shall be used to evaluate the effectiveness of the involuntary chemical dependency treatment programs.  The evaluation shall include, but is not limited to, the following considerations:

     (1) The rate of abstinence after six months for minors completing the program, indicating the separate rates for dependencies on alcohol, drugs, or the combination of both alcohol and drugs;

     (2) The comparative rate of abstinence after six months for minors who undergo voluntary outpatient, voluntary inpatient, involuntary outpatient, and involuntary inpatient chemical dependency treatment programs, indicating the separate rates for dependencies on alcohol, drugs, or the combination of both alcohol and drugs; and

     (3) The average cost per person for the various treatments and programs listed in subsection (2) of this section.

 

     NEW SECTION.  Sec. 312.    The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of social and health services for the purposes of developing and conducting a state-wide technical assistance and training program for chemical dependency treatment providers who contract with the department to provide adolescent services under chapter 70.96A RCW.  The goal of the program shall be to assist the providers in increasing their ability to retain adolescent clients and to enhance the adolescents' participation in the treatment programs.

 

                              PART IV - MISCELLANEOUS

 

     Sec. 401.  1991 c 234 s 1 (uncodified) is amended to read as follows:

     A 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 is charged with issuing a report and making recommendations to the legislature by December 15, ((1991)) 1992.

     The task force shall consist of the following members:

     (1) Three co-chairs, one from the state senate appointed by the president of the senate; 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:

     (a) ((Three)) One superior court judge((s));

     (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)) One director((s)) of a youth organization;

     (((j))) (h) One person from the Washington council on crime and delinquency;

     (((k))) (i) One person from a parents' organization;

     (((l))) (j) One person from a crisis residential center;

     (((m))) (k) One juvenile court caseworker;

     (((n) One representative of the executive branch;

     (o) One)) (l) Two members of the mental health treatment community; ((and

     (p))) (m) One member from the substance abuse treatment community;

     (n) One member from the education system; and

     (o) One member from local government.

     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.

 

     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.    Part headings as used in this act do not constitute any part of the law.