2907-S

AN ACT Relating to violence prevention; amending RCW 43.20A.090, 13.50.010, 72.09.300, 13.06.050, 13.40.020, 13.40.070, 13.40.080, 13.40.0357, 13.40.160, 13.40.180, 13.40.190, 13.40.200, 13.40.210, 13.40.230, 9.41.080, 9A.56.040, 9A.56.160, 9A.36.045, 13.32A.050, 13.32A.060, 13.32A.080, 13.32A.130, 13.04.030, 26.12.010, 13.04.021, 13.40.020, 13.40.025, 13.40.027, 13.40.030, 13.40.150, 13.40.160, 13.40.180, 13.40.205, 13.40.210, and 13.40.230; amending 1993 c 415 s 8 (uncodified); reenacting and amending RCW 9.41.040; adding new sections to chapter 13.40 RCW; adding new sections to chapter 9.41 RCW; adding a new section to chapter 9A.56 RCW; adding a new section to chapter 9.91 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 74.13 RCW; adding a new section to chapter 43.101 RCW; creating new sections; repealing RCW 13.40.0354, 13.40.0357, and 13.40.---; prescribing penalties; providing an expiration date; and providing effective dates.

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

TABLE OF CONTENTS

PART I - JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994.. 2

SUBPART A: ADMINISTRATION.................................... 2

SUBPART B: STUDIES CONCERNING JUVENILE JUSTICE............... 10

SUBPART C: JUVENILE DISPOSITION STANDARDS.................... 12

SUBPART D: JUVENILE OFFENDER BASIC TRAINING CAMP PROGRAM..... 51

SUBPART E: CRIMES AND CLASSIFICATIONS........................ 54

SUBPART F: CURFEWS AND RUNAWAYS.............................. 61

SUBPART G: FAMILY AND JUVENILE COURT JURISDICTION............ 66

PART II - JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1995. 69

PART III - TECHNICAL PROVISIONS............................... 97

PART I - JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1994

SUBPART A: ADMINISTRATION

NEW SECTION. Sec. 101. The legislature finds that the incidence of juvenile crime has escalated at an alarming rate, and that the state's juvenile rehabilitation system needs major adjustments in order to respond.

The current system lacks adequate bed space, adequate population forecasting, an effective sentencing scheme, an appropriate inmate classification system, and sufficient judicial discretion in sentencing young offenders.

These defects have often resulted in sentences that are driven by fiscal policy, and not by rehabilitative or punitive principles; and

Washington must develop a juvenile offender rehabilitation system that truly emphasizes public safety, offender responsibility, and offender rehabilitation.

Sec. 102. RCW 43.20A.090 and 1970 ex.s. c 18 s 7 are each amended to read as follows:

The secretary shall appoint a deputy secretary, a department personnel director and such assistant secretaries as shall be needed to administer the department. The deputy secretary shall have charge and general supervision of the department in the absence or disability of the secretary, and in case of a vacancy in the office of secretary, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting secretary. The secretary shall appoint an assistant secretary to administer the juvenile rehabilitation responsibilities required of the department by chapters 13.04, 13.40, and 13.50 RCW. The officers appointed under this section, and exempt from the provisions of the state civil service law by the terms of RCW 41.06.076, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

NEW SECTION. Sec. 103. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall manage and administer the department's juvenile rehabilitation responsibilities, including but not limited to the operation of all state institutions or facilities used for juvenile rehabilitation.

The assistant secretary shall:

(1) Prepare a biennial budget request sufficient to meet the confinement and rehabilitative needs of the juvenile rehabilitation program, as forecast by the office of financial management;

(2) Create by rule a formal system for inmate classification. This classification system shall consider:

(a) Public safety;

(b) Internal security and staff safety; and

(3) Develop a plan to implement, by July 1, 1995:

(a) Substance abuse treatment programs for all state juvenile rehabilitation facilities and institutions;

(b) Vocational education and instruction programs at all state juvenile rehabilitation facilities and institutions;

(d) Rules establishing effective disciplinary policies to maintain order within institutions; and

(e) A comprehensive diagnostic evaluation process to be used at intake, including but not limited to evaluation for substance addiction or abuse, literacy, learning disabilities, fetal alcohol syndrome or effect, and mental health.

NEW SECTION. Sec. 104. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall review the vocational education curriculum, facilities, and teaching personnel in all juvenile residential programs and report to the legislature by December 12, 1994. The report shall include an assessment of the number and types of vocational programs currently available, and the status of buildings, teaching personnel, and equipment currently used for vocational training. The report shall also contain an action plan for implementing, by July 1, 1995, a state-wide uniform prevocational and vocational education program, including but not limited to, a projection of the need for the programs for both female and male juvenile offenders, the number of students that could benefit from the programs, projected vocational trade needs, physical plant modifications or building needs, equipment needs, teaching personnel needs, and estimated costs. In addition, the report shall identify how the department can develop vocational programs jointly with trade associations, trade unions, and other state, local, and federal agencies. The department shall also identify businesses and industries potentially interested in working with the program.

NEW SECTION. Sec. 105. A new section is added to chapter 13.40 RCW to read as follows:

The assistant secretary shall issue arrest warrants for juveniles who escape from department residential custody. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.

Sec. 106. RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:

(1) For purposes of this chapter:

(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools, juvenile justice advisory committees of county law and justice councils; and, in addition, persons or public or private agencies having children committed to their custody;

(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

(c) "Social file" means the juvenile court file containing the records and reports of the ((~~probation~~)) community supervision counselor;

(d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.

(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:

(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

(b) An agency shall take reasonable steps to insure the security of its records and prevent tampering with them; and

(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.

(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes, including juvenile justice advisory committees of county law and justice councils. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

(9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025 upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

Sec. 107. RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:

(1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council. The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, juvenile, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections. Officials designated may appoint representatives.

(2) A combination of counties may establish a local law and justice council by intergovernmental agreement. The agreement shall comply with the requirements of this section.

(3) The local law and justice council shall develop a local law and justice plan for the county. The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority. The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness. The plan shall also include a section on jail management. This section may include the following elements:

(a) A description of current jail conditions, including whether the jail is overcrowded;

(b) A description of potential alternatives to incarceration;

(d) A description of the jail population as it presently exists and how it is projected to change in the future;

(e) A description of projected future resource requirements;

(f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

(g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

(h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

(i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

(4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

(5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

(6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

(7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department. The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments. The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators. The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

(8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide. The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

(9) The council shall establish an advisory committee on juvenile justice proportionality. The council shall appoint the county juvenile court administrator and at least five citizens as advisory committee members. The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity. The advisory committee members shall serve two-year terms and may be reappointed. The duties of the advisory committee include:

(a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:

(i) The rehabilitative goals required by juvenile offender dispositions;

(ii) The rehabilitative services offered by county and state institutions to juvenile offenders; and

(iii) The rehabilitative services offered in conjunction with diversions, deferred sentences, community supervision, and parole;

(b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

(c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.

Sec. 108. RCW 13.06.050 and 1993 c 415 s 7 are each amended to read as follows:

No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.

(1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, and existing programs((, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services)).

(2) The department may not place caps on commitments to the department or otherwise limit a county's ability to commit juvenile offenders to the department. The department's disbursal of funds under this chapter may not be conditioned on the number of juveniles committed to the department.

(3) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.

((~~(3)~~)) (4) The secretary, in conjunction with the human rights commission, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1, 1994, and December 1 of each year thereafter.

SUBPART B: STUDIES CONCERNING JUVENILE JUSTICE

NEW SECTION. Sec. 201. The legislature finds that:

Local jurisdictions have difficulty administering and enforcing the laws related to juvenile offenders;

These difficulties include the local jurisdictions' abilities to arrest, adjudicate, confine, administer, and supervise juvenile offenders;

These difficulties have resulted in significant delays in the administration of justice to juvenile offenders;

These difficulties may be due to a number of factors, including, but not necessarily limited to, resource limitations within the various units of government charged with the responsibility for administering and enforcing laws related to juvenile offenders.

Therefore, effective July 1, 1994, a special legislative committee is created to assess the ability and needs of local jurisdictions to address adequately the administration of justice to juvenile offenders. Specifically, this committee shall review the implementation and administration of:

(1) Chapter 13.04 RCW, the basic juvenile court act;

(2) Chapter 13.06 RCW, consolidated juvenile services funding;

(3) Chapter 13.16 RCW, places of detention;

(4) Chapter 13.20 RCW, county detention facilities; and

(5) Chapter 13.40 RCW, the juvenile justice act of 1977.

The committee established under this section shall consist of the members of the law and justice committee of the senate and the corrections committee of the house of representatives. This committee shall meet and conduct hearings as often as is necessary to carry out its responsibilities under this section.

The special committee shall receive access to all relevant information necessary to monitor the conduct of agencies or employees. All confidential information received by the special committee under this section shall be kept confidential by members of the committee and shall not be further disseminated unless specifically authorized by state or federal law.

The special committee shall report its findings and make recommendations regarding the issues and chapters cited in this section in a report submitted to the legislature before the 1996 regular session of the legislature.

The special committee, unless recreated by the legislature, shall cease to exist after submitting the report required under this section.

NEW SECTION. Sec. 202. The office of the administrator for the courts shall convene a work group to recommend to the legislature standards to guide the court's discretion at significant stages of the juvenile justice process. The work group shall consist of two juvenile court judges, two juvenile court administrators, two prosecuting attorneys or deputy prosecuting attorneys actively practicing in juvenile court, and two defense attorneys actively practicing in juvenile court. The work group shall, by September 1, 1994, recommend to the legislature standards to guide:

(1) The decision to defer adjudication;

(2) The decision to suspend a sentence;

(3) The setting of rehabilitative goals in a disposition order that includes commitment to the department of social and health services;

(4) The determination that a juvenile has or has not met the rehabilitative goals during the term of commitment to the department of social and health services; and

(5) The decision to set a date for a juvenile's release from the department of social and health services' custody.

SUBPART C: JUVENILE DISPOSITION STANDARDS

Sec. 301. RCW 13.40.020 and 1993 c 373 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. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

(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;

(5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the ((~~probation~~)) community supervision officer as directed and to remain under the ((~~probation~~)) community supervision officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

(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 detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. "Confinement" includes state and county group homes, foster care homes, inpatient substance abuse programs, juvenile boot camps, and electronic monitoring. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or 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 and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(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. Deferred adjudications shall not be considered part of the respondent's criminal history;

(10) "Department" means the department of social and health services;

(11) "Detention facility" means a county 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;

(12) "Diversion unit" means any ((~~probation~~)) community supervision counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other 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 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(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 pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

(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;

(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;

(17) "Middle offender" means a person who has committed an offense and who is neither a minor ((~~or first~~)) offender nor a serious offender;

(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;

(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;

(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;

(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(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;

(22) "Secretary" means the secretary of the department of social and health services;

(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;

(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(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;

(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;

(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;

(28) "Deadly weapon" means a deadly weapon as defined in RCW 9.94A.125;

(29) "Assistant secretary" means the assistant secretary for juvenile rehabilitation within the department;

(30) "Violent offense" means a violent offense as defined in RCW 9.94A.030;

(31) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care or with a court-approved custodian. Placement out of the home in county or state-funded placements is subject to available funds and beds.

Sec. 302. RCW 13.40.070 and 1992 c 205 s 107 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, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(e), 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~~)) any felony, 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

(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

(e) An alleged offender has three or more diversion((s)) contracts on the alleged offender's criminal history; or

(f) A special allegation has been filed that the offender or an accomplice was armed with a deadly weapon when the offense was committed.

(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~~)) offense is the offender's first offense or violation. 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~~)) community supervision 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~~)) community supervision counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.

Sec. 303. RCW 13.40.080 and 1992 c 205 s 108 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. The juvenile's custodial parent or parents or guardian shall be parties to the diversion agreement. Such agreements may be entered into only after the prosecutor, or ((~~probation~~)) community supervision 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 one or more of the following:

(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 ten hours of counseling and/or up to 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 ten hours of counseling and/or up to twenty hours of educational or informational sessions; ((~~and~~))

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed; and

(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

(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 the juvenile's custodial parent or parents or guardian and 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 and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(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;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(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. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile 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(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for 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.

(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.

(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.

(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.

NEW SECTION. Sec. 304. A new section is added to chapter 13.40 RCW to read as follows:

(1) At any time before adjudication, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt. The court may continue the case for an additional one-year period for good cause.

(2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate. Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

(3) Upon full compliance with such conditions of supervision, the court shall dismiss the case with prejudice.

(4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition. The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor. The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision. (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:

(a) To a speedy trial and disposition;

(b) To call and confront witnesses; and

(6)(a) In addition to imposing conditions of community supervision, the court may order that the juvenile be placed in a placement out of the home if the court finds that the child is in need of supervision and that placement of the child out of the home is in the child's best interests. The court shall consider the following factors, among others, when determining whether to place the child out of the home:

(i) The age of the youth;

(ii) Whether the child has a history of running away from home, school absences, drug or alcohol abuse, assaultive behavior, curfew violations, or is beyond the control of his or her parent to the extent that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person;

(iii) The community supervision officer's report concerning the family environment;

(iv) Assessment of the child's chances of successfully complying with the terms of community supervision if the child remains in the home; and

(v) The wishes of the parents, the parent's willingness and ability to assist the child in complying with the terms of community supervision, and the parent's willingness and ability to voluntarily attend counseling or parenting seminars, or to seek treatment if the parent, in the court's determination, has drug or alcohol problems, mental health problems, or anger management problems.

(b) If the court finds that placement out of the home is necessary and is in the best interests of the juvenile and community and that reasonable efforts have been made to prevent out-of-home placement, the court shall order an out-of-home placement, subject to available funds and beds. The order shall be directed to the receiving agency or person. In determining the location of the out-of-home placement the court shall consider the needs of the juvenile, the juvenile's family, and the community. The court shall first consider placement with a relative and shall accord great weight to the juvenile's community supervision officer's placement recommendation.

(c) A placement out of the home shall not exceed one year. The court shall review the placement every ninety days. The juvenile's community supervision officer shall request from the receiving agency or person information on the placement, and the community supervision officer shall include this information and other relevant information in a report to be presented to the court at the placement review. The review shall be conducted administratively.

(d) The court shall enter findings articulating the basis for the placement and the basis for selecting the particular placement.

(e) If the receiving agency or person determines that the juvenile is inappropriately placed, the agency or person may file with the court a petition for reconsideration.

(f) Nothing in this section authorizes a juvenile court judge to place a juvenile in a state-funded out of home placement unless the department agrees to the placement.

(7) This section shall not apply if the juvenile is charged with a violent or sex offense or if the juvenile has had a prior deferred adjudication.

NEW SECTION. Sec. 305. State funds appropriated for the purposes of section 304 of this act in the 1994 supplemental operating budget do not constitute an on-going funding commitment of the state.

Sec. 306. 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)) C ((~~Use~~)) Possession of Firearms

by Minor ((~~(<14)~~)) (<18)

((~~(9.41.240)~~)) (9.41.040(1)(e)) ((E)) C

D+ Possession of Dangerous Weapon

(9.41.250) E

D Intimidating Another Person by use

of Weapon (9.41.270) E

C Delivery of Firearm by Minor

(9.41.080) C

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~~)) minor offenders. After the determination is made that a youth is a ((~~minor/first~~)) minor offender, the court has the discretion to select sentencing option A, B, or C.

((~~MINOR/FIRST~~)) MINOR OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service

Points Supervision Hours Fine

1-9 0-3 months and/or 0-8 and/or 0-$10

10-19 0-3 months and/or 0-8 and/or 0-$10

20-29 0-3 months and/or 0-16 and/or 0-$10

30-39 0-3 months and/or 8-24 and/or 0-$25

40-49 3-6 months and/or 16-32 and/or 0-$25

50-59 3-6 months and/or 24-40 and/or 0-$25

60-69 6-9 months and/or 32-48 and/or 0-$50

70-79 6-9 months and/or 40-56 and/or 0-$50

80-89 9-12 months and/or 48-64 and/or 10‑$100

90-109 9-12 months and/or 56-72 and/or 10-$100

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.

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), as now or hereafter amended,~~)) 13.40.030(2) shall be used to determine the range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2

This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.

MIDDLE OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service Confinement

Points Supervision Hours F ine Days Weeks

1-9 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

10-19 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

20-29 0-3 months and/or 0-16 a nd/or 0-$10 and/or 0

30-39 0-3 months and/or 8-24 a nd/or 0-$25 and/or 2‑4

40-49 3-6 months and/or 16-32 a nd/or 0-$25 and/or 2‑4

50-59 3-6 months and/or 24-40 a nd/or 0-$25 and/or 5‑10

60-69 6-9 months and/or 32-48 a nd/or 0-$50 and/or 5‑10

70-79 6-9 months and/or 40-56 a nd/or 0-$50 and/or 10‑20

80-89 9-12 months and/or 48-64 a nd/or 0-$100 and/or 10‑20

90-109 9-12 months and/or 56-72 a nd/or 0-$100 and/or 15‑30

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

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

If the middle offender has less than 110 points, 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~~)). If the middle offender has more than 110 points, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision. If the offender fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition. If the court imposes confinement under this option B, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.

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), as now or hereafter amended,~~)) 13.40.030(2) shall be used to determine the range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-3

This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.

SERIOUS OFFENDER

OPTION A

STANDARD RANGE

Points Institution Time

0-129 8-12 weeks

130-149 13-16 weeks

150-199 21-28 weeks

200-249 30-40 weeks

250-299 52-65 weeks

300-374 80-100 weeks

375+ 103-129 weeks

All A+

Offenses 180-224 weeks

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), as now or hereafter amended,~~)) 13.40.030(2) shall be used to determine the range.

Sec. 307. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

A disposition outside the standard range shall be determinate 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 thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((~~, as now or hereafter amended,~~)) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230((~~, as now or hereafter amended,~~)) by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 ((~~as now or hereafter amended~~)).

(2) Where the respondent is found to be a minor ((~~or first~~)) offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsection (5) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((~~, as now or hereafter amended,~~)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230((~~, as now or hereafter amended,~~)) by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 ((~~as now or hereafter amended~~)).

(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) ((~~as now or hereafter amended~~)).

(4) If a respondent is found to be a middle offender:

(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section((~~: PROVIDED, That~~)). If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department ((~~for the standard range of confinement~~)); or

(b) The court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 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~~)).

(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2)((~~, as now or hereafter amended,~~)) shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230((~~, as now or hereafter amended,~~)) by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 ((~~as now or hereafter amended~~)).

(5) When a serious, middle, or minor ((~~first~~)) offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

The report of the examination shall include at a minimum the following: The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the evaluator's information.

The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

(a)(i) Frequency and type of contact between the offender and therapist;

(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(iv) Anticipated length of treatment; and

(v) Recommended crime-related prohibitions.

The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment. The evaluator shall be selected by the party making the motion. The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section. If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for ((~~up to~~)) not less than two years. As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

(b)(i) Devote time to a specific education, employment, or occupation;

(ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the ((~~probation~~)) community supervision counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or ((~~probation~~)) community supervision counselor object to the change;

(iii) Remain within prescribed geographical boundaries and notify the court or the ((~~probation~~)) community supervision counselor prior to any change in the offender's address, educational program, or employment;

(iv) Report to the prosecutor and the ((~~probation~~)) community supervision counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

(v) Report as directed to the court and a ((~~probation~~)) community supervision counselor;

(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties. The reports shall reference the treatment plan and include at a minimum the following: Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the ((~~sentence~~)) disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition, in which case the term of confinement imposed for violating conditions of the disposition shall run consecutively to the term of confinement imposed under the disposition. The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged. "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

(6) Section 309 of this act shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e), delivery of a firearm in violation of RCW 9.41.080, theft of a firearm as defined in section 505 of this act, or any crime in which a special finding is entered that the juvenile was armed with a deadly weapon as provided in section 308 of this act.

(7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

((~~(7)~~)) (8) Except as provided for in subsection (5) of this section, section 304 of this act, and RCW 13.40.0357, the court shall not suspend or defer the imposition or the execution of the disposition.

((~~(8)~~)) (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

(10) If a court does not exercise a disposition option available under this chapter due to a lack of available funds, services, or bed space, the court shall enter a finding in the disposition that an alternative disposition was not ordered due to the lack of available funds, services, or bed space.

NEW SECTION. Sec. 308. A new section is added to chapter 13.40 RCW to read as follows:

A prosecutor may file a special allegation that the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125 when the offender committed the alleged offense. If a special allegation has been filed and the court finds that the offender committed the alleged offense, the court shall also make a finding whether the offender or an accomplice was armed with a deadly weapon when the offender committed the offense.

NEW SECTION. Sec. 309. A new section is added to chapter 13.40 RCW to read as follows:

(1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall commit the offender to the department for a minimum of sixty days confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than sixty days, the court shall commit the offender to the standard range disposition. The department shall not release the offender until the offender has served a minimum of sixty days in confinement.

(2) If a respondent is found to have delivered a firearm in violation of RCW 9.41.080, the court shall commit the offender to the department for a minimum term of one hundred twenty days of confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than one hundred twenty days, the court shall commit the offender to the standard range disposition. The department shall not release the offender until the offender has served a minimum of one hundred twenty days in confinement.

(3) If a respondent is found to have committed an offense of theft of a firearm as defined in section 505 of this act, the court shall commit the offender to the department for a minimum of one hundred twenty days confinement. If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than one hundred twenty days, the court shall commit the offender to the standard range disposition. The department shall not release the offender until the offender has served a minimum of one hundred twenty days in confinement.

(4) If the court finds that the respondent or an accomplice was armed with a deadly weapon as provided in section 308 of this act, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. Three hundred sixty-five days of confinement shall be added to the entire standard range disposition if the offender or an accomplice was armed with a deadly weapon when the offender committed: (a) Any serious violent offense; (b) any violent offense including violent sex offenses and violent drug offenses; or (c) escape in the first degree (RCW 9A.76.110); burglary in the second degree (RCW 9A.52.030); theft of livestock in the first or second degree (RCW 9A.56.080); or any felony drug offense. If the offender or an accomplice was armed with a deadly weapon and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, three hundred sixty-five days shall be added to the entire standard range disposition of confinement. The three hundred sixty-five days shall be imposed regardless of the offense's juvenile disposition offense category as designated in RCW 13.40.0357. The department shall not release the offender until the offender has served a minimum of three hundred sixty-five days in confinement.

(5) Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section. When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition. When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range. When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

(6) Any term of confinement ordered pursuant to this section shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

Sec. 310. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively((~~, subject to the following limitations:~~

(1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

~~(2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and~~

(3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community service)) or concurrently in the court's discretion.

(2) Any term of confinement ordered pursuant to section 309 of this act shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

Sec. 311. RCW 13.40.190 and 1987 c 281 s 5 are each amended to read as follows:

(1) In its dispositional order, the court shall require the respondent and may require his or her parents, guardians, or custodians to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent. In addition, restitution may be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted. The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter. The court may determine the amount, terms, and conditions of the restitution. Restitution may include the costs of counseling reasonably related to the offense. If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution. The court may not require the respondent or parent, guardian, or custodian to pay full or partial restitution if the respondent or parent, guardian, or custodian reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution. In cases where an offender has been committed to the department for a period of confinement exceeding fifteen weeks, restitution may be waived.

(2) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

(3) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.

Sec. 312. 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 or other conditions of community supervision the court considers appropriate. 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.

Sec. 313. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

(1) The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, ((~~as now or hereafter amended,~~)) set a release or discharge date for each juvenile committed to its custody ((~~which~~)). The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in section 402 of this act concerning offenders the department determines are eligible for the juvenile offender basic training camp program. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed. The secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((~~: PROVIDED, That~~)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(2) The secretary shall monitor the average daily population of the state's juvenile residential facilities. When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor. On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity. The secretary shall release those offenders who have served the greatest proportion of their sentence. However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society. The department shall notify the committing court of the release at the ((~~end of each calendar year~~)) time of release if any such early releases have occurred ((~~during that year~~)) as a result of excessive in-residence population. In no event shall ((~~a serious~~)) an offender((~~, as defined in RCW 13.40.020(1)~~)) adjudicated of a violent offense be granted release under the provisions of this subsection.

(3) Following the juvenile's release pursuant to subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months. A parole program is mandatory for offenders released under subsection (2) of this section. The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal may require the juvenile to: (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address; and (e) refrain from committing new offenses. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

(4) The department may also modify parole for violation thereof. If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public: (a) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (e) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

(5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest such person.

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

Sec. 314. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:

(1) Dispositions reviewed pursuant to RCW 13.40.160((~~, as now or hereafter amended,~~)) shall be reviewed in the appropriate division of the court of appeals.

An appeal under this section shall be heard solely upon the record that was before the disposition court. No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument. The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.

(2) To uphold a disposition outside the standard range, or which imposes confinement for a minor ((~~or first~~)) offender, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range, or nonconfinement for a minor ((~~or first~~)) offender, would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.

(3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter.

(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.

(5) Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer. The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6). Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.

(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.

NEW SECTION. Sec. 315. A new section is added to chapter 13.40 RCW to read as follows:

To reduce the likelihood that implementation of this chapter will differentially and unjustifiably affect the outcomes of cases involving youth of color accused of crimes, all youth prosecuted for offenses under this chapter must be charged and prosecuted in accordance with the prosecutorial guidelines developed in accordance with section 8, chapter 415, Laws of 1993 as amended by section 316, chapter . . ., Laws of 1994 (section 316 of this act).

Sec. 316. 1993 c 415 s 8 (uncodified) is amended to read as follows:

The administrator for the courts shall convene a working group to develop standards and guidelines for the prosecution of juvenile offenders under Title 13 RCW, review any racial disproportionality in diversion, and review the use of detention facilities in a way to reduce racial disproportionality. The administrator shall appoint:

(1) One defense attorney familiar with juvenile justice, and three prosecuting attorneys familiar with juvenile justice;

(2) One superior court judge;

(3) One court commissioner;

(4) One juvenile court administrator;

(5) One representative of the juvenile disposition standards board;

(6) One representative of the department of social and health services;

(7) One social researcher with expertise in juvenile or criminal justice;

(8) Two representatives of child advocacy groups recommended by the governor; and

(9) Two persons recommended jointly by the Washington state minority commissions.

Prosecutorial guidelines for charging youth under chapter 13.40 RCW and for filing charges against youth which will or may result in youth being prosecuted as adults under RCW 13.40.100 shall be racially neutral. The standards shall also include a review mechanism to ensure that the standards result in equitable and racially neutral filing and prosecution practices. The work group shall develop and submit its recommended standards and guidelines to the appropriate committees of the legislature by December 1, 1994.

SUBPART D: JUVENILE OFFENDER BASIC TRAINING CAMP PROGRAM

NEW SECTION. Sec. 401. The legislature finds that the number of juvenile offenders and the severity of their crimes is increasing rapidly state-wide. In addition, many juvenile offenders continue to reoffend after they are released from the juvenile justice system causing disproportionately high and expensive rates of recidivism.

The legislature further finds that juvenile criminal behavior is often the result of a lack of self-discipline, the lack of systematic work habits and ethics, the inability to deal with authority figures, and an unstable or unstructured living environment. The legislature further finds that the department of social and health services currently operates an insufficient number of confinement beds to meet the rapidly growing juvenile offender population. Together these factors are combining to produce a serious public safety hazard and the need to develop more effective and stringent juvenile punishment and rehabilitation options.

The legislature intends that juvenile offenders who enter the state rehabilitation system have the opportunity and are given the responsibility to become more effective participants in society by enhancing their personal development, work ethics, and life skills. The legislature recognizes that structured incarceration programs for juvenile offenders such as juvenile offender basic training camps, can instill the self-discipline, accountability, self-esteem, and work ethic skills that could discourage many offenders from returning to the criminal justice system. Juvenile offender basic training camp incarceration programs generally emphasize life skills training, prevocational work skills training, anger management, dealing with difficult at-home family problems and/or abuses, discipline, physical training, structured and intensive work activities, and educational classes. The legislature further recognizes that juvenile offenders can benefit from a highly structured basic training camp environment and the public can also benefit through increased public protection and reduced cost due to lowered rates of recidivism.

NEW SECTION. Sec. 402. A new section is added to chapter 13.40 RCW to read as follows:

(1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program. The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.

(2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380. Requests for proposals from possible contractors shall not call for payment on a per diem basis.

(3) The juvenile offender basic training camp shall accommodate at least seventy offenders. The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.

(4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline. The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training. The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.

The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.

(5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of at least fifty-two weeks but not more than seventy-eight weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.

(6) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend the first one hundred twenty days of their disposition in a juvenile offender basic training camp. If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.

(7) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of their disposition on parole in a division of juvenile rehabilitation intensive aftercare program in the local community. The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress. The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community. In addition, the program shall develop a process for closely monitoring and assessing public safety risks. The intensive aftercare program shall be designed and funded by the department of social and health services.

(8) No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.

(9) The department shall also develop and maintain a database to measure recidivism rates specific to this incarceration program. The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program. The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program. The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.

SUBPART E: CRIMES AND CLASSIFICATIONS

Sec. 501. RCW 9.41.040 and 1992 c 205 s 118 and 1992 c 168 s 2 are each reenacted and 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 or her possession, or has in his or her control any ((~~short~~)) firearm ((~~or pistol~~)):

(a) After having previously been convicted or, as a juvenile, adjudicated delinquent in this state or elsewhere of a crime of violence or of a felony in which a firearm was used or displayed, except as otherwise provided in subsection (4) of this section;

(b) After having previously been convicted of or adjudicated delinquent for any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, except as otherwise provided in subsection (4) of this section;

(c) After having previously been convicted on three occasions of driving a motor vehicle or operating a vessel while under the influence of intoxicating liquor or any drug;

(d) After having previously been committed for mental health treatment, either voluntarily for a period exceeding fourteen continuous days, or involuntarily under RCW 71.05.320, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to own, possess, or control a firearm has been restored as provided in section 503 of this act; or

(e) If the person is under eighteen years of age, except as provided in section 502 of this act.

(2) Unlawful possession of a ((~~short~~)) firearm ((~~or pistol shall be punished as~~)) is a class C felony, punishable 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 ownership, possession, or control of a firearm 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, the person owns or has in his or her possession or under his or her 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.

(((6)(a) A person who has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, may not possess, in any manner, a firearm as defined in RCW 9.41.010.

(b) At the time of commitment, the court shall specifically state to the person under (a) of this subsection and give the person notice in writing that the person is barred from possession of firearms.

(c) The secretary of social and health services shall develop appropriate rules to create an approval process under this subsection. The rules must provide for the immediate restoration of the right to possess a firearm upon a showing in a court of competent jurisdiction that a person no longer is required to participate in an inpatient or outpatient treatment program, and is no longer required to take medication to treat any condition related to the commitment. Unlawful possession of a firearm under this subsection shall be punished as a class C felony under chapter 9A.20 RCW.))

NEW SECTION. Sec. 502. A new section is added to chapter 9.41 RCW to read as follows:

RCW 9.41.040(1)(e) shall not apply to any person under the age of eighteen years who is:

(1) In attendance at a hunter's safety course or a firearms safety course;

(2) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;

(3) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group that uses firearms as a part of the performance;

(4) Hunting or trapping under a valid license issued to the person under Title 77 RCW;

(5) In an area where the discharge of a firearm is permitted, is not trespassing, and the person either: (a) Is at least fifteen years of age, has been issued a hunter safety certificate, and is using a lawful firearm other than a pistol; or (b) is under the supervision of a parent, guardian, or other adult approved for the purpose by the parent or guardian;

(6) Traveling with any unloaded firearm in the person's possession to or from any activity described in subsection (1), (2), (3), (4), or (5) of this section;

(7) On real property under the control of his or her parent, other relative, or legal guardian and who has the permission of the parent or legal guardian to possess a firearm;

(8) At his or her residence and who, with the permission of his or her parent or legal guardian, possesses a firearm for the purpose of exercising the rights specified in RCW 9A.16.020(3); or

(9) Is a member of the armed forces of the United States, national guard, or organized reserves, when on duty.

NEW SECTION. Sec. 503. A new section is added to chapter 9.41 RCW to read as follows:

(1)(a) At the time a person is convicted of, or adjudicated delinquent for, an offense making the person ineligible to own, possess, or control a firearm, or at the time a person is committed by court order under RCW 71.05.320 or chapter 10.77 RCW for mental health treatment, the convicting or committing court shall notify the person, orally and in writing, that the person may not own, possess, or control a firearm unless his or her right to do so is restored by a court of record.

The convicting or committing court also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of conviction or commitment.

(b) Upon the expiration of fourteen days of treatment of a person voluntarily committed, if the period of voluntary commitment is to continue, the institution, hospital, or sanitarium shall notify the person, orally and in writing, that the person may not own, possess, or control a firearm unless his or her right to do so is restored by a court of record.

Following fourteen continuous days of treatment, the institution, hospital, or sanitarium also shall forward a copy of the person's driver's license or identicard, or comparable information, to the department of licensing, along with the date of voluntary commitment.

(2) Upon receipt of the information provided for by subsection (1) of this section, the department of licensing shall determine if the convicted or committed person has a concealed pistol license. If the person does have a concealed pistol license, the department of licensing shall immediately notify the license-issuing authority.

(3) A person who is prohibited from owning, possessing, or having in his or her control a firearm, by reason of having been either:

(a) Voluntarily committed for mental health treatment for a period exceeding fourteen continuous days; or

(b) Involuntarily committed for mental health treatment under RCW 71.05.320, chapter 10.77 RCW, or equivalent statutes of another jurisdiction,

may, upon discharge, petition a court of record to have his or her right to own, possess, or control a firearm restored.

(4) At a minimum, a petition under this section shall include the following:

(a) The fact, date, and place of commitment;

(b) The place of treatment;

(d) A certified copy of the most recent order, if one exists, of commitment, with the findings of fact and conclusions of law; and

(e) A statement by the person that he or she is no longer required to participate in an inpatient or outpatient treatment program, is no longer required to take medication to treat any condition related to the commitment, and does not present a substantial danger to himself or herself, to others, or to the public safety.

(5) A person petitioning the court under this section shall bear the burden of proving by a preponderance of the evidence that the circumstances resulting in the commitment no longer exist and are not reasonably likely to recur.

Sec. 504. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

No person shall deliver a pistol to any person ((~~under the age of twenty-one or to one~~)) who he or she has reasonable cause to believe ((~~has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind~~)) is ineligible under RCW 9.41.040 to own, possess, or control a firearm. Any person violating this section is guilty of a class C felony, punishable under chapter 9A.20 RCW.

NEW SECTION. Sec. 505. A new section is added to chapter 9A.56 RCW to read as follows:

(1) A person is guilty of theft of a firearm if the person:

(a) Commits a theft of a firearm;

(b) Is in possession of a stolen firearm;

(d) Possesses with intent to deliver a stolen firearm; or

(e) Sells a stolen firearm.

(2) This section applies regardless of the stolen firearm's value.

(3) Theft of a firearm is a class B felony.

Sec. 506. RCW 9A.56.040 and 1987 c 140 s 2 are each amended to read as follows:

(1) A person is guilty of theft in the second degree if he or she commits theft of:

(a) Property or services which exceed(s) two hundred and fifty dollars in value, but does not exceed one thousand five hundred dollars in value; or

(b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or

(d) A motor vehicle, of a value less than one thousand five hundred dollars((~~; or~~

~~(e) A firearm, of a value less than one thousand five hundred dollars~~)).

(2) Theft in the second degree is a class C felony.

Sec. 507. RCW 9A.56.160 and 1987 c 140 s 4 are each amended to read as follows:

(1) A person is guilty of possessing stolen property in the second degree if:

(a) He or she possesses stolen property which exceeds two hundred fifty dollars in value but does not exceed one thousand five hundred dollars in value; or

(b) He or she possesses a stolen public record, writing or instrument kept, filed, or deposited according to law; or

(d) He or she possesses a stolen motor vehicle of a value less than one thousand five hundred dollars((~~; or~~

~~(e) He possesses a stolen firearm~~)).

(2) Possessing stolen property in the second degree is a class C felony.

Sec. 508. RCW 9A.36.045 and 1989 c 271 s 109 are each amended to read as follows:

(1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.

(2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.

(3) Reckless endangerment in the first degree is a class ((C)) B felony.

NEW SECTION. Sec. 509. The juvenile disposition standards commission shall make a recommendation to the legislature concerning what juvenile disposition offense category should be assigned to the crime of theft of a firearm as created in section 505 of this act and to the crime of reckless endangerment in the first degree, RCW 9A.36.045. The recommendation shall be presented to the legislature no later than November 1, 1994.

SUBPART F: CURFEWS AND RUNAWAYS

NEW SECTION. Sec. 601. The legislature recognizes the growing problem of nighttime violence and other criminal activity committed in public places by and against youth. The legislature finds that it is an appropriate exercise of police powers to restrict the hours during which youth may be in public places without adult supervision or authorization.

NEW SECTION. Sec. 602. A new section is added to chapter 9.91 RCW to read as follows:

(1) For purposes of this section:

(a) "Reasonable necessity" means, but is not limited to, a need to act in response to a fire, natural disaster, or automobile accident, or the need to obtain medical care for the youth or a member of the youth's family or the need to act in response to any other unanticipated event or circumstance where a reasonable person would find it necessary to be in a public place.

(b) "Youth" means a person under the age of seventeen.

(c) "Public place" means any sidewalk, street, alley, highway, park, or other public place, or place of business or parking lot that is open to the public whether on public or private property, and includes a vehicle that is in a public place.

(2) No youth may be in a public place between the hours of twelve midnight and five a.m. unless:

(a) The youth is accompanied by a parent, legal guardian, or a person twenty-one years of age or older who is authorized by the youth's parent or legal guardian to accompany the youth;

(b) The youth is traveling by direct route to or from a religious activity, political activity, or an event sponsored by a school;

(d) The youth's presence in a public place is a reasonable necessity.

(3) A law enforcement officer may stop and detain a person that the officer reasonably believes is a youth in violation of subsection (2) of this section in order to obtain the person's name and age and the address of the person's parent or legal guardian.

(4) A law enforcement officer who reasonably believes a youth is in violation of subsection (2) of this section may take the youth into custody pursuant to RCW 13.32A.050 and transport the youth to his or her home or to a residential center as provided for in RCW 13.32A.060 or to another facility in which the youth will be supervised by an adult for the duration of the curfew period.

(5) A youth who has been transported to his or her home or to a residential center for a violation of subsection (2) of this section, and who during the same curfew period of the same day again violates subsection (2) of this section, is guilty of a misdemeanor.

Sec. 603. RCW 13.32A.050 and 1990 c 276 s 5 are each amended to read as follows:

A law enforcement officer shall take a child into custody:

(1) If a law enforcement agency has been contacted by the parent of the child that the child is absent from parental custody without consent; or

(2) If a law enforcement officer reasonably believes, considering the child's age, the location, and the time of day, that a child is in circumstances which constitute a danger to the child's safety or that a child is violating section 602 of this act or a local curfew ordinance; or

(3) If an agency legally charged with the supervision of a child has notified a law enforcement agency that the child has run away from placement; or

(4) If a law enforcement agency has been notified by the juvenile court that the court finds probable cause exists to believe that the child has violated a court placement order issued pursuant to chapter 13.32A RCW or that the court has issued an order for law enforcement pick-up of the child under this chapter.

Law enforcement custody shall not extend beyond the amount of time reasonably necessary to transport the child to a destination authorized by law and to place the child at that destination.

An officer who takes a child into custody under this section and places the child in a designated crisis residential center shall inform the department of such placement within twenty-four hours.

(5) Nothing in this section affects the authority of any political subdivision to make regulations concerning the conduct of minors in public places by ordinance or other local law.

(6) If a law enforcement officer has a reasonable suspicion that a child is being unlawfully harbored under RCW 13.32A.080, the officer shall remove the child from the custody of the person harboring the child and shall transport the child to one of the locations specified in RCW 13.32A.060.

NEW SECTION. Sec. 604. A new section is added to chapter 35.21 RCW to read as follows:

A town, city, or county may by resolution exempt itself from the provisions of section 602 of this act. A city, town, or county may adopt a local curfew ordinance so long as it does not deviate from section 602 of this act by:

(1) Expanding the hours of curfew either by extending them to before midnight or after 5:00 a.m.;

(2) Applying a curfew to persons seventeen years of age or older;

(3) Eliminating or diminishing any of the exceptions provided in section 602(2) of this act; or

(4) Providing any greater penalty.

Sec. 605. RCW 13.32A.060 and 1985 c 257 s 8 are each amended to read as follows:

(1) An officer taking a child into custody under RCW 13.32A.050 (1) or (2) shall inform the child of the reason for such custody and shall either:

(a) Transport the child to his or her home. The officer releasing a child into the custody of the parent shall inform the parent of the reason for the taking of the child into custody and shall inform the child and the parent of the nature and location of appropriate services available in their community; or

(b) Take the child to the home of an adult extended family member, a designated crisis residential center, or the home of a responsible adult after attempting to notify the parent or legal guardian:

(i) If the child ((~~evinces~~)) expresses fear or distress at the prospect of being returned to his or her home((~~; or~~

~~(ii) If the officer believes~~)) which leads the officer to believe there is a possibility that the child is experiencing in the home some type of child abuse or neglect, as defined in RCW 26.44.020, as now law or hereafter amended; or

((~~(iii)~~)) (ii) If it is not practical to transport the child to his or her home; or

((~~(iv)~~)) (iii) If there is no parent available to accept custody of the child.

The officer releasing a child into the custody of an extended family member or a responsible adult shall inform the child and the extended family member or responsible adult of the nature and location of appropriate services available in the community.

(2) An officer taking a child into custody under RCW 13.32A.050 (3) or (4) shall inform the child of the reason for custody, and shall take the child to a designated crisis residential center licensed by the department and established pursuant to chapter 74.13 RCW. However, an officer taking a child into custody under RCW 13.32A.050(4) may place the child in a juvenile detention facility as provided in RCW 13.32A.065. The department shall ensure that all the enforcement authorities are informed on a regular basis as to the location of the designated crisis residential center or centers in their judicial district, where children taken into custody under RCW 13.32A.050 may be taken.

Sec. 606. RCW 13.32A.080 and 1981 c 298 s 6 are each amended to read as follows:

(1)(a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

(i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

(ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

(iii) Obstructs a law enforcement officer from taking the minor into custody; or

(iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

(b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

(2) Harboring a minor is punishable as a gross misdemeanor ((~~if the offender has not been previously convicted under this section and a gross misdemeanor if the offender has been previously convicted under this section~~)).

(3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

(4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

(a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

(b) Promoting prostitution as defined in chapter 9A.88 RCW; and

Sec. 607. RCW 13.32A.130 and 1992 c 205 s 206 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~~)) the placement under the rules ((~~and regulations~~)) established for the center for a period not to exceed 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 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 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~~)) the 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~~)) the statement. In addition, the administrator of the facility or his or her designee shall provide every resident and parent with a copy of ((~~such~~)) the statement.

NEW SECTION. Sec. 608. A new section is added to chapter 74.13 RCW to read as follows:

The department of social and health services shall maintain a toll-free hotline to assist parents of runaway children. The hotline shall provide parents with a complete description of their rights when dealing with their runaway child.

NEW SECTION. Sec. 609. A new section is added to chapter 43.101 RCW to read as follows:

The criminal justice training commission shall ensure that every law enforcement agency in the state has an accurate and up-to-date policy manual describing the statutes relating to juvenile runaways.

NEW SECTION. Sec. 610. If section 608 of this act is not specifically referenced in the supplemental operating budget by June 30, 1994, section 608 of this act shall be null and void.

SUBPART G: FAMILY AND JUVENILE COURT JURISDICTION

Sec. 701. RCW 13.04.030 and 1988 c 14 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

((~~(1)~~)) (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

((~~(2)~~)) (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170((~~, as now or hereafter amended~~));

((~~(3)~~)) (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210((~~, as now or hereafter amended~~));

((~~(4)~~)) (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

((~~(5)~~)) (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, ((~~as now or hereafter amended,~~)) unless:

((~~(a)~~)) (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110((~~, as now or hereafter amended~~)); or

((~~(b)~~)) (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

((~~(c)~~)) (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection ((~~(5)(a) of this section~~)): PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060;

((~~(6)~~)) (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

((~~(7)~~)) (g) Relating to termination of a diversion agreement under RCW 13.40.080 ((~~as now or hereafter amended~~)), including a proceeding in which the divertee has attained eighteen years of age; and

((~~(8)~~)) (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

Sec. 702. RCW 26.12.010 and 1991 c 367 s 11 are each amended to read as follows:

(1) Each superior court shall exercise the jurisdiction conferred by this chapter and while sitting in the exercise of such jurisdiction shall be known and referred to as the "family court." A family law proceeding under this chapter is any proceeding under this title or any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children regarding the determination or modification of parenting plans, child custody, visitation, or support, or the distribution of property or obligations.

(2) Superior court judges of a county may by majority vote, grant to the family court the power, authority, and jurisdiction, concurrent with the juvenile court, to hear and decide cases under Title 13 RCW.

Sec. 703. RCW 13.04.021 and 1988 c 232 s 3 are each amended to read as follows:

(1) The juvenile court shall be a division of the superior court. In judicial districts having more than one judge of the superior court, the judges of such court shall annually assign one or more of their number to the juvenile court division. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under chapter 13.34 RCW or any other case under Title 13 RCW as provided in RCW 26.12.010, and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050.

(2) Cases in the juvenile court shall be tried without a jury.

PART II - JUVENILE JUSTICE PROVISIONS, EFFECTIVE JULY 1, 1995

NEW SECTION. Sec. 801. The legislature finds that the juvenile justice act of 1977, chapter 13.40 RCW, requires substantial revision. The legislature reaffirms the goals of the act, including the dual goals of punishment and rehabilitation of juvenile offenders. The legislature finds, however, that the substantive provisions of the act are too structured to achieve fully the act's goals.

The framework created by the act has diminishing relevance to today's violent and chronic offenders. Juveniles are committing increasingly violent crimes, and they are committing these violent crimes at an increasingly younger age. Simultaneously, juveniles habitually commit minor offenses. Dispositions prescribed by the act are not long enough to permit substantial rehabilitation of violent offenders, and minor offenders receive no meaningful intervention. The fixed system established by the act restricts the judiciary's efforts to tailor punishment and rehabilitation to the juvenile's individual needs. Additionally, substantial delays occur before the juvenile offender is held accountable for criminal acts.

Juvenile offenders must learn personal accountability and must accept responsibility for their criminal behavior. To this end, the juvenile system must provide a swift response, meaningful punishment, and effective rehabilitation. Therefore, sections 801 through 812 of this act seek to accomplish the following goals: (1) Increasing the speed of the juvenile justice system's response to juvenile offenders' criminal behavior; (2) increasing the certainty of punishment and intervention; (3) increasing judicial discretion and permitting judges to tailor dispositions to the juvenile's offense; (4) expanding the range of disposition alternatives to permit meaningful punishment and effective rehabilitation; (5) increasing the likelihood that juveniles will comply with the terms of their dispositions by creating compliance incentives and, if necessary, placing the juveniles in supportive out-of-home placements; and (6) reducing the complexity of the system.

Sec. 802. RCW 13.40.020 and 1993 c 373 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~~

~~(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)~~)) (2) "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. Community supervision is an individualized program comprised of one or more of the following:

(a) Community-based sanctions;

(b) Community-based rehabilitation;

((~~(4)~~)) (3) 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;

((~~(5)~~)) (4) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

((~~(6)~~)) (5) "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~~)) community supervision officer as directed and to remain under the ((~~probation~~)) community supervision officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

((~~(7)~~)) (6) "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 detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. Confinement includes state and county group homes, foster care homes, inpatient substance abuse programs, juvenile boot camps, and electronic monitoring. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or 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 and may be served in a detention group home, detention foster home, or with electronic monitoring. Detention group homes and detention foster homes used for confinement shall not also be used for the placement of dependent children. Confinement in detention group homes and detention foster homes and electronic monitoring are subject to available funds;

((~~(8)~~)) (7) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

((~~(9)~~)) (8) "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. Deferred adjudications shall not be considered part of the respondent's criminal history;

((~~(10)~~)) (9) "Department" means the department of social and health services;

((~~(11)~~)) (10) "Detention facility" means a county 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;

((~~(12)~~)) (11) "Diversion unit" means any ((~~probation~~)) community supervision counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other 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 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

((~~(13)~~)) (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

((~~(14)~~)) (13) "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 pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

((~~(15)~~)) (14) "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;

((~~(16)~~)) (15) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile, would fail to promote the juvenile's best rehabilitative interest, or would impose a serious, and clear danger to society in light of the purposes of this chapter;

((~~(17) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;~~

~~(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;~~

~~For purposes of this definition, current violations shall be counted as misdemeanors;~~

~~(19)~~)) (16) "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;

((~~(20)~~)) (17) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care, or with a court-approved custodian. Placement out of the home in county or state-funded placements is subject to available funds and beds;

(18) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

((~~(21)~~)) (19) "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;

((~~(22)~~)) (20) "Secretary" means the secretary of the department of social and health services;

((~~(23)~~)) (21) "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;

((~~(24)~~)) (22) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

((~~(25)~~)) (23) "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;

((~~(26)~~)) (24) "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;

((~~(27)~~)) (25) "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;

(26) "Deadly weapon" means a deadly weapon as defined in RCW 9.94A.125;

(27) "Assistant secretary" means the assistant secretary for juvenile rehabilitation within the department;

(28) "Violent offense" means violent offense as defined in RCW 9.94A.030;

(29) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care or with a court-approved custodian.

Sec. 803. RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:

(1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

(2) The commission shall be composed of the secretary or the secretary's designee and the following ((~~nine~~)) members appointed by the governor, subject to confirmation by the senate: (a) ((A)) Two superior court judges; (b) ((a)) two prosecuting ((~~attorney~~)) or deputy prosecuting attorneys; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) ((a)) two public defenders actively practicing in juvenile court; (f) a county legislative official or county executive; ((~~and~~)) (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders; and (h) one member from each of the two largest caucuses of both the senate and the house of representatives, who shall be nonvoting members. In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the members who ((~~is a~~)) are superior court judges; of Washington prosecutors in respect to the prosecuting ((~~attorney~~)) or deputy prosecuting attorney members; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

(3) The ((~~secretary or the secretary's designee~~)) governor shall ((~~serve as chairman~~)) designate the chair of the commission.

(4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department. The term of the remaining members of the commission shall be three years. The initial terms shall be determined by lot conducted at the commission's first meeting as follows: (a) Four members shall serve ((~~a two-year~~)) one-year terms; ((~~and~~)) (b) four members shall serve ((~~a three-year~~)) two-year term; and (c) six members shall serve three-year terms. In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

(5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members shall be compensated in accordance with RCW 43.03.240.

(6) The commission shall meet at least once every three months.

Sec. 804. RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:

(1) It is the responsibility of the commission to:

(a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally((,));

(ii) ((~~specifically~~)) Review ((~~the guidelines relating to the confinement of minor and first offenders as well as~~)) the use of diversion, ((~~and~~)) deferred adjudications, and suspended confinement or commitment;

(iii) Review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; and

(iv) Evaluate the effectiveness of existing disposition standards in light of juvenile offenders' rehabilitative needs;

(b) Solicit the comments and suggestions of the juvenile justice community, including juvenile justice advisory committees of local law and justice councils, concerning disposition standards, effectiveness, and proportionality; ((~~and~~))

(c) Make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030;

(d) Implement a comprehensive tracking program to analyze recidivism among juvenile offenders, particularly among offenders who receive alternatives such as diversion, deferred adjudication, and suspended confinement or commitment. The commission shall include information and statistics about juvenile recidivism in the commission's annual report;

(e) If the commission identifies racial or other disproportionalities at any stage of administration of juvenile justice, identify the disproportionalities in the annual report and make recommendations for corrective measures; and

(f) Review the instances in which the court enters a finding pursuant to RCW 13.40.160(10) that the court has declined to exercise a disposition option due to lack of funds, services, or bed space. The commission shall document the number and circumstances of these findings in its annual report.

The evaluations shall be submitted to the legislature on December 1 of each ((~~even-numbered~~)) year ((~~thereafter~~)).

(2)(a) If sufficient funds are not provided for (b) of this subsection, it is the responsibility of the department to: ((~~(a)~~)) (i) 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)~~)) (ii) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and ((~~(c)~~)) (iii) provide the commission and legislature with recommendations for modification of the disposition standards.

(b) If sufficient funds are provided for this subsection (2)(b), the office of financial management shall determine the appropriate staffing level for the commission to provide a research staff of sufficient size and with sufficient resources to accomplish its duties. The salary for a full-time executive officer, if any, shall be fixed by the governor under RCW 43.03.040.

(3) The commission may request from the office of financial management, the administrator for the courts, local law and justice councils, and the department such data, information, and data processing assistance as it may need to accomplish its duties, and the services shall be provided without cost to the commission. The department and other organizations or individuals shall provide the commission and the legislature with recommendations for modification of the disposition standards. The commission shall have rule-making authority to develop a system for fulfilling its identified data needs.

(4) The commission shall conduct a study to determine the capacity of rehabilitative facilities and programs that are or will be available. While the commission need not consider the capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding the capacity. If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences that shall be consistent with the capacity.

(5) The commission shall study the existing juvenile justice code and make recommendations to the legislature for modification.

(6) The commission shall adopt its own bylaws.

Sec. 805. RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

(((1)(a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses. The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s). Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days. No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days. Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months. Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed. In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

~~(b)~~)) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender. Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year. At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year. The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary. The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

((~~(2) In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:~~

~~(a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;~~

(b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

~~(c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.~~))

Sec. 806. RCW 13.40.150 and 1992 c 205 s 109 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~~)) Prior to disposition, the county shall conduct a predisposition diagnostic evaluation of the juvenile and shall prepare a report of the evaluation. The county shall provide this report to the court. The evaluation shall include an assessment of the juvenile's rehabilitative needs including but not limited to the juvenile's needs for treatment, therapy, and education. The evaluation shall also include a preliminary assessment of the security risks posed by the juvenile;

(b) Violations may not count as part of the offender's criminal history;

(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;

(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~~)) Consider the types of treatment, therapy, education, and other rehabilitative services that would be most effective at rehabilitating the 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;

(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. 807. RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

(1) ((When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsection (5) of this section.

A disposition outside the standard range shall be determinate 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 thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2), as now or hereafter amended, shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 as now or hereafter amended.

(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsection (5) of this section. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357. Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2), as now or hereafter amended, shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a disposition may be appealed as provided in RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 as now or hereafter amended.

~~(4) If a respondent is found to be a middle offender:~~

(a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsection (5) of this section: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2), as now or hereafter amended, shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 as now or hereafter amended.

~~(5)~~)) The court may impose a disposition as provided in this section for any juvenile adjudicated for an offense. Offenders eligible for the juvenile offender basic training camp program may receive a disposition under section 402 of this act.

(2) The court shall consider various factors, including but not limited to the following, when determining a disposition:

(a) The juvenile's age and maturity;

(b) The juvenile's criminal history and the recency of that criminal history;

(d) Whether the juvenile complied with the terms of the disposition imposed for prior offenses;

(e) The seriousness of the offense;

(f) Whether the juvenile's adjudication resulted from accomplice liability; and

(g) Whether any aggravating or mitigating factors apply.

(3)(a) For a juvenile adjudicated for a misdemeanor or a gross misdemeanor, the court shall impose a disposition comprised of any of the following:

0 - 12 Months of community supervision;

0 - 150 Hours of community service;

0 - $100 Fine;

0 - 30 Days in confinement if the juvenile has prior criminal history or a prior deferred adjudication.

(b) The court shall not commit a juvenile adjudicated of a misdemeanor or gross misdemeanor to the department unless the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice.

(4)(a) Except as provided in (c) of this subsection, for a juvenile adjudicated of a class C or B felony that is not: A violent offense, a crime against persons as defined in RCW 9.94A.440(2), or a crime of harassment as defined in RCW 9A.46.060, the court shall impose a disposition comprised of any of the following:

0 - 12 Months of community supervision;

0 - 150 Hours of community service;

0 - $100 Fine;

5 - 60 days of confinement or commitment to the department.

(b) Except as provided in (c) of this subsection, the court shall not commit a juvenile adjudicated under this subsection (4) to the department for more than sixty days unless (i) the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice; or (ii) the juvenile has a significant criminal history that would support a finding of an aggravating factor under RCW 13.40.150(3) if the criminal history was more recent.

(c)(i) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(e), the court shall commit the offender to the department for sixty days' confinement.

(ii) if a respondent is found to have delivered a firearm in violation of RCW 9.41.080, the court shall commit the offender to the department for one hundred twenty days' confinement.

(iii) If a respondent is found to have committed an offense of theft of a firearm as defined in section 505 of this act, the court shall commit the offender to the department for one hundred twenty days' confinement.

(d) The department shall not release the offender given a disposition under (c) (i), (ii), or (iii) of this subsection prior to expiration of the court-ordered term of confinement.

(e) Any term of confinement ordered pursuant to (c) (i), (ii), or (iii) of this subsection shall run consecutively to any term of confinement imposed in the same disposition for other offenses.

(f) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (4). In addition to the suspended confinement or commitment, the court shall impose community supervision, community service, or a fine as provided in (a) of this subsection.

(5)(a) For a juvenile adjudicated of a class C or B felony that is a crime against persons or a crime of harassment but is not a violent offense, the court shall impose a disposition comprised of the following:

0 - 12 Months community supervision;

0 - 150 Hours community service;

0 - $100 Fine;

5 Days to 129 weeks in confinement or commitment to the department.

(b) The court shall not commit a juvenile adjudicated under this subsection (5) to the department in excess of one hundred twenty-nine weeks unless the court enters a finding that a disposition under this subsection (5) would effect a manifest injustice. The basis for the manifest injustice must be a basis other than the offender's criminal history as described in RCW 13.40.150(3)(i)(iv).

(c) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (5). In addition to the suspended confinement or commitment, the court shall impose community supervision, community service, or a fine as provided in (a)(i) of this subsection.

(6)(a) If a juvenile is adjudicated of a class A felony, an attempt to commit a class A felony, a sex or violent offense, or an offense in which a finding was entered that the offender was armed with a deadly weapon when the offense was committed, the court shall impose a disposition of the following:

52 - 224 Weeks committed to the department.

(b) The court shall not impose a disposition under this subsection (6) outside the standard range unless the court finds that imposition of the standard range would effectuate a manifest injustice.

(c) If the juvenile is adjudicated of a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, the court need not impose a disposition under this subsection (6). The court may instead order a treatment disposition option under subsection (11) of this section.

(d) When a court adjudicates a juvenile of a sex offense, the court shall impose a disposition as provided in this subsection (6), as modified by this subsection (6)(d), unless the court orders a disposition under subsection (11) of this section. In addition to the term of commitment imposed under this subsection (6), the court shall impose a term of postrelease supervision not to exceed five years. The department shall provide the postrelease supervision. If the juvenile receives treatment while committed, the court, as a condition of postrelease supervision, may order the juvenile to continue with a particular treatment program for all or a portion of the term of postrelease supervision. The department may recommend to the sentencing court whether the option of continuing treatment is appropriate. Upon the recommendation of the department, the court may either reduce the term of postrelease supervision or impose additional or more restrictive terms of postrelease supervision. The postrelease supervision required by this section shall be in addition to any term of parole imposed by the department.

(7) In all cases, the court shall impose a determinate disposition.

(8) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice, the court shall impose a determinate disposition outside the standard range. If the court imposes a disposition below the standard range due to a manifest injustice, the disposition shall be comprised of community supervision or confinement, or both. The court's finding of manifest injustice shall be supported by clear and convincing evidence. A disposition outside the standard range shall be appealable under RCW 13.40.230, by the state or respondent. A disposition within the standard range is not appealable.

(9) In all cases, the court shall enter an order for restitution, if any is due to the victim, according to RCW 13.40.190.

(10) In all disposition orders that include commitment to the department, the court shall make a finding of reasonable rehabilitative goals to be achieved by the juvenile during the commitment term. These goals may include, by way of example and not limitation, completion of substance abuse treatment, completion of anger management courses, and achievement of academic, educational, or vocational goals, such as grade-level reading or GED completion.

(11) When ((~~a serious, middle, or minor first~~)) an offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

(a)(i) Frequency and type of contact between the offender and therapist;

(ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

(iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

(iv) Anticipated length of treatment; and

(v) Recommended crime-related prohibitions.

(b)(i) Devote time to a specific education, employment, or occupation;

(iv) Report to the prosecutor and the ((~~probation~~)) community supervision counselor prior to any change in a sex offender treatment provider. This change shall have prior approval by the court;

(v) Report as directed to the court and a ((~~probation~~)) community supervision counselor;

(vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

Except as provided in this subsection ((~~(5)~~)) (11), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW. A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that: (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection ((~~(5)~~)) (11) and the rules adopted by the department of health.

((~~(6)~~)) (12) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

((~~(7) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.~~

~~(8) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.~~))

(13) Whenever a dispositional order requires a juvenile to participate in a treatment program, the court may require the juvenile's parents, guardians, or custodians to participate in the treatment program with the juvenile.

(14) If a court does not exercise a disposition option available under this chapter due to a lack of available funds, services, or bed space, the court shall enter a finding in the disposition that an alternative disposition was not ordered due to the lack of available funds, services, or bed space.

Sec. 808. RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

Unless otherwise provided in this chapter, where a disposition is imposed on a youth for two or more offenses, the terms shall run consecutively((~~, subject to the following limitations:~~

~~(2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and~~

Sec. 809. RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:

(1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

(2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

(a) Sixty percent of the ((~~minimum~~)) term of confinement has been served; and

(b) The purpose of the leave is to enable the juvenile:

(i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

(ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

(iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

(3) No authorized leave may exceed seven consecutive days. The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

(4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave. The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

(5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary. The authorized leave order shall be carried by the juvenile at all times while on leave.

(6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period. The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

(7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family. The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department. In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

(8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.

(9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

(10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community service, or treatment programs in the community up to twelve hours a day if approved by the secretary. Such a release shall not be deemed a leave of absence.

(11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.

Sec. 810. RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

(1) ((The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, as now or hereafter amended, set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed. Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.)) (a) When a juvenile is committed to a term of confinement in a state institution, the assistant secretary shall review the sentencing court's finding of the rehabilitative goals to be achieved by the juvenile during the term of confinement. The department shall provide rehabilitative resources, including but not limited to education, vocational training, substance abuse treatment, and counseling, to permit the juvenile to achieve these rehabilitative goals.

(b) After expiration of no more than sixty percent of the juvenile's commitment term, the department shall provide a report containing an evaluation of the juvenile's behavior and performance during commitment. This report shall specifically describe the juvenile's progress toward achieving the designated rehabilitative goals.

(c) The department shall provide this report to the committing court. The court, after considering the department's report, shall determine a release or discharge date for the juvenile, which date shall fall on or before expiration of the original term of commitment. If the court sets a release date prior to expiration of the original term, the court may suspend the remainder of the term.

(d) Nothing in this section entitles a juvenile to release prior to the expiration of the term of confinement imposed by the court.

(e) The department shall establish by rule standards of good behavior, good performance, and progress toward rehabilitative goals.

(f) After the court determines a release date, the secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((~~: PROVIDED, That~~)). Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

(g) The early release provisions of this section do not apply to confinement imposed under RCW 13.40.160(4)(c).

(6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

Sec. 811. RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:

(1) Dispositions reviewed pursuant to RCW 13.40.160((~~, as now or hereafter amended,~~)) shall be reviewed in the appropriate division of the court of appeals.

(2) To uphold a disposition outside the standard range, ((~~or which imposes confinement for a minor or first offender,~~)) the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range((~~, or nonconfinement for a minor or first offender,~~)) would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.

(4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.

(6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.

NEW SECTION. Sec. 812. The following acts or parts of acts are each repealed:

(1) RCW 13.40.0354 and 1989 c 407 s 6;

(2) RCW 13.40.0357 and 1994 c . . . s 306 (section 306 of this act) & 1989 c 407 s 7;

(3) RCW 13.40.--- and 1994 c . . . s 309 (section 309 of this act); and

(4) 1994 c . . . s 509 (section 509 of this act).

PART III - TECHNICAL PROVISIONS

NEW SECTION. Sec. 901. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 902. Part and subpart headings and the table of contents as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 903. (1) Sections 101 through 703 of this act shall take effect July 1, 1994.

(2) Sections 801 through 812 of this act shall take effect July 1, 1995.

NEW SECTION. Sec. 904. Sections 301, 307, 310, 313, and 314 of this act shall expire July 1, 1995.

NEW SECTION. Sec. 905. (1) Sections 101 through 703 of this act shall apply to offenses committed on or after July 1, 1994.

(2) Sections 801 through 812 of this act shall apply to offenses committed on or after July 1, 1995.