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SIXTY-FOURTH DAY




MORNING SESSION




House Chamber, Olympia, Monday, March 17, 1997


             The House was called to order at 9:00 a.m. by the Speaker (Representative Pennington presiding). The Clerk called the roll and a quorum was present.


             The flag was escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Jordan Yeates and Colleen Bender.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


             Prayer was offered by Father Seamus Laverty, St. Patrick's Parish, Seattle.


             Speaker Pro Tempore Pennington turned the gavel to former Speaker of the House and Speaker Pro Tempore John L. O'Brien.


RESOLUTION


             HOUSE RESOLUTION NO. 97-4634, by Representatives O'Brien, Romero, Constantine, Cairnes, Johnson, H. Sommers, Ballasiotes, Radcliff, Chopp, Kenney, Carlson, Blalock, Doumit, Morris, Dunshee, Hatfield and Kessler


             WHEREAS, Our democracy has been enriched by the countless immigrants who have made their way to our shores and added to this Nation's tremendous diversity; and

             WHEREAS, Irish immigrants transformed our Nation's largest cities into dynamic centers of commerce and industry, and their contributions to our smaller cities and towns are evident today in the cultural, economic, and spiritual makeup of the communities; and

             WHEREAS, Nine of the people who signed our Nation's Declaration of Independence were of Irish origin, and thirteen Presidents of the United States proudly claim Irish heritage; and

             WHEREAS, Through the years of America's greatest growth -- the building of the Erie Canal in the 1820's, the transcontinental railroad in the 1860's, and the first skyscrapers in the 1890's -- Irish-Americans gave their labor; and

             WHEREAS, The largest wave of Irish immigrants came in the late 1840's, when the Great Famine ravaging Ireland caused two million people to emigrate, mostly to American soil; and

             WHEREAS, Upon arrival, Irish immigrants faced "No Irish Need Apply" signs, but persevered and overcame prejudice; and

             WHEREAS, Today, millions of Americans of Irish ancestry continue to enrich all aspects of life in the United States; and

             WHEREAS, St. Patrick, born near the Severn in Britain probably in A.D. 389, is the patron saint of Ireland; and

             WHEREAS, Irish-Americans in communities all across the country celebrate St. Patrick's feast day with parades and the wearing of the green; and

             WHEREAS, On St. Patrick's Day, Irishness comes out in everybody;

             NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives hereby honor the rich heritage of the millions of Americans who trace their lineage to Ireland by celebrating St. Patrick's Day.


             Representative O'Brien moved the adoption of the resolution.


             Representatives O'Brien, Dickerson, Murray, Doumit, Sheahan and Benson spoke in favor of the adoption of the resolution.


             House Resolution No. 4634 was adopted.


             Former Speaker of the House O'Brien: In closing I would like to give this Irish toast: "If I had a ticket to Heaven, and you did not have one too, I would tear mine into little bits, and go to Hell with you."


             Former Speaker of the House O'Brien turned the gavel back to the Speaker Pro Tempore Pennington.


POINT OF PERSONAL PRIVILEGE


             Representative H. Sommers: Thank you. I want to say a fine and hardy welcome to John O'Brien, our former Speaker and our former Speaker Pro Tem. It is really nice and a great privilege to see you here again this morning as you have come back each year to remind us of all that you stood for and of all you did. I do remember a lot of things about the way Representative O'Brien presided and the things he did and the things he said. He was famous for his rulings over the years. The book of rulings grew and grew under Speaker O'Brien. One time I recall that he was stumped over a particularly difficult challenging ruling. But he came out and he said simply, "It's moot." That was the decision, he issued the ruling he wanted to issue and we lived with it. Now, I want to say that this morning is again a special morning because I never recall again other four letter words coming from Representative O'Brien but he certainly gave us a touch this morning with the tearing up of the ticket. I assume a whole bunch of us will go to Hell with you, John.


POINT OF PERSONAL PRIVILEGE


             Representative Lisk: I also would like to extend a welcome from this side of the aisle to former Speaker, Representative O'Brien. I will never forget the most informative session I ever had was the sessions Representative O'Brien conducted for the new freshmen members on the protocal and rules of the House. I still have the book and the information he distributed to the freshmen on how to conduct oneself on the floor, and what the rules were and what protocal to follow. I still refer to it. I also will never forget the day in the cafetria lunch line where Representative O'Brien, who was then the Speaker Pro Tem and would call on members to speak, turned and looked down at me and said "You sure talk alot". It was quite enlightening for me as a new member. I have tried since to think more about what I am saying. It is a pleasure to welcome you back. I remember the day we honored Representative O'Brien for being the longest serving member of any House of Representatives in the United States. I believe that record still stands. It is wonderful to welcome you here. It is wonderful to see you again. God bless you on this special day.


POINT OF PERSONAL PRIVILEGE


             Representative Mason: It is so good to see my representative. For those you don't know, I am sitting in the seat that Representative O'Brien held with so much distinction for so many years. He has always been my representative and he still is. I learned a lot from him on how to serve my district and to care about the people of my district. It is good to see you here, Representative O'Brien. I am always honored to know I am serving in Position 1, the seat that he held for many, many years. Happy Saint Patrick's Day to you.


             The Speaker (Representative Pennington presiding) thanked former Speaker O'Brien for the traditional green carnations on the members' desks.


             There being no objection, the House advanced to the sixth order of business.


SECOND READING


             The Speaker (Representative Pennington presiding) announced that the three minute ruling on speeches was in effect during the day's debates.


             HOUSE BILL NO. 1043, by Representatives Schoesler, Dunn and Smith

 

Requiring the state landlord/tenant act to preempt all other local landlord/tenant acts.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1043 was substituted for House Bill No. 1043 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1043 was read the second time.


             With the consent of the House, amendment numbers 124 and 222 to Substitute House Bill No. 1043 were withdrawn.


             Representative Costa moved the adoption of the following amendment by Representative Costa: (246)


             On page 2, line 3, after "3" insert "or 4"


             On page 2, line 12, after "3" insert "or 4"


             On page 2, after line 29, add the following:

             "NEW SECTION Sec. 4. A new section is added to chapter 59.18 RCW to read as follows:

             Section 2 of this act does not apply to local laws that are intended to protect tenants from discrimination on the basis of sex, race, political ideology, sexual orientation, ancestry, age, parental status, or participation in a program under section eight of the United States Housing Act of 1937 (42 USC 1437(f))."


             Representative Costa spoke in favor of the adoption of the amendment.


             Representative Schoesler spoke against adoption of the amendment. The amendment was not adopted.


             Representative Hatfield demanded an electronic roll call. Representative Lisk pointed out the House had already voted on the amendment and the amendment had failed.


             There being no objection, the House deferred consideration of Substitute House Bill No. 1043 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 1576, by Representatives Sherstad, Cairnes, Mulliken, Reams, Koster, Mielke, Dunn, McMorris, Pennington, Sheahan and Thompson

 

Modifying buildable lands under growth management.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1576 was substituted for House Bill No. 1576 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1576 was read the second time.


             With the consent of the House, amendment number 207 to House Bill No. 1576 was withdrawn.


             Representative Sherstad moved the adoption of the following amendment by Representative Sherstad: (219)

             Strike everything after the enacting clause and insert the following:


             "NEW SECTION. Sec. 1. (1) The legislature finds and declares land use planning needs to ensure that an adequate supply of land appropriate for development is actually available for development. Land use planning that restricts the supply of develop able land tends to cause land prices to rise, making affordable housing impossible and economic growth difficult.

             (2) Comprehensive plans and development regulations may identify undeveloped land for particular uses. However, those uses may never be realized and the assumption that land will actually be used for such purposes may be misplaced.

             (3) The legislature finds and declares local governments planning under chapter 36.70A RCW need to analyze whether sufficient available land for development exists in order to provide for both residential and nonresidential needs of the population in those jurisdictions. Merely regulating land so as to allow for the development is insufficient. Specifically, local jurisdictions planning under chapter 36.70A RCW must inventory lands available for development and adjust plans or development regulations if insufficient land is available to meet the population projections for the following twenty years.


             Sec. 2. RCW 36.70A.110 and 1995 c 400 s 2 are each amended to read as follows:

             (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.

             (2) Based upon the growth management population projection made for the county by the office of financial management, the ((urban growth areas in the)) county and the city within the county shall include areas and densities within urban growth areas sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.

             Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.

             (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.

             (4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.

             (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.

             (6) Each county shall include designations of urban growth areas in its comprehensive plan.


             NEW SECTION. Sec. 3, This chapter applies to counties planning under RCW 36.70A.040, and the cities within those counties, that had a population greater than one hundred fifty thousand in 1995 as determined by the office of financial management population projection and that are located west of the crest of the Cascade mountain range.


             NEW SECTION. Sec. 4. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Lands available for development" are lands that are suitable for development and likely to be on the market within the time period provided in RCW 36.70A.110. "Lands available for development" include both vacant land and developed land likely to be redeveloped. Land that is developed with a building currently occupied and determined habitable by the local jurisdiction with an assessed value greater than the assessed value of the land on which the building is located may not be considered developed land likely to be redeveloped.

             (2) "City" means any city or town, including a code city.

             (3) "Suitable for development" means the lands:

             (a) Are not within any critical area or governed by any development regulation designed to protect critical areas adopted under RCW 36.70A.060, regardless of whether any development may occur on the lands;

             (b) Are serviced by all public facilities necessary for development or needed public facilities are provided for in the capital facilities element of the county or city's comprehensive plan adopted under RCW 36.70A.070 within the following five years; and

             (c) May be developed without causing the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan.


             NEW SECTION. Sec. 5. (1) A comprehensive plan must provide sufficient lands available for development within the urban growth areas established under RCW 36.70A.110 to accommodate estimated residential and nonresidential needs for the following twenty years.

             (2) Beginning with the next periodic review under RCW 36.70A.130 or any other review of an urban growth area or comprehensive plan, but at least by July 1, 1999, a county shall:

             (a) Inventory the supply of lands available for development within the urban growth area;

             (b) Determine the density and type of development likely to occur on lands inventoried under (a) of this subsection, by considering all regulations applicable to the lands and the market for land available for development;

             (c) Determine the actual residential density and the actual intensity and amount of land developed for nonresidential uses which have occurred within the urban growth area since the last periodic review or five years, whichever is greater;

             (d) Conduct an analysis of housing need by type and density range to determine the amount of land needed for each needed housing type for the next twenty years;

             (e) Conduct an analysis of nonresidential development needed to serve the commercial, office, retail, industrial, and public service and facility needs of the population for the next twenty years; and

             (f) Compare the inventory in (a), (b), and (c) of this subsection with the needs determined in (d) and (e) of this subsection.

             (3) If the determination required by subsection (2) of this section indicates the urban growth area does not contain sufficient lands available for development to accommodate projected needs for twenty years at the actual developed density that has occurred since the last periodic review, the county shall take one or more of the following actions:

             (a) Amend its urban growth area to include sufficient land available for development to accommodate projected needs for twenty years at the actual developed density during the period since the last periodic review or within the last five years, whichever is greater. As a part of this process, the amendment shall include sufficient land reasonably necessary to accommodate the siting of new public school facilities;

             (b) Amend its comprehensive plan or development regulations to include new, incentive-based measures that demonstrably increase the likelihood that development will occur at densities sufficient to accommodate the projected needs for twenty years without expansion of the urban growth area; or

             (c) Any combination of actions in (a) or (b) of this subsection.

             (4) A county that adopts incentive-based measures under subsection (3)(b) of this section must monitor and record the level of development activity and development density following the date of the adoption of the new measures. If the monitoring shows that development has not occurred at densities sufficient to accommodate the project needs, the county must, at its next review under subsection (2) of this section, amend its urban growth area as provided in subsection (3)(a) of this section.

             (5) If the determination required by subsection (2) of this section indicates the urban growth area within a city does not contain sufficient lands available for development to accommodate residential and nonresidential needs for twenty years at the actual developed density that has occurred since the last periodic review, the city shall amend its comprehensive plan or development regulations to include new, incentive-based measures that demonstrably increase the likelihood that development will occur at densities sufficient to accommodate projected needs for twenty years without expansion of the urban growth area. A city that takes this action must monitor and record the level of development activity and development density following the date of the adoption of the new measures.

             (6) Amendments must comply with the requirements of chapter 36.70A RCW.

             (7) In establishing that actions and measures adopted under subsections (3) and (5) of this section demonstrably increase the likelihood of higher density development, the county or city shall at a minimum ensure that land zoned for development is in locations appropriate for the types of development identified under subsection (2) of this section and is zoned at density ranges that are likely to be achieved by the market using the analysis in subsection (2) of this section. Actions or incentive-based measures, or both, must be adopted as part of development regulations, must be available to all applicable properties within the zone, must not be negotiated on a case-by-case basis, and may include, but are not limited to:

             (a) Financial incentives for higher density development, including, but not limited to removal of fees associated with development;

             (b) Removal or easing of approval standards or procedures;

             (c) Redevelopment and infill strategies; and

             (d) Authorization of housing types not previously allowed by the comprehensive plan or development regulations.


             NEW SECTION. Sec. 6. (1) A county shall annually update the inventory and determinations required by section 5(2) of this act.

             (2) At least every five years after the first inventory, determinations, and steps required under section 5 of this act:

             (a) A county shall take any steps required by section 5 (3) and (4) of this act; and

             (b) A city shall take any steps required by section 5(5) of this act.


             Sec. 7. RCW 43.62.035 and 1995 c 162 s 1 are each amended to read as follows:

             The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination. At least once every ((ten)) five years beginning in 2001 the office of financial management shall prepare twenty-year growth management planning population projections required by RCW 36.70A.110 for each county that adopts a comprehensive plan under RCW 36.70A.040 and shall review these projections with such counties and the cities in those counties before final adoption. The county and its cities may provide to the office such information as they deem relevant to the office's projection, and the office shall consider and comment on such information before adoption. Each projection shall be expressed as a reasonable range developed within the standard state high and low projection. The middle range shall represent the office's estimate of the most likely population projection for the county. If any city or county believes that a projection will not accurately reflect actual population growth in a county, it may petition the office to revise the projection accordingly. The office shall complete the first set of ranges for every county by December 31, 1995.

             A comprehensive plan adopted or amended before December 31, 1995, shall not be considered to be in noncompliance with the twenty-year growth management planning population projection if the projection used in the comprehensive plan is in compliance with the range later adopted under this section.


             NEW SECTION. Sec. 8. Sections 1, 3, 4, and 6 of this act constitute a new chapter in Title 36 RCW to be codified to follow chapter 36.70C RCW."


             Correct the title.


             Representative Gardner moved the adoption of the following amendment (266) to the amendment by Representative Sherstad: (219)


             On page 1, line 12 of the striking amendment, after "difficult." insert "If too much land is zoned for new growth, taxpayers foot the high cost of newly sprawled roads, sewers, and utility lines to serve it."


             Representative Gardner spoke in favor of the adoption of the amendment.


             Representative Sherstad spoke against adoption of the amendment. The amendment to the amendment was not adopted.


             Representative H. Sommers moved the adoption of the following amendment to the amendment:


             On page 7, after line 29 of the amendment, insert the following:


             "NEW SECTION. Sec. 9. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1997, in the omnibus appropriations act, this act is null and void."


             Representatives H. Sommers and Huff spoke in favor of the adoption of the amendment to the amendment. The amendment was adopted.


             The Speaker (Representative Pennington presiding) stated the question before the House is the striking amendment 219 as amended.


             Representative Sherstad spoke in favor of the adoption of the amendment. The amendment as amended was adopted.


             The bill was order engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sherstad, Cairnes, and Reams spoke in favor of passage of the bill.


             Representatives Romero, Dunshee and Gombosky spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1576.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1576 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Kastama, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 36.


             Engrossed Substitute House Bill No. 1576, having received the constitutional majority, was declared passed.


             SECOND SUBSTITUTE HOUSE BILL NO. 1938, by Representative Carrell


             Representative Carrell moved the adoption of the following amendment by Representative Carrell: (251)


             On page 4, beginning on line 14, strike subsection (4).


             Renumber remaining subsections consecutively.


             Representative Carrell spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Carrell moved the adoption of the following amendment by Representative Carrell: (235)


             On page 4, beginning on line 17, strike subsection (5) and insert the following:

             "(5) An individual who is not an owner, operator, or employee of a child-serving agency is guilty of a misdemeanor if the individual violates subsection (1) of this section with the intent to engage the child in a crime, to conceal the child from law enforcement, the department, or the child’s parents, or to assist the minor to avoid or attempt to avoid the custody of a law enforcement officer."


             Representatives Carrell and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Carrell moved the adoption of the following amendment by Representative Carrell: (234)


             On page 7, line 13, after "child’s" strike "in compliance" and insert "noncompliance"


             On page 7, line 33, after "RCW" strike "28A.225.080" and insert "28A.225.090"


             Representative Carrell spoke in favor of the adoption of the amendment. The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Carrell spoke in favor of passage of the bill.


             Representative Wolfe spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Second Substitute House Bill No. 1938.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Second Substitute House Bill No. 1938 and the bill passed the House by the following vote: Yeas - 57, Nays - 41, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.

             Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Blalock, Butler, Chopp, Cody, Cole, Constantine, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 41.


             Engrossed Second Substitute House Bill No. 1938, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2008, by Representatives Sheahan, Sterk, Crouse and Costa

 

Authorizing law enforcement officers to impound the vehicles of persons who are patronizing prostitutes.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2008 was substituted for House Bill No. 2008 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2008 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sterk and Costa spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 2008.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 2008 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Substitute House Bill No. 2008, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 2170, by Representatives Pennington, Sheldon and Ogden

 

Expediting projects of state-wide significance.


             The bill was read the second time. There being no objection, Substitute House Bill No. 2170 was substituted for House Bill No. 2170 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 2170 was read the second time.


             There being no objection, the House deferred consideration of Substitute House Bill No. 2170 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 1091, by Representatives Sterk, Cody, Backlund, Kenney, D. Sommers, Hatfield, Dunn, O'Brien, Lantz, Kessler, Murray, Costa, Quall, Anderson and Conway

 

Penalizing assault of health care personnel.


             The bill was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sterk, Costa, Dyer, Sterk and Mastin spoke in favor of passage of the bill.


             Representatives Lambert and Appelwick spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1091.

ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1091 and the bill passed the House by the following vote: Yeas - 90, Nays - 8, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Chopp, Clements, Cody, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lantz, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 90.

             Voting nay: Representatives Carrell, Chandler, Cole, Lambert, Linville, Mulliken, Regala and Sherstad - 8.


             House Bill No. 1091, having received the constitutional majority, was declared passed.


             SUBSTITUTE HOUSE BILL NO. 2170, by Committee on Trade and Economic Development

 

Expediting projects of state-wide significance.


             Representative Dunn moved the adoption of the following striking amendment by Representative Dunn: (268)


             Strike everything after the enacting clause and insert the following:

             "NEW SECTION. Sec. 1. The legislature finds that certain industrial investments merit special designation and treatment by governmental entities. The legislature further finds that such investments bolster the local economy and have an impact on the state economy as a whole. It is the intent of the legislature to recognize that certain industrial investments and projects are of state-wide significance and that it is in the state interest to expedite their completion.


             NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

             (1) "Department" means the department of community, trade, and economic development.

             (2) "Director" means the director of the department of community, trade, and economic development.

             (3) "Eligible projects" means:

             (a) Construction of new buildings and the acquisition of new machinery and equipment when the buildings, machinery, and equipment are to be used for either manufacturing or research and development activities; or

             (b) Acquisition of new machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a leased new building; or

             (c) Modernization projects involving construction, renovation, acquisition, or upgrading of existing buildings or machinery and equipment, including labor and services, and are intended to increase the production of the facility.

             (4) "Local government" means either: (a) A city or county that plans under chapter 36.70 RCW; or (b) a city or county that is required to plan or elects to plan under chapter 36.70A RCW.

             (5) "Machinery and equipment" has the same meaning as in RCW 82.61.010 and 82.63.010.

             (6) "Manufacturing" has the same meaning as in RCW 82.61.010.

             (7) "Project of state-wide significance" means an eligible project that meets the requirements of section 3 of this act.

             (8) "Research and development" has the same meaning as in RCW 82.61.010 and 82.63.010.


             NEW SECTION. Sec. 3. For purposes of this chapter an industrial investment of state-wide significance or a project of state-wide significance is a border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces or a private industrial development with private capital investment in manufacturing or research and development. To qualify as an industrial project of state-wide significance, the project must be completed after January 1, 1997, and have:

             (1) In counties with a population of less than or equal to twenty thousand, a capital investment of twenty million dollars;

             (2) In counties with a population of greater than twenty thousand but no more than fifty thousand, a capital investment of fifty million dollars;

             (3) In counties with a population of greater than fifty thousand but no more than one hundred thousand, a capital investment of one hundred million dollars;

             (4) In counties with a population of greater than one hundred thousand but no more than two hundred thousand, a capital investment of two hundred million dollars;

             (5) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a capital investment of four hundred million dollars;

             (6) In counties with a population of greater than four hundred thousand but no more than one million, a capital investment of six hundred million dollars; or

             (7) In counties with a population of greater than one million, a capital investment of one billion dollars.

             (8) Been designated by the director as a project of state-wide significance either (a) because the county in which the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (b) because the impact on a region due to the size and complexity of the project merits such designation.


             NEW SECTION. Sec. 4. (1) A local government that receives an application for the development of a project of state-wide significance may, at their option, develop a process for expediting the review, approval, permitting, and completion of the project.

             (2) The local government shall notify the department within ten days of receipt of an application for the development of a project of state-wide significance. The notification to the department shall contain information on the type of project, the amount of public and private investment in the project, and the local government contact person.


             NEW SECTION. Sec. 5. (1) The director shall assign an ombudsman to each project of state-wide significance. The ombudsman is responsible for assembling a team of state and local government and private officials to help meet the planning and development needs of the specific project of state-wide significance.

             (2) The ombudsman shall include those in the team that have responsibility over the planning, permitting and licensing, infrastructure development, work force development services, transportation services, and the provision of utilities for the specific project of state-wide significance.

             (3) The team shall work together to expedite the approval of necessary permits for the furtherance of the specific project.


             NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 43 RCW."


             With the consent of the House, amendment number 277 to the striking amendment was withdrawn.


             Representative Dunn moved the adoption of the following amendment (287) to the striking amendment by Representative Dunn: (268)


             On page 3, line 9 of the amendment, after "government" strike "shall" and insert "may"


             On page 3, after line 27 of the amendment, insert the following:

             "NEW SECTION. Sec. 6. In order to provide service to developers of projects of state-wide significance, the department shall charge reasonable fees for services under this chapter. The fees must be based on a percentage of the cost of the eligible project and are not intended to exceed the costs of providing the service. The fees may not be paid from funds from a federal, state, or local government source.


             NEW SECTION. Sec. 7. The ombudsman fee account is created in the state treasury. The account consists of all receipts from fees charged by the department under section 6 of this act. Expenditures from the account may be used only for purposes of this chapter. Only the director or the director’s designee may authorize expenditures from the account. Expenditures from the account may be spent only after appropriation."


             Renumber the remaining sections consecutively and correct internal references accordingly.


             Representatives Dunn and Veloria spoke in favor of the adoption of the amendment to the amendment. The amendment to the striking amendment was adopted.


             The question before the House was the adoption of the striking amendment as amended.


             Representatives Dunn and Veloria spoke in favor of the adoption of the striking amendment as amended. The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Carlson, Veloria, Sheldon and Dunn spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 2170.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 2170 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Engrossed Substitute House Bill No. 2170, having received the constitutional majority, was declared passed.


             There being no objection, the House deferred consideration of House Bill No. 1338 and the bill held it's place on the second reading calendar.


             HOUSE BILL NO. 1344, by Representatives Mielke, Doumit, Pennington, Alexander, Boldt, Hatfield, Bush and Smith

 

Requiring county legislative authorities to include a summary of public testimony in the written minutes.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1344 was substituted for House Bill No. 1344 and the substitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1344 was read the second time.


             Representative Mielke moved the adoption of the following amendment by Representative Mielke: (228)


             On page 1, after line 5, strike everything and insert the following:

             "Voice recordings or written minutes must be kept of every public meeting of a county legislative authority and shall include any public testimony taken, but this requirement shall not apply to executive sessions. Copies of the voice recordings or minutes shall be available to the public at a reasonable fee."


             Representatives Mielke, D. Schmidt and Honeyford spoke in favor of the adoption of the amendment.


             Representatives Gardner and Doumit spoke against the adoption of the amendment.


             The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Mielke, D. Schmidt and Scott spoke in favor of passage of the bill.


             Representatives Gardner and Doumit spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Substitute House Bill No. 1344.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Substitute House Bill No. 1344 and the bill passed the House by the following vote: Yeas - 68, Nays - 30, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dunn, Dyer, Fisher, Hankins, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 68.

             Voting nay: Representatives Anderson, Appelwick, Butler, Chopp, Cody, Cole, Constantine, Conway, Dickerson, Doumit, Dunshee, Gardner, Gombosky, Grant, Hatfield, Keiser, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Sullivan, Tokuda, Veloria, Wolfe and Wood - 30.


             Engrossed Substitute House Bill No. 1344, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1349, by Representatives McMorris, Kessler, Hatfield, Linville, Costa, Sheldon and Doumit

 

Extending existing employer workers' compensation group self-insurance.


             The bill was read the second time.


             Representative Conway moved the adoption of the following amendment by Representative Conway: (187)


             On page 3, after line 2, insert the following:

             "(5)(a) Self-insured employers, self-insured groups, and authorized claims administrators have a duty of good faith and fair dealing towards claimants. Violations of these good faith duties shall include, but not be limited to: (i) Attempting to close a valid claim under this section that the employer, or his or her representative, knew or should have known was closed inappropriately; (ii) interfering with a worker's right to file a claim under this title; or (iii) having a history or pattern of repeated unfair claims practices. The department shall adopt rules on unfair claims practices.

             (b) A worker of a self-insured employer or beneficiary of such worker who is injured or damaged because of a violation of this section or violation of a rule adopted by the director under this title may bring a civil action against a self-insured employer, self-insured group, or authorized claims administrator in superior court to enjoin further violations and to recover reasonable damages sustained by him or her, together with the cost of the suit including reasonable attorneys' fees to be set by the court."


             Representative Conway spoke in favor of the adoption of the amendment.


             Representative Clements spoke against adoption of the amendment.


             Representative Hatfield demanded an electronic roll call vote and the demand was sustained.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment on page 2, after line 3, to House Bill No. 1349 and the amendment was not adopted by the following vote: Yeas - 44, Nays - 54, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Blalock, Buck, Butler, Chopp, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mastin, Morris, Murray, O'Brien, Ogden, Parlette, Poulsen, Quall, Regala, Romero, Scott, Smith, Sommers, H., Sullivan, Tokuda, Veloria, Wolfe and Wood - 44.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, McDonald, McMorris, Mielke, Mitchell, Mulliken, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Sommers, D., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 54.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives McMorris, Dyer, Sheldon, Clements and Thompson spoke in favor of passage of the bill.


             Representatives Conway and Cody spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of House Bill No. 1349.


ROLL CALL


             The Clerk called the roll on the final passage of House Bill No. 1349 and the bill passed the House by the following vote: Yeas - 62, Nays - 36, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gardner, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kessler, Koster, Lambert, Lantz, Linville, Lisk, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Parlette, Pennington, Quall, Radcliff, Reams, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 62.

             Voting nay: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Dunshee, Fisher, Gombosky, Grant, Kastama, Keiser, Kenney, Mason, Mastin, Murray, O'Brien, Ogden, Poulsen, Regala, Robertson, Romero, Scott, Sommers, H., Sterk, Sullivan, Tokuda, Veloria, Wolfe and Wood - 36.


             House Bill No. 1349, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1472, by Representatives Reams, Romero, Pennington, Sherstad and Lantz

 

Providing for designation of mineral resource lands.


             The bill was read the second time.


             Representative Dunshee moved the adoption of the following amendment by Representative Dunshee: (250)

             On page 2, after line 22, insert the following:

             "(2)      Prior to designating mineral resource lands of long-term commercial significance as provided in this section, the county shall consider whether probable significant adverse impacts on the quality of the environment are likely to result. The county seeking to designate mineral resource lands shall complete an environmental checklist as provided in WAC 197-11-960 to identify the impacts from the proposed designation of mineral resource lands of long-term commercial significance, to reduce or avoid impacts from the proposal, if this can be accomplished, and to help the applicable agency decide whether an environmental impact statement is required."


             Renumber the remaining subsections consecutively and correct internal references accordingly.


             Representatives Dunshee and Gardner spoke in favor of the adoption of the amendment.


             Representative Reams spoke against the adoption of the amendment. The amendment was not adopted.


             Representative Koster moved the adoption of the following amendment by Representative Koster: (243)


             "On page 2, line 33, after "regulations." insert the following:

             "Reasonable notice of additions or amendments to comprehensive plans or development regulations shall be given to property owners and other affected and interested individuals. The county shall use either an existing reasonable notice provision already employed by the county or a new reasonable notice provision, including any of the following:

             (a) Notifying owners of real property, as shown by the records of the county assessor, located within 300 feet of the boundaries of the proposed designation;

             (b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the mineral resource deposits are located;

             (c) Notifying public or private groups with known interest in the proposed mineral resource designation; or

             (d) Placing notices in appropriate regional, neighborhood, or trade journals."


             Representatives Koster and Dunshee spoke in favor of the adoption of the amendment.


COLLOQUY


             Representative Dunshee asked if Representative Koster would yield to a question, and Representative Koster did.


             Representative Dunshee: Sir, do you take this amendment to mean that notification will occur prior to the designation, and that citizens will know prior to the designation?


             Representative Koster: Yes, that is the intent of the amendment.


             Representatives Dunshee and Reams spoke in favor of the adoption of the amendment. The amendment was adopted.


             The bill was ordered engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Reams and Fisher spoke in favor of passage of the bill.


             Representatives Gardner and Linville spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed House Bill No. 1472.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed House Bill No. 1472 and the bill passed the House by the following vote: Yeas - 79, Nays - 19, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Conway, Cooke, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Fisher, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Kessler, Koster, Lambert, Lantz, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Zellinsky and Mr. Speaker - 79.

             Voting nay: Representatives Blalock, Butler, Chopp, Cole, Constantine, Cooper, Dickerson, Dunshee, Gardner, Keiser, Kenney, Linville, Mason, Morris, Poulsen, Sullivan, Tokuda, Veloria and Wood - 19.


             Engrossed House Bill No. 1472, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1478, by Representatives Clements, Buck, Huff, Lisk, Mulliken, McDonald, Honeyford, Sehlin, McMorris, Sump, Sheldon, Parlette, Skinner, Chandler, Kessler, Hatfield and Grant

 

Feeding wildlife during severe winter weather.


             The bill was read the second time. There being no objection, Substitute House Bill No. 1478 was substituted for House Bill No. 1478 and the ubstitute bill was placed on the second reading calendar.


             Substitute House Bill No. 1478 was read the second time.


             With the consent of the House, amendment number 192 to Substitute House Bill No. 1478 was withdrawn.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representative Clements spoke in favor of passage of the bill.


             Representative Tokuda spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Substitute House Bill No. 1478.


ROLL CALL


             The Clerk called the roll on the final passage of Substitute House Bill No. 1478 and the bill passed the House by the following vote: Yeas - 85, Nays - 13, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Koster, Lambert, Lantz, Linville, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, O'Brien, Ogden, Parlette, Pennington, Quall, Radcliff, Reams, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 85.

             Voting nay: Representatives Appelwick, Butler, Chopp, Dickerson, Dunshee, Fisher, Kessler, Mason, Murray, Poulsen, Regala, Tokuda and Veloria - 13.


             Substitute House Bill No. 1478, having received the constitutional majority, was declared passed.


             The Speaker assumed the chair.


             HOUSE BILL NO. 1862, by Representatives Cooke, Dickerson, Boldt and McDonald

 

Requiring a community-based response system for certain families referred to child protective services.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1862 was substituted for House Bill No. 1862 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 1862 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cooke and Gombosky spoke in favor of passage of the bill.


             The Speaker stated the question before the House to be final passage of Second Substitute House Bill No. 1862.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1862 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Second Substitute House Bill No. 1862, having received the constitutional majority, was declared passed.


             HOUSE BILL NO. 1864, by Representatives Cooke, Dickerson, Boldt and McDonald

 

Regarding infants who test positive at birth for drugs or alcohol.


             The bill was read the second time. There being no objection, Second Substitute House Bill No. 1864 was substituted for House Bill No. 1864 and the second substitute bill was placed on the second reading calendar.


             Second Substitute House Bill No. 1864 was read the second time.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Cooke and Gombosky spoke in favor of passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Second Substitute House Bill No. 1864.


ROLL CALL


             The Clerk called the roll on the final passage of Second Substitute House Bill No. 1864 and the bill passed the House by the following vote: Yeas - 98, Nays - 0, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Appelwick, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Butler, Cairnes, Carlson, Carrell, Chandler, Chopp, Clements, Cody, Cole, Constantine, Conway, Cooke, Cooper, Costa, Crouse, DeBolt, Delvin, Dickerson, Doumit, Dunn, Dunshee, Dyer, Fisher, Gardner, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kenney, Kessler, Koster, Lambert, Lantz, Linville, Lisk, Mason, Mastin, McDonald, McMorris, Mielke, Mitchell, Morris, Mulliken, Murray, O'Brien, Ogden, Parlette, Pennington, Poulsen, Quall, Radcliff, Reams, Regala, Robertson, Romero, Schmidt, D., Schmidt, K., Schoesler, Scott, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sommers, H., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Tokuda, Van Luven, Veloria, Wensman, Wolfe, Wood, Zellinsky and Mr. Speaker - 98.


             Second Substitute House Bill No. 1864, having received the constitutional majority, was declared passed.


             The Speaker called upon Representative Pennington to preside.


POINT OF PERSONAL PRIVILEGE


             Representative Lisk updated the members on the tragedy at Zillah where two divers lost their lives in an irrigation ditch. She asked that the House remember during their debates that life was continuing outside the Chambers, and asked that the members remember these men and their families.


             HOUSE BILL NO. 3900, by Representatives Sheahan, Ballasiotes, Schoesler, Bush, Honeyford, Carrell, Chandler, Mitchell, Clements, Huff, Thompson, Hankins, Mulliken, Koster, Carlson, Cairnes, Cooke, Johnson, Skinner, Mastin, Smith, Crouse, Benson, Alexander, Talcott, Robertson, Lisk, Zellinsky, Boldt, Delvin, Sterk, Lambert, Hickel, Backlund and Pennington

 

Revising the Juvenile Code (Introduced with Senate sponsors).


             The bill was read the second time. There being no objection, Third Substitute House Bill No. 3900 was substituted for House Bill No. 3900 and the third substitute bill was placed on the second reading calendar.


             Third Substitute House Bill No. 3900 was read the second time.


             Representative Sheahan moved the adoption of the following amendment by Representative Sheahan: (275)


             On page 32, beginning on line 1, strike section 6


             Renumber remaining sections consecutively, correct internal references accordingly, and correct the title.


             Representative Sheahan spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Dickerson moved the adoption of the following amendment by Representative Dickerson: (260)


             On page 33, beginning on line 19, after "1994," strike everything through "act," on line 20


             On page 33, beginning on line 26, after "separately" strike everything through "this act" on line 27


             On page 40, at the beginning of line 15, strike "(1)"


             On page 47, at the beginning of line 23, strike "(2)"


             On page 53, beginning on line 3, strike all of subsection (3)


             On page 70, beginning on line 16, strike all of section 19


             Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.


             Representatives Dickerson, Wolfe, Kastama, Constantine, Chopp, and Costa spoke in favor of the adoption of the amendment.


             Representative Sheahan, Sterk, and Robertson spoke against the adoption of the amendment.


             Representative Robertson demanded an electronic roll call vote and the demand was sustained.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment on page 33, beginning on line 19, to Third Substitute House Bill No. 3900 and the amendment was not adopted by the following vote: Yeas - 38, Nays - 60, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 38.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 60.


             Representative Dickerson moved the adoption of the following amendment by Representative Dickerson: (261)


             Beginning on page 76, line 10, strike section 24 and insert:

             "Sec. 24. RCW 13.40.160 and 1995 c 395 s 7 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.)) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

             (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 Option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), (5) and (6) of this section. The disposition may be comprised of one or more local sanctions.

             (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 Option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), (5) and (6) of this section.

             (2) 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)) C 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) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

             (((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 subsections (5) and (6) 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) 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, disposition may be appealed as provided in RCW 13.40.230 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.))

             (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).

             (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. 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))) If the ((middle)) juvenile offender ((has less than 110 points, 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. If the middle offender has 110 points or more)) is subject to a standard range disposition of up to 36 weeks of confinement and is not a violent offender, 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 violates any condition of the disposition including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of 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.

             (((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) 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)) entered under this subsection (4)(((c) of this section is appealable under RCW 13.40.230 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.

             (5) When a ((serious, middle, or minor first)) juvenile 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, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for ((up to)) at least 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 counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

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

             (iv) Report to the prosecutor and the probation 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 counselor;

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

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

             (viii) Comply with the conditions of any court-ordered probation bond.

             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 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. 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))) A disposition entered under this subsection (5) is not appealable under RCW 13.40.230.

             (6) If the juvenile offender is subject to a standard range disposition of local sanctions or 24 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under section 25 of this act.

             (7) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

             (((7))) (8) 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.

             (((8))) (9) Except as provided ((for in)) under subsection (4)(((b) or)), (5), or (6) of this section ((or)), RCW 13.40.125, or section 25 of this act, the court shall not suspend or defer the imposition or the execution of the disposition.

             (((9))) (10) 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."


             Correct internal references.


             Representative Dickerson spoke in favor of the adoption of the amendment.


             Representative Sterk spoke against the adoption of the amendment. The amendment was not adopted.


             With the consent of the House, amendment numbers 137 and 247 to Third Substitute House Bill No. 3900 were withdrawn.


             Representative Costa moved the adoption of the following amendment by Representative Costa: (262)


             On page 102, after line 21, insert the following:

             "Sec. 36. RCW 72.09.460 and 1995 1st sp.s. c 19 s 5 are each amended to read as follows:

             (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (((3))) (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

             (2) The department shall provide a program of education to all inmates who are under the age of eighteen and who have not met high school graduation requirements as established by the state board of education. The program of education established by the department for inmates under the age of eighteen must consist of curriculum that will enable the inmate to achieve a high school diploma. The department shall extend the program of education required under this subsection to an inmate who is over the age of eighteen but less than twenty-one if the inmate was incarcerated prior to his or her eighteenth birthday and failed to obtain a high school diploma before reaching the age of eighteen.

             (3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

             (a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

             (b) Additional work and education programs based on assessments and placements under subsection (((4))) (5) of this section; and

             (c) Other work and education programs as appropriate.

             (((3))) (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

             (((4))) (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

             (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

             (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

             (i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

             (ii) An inmate's education history and basic academic skills;

             (iii) An inmate's work history and vocational or work skills;

             (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

             (v) Where applicable, an inmate's prior performance in department-approved education or work programs;

             (c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

             (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

             (A) Second and subsequent vocational programs associated with an inmate's work programs; and

             (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

             (ii) Inmates shall pay all costs and tuition for participation in:

             (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

             (B) Second and subsequent vocational programs not associated with an inmate's work program.

             Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

             (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

             (i) Shall not be required to participate in education programming; and

             (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

             If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

             (((5))) (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

             (((6))) (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

             (((7))) (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

             (((8))) (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release."


             Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.


             Representatives Costa, Sheahan, Doumit and Ballasiotes spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Sheahan moved the adoption of the following amendment by Representative Sheahan: (293)

             On page 102, after line 21, insert the following:


             "Sec. 36. RCW 72.01.410 and 1994 c 220 s 1 are each amended to read as follows:

             (1) Whenever any child under the age of eighteen is convicted in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement in a correctional institution wherein adults are confined, the secretary of corrections, after making an independent assessment and evaluation of the child and determining that the needs and correctional goals for the child could better be met by the programs and housing environment provided by the juvenile correctional institution, with the consent of the secretary of social and health services, may transfer such child to a juvenile correctional institution, or to such other institution as is now, or may hereafter be authorized by law to receive such child, until such time as the child arrives at the age of twenty-one years, whereupon the child shall be returned to the institution of original commitment. Retention within a juvenile detention facility or return to an adult correctional facility shall regularly be reviewed by the secretary of corrections and the secretary of social and health services with a determination made based on the level of maturity and sophistication of the individual, the behavior and progress while within the juvenile detention facility, security needs, and the program/treatment alternatives which would best prepare the individual for a successful return to the community. Notice of such transfers shall be given to the clerk of the committing court and the parents, guardian, or next of kin of such child, if known.

             (2)(a) Except as provided in subsection (2)(b) of this section, an offender under the age of eighteen who is convicted in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed in a housing unit, or a portion of a housing unit, that is separated from offenders eighteen years of age or older, until the offender reaches the age of eighteen.

             (b) An offender under the age of eighteen may be housed in an intensive management unit or administrative segregation unit containing offenders eighteen years of age or older if it is necessary for the safety or security of the offender or staff. In these cases, the offender shall be kept physically separate from other offenders at all times.


             NEW SECTION. Sec. 37.          A new section is added to chapter 72.01 RCW to read as follows:

             An offender under the age of eighteen who is convicted in adult criminal court of a crime and who is committed for a term of confinement in a jail as defined in RCW 70.48.020, must be housed in a jail cell that does not contain adult offenders, until the offender reaches the age of eighteen."


             Renumber the remaining sections consecutively, correct internal references accordingly, and correct the title.


             Representatives Sheahan and Dickerson spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Radcliff moved the adoption of the following amendment by Representative Radcliff: (138)


             On page 128, after line 14, insert the following:


             "NEW SECTION. Sec. 48. A new section is added to chapter 43.121 RCW to read as follows:

             The legislature of the state of Washington finds that community deterioration and family disintegration are increasing problems in our state. One clear indicator of this damage is juvenile crime and violence. The legislature further finds that prevention is one of the best methods of fighting juvenile crime. Building more facilities to house juvenile offenders is only one part of the solution: Increased spending on confining juvenile offenders must be closely linked to efforts to prevent juvenile crime.

             Research indicates that providing funding for prevention programs is a cost-effective method of preventing and reducing juvenile crime. To this end, the legislature establishes the family investment account. By encouraging spending on juvenile crime prevention programs to equal state increases in spending on confining juvenile offender rehabilitation facilities, the legislature intends to improve outcomes for children and youth and prevent the continued deterioration of communities and the breakdown of families. As a reflection of this priority, the legislature should transfer sufficient funding to the newly created family investment account, created in section 49 of this act.


             NEW SECTION. Sec. 49. A new section is added to chapter 43.121 RCW to read as follows:

             The family investment account is created in the custody of the state treasurer. Expenditures from the account shall be used only for the purposes of section 50 of this act. Only the executive director of the council or his or her designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.


             NEW SECTION. Sec. 50. A new section is added to chapter 43.121 RCW to read as follows:

             (1) The council's executive director or his or her designee may authorize expenditures from the family investment account created under section 49 of this act, subject to available funds. The expenditures shall be in the form of grants to be awarded by the council on a competitive basis based on the recommendations of the family investment grant review team, created in section 51 of this act.

             (2) All grant applications shall:

             (a) Identify the program or proposed program;

             (b) Identify the entity or organization proposing the program. Eligible organizations include, but are not limited to, local charities, civic organizations, local governments, tribes, and community networks;

             (c) Include a plan for expenditure of the funds, including specifying what percentage of the grant will be spent on administration and evaluation costs; and

             (d) Include a plan to analyze the effectiveness of the program.

             (3) A program is eligible for a grant under this section only if the program:

             (a) Is designed to reduce conditions associated with the entry of youth into the juvenile justice system;

             (b) Is a new program or an expansion of an existing program;

             (c) Is based on research that supports the program's effectiveness;

             (d) Has community support and is community-based;

             (e) Will be used for prevention of juvenile crime and not for the treatment or confinement of adjudicated or diverted juvenile offenders;

             (f) Is in addition to any other state or locally funded prevention program and will not supplant existing state or local funds; and

             (g) Demonstrates that strategies are locally planned and outcome driven.

             (4) To encourage local ownership of youth violence prevention programs, grants awarded by the council under this section shall:

             (a) Have a duration of up to two years, with funding provided in decreasing amounts over the duration of the grant; and

             (b) Not exceed more than seventy-five percent of the total estimated cost of a program. Entities or organizations applying for grants under this section must demonstrate that at least twenty-five percent of the cost of the program will be funded from nonstate moneys.

             (5) To encourage grant applications, the council shall simplify the grant application process to the greatest extent possible.

             (6) The council may require that a percentage of the expenditures for a grant be spent to evaluate the program's effectiveness. The council may also require that the evaluation be conducted by individuals or organizations that are not participating in the program.


             NEW SECTION. Sec. 51. A new section is added to chapter 43.121 RCW to read as follows:

             (1) The family investment grant review team is established to make recommendations to the council on the funding of grants from the family investment account.

             (2) The review team shall consist of no more than fifteen persons appointed by the council. Appointees must represent the state's geographic and cultural diversity and have demonstrated an interest in juvenile violence and its prevention. The review team shall include representatives from entities that disperse funds targeted at youth, including, but not limited to, the office of crime victims advocacy, the governor's juvenile justice advisory committee, the family policy council, the department of health, the stop youth violence advisory committee, the Washington council for the prevention of child abuse and neglect, and the division of alcohol and substance abuse within the department of social and health services.

             (3) Review team members are eligible for reimbursement of expenses under RCW 43.03.050 and 43.03.060.

             (4) Review team members serve two-year terms.


             Sec. 52. RCW 43.121.050 and 1988 c 278 s 5 are each amended to read as follows:

             To carry out the purposes of this chapter, the council may:

             (1) Contract with public or private nonprofit organizations, agencies, schools, or with qualified individuals for the establishment of community-based educational and service programs designed to:

             (a) Reduce the occurrence of child abuse and neglect; and

             (b) Provide for parenting skills which include: Consistency in parenting; providing children with positive discipline that provides firm order without hurting children physically or emotionally; and preserving and nurturing the family unit. Programs to provide these parenting skills may include the following:

             (i) Programs to teach positive methods of disciplining children;

             (ii) Programs to educate parents about the physical, mental, and emotional development of children;

             (iii) Programs to enhance the skills of parents in providing for their children's learning and development; and

             (iv) Learning experiences for children and parents to help prepare parents and children for the experiences in school. Contracts also may be awarded for research programs related to primary and secondary prevention of child abuse and neglect, and to develop and strengthen community child abuse and neglect prevention networks. Each contract entered into by the council shall contain a provision for the evaluation of services provided under the contract. Contracts for services to prevent child abuse and child neglect shall be awarded as demonstration projects with continuation based upon goal attainment. Contracts for services to prevent child abuse and child neglect shall be awarded on the basis of probability of success based in part upon sound research data.

             (2) Award grants from the family investment account in accordance with section 50 of this act.

             (3) Facilitate the exchange of information between groups concerned with families ((and)), children, and juvenile crime.

             (((3))) (4) Consult with applicable state agencies, commissions, and boards to help determine the probable effectiveness, fiscal soundness, and need for proposed educational and service programs for the prevention of child abuse and neglect and the prevention of juvenile crime.

             (((4))) (5) Establish fee schedules to provide for the recipients of services to reimburse the state general fund for the cost of services received.

             (((5))) (6) Adopt its own bylaws.

             (((6))) (7) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter.


             Sec. 53. RCW 43.121.090 and 1987 c 505 s 38 are each amended to read as follows:

             Subject to RCW 40.07.040, the council shall report biennially to the governor and to the legislature concerning the council's activities and the effectiveness of those activities in fostering the prevention of child abuse and neglect and juvenile crime."


             Renumber the remaining sections consecutively, correct internal references accordingly, and fix the title.


             With the consent of the House, amendment number 308 to amendment 138 was withdrawn.


             Representative Sheahan moved the adoption of the following amendment ( 309) to the amendment by Representative Radcliff: (138)


             Beginning on page 1, after line 7 of the amendment, strike all material through "crime." on page 4, line 38, and insert the following:

             "The legislature of the state of Washington finds that community deterioration and family disintegration are increasing problems in our state. One clear indicator of this damage is juvenile crime and violence. The legislature further finds that prevention is one of the best methods of fighting juvenile crime. Building more facilities to house juvenile offenders can be at best only one part of any solution. Any increased spending on confining juvenile offenders must be closely linked to existing efforts to prevent juvenile crime."


             Representatives Sheahan and Huff spoke in favor of the adoption of the amendment to the amendment.


             Representatives Radcliff and Tokuda spoke against the adoption of the amendment to the amendment.


             Representative Hatfield demanded an electronic roll call vote and the demand was sustained.


             The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of amendment 309 to amendment 138 to Third Substitute House Bill No. 3900.


ROLL CALL


             The Clerk called the roll on the adoption of the amendment to the amendment on page 1, line 7, to Third Substitute House Bill No. 3900 and the amendment was adopted by the following vote: Yeas - 52, Nays - 46, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Backlund, Boldt, Buck, Bush, Cairnes, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Grant, Hankins, Hickel, Honeyford, Huff, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mulliken, Parlette, Pennington, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 52.

             Voting nay: Representatives Anderson, Appelwick, Ballasiotes, Benson, Blalock, Butler, Carlson, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Hatfield, Johnson, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Mitchell, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Radcliff, Regala, Romero, Scott, Sheldon, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 46.


             The Speaker (Representative Pennington presiding) stated the question before the House was the adoption of amendment 138 as amended. The amendment as amended was adopted.


             Representative Dickerson moved the adoption of the following amendment by Representative Dickerson (263):


             Strike everything after the enacting clause and insert the following:


             "Sec. 1. RCW 5.60.060 and 1996 c 156 s 1 are each amended to read as follows:

             (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

             (2)(a) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

             (b) A parent shall not be examined as to a communication made by that parent's minor child to the child's attorney after the filing of juvenile offender or adult criminal charges, if the parent was present at the time of the communication. This privilege does not extend to communications made prior to filing of charges.

             (3) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

             (4) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

             (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

             (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

             (5) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

             (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling. The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling. The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor. The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

             (b) For purposes of this section, "peer support group counselor" means a:

             (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

             (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

             (7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate.

             (a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.

             (b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.


             Sec. 2. RCW 9.94A.030 and 1996 c 289 s 1 and 1996 c 275 s 5 are each reenacted and amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

             (2) "Commission" means the sentencing guidelines commission.

             (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

             (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120 (6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

             (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

             (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

             (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5). For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

             (8) "Confinement" means total or partial confinement as defined in this section.

             (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

             (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

             (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

             (12)(((a))) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (((i))) (a) whether the defendant has been placed on probation and the length and terms thereof; and (((ii))) (b) whether the defendant has been incarcerated and the length of incarceration.

             (((b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if: (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(9); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.))

             (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

             (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

             (15) "Department" means the department of corrections.

             (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

             (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

             (18) "Drug offense" means:

             (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

             (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

             (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

             (19) "Escape" means:

             (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

             (20) "Felony traffic offense" means:

             (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

             (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

             (22)(((a))) "First-time offender" means any person who is convicted of a felony (((i))) (a) not classified as a violent offense or a sex offense under this chapter, or (((ii))) (b) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, ((and except as provided in (b) of this subsection,)) who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

             (((b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.))

             (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

             (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

             (b) Assault in the second degree;

             (c) Assault of a child in the second degree;

             (d) Child molestation in the second degree;

             (e) Controlled substance homicide;

             (f) Extortion in the first degree;

             (g) Incest when committed against a child under age fourteen;

             (h) Indecent liberties;

             (i) Kidnapping in the second degree;

             (j) Leading organized crime;

             (k) Manslaughter in the first degree;

             (l) Manslaughter in the second degree;

             (m) Promoting prostitution in the first degree;

             (n) Rape in the third degree;

             (o) Robbery in the second degree;

             (p) Sexual exploitation;

             (q) Vehicular assault;

             (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

             (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

             (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

             (24) "Nonviolent offense" means an offense which is not a violent offense.

             (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

             (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

             (27) "Persistent offender" is an offender who:

             (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

             (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

             (b)(i) Has been convicted of (A) rape in the first degree, rape in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

             (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection.

             (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

             (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages. The sum may include both public and private costs. The imposition of a restitution order does not preclude civil redress.

             (30) "Serious traffic offense" means:

             (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

             (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

             (31) "Serious violent offense" is a subcategory of violent offense and means:

             (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

             (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

             (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

             (33) "Sex offense" means:

             (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

             (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

             (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

             (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

             (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

             (37) "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.

             (38) "Violent offense" means:

             (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, drive-by shooting, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

             (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

             (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

             (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew. Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

             (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

             (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school. Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

             (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.


             Sec. 3. RCW 9.94A.040 and 1996 c 232 s 1 are each amended to read as follows:

             (1) A sentencing guidelines commission is established as an agency of state government.

             (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

             (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

             (i) The purposes of this chapter as defined in RCW 9.94A.010; and

             (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

             The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

             (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards. If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

             (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification;

             (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

              (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

              (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and 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;

             (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards ((in accordance with RCW 9.94A.045)). The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year. The department of social and health services shall 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, and with recommendations for modification of the disposition standards. The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

             (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

             (i) Racial disproportionality in juvenile and adult sentencing;

             (ii) The capacity of state and local juvenile and adult facilities and resources; and

             (iii) Recidivism information on adult and juvenile offenders.

             (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following: Total confinement, partial confinement, community supervision, community service, and a fine.

             (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

             (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

             (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

             (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

             (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.


             Sec. 4. RCW 9.94A.120 and 1996 c 275 s 2, 1996 c 215 s 5, 1996 c 199 s 1, and 1996 c 93 s 1 are each reenacted and amended to read as follows:

             When a person is convicted of a felony, the court shall impose punishment as provided in this section.

             (1) Except as authorized in subsections (2), (4), (5), (6), and (8) of this section, the court shall impose a sentence within the sentence range for the offense.

             (2) The court may impose a sentence outside the standard sentence range for that offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (3) Whenever a sentence outside the standard range is imposed, the court shall set forth the reasons for its decision in written findings of fact and conclusions of law. A sentence outside the standard range shall be a determinate sentence.

             (4) A persistent offender shall be sentenced to a term of total confinement for life without the possibility of parole or, when authorized by RCW 10.95.030 for the crime of aggravated murder in the first degree, sentenced to death, notwithstanding the maximum sentence under any other law. An offender convicted of the crime of murder in the first degree shall be sentenced to a term of total confinement not less than twenty years. An offender convicted of the crime of assault in the first degree or assault of a child in the first degree where the offender used force or means likely to result in death or intended to kill the victim shall be sentenced to a term of total confinement not less than five years. An offender convicted of the crime of rape in the first degree shall be sentenced to a term of total confinement not less than five years. The foregoing minimum terms of total confinement are mandatory and shall not be varied or modified as provided in subsection (2) of this section. In addition, all offenders subject to the provisions of this subsection shall not be eligible for community custody, earned early release time, furlough, home detention, partial confinement, work crew, work release, or any other form of early release as defined under RCW 9.94A.150 (1), (2), (3), (5), (7), or (8), or any other form of authorized leave of absence from the correctional facility while not in the direct custody of a corrections officer or officers during such minimum terms of total confinement except in the case of an offender in need of emergency medical treatment or for the purpose of commitment to an inpatient treatment facility in the case of an offender convicted of the crime of rape in the first degree.

             (5) In sentencing a first-time offender the court may waive the imposition of a sentence within the sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses. The sentence may also include up to two years of community supervision, which, in addition to crime-related prohibitions, may include requirements that the offender perform any one or more of the following:

             (a) Devote time to a specific employment or occupation;

             (b) Undergo available outpatient treatment for up to two years, or inpatient treatment not to exceed the standard range of confinement for that offense;

             (c) Pursue a prescribed, secular course of study or vocational training;

             (d) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (e) Report as directed to the court and a community corrections officer; or

             (f) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030 and/or perform community service work.

             (6)(a) An offender is eligible for the special drug offender sentencing alternative if:

             (i) The offender is convicted of the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or a felony that is, under chapter 9A.28 RCW or RCW 69.50.407, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes, and the violation does not involve a sentence enhancement under RCW 9.94A.310 (3) or (4);

             (ii) The offender has no prior convictions for a felony in this state, another state, or the United States; and

             (iii) The offense involved only a small quantity of the particular controlled substance as determined by the judge upon consideration of such factors as the weight, purity, packaging, sale price, and street value of the controlled substance.

             (b) If the midpoint of the standard range is greater than one year and the sentencing judge determines that the offender is eligible for this option and that the offender and the community will benefit from the use of the special drug offender sentencing alternative, the judge may waive imposition of a sentence within the standard range and impose a sentence that must include a period of total confinement in a state facility for one-half of the midpoint of the standard range. During incarceration in the state facility, offenders sentenced under this subsection shall undergo a comprehensive substance abuse assessment and receive, within available resources, treatment services appropriate for the offender. The treatment services shall be designed by the division of alcohol and substance abuse of the department of social and health services, in cooperation with the department of corrections. If the midpoint of the standard range is twenty-four months or less, no more than three months of the sentence may be served in a work release status. The court shall also impose one year of concurrent community custody and community supervision that must include appropriate outpatient substance abuse treatment, crime-related prohibitions including a condition not to use illegal controlled substances, and a requirement to submit to urinalysis or other testing to monitor that status. The court may require that the monitoring for controlled substances be conducted by the department or by a treatment alternatives to street crime program or a comparable court or agency-referred program. The offender may be required to pay thirty dollars per month while on community custody to offset the cost of monitoring. In addition, the court shall impose three or more of the following conditions:

             (i) Devote time to a specific employment or training;

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer before any change in the offender's address or employment;

             (iii) Report as directed to a community corrections officer;

             (iv) Pay all court-ordered legal financial obligations;

             (v) Perform community service work;

             (vi) Stay out of areas designated by the sentencing judge.

             (c) If the offender violates any of the sentence conditions in (b) of this subsection, the department shall impose sanctions administratively, with notice to the prosecuting attorney and the sentencing court. Upon motion of the court or the prosecuting attorney, a violation hearing shall be held by the court. If the court finds that conditions have been willfully violated, the court may impose confinement consisting of up to the remaining one-half of the midpoint of the standard range. All total confinement served during the period of community custody shall be credited to the offender, regardless of whether the total confinement is served as a result of the original sentence, as a result of a sanction imposed by the department, or as a result of a violation found by the court. The term of community supervision shall be tolled by any period of time served in total confinement as a result of a violation found by the court.

             (d) The department shall determine the rules for calculating the value of a day fine based on the offender's income and reasonable obligations which the offender has for the support of the offender and any dependents. These rules shall be developed in consultation with the administrator for the courts, the office of financial management, and the commission.

             (7) If a sentence range has not been established for the defendant's crime, the court shall impose a determinate sentence which may include not more than one year of confinement, community service work, a term of community supervision not to exceed one year, and/or other legal financial obligations. The court may impose a sentence which provides more than one year of confinement if the court finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

             (8)(a)(i) When an offender is convicted of a sex offense other than a violation of RCW 9A.44.050 or a sex offense that is also a serious violent offense and has no prior convictions for a sex offense or any other felony sex offenses in this or any other state, the sentencing court, on its own motion or the motion of the state or the defendant, may order an examination to determine whether the defendant is amenable to treatment.

             The report of the examination shall include at a minimum the following: The defendant's version of the facts and the official version of the facts, the defendant's offense history, an assessment of problems in addition to alleged deviant behaviors, the offender's social 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 defendant's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:

             (A) Frequency and type of contact between offender and therapist;

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

             (C) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members and others;

             (D) Anticipated length of treatment; and

             (E) 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.

             (ii) After receipt of the reports, the court shall consider whether the offender and the community will benefit from use of this special sexual offender sentencing alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this subsection. If the court determines that this special sex offender sentencing alternative is appropriate, the court shall then impose a sentence within the sentence range. If this sentence is less than eight years of confinement, the court may suspend the execution of the sentence and impose the following conditions of suspension:

             (A) The court shall place the defendant on community custody for the length of the suspended sentence or three years, whichever is greater, and require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section; and

             (B) The court shall order treatment for any period up to three years in duration. The court in its discretion shall order outpatient sex offender treatment or inpatient sex offender treatment, if available. A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment. The offender shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the community corrections officer, and the court, and shall not change providers without court approval after a hearing if the prosecutor or community corrections officer object to the change. In addition, as conditions of the suspended sentence, the court may impose other sentence conditions including up to six months of confinement, not to exceed the sentence range of confinement for that offense, crime-related prohibitions, and requirements that the offender perform any one or more of the following:

             (I) Devote time to a specific employment or occupation;

             (II) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (III) Report as directed to the court and a community corrections officer;

             (IV) Pay all court-ordered legal financial obligations as provided in RCW 9.94A.030, perform community service work, or any combination thereof; or

             (V) Make recoupment to the victim for the cost of any counseling required as a result of the offender's crime.

             (iii) The sex offender therapist shall submit quarterly reports on the defendant's progress in treatment to the court and the parties. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, defendant's compliance with requirements, treatment activities, the defendant's relative progress in treatment, and any other material as specified by the court at sentencing.

             (iv) At the time of sentencing, the court shall set a treatment termination hearing for three months prior to the anticipated date for completion of treatment. Prior to the treatment termination hearing, the treatment professional and community corrections officer shall submit written reports to the court and parties regarding the defendant's compliance with treatment and monitoring requirements, and recommendations regarding termination from treatment, including proposed community supervision conditions. Either party may request and the court may order another evaluation regarding the advisability of termination from treatment. The defendant shall pay the cost of any additional evaluation ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost. At the treatment termination hearing the court may: (A) Modify conditions of community custody, and either (B) terminate treatment, or (C) extend treatment for up to the remaining period of community custody.

             (v) If a violation of conditions occurs during community custody, the department shall either impose sanctions as provided for in RCW 9.94A.205(2)(a) or refer the violation to the court and recommend revocation of the suspended sentence as provided for in (a)(vi) of this subsection.

             (vi) The court may revoke the suspended sentence at any time during the period of community custody and order execution of the sentence if: (A) The defendant violates the conditions of the suspended sentence, or (B) the court finds that the defendant is failing to make satisfactory progress in treatment. All confinement time served during the period of community custody shall be credited to the offender if the suspended sentence is revoked.

             (vii) Except as provided in (a) (viii) of this subsection, 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.

              (viii) A sex offender therapist who examines or treats a sex offender pursuant to this subsection (8) 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 (8) and the rules adopted by the department of health.

             (ix) For purposes of this subsection (8), "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a result of the crime charged. "Victim" also means a parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

             (x) If the defendant was less than eighteen years of age when the charge was filed, the state shall pay for the cost of initial evaluation and treatment.

             (b) When an offender commits any felony sex offense on or after July 1, 1987, and is sentenced to a term of confinement of more than one year but less than six years, the sentencing court may, on its own motion or on the motion of the offender or the state, request the department of corrections to evaluate whether the offender is amenable to treatment and the department may place the offender in a treatment program within a correctional facility operated by the department.

             Except for an offender who has been convicted of a violation of RCW 9A.44.040 or 9A.44.050, if the offender completes the treatment program before the expiration of his or her term of confinement, the department of corrections may request the court to convert the balance of confinement to community supervision and to place conditions on the offender including crime-related prohibitions and requirements that the offender perform any one or more of the following:

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

             (ii) Remain within prescribed geographical boundaries and notify the court or the community corrections officer prior to any change in the offender's address or employment;

             (iii) Report as directed to the court and a community corrections officer;

             (iv) Undergo available outpatient treatment.

             If the offender violates any of the terms of his or her community supervision, the court may order the offender to serve out the balance of his or her community supervision term in confinement in the custody of the department of corrections.

             Nothing in this subsection (8)(b) shall confer eligibility for such programs for offenders convicted and sentenced for a sex offense committed prior to July 1, 1987. This subsection (8)(b) does not apply to any crime committed after July 1, 1990.

             (c) Offenders convicted and sentenced for a sex offense committed prior to July 1, 1987, may, subject to available funds, request an evaluation by the department of corrections to determine whether they are amenable to treatment. If the offender is determined to be amenable to treatment, the offender may request placement in a treatment program within a correctional facility operated by the department. Placement in such treatment program is subject to available funds.

             (9)(a) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense or a serious violent offense committed after July 1, 1988, but before July 1, 1990, assault in the second degree, assault of a child in the second degree, any crime against a person where it is determined in accordance with RCW 9.94A.125 that the defendant or an accomplice was armed with a deadly weapon at the time of commission, or any felony offense under chapter 69.50 or 69.52 RCW not sentenced under subsection (6) of this section, committed on or after July 1, 1988, the court shall in addition to the other terms of the sentence, sentence the offender to a one-year term of community placement beginning either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of such community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence.

             (b) When a court sentences a person to a term of total confinement to the custody of the department of corrections for an offense categorized as a sex offense committed on or after July 1, 1990, but before June 6, 1996, a serious violent offense, vehicular homicide, or vehicular assault, committed on or after July 1, 1990, the court shall in addition to other terms of the sentence, sentence the offender to community placement for two years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community placement shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2). When the court sentences an offender under this subsection to the statutory maximum period of confinement then the community placement portion of the sentence shall consist entirely of the community custody to which the offender may become eligible, in accordance with RCW 9.94A.150 (1) and (2). Any period of community custody actually served shall be credited against the community placement portion of the sentence. Unless a condition is waived by the court, the terms of community placement for offenders sentenced pursuant to this section shall include the following conditions:

             (i) The offender shall report to and be available for contact with the assigned community corrections officer as directed;

             (ii) The offender shall work at department of corrections-approved education, employment, and/or community service;

             (iii) The offender shall not consume controlled substances except pursuant to lawfully issued prescriptions;

             (iv) An offender in community custody shall not unlawfully possess controlled substances;

             (v) The offender shall pay supervision fees as determined by the department of corrections; and

             (vi) The residence location and living arrangements are subject to the prior approval of the department of corrections during the period of community placement.

             (c) As a part of any sentence imposed under (a) or (b) of this subsection, the court may also order any of the following special conditions:

             (i) The offender shall remain within, or outside of, a specified geographical boundary;

             (ii) The offender shall not have direct or indirect contact with the victim of the crime or a specified class of individuals;

             (iii) The offender shall participate in crime-related treatment or counseling services;

             (iv) The offender shall not consume alcohol;

             (v) The offender shall comply with any crime-related prohibitions; or

             (vi) For an offender convicted of a felony sex offense against a minor victim after June 6, 1996, the offender shall comply with any terms and conditions of community placement imposed by the department of corrections relating to contact between the sex offender and a minor victim or a child of similar age or circumstance as a previous victim.

             (d) Prior to transfer to, or during, community placement, any conditions of community placement may be removed or modified so as not to be more restrictive by the sentencing court, upon recommendation of the department of corrections.

             (10)(a) When a court sentences a person to the custody of the department of corrections for an offense categorized as a sex offense committed on or after June 6, 1996, the court shall, in addition to other terms of the sentence, sentence the offender to community custody for three years or up to the period of earned early release awarded pursuant to RCW 9.94A.150 (1) and (2), whichever is longer. The community custody shall begin either upon completion of the term of confinement or at such time as the offender is transferred to community custody in lieu of earned early release in accordance with RCW 9.94A.150 (1) and (2).

             (b) Unless a condition is waived by the court, the terms of community custody shall be the same as those provided for in subsection (9)(b) of this section and may include those provided for in subsection (9)(c) of this section. As part of any sentence that includes a term of community custody imposed under this subsection, the court shall also require the offender to comply with any conditions imposed by the department of corrections under subsection (14) of this section.

             (c) At any time prior to the completion of a sex offender's term of community custody, if the court finds that public safety would be enhanced, the court may impose and enforce an order extending any or all of the conditions imposed pursuant to this section for a period up to the maximum allowable sentence for the crime as it is classified in chapter 9A.20 RCW, regardless of the expiration of the offender's term of community custody. If a violation of a condition extended under this subsection occurs after the expiration of the offender's term of community custody, it shall be deemed a violation of the sentence for the purposes of RCW 9.94A.195 and may be punishable as contempt of court as provided for in RCW 7.21.040.

             (11) If the court imposes a sentence requiring confinement of thirty days or less, the court may, in its discretion, specify that the sentence be served on consecutive or intermittent days. A sentence requiring more than thirty days of confinement shall be served on consecutive days. Local jail administrators may schedule court-ordered intermittent sentences as space permits.

             (12) If a sentence imposed includes payment of a legal financial obligation, the sentence shall specify the total amount of the legal financial obligation owed, and shall require the offender to pay a specified monthly sum toward that legal financial obligation. Restitution to victims shall be paid prior to any other payments of monetary obligations. Any legal financial obligation that is imposed by the court may be collected by the department, which shall deliver the amount paid to the county clerk for credit. The offender's compliance with payment of legal financial obligations shall be supervised by the department. All monetary payments ordered shall be paid no later than ten years after the last date of release from confinement pursuant to a felony conviction or the date the sentence was entered. Independent of the department, the party or entity to whom the legal financial obligation is owed shall have the authority to utilize any other remedies available to the party or entity to collect the legal financial obligation. Nothing in this section makes the department, the state, or any of its employees, agents, or other persons acting on their behalf liable under any circumstances for the payment of these legal financial obligations. If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.

             (13) Except as provided under RCW 9.94A.140(1) and 9.94A.142(1), a court may not impose a sentence providing for a term of confinement or community supervision or community placement which exceeds the statutory maximum for the crime as provided in chapter 9A.20 RCW.

             (14) All offenders sentenced to terms involving community supervision, community service, community placement, or legal financial obligation shall be under the supervision of the department of corrections and shall follow explicitly the instructions and conditions of the department of corrections.

             (a) The instructions shall include, at a minimum, reporting as directed to a community corrections officer, remaining within prescribed geographical boundaries, notifying the community corrections officer of any change in the offender's address or employment, and paying the supervision fee assessment.

             (b) For sex offenders sentenced to terms involving community custody for crimes committed on or after June 6, 1996, the department may include, in addition to the instructions in (a) of this subsection, any appropriate conditions of supervision, including but not limited to, prohibiting the offender from having contact with any other specified individuals or specific class of individuals. The conditions authorized under this subsection (14)(b) may be imposed by the department prior to or during a sex offender's community custody term. If a violation of conditions imposed by the court or the department pursuant to subsection (10) of this section occurs during community custody, it shall be deemed a violation of community placement for the purposes of RCW 9.94A.207 and shall authorize the department to transfer an offender to a more restrictive confinement status as provided in RCW 9.94A.205. At any time prior to the completion of a sex offender's term of community custody, the department may recommend to the court that any or all of the conditions imposed by the court or the department pursuant to subsection (10) of this section be continued beyond the expiration of the offender's term of community custody as authorized in subsection (10)(c) of this section.

             The department may require offenders to pay for special services rendered on or after July 25, 1993, including electronic monitoring, day reporting, and telephone reporting, dependent upon the offender's ability to pay. The department may pay for these services for offenders who are not able to pay.

             (15) All offenders sentenced to terms involving community supervision, community service, or community placement under the supervision of the department of corrections shall not own, use, or possess firearms or ammunition. Offenders who own, use, or are found to be in actual or constructive possession of firearms or ammunition shall be subject to the appropriate violation process and sanctions. "Constructive possession" as used in this subsection means the power and intent to control the firearm or ammunition. "Firearm" as used in this subsection means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.

             (16) The sentencing court shall give the offender credit for all confinement time served before the sentencing if that confinement was solely in regard to the offense for which the offender is being sentenced.

             (17) A departure from the standards in RCW 9.94A.400 (1) and (2) governing whether sentences are to be served consecutively or concurrently is an exceptional sentence subject to the limitations in subsections (2) and (3) of this section, and may be appealed by the defendant or the state as set forth in RCW 9.94A.210 (2) through (6).

             (18) The court shall order restitution whenever the offender is convicted of a felony that results in injury to any person or damage to or loss of property, whether the offender is sentenced to confinement or placed under community supervision, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment. The court shall set forth the extraordinary circumstances in the record if it does not order restitution.

             (19) As a part of any sentence, the court may impose and enforce an order that relates directly to the circumstances of the crime for which the offender has been convicted, prohibiting the offender from having any contact with other specified individuals or a specific class of individuals for a period not to exceed the maximum allowable sentence for the crime, regardless of the expiration of the offender's term of community supervision or community placement.

             (20) In any sentence of partial confinement, the court may require the defendant to serve the partial confinement in work release, in a program of home detention, on work crew, or in a combined program of work crew and home detention.

             (21) All court-ordered legal financial obligations collected by the department and remitted to the county clerk shall be credited and paid where restitution is ordered. Restitution shall be paid prior to any other payments of monetary obligations.


             Sec. 5. RCW 9.94A.360 and 1995 c 316 s 1 and 1995 c 101 s 1 are each reenacted and amended to read as follows:

             The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:

             The offender score is the sum of points accrued under this section rounded down to the nearest whole number.

             (1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.

             (2) ((Except as provided in subsection (4) of this section,)) Class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.

             (3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.

             (4) ((Always include juvenile convictions for sex offenses and serious violent offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.

             (5))) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.

             (((6))) (5)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:

             (i) Prior ((adult)) offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently or prior juvenile offenses for which sentences were served consecutively, whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior ((adult)) offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations; and

             (ii) ((Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and

             (iii))) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.

             (b) As used in this subsection (((6))) (5), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.

             (((7))) (6) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.

             (((8))) (7) If the present conviction is for a nonviolent offense and not covered by subsection (11) or (12) ((or (13))) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and ½ point for each juvenile prior nonviolent felony conviction.

             (((9))) (8) If the present conviction is for a violent offense and not covered in subsection (9), (10), (11), or (12)((, or (13))) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

             (((10))) (9) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnapping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and ½ point for each prior juvenile nonviolent felony conviction.

             (((11))) (10) If the present conviction is for Burglary 1, count prior convictions as in subsection (((9))) (8) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.

             (((12))) (11) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and ½ point for each juvenile prior conviction.

             (((13))) (12) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (((9))) (8) of this section if the current drug offense is violent, or as in subsection (((8))) (7) of this section if the current drug offense is nonviolent.

             (((14))) (13) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as ½ point.

             (((15))) (14) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as ½ point.

             (((16))) (15) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (((8))) (7) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.

             (((17))) (16) If the present conviction is for a sex offense, count priors as in subsections (((8))) (7) through (((16))) (15) of this section; however count three points for each adult and juvenile prior sex offense conviction.

             (((18))) (17) If the present conviction is for an offense committed while the offender was under community placement, add one point.


             Sec. 6. RCW 9A.04.050 and 1975 1st ex.s. c 260 s 9A.04.050 are each amended to read as follows:

             Children under the age of eight years are incapable of committing crime. Children of eight and under twelve years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. The court shall hold a hearing to determine whether a child who is ten or eleven years of age and who is alleged to have committed an offense has the capacity to understand the alleged act or neglect and that it is wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct ((his)) the child's examination by one or more physicians, whose opinion shall be competent evidence upon the question of ((his)) the child's age.


             Sec. 7. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and 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:

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

             (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;

             (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

             (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

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

             (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

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

             (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense, or traffic or civil 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, and no guardian ad litem is required in any such proceeding due to the juvenile's age: 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: 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; or

             (iv) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

             If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

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

             (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;

             (h) Relating to court validation of a voluntary consent to an out-of-home 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; and

             (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.

             (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.

             (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.


             Sec. 8. RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:

             (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.

             (2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders, as defined by this chapter, be established. It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that ((both)) communities, families, and the juvenile courts carry out their functions consistent with this intent. To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:

             (a) Protect the citizenry from criminal behavior;

             (b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

             (c) Make the juvenile offender accountable for his or her criminal behavior;

             (d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

             (e) Provide due process for juveniles alleged to have committed an offense;

             (f) Provide necessary treatment, supervision, and custody for juvenile offenders;

             (g) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;

             (h) Provide for restitution to victims of crime;

             (i) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels; ((and))

             (j) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; and

             (k) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.


             Sec. 9. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and 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;

             (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 or an order granting a deferred ((adjudication)) disposition pursuant to RCW 13.40.125. 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. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

             (a) Community-based sanctions;

             (b) Community-based rehabilitation;

             (c) Monitoring and reporting requirements;

             (d) Posting of a probation bond ((imposed pursuant to RCW 13.40.0357));

             (((4))) (3) Community-based sanctions may include one or more of the following:

             (a) A fine, not to exceed ((one)) five 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: Employment; attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, 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 officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

             (((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. 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;

             (((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. A successfully completed deferred adjudication that was entered before the effective date of this act or a deferred disposition 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, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

             (((12))) (11) "Diversion unit" means any probation 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;

             (15) "Local sanctions" mean one or more of the following: (a) 0-30 days of confinement; (b) 0-12 months of community supervision; (c) 0-150 hours of community service; or (d) $0-$500 fine;

             (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 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; and

             (d) Three gross misdemeanors.

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

             (((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;

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

             (((29))) (27) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

             (((30))) (28) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case.


             Sec. 10. RCW 13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:

             

((SCHEDULE A))

DESCRIPTION AND OFFENSE CATEGORY


JUVENILE                                                                JUVENILE DISPOSITION

DISPOSITIONCATEGORY 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

      B+        Drive-By Shooting

                    (9A.36.045)                                                         C+

      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           Residential Burglary

                    (9A.52.025)                                                         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

      C           Vehicle Prowling 1 (9A.52.095)                         D

      D          Vehicle Prowling 2 (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 or

                    Methamphetamine Sale

                    (69.50.401(a)(1)(i) or (ii))                                   B+

      C           Violation of Uniform Controlled

                    Substances Act - Nonnarcotic Sale

                    (69.50.401(a)(1)(iii))                                           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           Unlawful Inhalation (9.47A.020)                        E

      B           Violation of Uniform Controlled

                    Substances Act - Narcotic or

                    Methamphetamine

                    Counterfeit Substances

                    (69.50.401(b)(1)(i) or (ii))                                  B

      C           Violation of Uniform Controlled

                    Substances Act - Nonnarcotic

                    Counterfeit Substances

                    (69.50.401(b)(1) (iii), (iv),

                    (v))                                                                      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

      B           Theft of Firearm (9A.56.300)                             C

      B           Possession of Stolen Firearm

                    (9A.56.310)                                                         C

      E           Carrying Loaded Pistol Without

                    Permit (9.41.050)                                                E

      C           Possession of Firearms by Minor (<18)

                    (9.41.040(1) (b)(((iv))) (iii))                               C

      D+        Possession of Dangerous Weapon

                    (9.41.250)                                                            E

      D          Intimidating Another Person by use

                    of Weapon (9.41.270)                                         E

                    Homicide

      A+        Murder 1 (9A.32.030)                                         A

      A+        Murder 2 (9A.32.050)                                         B+

      B+        Manslaughter 1 (9A.32.060)                               C+

      C+        Manslaughter 2 (9A.32.070)                               D+

      B+        Vehicular Homicide (46.61.520)                        C+

                    Kidnapping

      A          Kidnap 1 (9A.40.020)                                         B+

      B+        Kidnap 2 (9A.40.030)                                         C+

      C+        Unlawful Imprisonment

                    (9A.40.040)                                                         D+

                    Obstructing Governmental Operation

      ((E))

      D          Obstructing a Law Enforcement

                    Officer (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+

                    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+        Indecent Exposure

                    (Victim <14) (9A.88.010)                                   E

      E           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+))                                                                                ((C+))

      A-         Child Molestation 1 (9A.44.083)                        B+

      ((C+))

      B           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.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

                    (46.61.502 and 46.61.504)                                  E

      ((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

      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)) must be used for ((minor/first)) juvenile offenders. ((After the determination is made that a youth is a minor/first offender,)) The court ((has the discretion to)) may select sentencing option A, B, or C.


((MINOR/FIRST 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

 

OR

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

Posting of a Probation Bond

A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.

 

OR

OPTION C

MANIFEST INJUSTICE

When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(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            Fine                                                                              Days Weeks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

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

90-109 9-12 months                   and/or 56-72            and/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 110 points or more do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks))


OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

                                                                                                                                                                            

                      A+    180 WEEKS TO AGE 21 YEARS

                                                                                                                                                                            

                      A      103 WEEKS TO 129 WEEKS

                                                                                                           

                      A-                            |52-65   |80-100 |

                                                      |WEEKS           |WEEKS           |

                                24-36                                                                                           

Current          B+    WEEKS                                   |52-65   |80-100 |

Offense                                                                    |WEEKS           |WEEKS           |

Category                                                                                                                                                       

                      B                                                        |                                                   |52-65

                                                                                 |24-36 WEEKS              |WEEKS

                                                                                                                                                                            

                      C+                                                                                |

                                                                                                           |                         24-36 WEEKS

                                                                                                                                     

                      C                              Local Sanctions                                        |

                                                                                                                                     |

                                                      0 to 30 Days                                                                                          

                      D+                           0 to 12 Months Community Supervision

                                                      0 to 150 Hours Community Service 

                      D                             $0 to $500 Fine

 

                      E 

                                                                                                                                                                            

                                      0                           1                        2                        3                        4                   >4


OFFENDER SCORE

NOTE: References in the grid to days or weeks mean periods of confinement.

             (1) The vertical axis of the juvenile offender sentencing grid is the current offense category. The current offense category is determined by the offense of adjudication.

             (2) The offender score is measured on the horizontal axis of the juvenile offender sentencing grid. The offender score is the sum of points accrued under this subsection rounded down to the nearest whole number.

             (a) Each prior felony adjudication counts as one point.

             (b) Each prior misdemeanor or gross misdemeanor adjudication counts as one-fourth point.

             (c) Prior adjudications for violations are not included in the grid but may be considered by the court in determining whether a disposition within the standard range would effectuate a manifest injustice.

             (3) The standard range disposition for each offense is determined by the intersection of the column defined by the offender score and the row defined by the current offense category.

             (4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

             (5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation may not include confinement.


OR

OPTION B

((STATUTORY OPTION))


CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

((0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

Posting of a Probation Bond

 

If the 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.))

             If the ((middle)) juvenile offender ((has 110 points or more)) is subject to a standard range disposition of local sanctions or 24 to 36 weeks of confinement and has not committed an A- or B+ offense, 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 for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150)) RCW 13.40.160(5) and section 25 of this act.


OR

OPTION C

MANIFEST INJUSTICE


If the court determines that a disposition under option 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(2) shall be used to determine the range)) impose a disposition outside the standard range under RCW 13.40.160(2).


((JUVENILE SENTENCING STANDARDS

SCHEDULE D-3


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


SERIOUS OFFENDER

OPTION A

STANDARD RANGE


      Points                                    Institution Time

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      0-129                                    8-12 weeks

      130-149                                13-16 weeks

      150-199                                21-28 weeks

      200-249                                30-40 weeks

      250-299                                52-65 weeks

      300-374                                80-100 weeks

      375+                                     103-129 weeks

      All A+ Offenses                   180-224 weeks

 

OR

OPTION B

MANIFEST INJUSTICE

 

A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision including posting a probation bond 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(2) shall be used to determine the range.))


      Sec. 11. RCW 13.40.040 and 1995 c 395 s 4 are each amended to read as follows:

      (1) A juvenile may be taken into custody:

      (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

      (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

      (c) Pursuant to a court order that the juvenile be held as a material witness; or

      (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.

      (2) A juvenile may not be held in detention unless there is probable cause to believe that:

      (a) The juvenile has committed an offense or has violated the terms of a disposition order; and

      (i) The juvenile will likely fail to appear for further proceedings; or

      (ii) Detention is required to protect the juvenile from himself or herself; or

      (iii) The juvenile is a threat to community safety; or

      (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

      (v) The juvenile has committed a crime while another case was pending; or

      (b) The juvenile is a fugitive from justice; or

      (c) The juvenile's parole has been suspended or modified; or

      (d) The juvenile is a material witness.

      (3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

      (4) A juvenile detained under this section may be released upon posting a probation bond set by the court. The juvenile's parent or guardian may sign for the probation bond. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release. The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond. If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety. As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance. A juvenile may be released only to a responsible adult or the department of social and health services. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.


      Sec. 12. RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:

      The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody. The secretary, assistant secretary, or the secretary's designee may issue arrest warrants for juveniles who abscond from parole supervision or fail to meet conditions of parole. 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. 13. RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows:

      (1) When a juvenile taken into custody is held in detention:

      (a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and

      (b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.

      (2) Notice of the detention hearing, stating the time, place, and purpose of the hearing, ((and)) stating the right to counsel, and requiring attendance shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.

      (3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.

      (4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.

      (5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 ((as now or hereafter amended)).

      (6) If detention is not necessary under RCW 13.40.040, ((as now or hereafter amended,)) the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:

      (a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;

      (b) Place restrictions on the travel of the juvenile during the period of release;

      (c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;

      (d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;

      (e) Require that the juvenile return to detention during specified hours; or

      (f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4).

      (7) A juvenile may be released only to a responsible adult or the department of social and health services.

      (8) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.

      (9) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.


      Sec. 14. RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:

      (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.

      (2) ((The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing. All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.

      (3))) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order. The court of the receiving county has jurisdiction to modify and enforce the disposition order.

      (((4))) (3) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun.


      Sec. 15. RCW 13.40.070 and 1994 sp.s. c 7 s 543 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, or 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))) 9.41.040(1)(b)(iii); or

      (b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; or

      (c) An alleged offender has previously been committed to the department; or

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

      (e) An alleged offender has two or more diversion 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 firearm 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 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 counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

      (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Such mediation or victim offender reconciliation programs shall be voluntary for victims.


      Sec. 16. RCW 13.40.077 and 1996 c 9 s 1 are each amended to read as follows:

RECOMMENDED PROSECUTING STANDARDS

FOR CHARGING AND PLEA DISPOSITIONS

      INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.

      Evidentiary sufficiency.

      (1) Decision not to prosecute.

      STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.

      GUIDELINES/COMMENTARY:

      Examples

      The following are examples of reasons not to prosecute which could satisfy the standard.

      (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

      (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

      (i) It has not been enforced for many years;

      (ii) Most members of society act as if it were no longer in existence;

      (iii) It serves no deterrent or protective purpose in today's society; and

      (iv) The statute has not been recently reconsidered by the legislature.

      This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

      (c) De Minim is Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

      (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

      (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

      (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

      (iii) Conviction of the new offense would not serve any significant deterrent purpose.

      (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

      (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

      (ii) Conviction in the pending prosecution is imminent;

      (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

      (iv) Conviction of the new offense would not serve any significant deterrent purpose.

      (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases.

      (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.

      (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

      (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

      (i) Assault cases where the victim has suffered little or no injury;

      (ii) Crimes against property, not involving violence, where no major loss was suffered;

      (iii) Where doing so would not jeopardize the safety of society.

      Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

      The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

      Notification

      The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

      (2) Decision to prosecute.

      STANDARD:

      Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under RCW 13.40.160(((5))) (4).

      Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

      The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.440(2).

      The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.

      (3) Selection of Charges/Degree of Charge

      (a) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:

      (i) Will significantly enhance the strength of the state's case at trial; or

      (ii) Will result in restitution to all victims.

      (b) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:

      (i) Charging a higher degree;

      (ii) Charging additional counts.

      This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

      (4) Police Investigation

      A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:

      (a) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

      (b) The completion of necessary laboratory tests; and

      (c) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

      If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

      (5) Exceptions

      In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

      (a) Probable cause exists to believe the suspect is guilty; and

      (b) The suspect presents a danger to the community or is likely to flee if not apprehended; or

      (c) The arrest of the suspect is necessary to complete the investigation of the crime.

      In the event that the exception ((that [to])) to the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

      (6) Investigation Techniques

      The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

      (a) Polygraph testing;

      (b) Hypnosis;

      (c) Electronic surveillance;

      (d) Use of informants.

      (7) Prefiling Discussions with Defendant

      Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

      (8) Plea dispositions:

      STANDARD

      (a) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.

      (b) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:

      (i) Evidentiary problems which make conviction of the original charges doubtful;

      (ii) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;

      (iii) A request by the victim when it is not the result of pressure from the respondent;

      (iv) The discovery of facts which mitigate the seriousness of the respondent's conduct;

      (v) The correction of errors in the initial charging decision;

      (vi) The respondent's history with respect to criminal activity;

      (vii) The nature and seriousness of the offense or offenses charged;

      (viii) The probable effect of witnesses.

      (c) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent. This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as "Option B," the Special Sex Offender Disposition Alternative, and manifest injustice.

      (9) Disposition recommendations:

      STANDARD

      The prosecutor may reach an agreement regarding disposition recommendations.

      The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.


      Sec. 17. RCW 13.40.080 and 1996 c 124 s 1 are each amended to read as follows:

      (1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.

      (2) A diversion agreement shall be limited to 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;

      (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency. The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills. For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit. 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;

      (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) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

      (b) 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.

      (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. The court may not require the juvenile to pay full or partial restitution if the juvenile 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 the restitution over a ten-year period. 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. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

      (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))). 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;

      (c) The juvenile's obligations under such agreement;

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

      (e) The facts of the alleged offense.

      (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))). 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.


      Sec. 18. RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows:

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

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

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

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

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

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

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

      (8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.


      Sec. 19. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:

      (1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held ((where)) when:

      (a) The respondent is fifteen((, sixteen, or seventeen)) years of age and the information alleges a class A felony or an attempt, solicitation, or conspiracy to commit a class A felony; or

      (b) The respondent is seventeen years of age and the information alleges ((assault in the second degree, extortion in the first degree,)) indecent liberties((,)) without forcible compulsion or child molestation in the second degree((, kidnapping in the second degree, or robbery in the second degree)).

      (2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.

      (3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.


      Sec. 20. RCW 13.40.125 and 1995 c 395 s 6 are each amended to read as follows:

      (1) Upon motion at least fourteen days before commencement of trial, 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 ((adjudication)) disposition for a period not to exceed one year from the date ((the motion is granted)) of entry of a plea of guilty or a finding of guilt following a hearing under subsection (5) of this section. The court may continue the case for an additional one-year period for good cause.

      (2) Any juvenile granted a deferral of ((adjudication)) disposition under this section shall be placed under community supervision. The court may impose any conditions of supervision that it deems appropriate including posting a probation bond. 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 conditions of supervision, the respondent's adjudication shall be vacated and 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. A parent who signed for a probation bond or deposited cash may notify the counselor if the juvenile fails to comply with the bond or conditions of supervision. The counselor shall notify the court and surety. A surety shall notify the court of the juvenile's failure to comply with the probation bond. 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)) disposition, the juvenile shall waive all rights:

      (a) To a speedy trial and disposition;

      (b) To call and confront witnesses; and

      (c) To a hearing on the record. The adjudicatory hearing shall be limited to a reading of the court's record.

      (6) A juvenile is not eligible for a deferred ((adjudication)) disposition if:

      (a) The juvenile's current offense is a sex or violent offense;

      (b) The juvenile's criminal history includes any felony;

      (c) The juvenile has a prior deferred ((adjudication)) disposition; or

      (d) The juvenile has had more than two diversions.


      Sec. 21. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

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

      (2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of a juvenile described in the charging document of the dispositional or adjudicatory hearing and shall require attendance.

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

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

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

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

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

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

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

      (10) A person notified under this section who fails without reasonable cause to appear and abide by the order of the court may be proceeded against as for contempt of court. In determining whether a parent, guardian, or custodian had reasonable cause not to appear, the court may consider all factors relevant to the person's ability to appear as summoned.


      Sec. 22. RCW 13.40.135 and 1990 c 3 s 604 are each amended to read as follows:

      (1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c) when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact-finder.

      (2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation. The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense. This finding shall not be applied to sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c).

      (3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal. The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.


      Sec. 23. RCW 13.40.150 and 1995 c 268 s 5 are each amended to read as follows:

      (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.

      (2) For purposes of disposition:

      (a) Violations which are current offenses count as misdemeanors;

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

      (c) In no event may a disposition for a violation include confinement.

      (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

      (a) Consider the facts supporting the allegations of criminal conduct by the respondent;

      (b) Consider information and arguments offered by parties and their counsel;

      (c) Consider any predisposition reports;

      (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;

      (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;

      (f) Determine the amount of restitution owing to the victim, if any, or set a hearing for a later date to determine that amount;

      (g) ((Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;

      (h))) Consider whether or not any of the following mitigating factors exist:

      (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;

      (ii) The respondent acted under strong and immediate provocation;

      (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;

      (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and

      (v) There has been at least one year between the respondent's current offense and any prior criminal offense;

      (((i))) (h) 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 13.40.135;

      (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; and

      (viii) The standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications.

      (4) The following factors may not be considered in determining the punishment to be imposed:

      (a) The sex of the respondent;

      (b) The race or color of the respondent or the respondent's family;

      (c) The creed or religion of the respondent or the respondent's family;

      (d) The economic or social class of the respondent or the respondent's family; and

      (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

      (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.


      Sec. 24. RCW 13.40.160 and 1995 c 395 s 7 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.)) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

      (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 Option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), and (5) of this section. The disposition may be comprised of one or more local sanctions.

      (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 Option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), and (5) of this section.

      (2) 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)) C 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) shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230.

      (((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 subsections (5) and (6) 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) 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, disposition may be appealed as provided in RCW 13.40.230 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.))

      (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).

      (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. 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) If the middle offender has less than 110 points, 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. If the middle offender has 110 points or more, 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 violates any condition of the disposition including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of 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.

      (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) 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 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.

      (5))) When a ((serious, middle, or minor first)) juvenile 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, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for ((up to)) at least 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 counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

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

      (iv) Report to the prosecutor and the probation 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 counselor;

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

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

      (viii) Comply with the conditions of any court-ordered probation bond.

      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))) (4), 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))) (4) 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 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. 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))) A disposition entered under this subsection (4) is not appealable under RCW 13.40.230.

      (5) If the juvenile offender is subject to a standard range disposition of local sanctions or 24 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under section 25 of this act.

      (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

      (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.

      (8) Except as provided ((for in)) under subsection (4)(((b))) or (5) of this section or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.

      (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.


      NEW SECTION. Sec. 25. A new section is added to chapter 13.40 RCW to read as follows:

      (1) When a juvenile offender is subject to a standard range disposition of local sanctions or 24 to 36 weeks of confinement and has not committed an A- or B+ offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the youth is chemically dependent and amenable to treatment.

      (2) 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 drug-alcohol problems and previous treatment attempts, the respondent's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.

      (3) 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) Whether inpatient and/or outpatient treatment is recommended;

      (b) Availability of appropriate treatment;

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

      (d) Anticipated length of treatment;

      (e) Recommended crime-related prohibitions; and

      (f) Whether the respondent is amenable to treatment.

      (4) 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 examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.

      (5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependency disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.

      (b) If the court determines that this chemical dependency disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community service, and payment of legal financial obligations and restitution.

      (6) The drug/alcohol treatment provider shall submit monthly 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.

      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 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.

      (7) 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 offense charged.

      (8) 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.

      (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) A disposition under this section is not appealable under RCW 13.40.230.


      Sec. 26. RCW 13.40.190 and 1996 c 124 s 2 are each amended to read as follows:

      (1) In its dispositional order, the court shall require the respondent 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 including a payment plan extending up to ten years after the respondent's eighteenth birthday if the court determines that the respondent does not have the means to make full restitution over a shorter period. 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. For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday. ((The court may not require the respondent to pay full or partial restitution if the respondent 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 over a ten-year period.))

      (2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

      (3) 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.

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


      Sec. 27. RCW 13.40.193 and 1994 sp.s. c 7 s 525 are each amended 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))) (b)(iii), the court shall impose a ((determinate)) minimum disposition of ten days of confinement ((and up to twelve months of community supervision)). If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition. The offender shall not be released until the offender has served a minimum of ten days in confinement.

      (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160. ((Ninety days of confinement shall be added to the entire standard range disposition of confinement)) If the offender or an accomplice was armed with a firearm when the offender committed((: (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense. If the offender or an accomplice was armed with a firearm 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, ninety days shall be added to the entire standard range disposition of confinement)) any felony other than possession of a machine gun, possession of a stolen firearm, reckless endangerment in the first degree, theft of a firearm, unlawful possession of a firearm in the first and second degree, or use of a machine gun in a felony, the following periods of total confinement must be added to the sentence: For a class A felony, six months; for a class B felony, four months; and for a class C felony, two months. The ((ninety days)) additional time 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 ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.))

      (3) ((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.

      (4) Any term of confinement ordered pursuant to this section may run concurrently to any term of confinement imposed in the same disposition for other offenses.


      Sec. 28. RCW 13.40.200 and 1995 c 395 s 8 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 willful 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 willfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.

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

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

      (5) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in RCW 13.40.054.


      Sec. 29. RCW 13.40.210 and 1994 sp.s. c 7 s 527 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, set a release or discharge date for each juvenile committed to its custody. The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 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. 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 time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

      (3) Following the juvenile's release under 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 and, in the discretion of the secretary, may be up to thirty-six months when the secretary believes that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile. 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 shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to: (a) Undergo available medical ((or)), psychiatric ((treatment)), drug and alcohol, sex offender, mental health, and other offense-related treatment services; (b) report as directed to a parole officer and/or designee; (c) pursue a course of study ((or)) , vocational training, or employment; ((and)) (d) notify the parole officer of the current address where he or she resides; (e) be present at a particular address during specified hours; (f) remain within prescribed geographical boundaries ((and notify the department of any change in his or her address)); (g) submit to electronic monitoring; (h) refrain from using illegal drugs and alcohol and submit to random urinalysis when requested by the assigned parole officer; (i) refrain from contact with specific individuals or a specified group of individuals; (j) meet other conditions determined by the parole officer to further enhance the juvenile's reintegration into the community; (k) pay any court-ordered fines or restitution; and (l) perform community service. Community service for the purpose of this section means compulsory service, without compensation, performed for the benefit of the community by the offender. Community service may be performed through public or private organizations or through work crews. After termination of the parole period, the juvenile shall be discharged from the department's supervision.

      (4)(a) 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: (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) 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 (v) 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.

      (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

      (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 the 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. 30. 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.


      Sec. 31. RCW 13.40.250 and 1980 c 128 s 16 are each amended to read as follows:

      A traffic or civil infraction case involving a juvenile under the age of sixteen may be diverted in accordance with the provisions of this chapter or filed in juvenile court.

      (1) If a notice of a traffic or civil infraction is filed in juvenile court, the juvenile named in the notice shall be afforded the same due process afforded to adult defendants in traffic infraction cases.

      (2) A monetary penalty imposed upon a juvenile under the age of sixteen who is found to have committed a traffic or civil infraction may not exceed one hundred dollars. At the juvenile's request, the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the prevailing state minimum wage per hour.

      (3) A diversion agreement entered into by a juvenile referred pursuant to this section shall be limited to thirty hours of community service, or educational or informational sessions.

      (4) If a case involving the commission of a traffic or civil infraction or offense by a juvenile under the age of sixteen has been referred to a diversion unit, an abstract of the action taken by the diversion unit may be forwarded to the department of licensing in the manner provided for in RCW 46.20.270(2).


      Sec. 32. RCW 13.40.265 and 1994 sp.s. c 7 s 435 are each amended to read as follows:

      (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(((e))) (b)(iii) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

      (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

      (c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

      (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

      (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.


      Sec. 33. RCW 13.40.320 and 1995 c 40 s 1 are each amended 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 not more than ((seventy-eight)) sixty-five weeks. Violent and sex offenders shall not be eligible for the juvenile offender basic training camp program.

      (6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program. The department shall evaluate the offender and may place the offender in the program. The evaluation shall include, at a minimum, a risk assessment developed by the department and designed to determine the offender's suitability for the program. No juvenile who is assessed as a high risk offender or 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.

      (7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend 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.

      (8) 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.

      (9) The department shall also develop and maintain a data base 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.))


      Sec. 34. RCW 13.50.010 and 1996 c 232 s 6 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; 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 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 assure 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. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11). The court shall release to the sentencing guidelines commission records needed for its research and data-gathering functions under RCW 9.94A.040 and other statutes. 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 sentencing guidelines commission under RCW ((13.40.025 and)) 9.94A.040 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. 35. RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:

      (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

      (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

      (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

      (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

      (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

      (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

      (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court. The central record-keeping system may be computerized. If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion. An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

      (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

      (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed. The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

      (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (((24))) (22) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

      (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

      (a) ((Two years have elapsed from the later of: (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense)) For class B felonies other than sex offenses, since the last date of release from confinement, including full-time residential treatment, pursuant to a felony conviction, if any, or entry of judgment and sentence, the person has spent ten consecutive years in the community without committing any crime that subsequently results in conviction. For class C felonies other than sex offenses, since the last date of release from confinement, including full-time residential treatment, pursuant to a felony conviction, if any, or entry of judgment and sentence, the person has spent five consecutive years in the community without committing any crime that subsequently results in conviction;

      (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; ((and))

      (c) No proceeding is pending seeking the formation of a diversion agreement with that person; and

      (d) Full restitution has been paid.

      (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

      (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (((24))) (22) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order. Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed. Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

      (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (((24))) (22) of this section.

      (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order. Any ((conviction for any)) charging of an adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW ((for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030)).

      (16) ((In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsection (24) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

      (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

      (a) The person making the motion is at least twenty-three years of age;

      (b) The person has not subsequently been convicted of a felony;

      (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and

      (d) The person has never been found guilty of a serious offense.

      (18))) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed. The request shall be granted, subject to subsection (((24))) (22) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

      (((19))) (17) If the court grants the motion to destroy records made pursuant to subsection (16) ((or (18))) of this section, it shall, subject to subsection (((24))) (22) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

      (((20))) (18) The person making the motion pursuant to subsection (16) ((or (18))) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

      (((21))) (19) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

      (((22))) (20) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

      (((23))) (21) Any juvenile justice or care agency may, subject to the limitations in subsection (((24))) (22) of this section and ((subparagraphs)) (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

      (a) Records may be routinely destroyed only when the person the subject of the information or complaint has attained twenty-three years of age or older, or is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

      (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

      (((24))) (22) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section. For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birth date or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

      (((25))) (23) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian. Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator. Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.


      Sec. 36. RCW 72.01.410 and 1994 c 220 s 1 are each amended to read as follows:

      (1) Whenever any child under the age of eighteen is convicted in the courts of this state of a crime amounting to a felony, and is committed for a term of confinement in a correctional institution wherein adults are confined, the secretary of corrections, after making an independent assessment and evaluation of the child and determining that the needs and correctional goals for the child could better be met by the programs and housing environment provided by the juvenile correctional institution, with the consent of the secretary of social and health services, may transfer such child to a juvenile correctional institution, or to such other institution as is now, or may hereafter be authorized by law to receive such child, until such time as the child arrives at the age of twenty-one years, whereupon the child shall be returned to the institution of original commitment. Retention within a juvenile detention facility or return to an adult correctional facility shall regularly be reviewed by the secretary of corrections and the secretary of social and health services with a determination made based on the level of maturity and sophistication of the individual, the behavior and progress while within the juvenile detention facility, security needs, and the program/treatment alternatives which would best prepare the individual for a successful return to the community. Notice of such transfers shall be given to the clerk of the committing court and the parents, guardian, or next of kin of such child, if known.

      (2) An offender under the age of eighteen who is convicted in adult criminal court and who is committed to a term of confinement at the department of corrections must be placed in a housing unit separated from adult inmates until the offender reaches the age of eighteen.


      NEW SECTION. Sec. 37. A new section is added to chapter 72.01 RCW to read as follows:

      (1) An offender under the age of eighteen who is convicted in adult criminal court of a crime and who is committed for a term of confinement in a jail as defined in RCW 70.48.020, must be housed in a jail unit completely separated from contact with adult offenders incarcerated in the jail, until the offender reaches the age of eighteen.

      (2) If a court finds that the local jail is unable to comply with the requirements of subsection (1) of this section, the court shall commit the offender to the department of social and health services to be housed in a state juvenile facility operated by the juvenile rehabilitation administration until the offender reaches the age of eighteen.

      (3) The office of financial management shall calculate the cost that the local jurisdiction would have incurred to house a transferred offender at the local jail facility. The local jurisdiction shall bear that portion of the cost of committing the offender to the state institution.

      (4) An offender under the age of eighteen who is convicted in adult criminal court and who is transferred to the department of social and health services under subsection (2) of this section must be placed in a housing unit separated from juvenile offenders committed to the department of social and health services.


      Sec. 38. RCW 72.09.460 and 1995 1st sp.s. c 19 s 5 are each amended to read as follows:

      (1) The legislature intends that all inmates be required to participate in department-approved education programs, work programs, or both, unless exempted under subsection (((3))) (4) of this section. Eligible inmates who refuse to participate in available education or work programs available at no charge to the inmates shall lose privileges according to the system established under RCW 72.09.130. Eligible inmates who are required to contribute financially to an education or work program and refuse to contribute shall be placed in another work program. Refusal to contribute shall not result in a loss of privileges. The legislature recognizes more inmates may agree to participate in education and work programs than are available. The department must make every effort to achieve maximum public benefit by placing inmates in available and appropriate education and work programs.

      (2) The department shall provide a program of education to all inmates who are under the age of eighteen and who have not met high school graduation requirements as established by the state board of education. The program of education established by the department for inmates under the age of eighteen must consist of curriculum that will enable the inmate to achieve a high school diploma. The department shall extend the program of education required under this subsection to an inmate who is over the age of eighteen but less than twenty-one if the inmate was incarcerated prior to his or her eighteenth birthday and failed to obtain a high school diploma before reaching the age of eighteen.

      (3) The department shall, to the extent possible and considering all available funds, prioritize its resources to meet the following goals for inmates in the order listed:

      (a) Achievement of basic academic skills through obtaining a high school diploma or its equivalent and achievement of vocational skills necessary for purposes of work programs and for an inmate to qualify for work upon release;

      (b) Additional work and education programs based on assessments and placements under subsection (((4))) (5) of this section; and

      (c) Other work and education programs as appropriate.

      (((3))) (4) The department shall establish, by rule, objective medical standards to determine when an inmate is physically or mentally unable to participate in available education or work programs. When the department determines an inmate is permanently unable to participate in any available education or work program due to a medical condition, the inmate is exempt from the requirement under subsection (1) of this section. When the department determines an inmate is temporarily unable to participate in an education or work program due to a medical condition, the inmate is exempt from the requirement of subsection (1) of this section for the period of time he or she is temporarily disabled. The department shall periodically review the medical condition of all temporarily disabled inmates to ensure the earliest possible entry or reentry by inmates into available programming.

      (((4))) (5) The department shall establish, by rule, standards for participation in department-approved education and work programs. The standards shall address the following areas:

      (a) Assessment. The department shall assess all inmates for their basic academic skill levels using a professionally accepted method of scoring reading, math, and language skills as grade level equivalents. The department shall determine an inmate's education history, work history, and vocational or work skills. The initial assessment shall be conducted, whenever possible, within the first thirty days of an inmate's entry into the correctional system, except that initial assessments are not required for inmates who are sentenced to life without the possibility of release, assigned to an intensive management unit within the first thirty days after entry into the correctional system, are returning to the correctional system within one year of a prior release, or whose physical or mental condition renders them unable to complete the assessment process. The department shall track and record changes in the basic academic skill levels of all inmates reflected in any testing or assessment performed as part of their education programming;

      (b) Placement. The department shall follow the policies set forth in subsection (1) of this section in establishing criteria for placing inmates in education and work programs. The department shall, to the extent possible, place all inmates whose composite grade level score for basic academic skills is below the eighth grade level in a combined education and work program. The placement criteria shall include at least the following factors:

      (i) An inmate's release date and custody level, except an inmate shall not be precluded from participating in an education or work program solely on the basis of his or her release date;

      (ii) An inmate's education history and basic academic skills;

      (iii) An inmate's work history and vocational or work skills;

      (iv) An inmate's economic circumstances, including but not limited to an inmate's family support obligations; and

      (v) Where applicable, an inmate's prior performance in department-approved education or work programs;

      (c) Performance and goals. The department shall establish, and periodically review, inmate behavior standards and program goals for all education and work programs. Inmates shall be notified of applicable behavior standards and program goals prior to placement in an education or work program and shall be removed from the education or work program if they consistently fail to meet the standards or goals;

      (d) Financial responsibility. (i) The department shall establish a formula by which inmates, based on their ability to pay, shall pay all or a portion of the costs or tuition of certain programs. Inmates shall, based on the formula, pay a portion of the costs or tuition of participation in:

      (A) Second and subsequent vocational programs associated with an inmate's work programs; and

      (B) An associate of arts or baccalaureate degree program when placement in a degree program is the result of a placement made under this subsection;

      (ii) Inmates shall pay all costs and tuition for participation in:

      (A) Any postsecondary academic degree program which is entered independently of a placement decision made under this subsection; and

      (B) Second and subsequent vocational programs not associated with an inmate's work program.

      Enrollment in any program specified in (d)(ii) of this subsection shall only be allowed by correspondence or if there is an opening in an education or work program at the institution where an inmate is incarcerated and no other inmate who is placed in a program under this subsection will be displaced; and

      (e) Notwithstanding any other provision in this section, an inmate sentenced to life without the possibility of release:

      (i) Shall not be required to participate in education programming; and

      (ii) May receive not more than one postsecondary academic degree in a program offered by the department or its contracted providers.

      If an inmate sentenced to life without the possibility of release requires prevocational or vocational training for a work program, he or she may participate in the training subject to this section.

      (((5))) (6) The department shall coordinate education and work programs among its institutions, to the greatest extent possible, to facilitate continuity of programming among inmates transferred between institutions. Before transferring an inmate enrolled in a program, the department shall consider the effect the transfer will have on the inmate's ability to continue or complete a program. This subsection shall not be used to delay or prohibit a transfer necessary for legitimate safety or security concerns.

      (((6))) (7) Before construction of a new correctional institution or expansion of an existing correctional institution, the department shall adopt a plan demonstrating how cable, closed-circuit, and satellite television will be used for education and training purposes in the institution. The plan shall specify how the use of television in the education and training programs will improve inmates' preparedness for available work programs and job opportunities for which inmates may qualify upon release.

      (((7))) (8) The department shall adopt a plan to reduce the per-pupil cost of instruction by, among other methods, increasing the use of volunteer instructors and implementing technological efficiencies. The plan shall be adopted by December 1996 and shall be transmitted to the legislature upon adoption. The department shall, in adoption of the plan, consider distance learning, satellite instruction, video tape usage, computer-aided instruction, and flexible scheduling of offender instruction.

      (((8))) (9) Following completion of the review required by section 27(3), chapter 19, Laws of 1995 1st sp. sess. the department shall take all necessary steps to assure the vocation and education programs are relevant to work programs and skills necessary to enhance the employability of inmates upon release.


      Sec. 39. RCW 9A.36.045 and 1995 c 129 s 8 are each amended to read as follows:

      (1) A person is guilty of ((reckless endangerment in the first degree)) drive-by shooting when he or she recklessly discharges a firearm as defined in RCW 9.41.010 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, or both, 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)) Drive-by shooting is a class B felony.


      Sec. 40. RCW 9A.36.050 and 1989 c 271 s 110 are each amended to read as follows:

      (1) A person is guilty of reckless endangerment ((in the second degree)) when he or she recklessly engages in conduct not amounting to ((reckless endangerment in the first degree but which)) drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.

      (2) Reckless endangerment ((in the second degree)) is a gross misdemeanor.


      Sec. 41. RCW 9.41.010 and 1996 c 295 s 1 are each amended to read as follows:

      Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.

      (2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.

      (3) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

      (4) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (5) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

      (6) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.

      (7) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.

      (8) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

      (9) "Loaded" means:

      (a) There is a cartridge in the chamber of the firearm;

      (b) Cartridges are in a clip that is locked in place in the firearm;

      (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;

      (d) There is a cartridge in the tube or magazine that is inserted in the action; or

      (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.

      (10) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.

      (11) "Crime of violence" means:

      (a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, burglary in the second degree, residential burglary, and robbery in the second degree;

      (b) Any conviction for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and

      (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.

      (12) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

      (a) Any crime of violence;

      (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;

      (c) Child molestation in the second degree;

      (d) Incest when committed against a child under age fourteen;

      (e) Indecent liberties;

      (f) Leading organized crime;

      (g) Promoting prostitution in the first degree;

      (h) Rape in the third degree;

      (i) ((Reckless endangerment in the first degree)) Drive-by shooting;

      (j) Sexual exploitation;

      (k) Vehicular assault;

      (l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

      (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;

      (n) Any other felony with a deadly weapon verdict under RCW 9.94A.125; or

      (o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.

      (13) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

      (14) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.

      (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.

      (16) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.

      (17) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.


      Sec. 42. RCW 9.41.040 and 1996 c 295 s 2 are each amended to read as follows:

      (1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted in this state or elsewhere of any serious offense as defined in this chapter.

      (b) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under (a) of this subsection for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:

      (i) After having previously been convicted in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under (a) of this subsection, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment ((in the second degree)), criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);

      (ii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047;

      (iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or

      (iv) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010.

      (2)(a) Unlawful possession of a firearm in the first degree is a class B felony, punishable under chapter 9A.20 RCW.

      (b) Unlawful possession of a firearm in the second degree is a class C felony, punishable under chapter 9A.20 RCW.

      (3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, 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-fact-finding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction 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 the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.

      (4) Notwithstanding subsection (1) of this section, a person convicted of an offense prohibiting the possession of a firearm under this section 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 possession of a firearm as a result of the conviction. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) of this section and has not previously been convicted of a sex offense prohibiting firearm ownership under subsection (1) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored:

      (a) Under RCW 9.41.047; and/or

      (b)(i) If the conviction was for a felony offense, after five or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360; or

      (ii) If the conviction was for a nonfelony offense, after three or more consecutive years in the community without being convicted or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.360 and the individual has completed all conditions of the sentence.

      (5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265.

      (6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.

      (7) Each firearm unlawfully possessed under this section shall be a separate offense.


      Sec. 43. RCW 9.94A.103 and 1995 c 129 s 5 are each amended to read as follows:

      Any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes shall be made and retained as public records if the felony crime involves:

      (1) Any violent offense as defined in this chapter;

      (2) Any most serious offense as defined in this chapter;

      (3) Any felony with a deadly weapon special verdict under RCW 9.94A.125;

      (4) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or

      (5) The felony crimes of possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.


      Sec. 44. RCW 9.94A.105 and 1995 c 129 s 6 are each amended to read as follows:

      (1) A current, newly created or reworked judgment and sentence document for each felony sentencing shall record any and all recommended sentencing agreements or plea agreements and the sentences for any and all felony crimes kept as public records under RCW 9.94A.103 shall contain the clearly printed name and legal signature of the sentencing judge. The judgment and sentence document as defined in this section shall also provide additional space for the sentencing judge's reasons for going either above or below the presumptive sentence range for any and all felony crimes covered as public records under RCW 9.94A.103. Both the sentencing judge and the prosecuting attorney's office shall each retain or receive a completed copy of each sentencing document as defined in this section for their own records.

      (2) The sentencing guidelines commission shall be sent a completed copy of the judgment and sentence document upon conviction for each felony sentencing under subsection (1) of this section and shall compile a yearly and cumulative judicial record of each sentencing judge in regards to his or her sentencing practices for any and all felony crimes involving:

      (a) Any violent offense as defined in this chapter;

      (b) Any most serious offense as defined in this chapter;

      (c) Any felony with any deadly weapon special verdict under RCW 9.94A.125;

      (d) Any felony with any deadly weapon enhancements under RCW 9.94A.310 (3) or (4), or both; and/or

      (e) The felony crimes of possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first or second degree, and/or use of a machine gun in a felony.

      (3) The sentencing guidelines commission shall compare each individual judge's sentencing practices to the standard or presumptive sentence range for any and all felony crimes listed in subsection (2) of this section for the appropriate offense level as defined in RCW 9.94A.320, offender score as defined in RCW 9.94A.360, and any applicable deadly weapon enhancements as defined in RCW 9.94A.310 (3) or (4), or both. These comparative records shall be retained and made available to the public for review in a current, newly created or reworked official published document by the sentencing guidelines commission.

      (4) Any and all felony sentences which are either above or below the standard or presumptive sentence range in subsection (3) of this section shall also mark whether the prosecuting attorney in the case also recommended a similar sentence, if any, which was either above or below the presumptive sentence range and shall also indicate if the sentence was in conjunction with an approved alternative sentencing option including a first-time offender waiver, sex offender sentencing alternative, or other prescribed sentencing option.

      (5) If any completed judgment and sentence document as defined in subsection (1) of this section is not sent to the sentencing guidelines commission as required in subsection (2) of this section, the sentencing guidelines commission shall have the authority and shall undertake reasonable and necessary steps to assure that all past, current, and future sentencing documents as defined in subsection (1) of this section are received by the sentencing guidelines commission.


      Sec. 45. RCW 9.94A.310 and 1996 c 205 s 5 are each amended to read as follows:

      

(1)                                                                               TABLE 1

Sentencing Grid

SERIOUSNESS

SCORE                                               OFFENDER SCORE

                                                                                                                                                          9 or

               0             1             2             3             4             5             6             7             8             more

 

XV         Life Sentence without Parole/Death Penalty

 

XIV        23y4m    24y4m    25y4m    26y4m    27y4m    28y4m    30y4m    32y10m   36y        40y

               240-        250-        261-        271-        281-        291-        312-        338-        370-        411-

               320         333         347         361         374         388         416         450         493         548

 

XIII        12y         13y         14y         15y         16y         17y         19y         21y         25y         29y

               123-        134-        144-        154-        165-        175-        195-        216-        257-        298-

               164         178         192         205         219         233         260         288         342         397

 

XII         9y           9y11m    10y9m    11y8m    12y6m    13y5m    15y9m    17y3m    20y3m    23y3m

               93-          102-        111-        120-        129-        138-        162-        178-        209-        240-

               123         136         147         160         171         184         216         236         277         318

 

XI           7y6m      8y4m      9y2m      9y11m    10y9m    11y7m    14y2m    15y5m    17y11m   20y5m

               78-          86-          95-          102-        111-        120-        146-        159-        185-        210-

               102         114         125         136         147         158         194         211         245         280

 

X            5y           5y6m      6y           6y6m      7y           7y6m      9y6m      10y6m    12y6m    14y6m

               51-          57-          62-          67-          72-          77-          98-          108-        129-        149-

               68           75           82           89           96           102         130         144         171         198

 

IX           3y           3y6m      4y           4y6m      5y           5y6m      7y6m      8y6m      10y6m    12y6m

               31-          36-          41-          46-          51-          57-          77-          87-          108-        129-

               41           48           54           61           68           75           102         116         144         171

 

VIII        2y           2y6m      3y           3y6m      4y           4y6m      6y6m      7y6m      8y6m      10y6m

               21-          26-          31-          36-          41-          46-          67-          77-          87-          108-

               27           34           41           48           54           61           89           102         116         144

 

VII         18m        2y           2y6m      3y           3y6m      4y           5y6m      6y6m      7y6m      8y6m

               15-          21-          26-          31-          36-          41-          57-          67-          77-          87-

               20           27           34           41           48           54           75           89           102         116

 

VI           13m        18m        2y           2y6m      3y           3y6m      4y6m      5y6m      6y6m      7y6m

               12+-       15-          21-          26-          31-          36-          46-          57-          67-          77-

               14           20           27           34           41           48           61           75           89           102

 

V            9m          13m        15m        18m        2y2m      3y2m      4y           5y           6y           7y

               6-            12+-       13-          15-          22-          33-          41-          51-          62-          72-

               12           14           17           20           29           43           54           68           82           96

 

IV           6m          9m          13m        15m        18m        2y2m      3y2m      4y2m      5y2m      6y2m

               3-            6-            12+-       13-          15-          22-          33-          43-          53-          63-

               9             12           14           17           20           29           43           57           70           84

 

III           2m          5m          8m          11m        14m        20m        2y2m      3y2m      4y2m      5y

               1-            3-            4-            9-            12+-       17-          22-          33-          43-          51-

               3             8             12           12           16           22           29           43           57           68

 

II                            4m          6m          8m          13m        16m        20m        2y2m      3y2m      4y2m

               0-90        2-            3-            4-            12+-       14-          17-          22-          33-          43-

               Days       6             9             12           14           18           22           29           43           57

 

I                                             3m          4m          5m          8m          13m        16m        20m        2y2m

               0-60        0-90        2-            2-            3-            4-            12+-       14-          17-          22-

               Days       Days       5             6             8             12           14           18           22           29

                                                                                                                                                                                       

NOTE: Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent presumptive sentencing ranges in months, or in days if so designated. 12+ equals one year and one day.

             (2) For persons convicted of the anticipatory offenses of criminal attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the presumptive sentence is determined by locating the sentencing grid sentence range defined by the appropriate offender score and the seriousness level of the completed crime, and multiplying the range by 75 percent.

             (3) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any firearm enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any firearm enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Five years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) Three years for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Eighteen months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced for any firearm enhancements under (a), (b), and/or (c) of this subsection and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (4)(a), (b), and/or (c) of this section, or both, any and all firearm enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all firearm enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The firearm enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (4) The following additional times shall be added to the presumptive sentence for felony crimes committed after July 23, 1995, if the offender or an accomplice was armed with a deadly weapon as defined in this chapter other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for one of the crimes listed in this subsection as eligible for any deadly weapon enhancements based on the classification of the completed felony crime. If the offender or an accomplice was armed with a deadly weapon other than a firearm as defined in RCW 9.41.010 and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection as eligible for any deadly weapon enhancements, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section based on the felony crime of conviction as classified under RCW 9A.28.020:

             (a) Two years for any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, and not covered under (f) of this subsection.

             (b) One year for any felony defined under any law as a class B felony or with a maximum sentence of ten years, or both, and not covered under (f) of this subsection.

             (c) Six months for any felony defined under any law as a class C felony or with a maximum sentence of five years, or both, and not covered under (f) of this subsection.

             (d) If the offender is being sentenced under (a), (b), and/or (c) of this subsection for any deadly weapon enhancements and the offender has previously been sentenced for any deadly weapon enhancements after July 23, 1995, under (a), (b), and/or (c) of this subsection or subsection (3)(a), (b), and/or (c) of this section, or both, any and all deadly weapon enhancements under this subsection shall be twice the amount of the enhancement listed.

             (e) Notwithstanding any other provision of law, any and all deadly weapon enhancements under this section are mandatory, shall be served in total confinement, and shall not run concurrently with any other sentencing provisions.

             (f) The deadly weapon enhancements in this section shall apply to all felony crimes except the following: Possession of a machine gun, possessing a stolen firearm, ((reckless endangerment in the first degree)) drive-by shooting, theft of a firearm, unlawful possession of a firearm in the first and second degree, and use of a machine gun in a felony.

             (g) If the presumptive sentence under this section exceeds the statutory maximum for the offense, the statutory maximum sentence shall be the presumptive sentence unless the offender is a persistent offender as defined in RCW 9.94A.030.

             (5) The following additional times shall be added to the presumptive sentence if the offender or an accomplice committed the offense while in a county jail or state correctional facility as that term is defined in this chapter and the offender is being sentenced for one of the crimes listed in this subsection. If the offender or an accomplice committed one of the crimes listed in this subsection while in a county jail or state correctional facility as that term is defined in this chapter, and the offender is being sentenced for an anticipatory offense under chapter 9A.28 RCW to commit one of the crimes listed in this subsection, the following additional times shall be added to the presumptive sentence determined under subsection (2) of this section:

             (a) Eighteen months for offenses committed under RCW 69.50.401(a)(1) (i) or (ii) or 69.50.410;

             (b) Fifteen months for offenses committed under RCW 69.50.401(a)(1) (iii), (iv), and (v);

             (c) Twelve months for offenses committed under RCW 69.50.401(d).

             For the purposes of this subsection, all of the real property of a state correctional facility or county jail shall be deemed to be part of that facility or county jail.

             (6) An additional twenty-four months shall be added to the presumptive sentence for any ranked offense involving a violation of chapter 69.50 RCW if the offense was also a violation of RCW 69.50.435.


             Sec. 46. RCW 9.94A.320 and 1996 c 302 s 6, 1996 c 205 s 3, and 1996 c 36 s 2 are each reenacted and amended to read as follows:

             TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

 

       XV             Aggravated Murder 1 (RCW 10.95.020)

     XIV             Murder 1 (RCW 9A.32.030)

                          Homicide by abuse (RCW 9A.32.055)

      XIII            Murder 2 (RCW 9A.32.050)

       XII             Assault 1 (RCW 9A.36.011)

                          Assault of a Child 1 (RCW 9A.36.120)

        XI             Rape 1 (RCW 9A.44.040)

                          Rape of a Child 1 (RCW 9A.44.073)

          X             Kidnapping 1 (RCW 9A.40.020)

                          Rape 2 (RCW 9A.44.050)

                          Rape of a Child 2 (RCW 9A.44.076)

                          Child Molestation 1 (RCW 9A.44.083)

                          Damaging building, etc., by explosion with threat to human being (RCW 70.74.280(1))

                          Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406)

                          Leading Organized Crime (RCW 9A.82.060(1)(a))

        IX             Assault of a Child 2 (RCW 9A.36.130)

                          Robbery 1 (RCW 9A.56.200)

                          Manslaughter 1 (RCW 9A.32.060)

                          Explosive devices prohibited (RCW 70.74.180)

                          Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

                          Endangering life and property by explosives with threat to human being (RCW 70.74.270)

                          Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

                          Controlled Substance Homicide (RCW 69.50.415)

                          Sexual Exploitation (RCW 9.68A.040)

                          Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

                          Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

      VIII            Arson 1 (RCW 9A.48.020)

                          Promoting Prostitution 1 (RCW 9A.88.070)

                          Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

                          Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

                          Manufacture, deliver, or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

                          Possession of ephedrine or pseudoephedrine with intent to manufacture methamphetamine (RCW 69.50.440)

                          Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

       VII             Burglary 1 (RCW 9A.52.020)

                          Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

                          Introducing Contraband 1 (RCW 9A.76.140)

                          Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

                          Child Molestation 2 (RCW 9A.44.086)

                          Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

                          Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

                          Involving a minor in drug dealing (RCW 69.50.401(f))

                          ((Reckless Endangerment 1)) Drive-by Shooting (RCW 9A.36.045)

                          Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

        VI             Bribery (RCW 9A.68.010)

                          Manslaughter 2 (RCW 9A.32.070)

                          Rape of a Child 3 (RCW 9A.44.079)

                          Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

                          Damaging building, etc., by explosion with no threat to human being (RCW 70.74.280(2))

                          Endangering life and property by explosives with no threat to human being (RCW 70.74.270)

                          Incest 1 (RCW 9A.64.020(1))

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) (RCW 69.50.401(a)(1)(i))

                          Intimidating a Judge (RCW 9A.72.160)

                          Bail Jumping with Murder 1 (RCW 9A.76.170(2)(a))

                          Theft of a Firearm (RCW 9A.56.300)

          V             Persistent prison misbehavior (RCW 9.94.070)

                          Criminal Mistreatment 1 (RCW 9A.42.020)

                          Abandonment of dependent person 1 (RCW 9A.42.060)

                          Rape 3 (RCW 9A.44.060)

                          Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

                          Child Molestation 3 (RCW 9A.44.089)

                          Kidnapping 2 (RCW 9A.40.030)

                          Extortion 1 (RCW 9A.56.120)

                          Incest 2 (RCW 9A.64.020(2))

                          Perjury 1 (RCW 9A.72.020)

                          Extortionate Extension of Credit (RCW 9A.82.020)

                          Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

                          Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

                          Rendering Criminal Assistance 1 (RCW 9A.76.070)

                          Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))

                          Sexually Violating Human Remains (RCW 9A.44.105)

                          Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

                          Possession of a Stolen Firearm (RCW 9A.56.310)

        IV             Residential Burglary (RCW 9A.52.025)

                          Theft of Livestock 1 (RCW 9A.56.080)

                          Robbery 2 (RCW 9A.56.210)

                          Assault 2 (RCW 9A.36.021)

                          Escape 1 (RCW 9A.76.110)

                          Arson 2 (RCW 9A.48.030)

                          Commercial Bribery (RCW 9A.68.060)

                          Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

                          Malicious Harassment (RCW 9A.36.080)

                          Threats to Bomb (RCW 9.61.160)

                          Willful Failure to Return from Furlough (RCW 72.66.060)

                          Hit and Run -- Injury Accident (RCW 46.52.020(4))

                          Hit and Run with Vessel -- Injury Accident (RCW 88.12.155(3))

                          Vehicular Assault (RCW 46.61.522)

                          Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana or methamphetamines) (RCW 69.50.401(a)(1) (iii) through (v))

                          Influencing Outcome of Sporting Event (RCW 9A.82.070)

                          Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

                          Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

         III            Criminal Mistreatment 2 (RCW 9A.42.030)

                          Abandonment of dependent person 2 (RCW 9A.42.070)

                          Extortion 2 (RCW 9A.56.130)

                          Unlawful Imprisonment (RCW 9A.40.040)

                          Assault 3 (RCW 9A.36.031)

                          Assault of a Child 3 (RCW 9A.36.140)

                          Custodial Assault (RCW 9A.36.100)

                          Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

                          Harassment (RCW 9A.46.020)

                          Promoting Prostitution 2 (RCW 9A.88.080)

                          Willful Failure to Return from Work Release (RCW 72.65.070)

                          Burglary 2 (RCW 9A.52.030)

                          Introducing Contraband 2 (RCW 9A.76.150)

                          Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

                          Patronizing a Juvenile Prostitute (RCW 9.68A.100)

                          Escape 2 (RCW 9A.76.120)

                          Perjury 2 (RCW 9A.72.030)

                          Bail Jumping with class B or C Felony (RCW 9A.76.170(2)(c))

                          Intimidating a Public Servant (RCW 9A.76.180)

                          Tampering with a Witness (RCW 9A.72.120)

                          Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

                          Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

                          Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

                          Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

                          Theft of livestock 2 (RCW 9A.56.080)

                          Securities Act violation (RCW 21.20.400)

          II            Unlawful Practice of Law (RCW 2.48.180)

                          Malicious Mischief 1 (RCW 9A.48.070)

                          Possession of Stolen Property 1 (RCW 9A.56.150)

                          Theft 1 (RCW 9A.56.030)

                          Trafficking in Insurance Claims (RCW 48.30A.015)

                          Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

                          Health Care False Claims (RCW 48.80.030)

                          Possession of controlled substance that is either heroin or narcotics from Schedule I or II (RCW 69.50.401(d))

                          Possession of phencyclidine (PCP) (RCW 69.50.401(d))

                          Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

                          Computer Trespass 1 (RCW 9A.52.110)

                          Escape from Community Custody (RCW 72.09.310)

           I             Theft 2 (RCW 9A.56.040)

                          Possession of Stolen Property 2 (RCW 9A.56.160)

                          Forgery (RCW 9A.60.020)

                          Taking Motor Vehicle Without Permission (RCW 9A.56.070)

                          Vehicle Prowl 1 (RCW 9A.52.095)

                          Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

                          Malicious Mischief 2 (RCW 9A.48.080)

                          Reckless Burning 1 (RCW 9A.48.040)

                          Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

                          Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

                          False Verification for Welfare (RCW 74.08.055)

                          Forged Prescription (RCW 69.41.020)

                          Forged Prescription for a Controlled Substance (RCW 69.50.403)

                          Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine) (RCW 69.50.401(d))


             Sec. 47. RCW 9A.46.060 and 1994 c 271 s 802 and 1994 c 121 s 2 are each reenacted and amended to read as follows:

             As used in this chapter, "harassment" may include but is not limited to any of the following crimes:

             (1) Harassment (RCW 9A.46.020);

             (2) Malicious harassment (RCW 9A.36.080);

             (3) Telephone harassment (RCW 9.61.230);

             (4) Assault in the first degree (RCW 9A.36.011);

             (5) Assault of a child in the first degree (RCW 9A.36.120);

             (6) Assault in the second degree (RCW 9A.36.021);

             (7) Assault of a child in the second degree (RCW 9A.36.130);

             (8) Assault in the fourth degree (RCW 9A.36.041);

             (9) Reckless endangerment ((in the second degree)) (RCW 9A.36.050);

             (10) Extortion in the first degree (RCW 9A.56.120);

             (11) Extortion in the second degree (RCW 9A.56.130);

             (12) Coercion (RCW 9A.36.070);

             (13) Burglary in the first degree (RCW 9A.52.020);

             (14) Burglary in the second degree (RCW 9A.52.030);

             (15) Criminal trespass in the first degree (RCW 9A.52.070);

             (16) Criminal trespass in the second degree (RCW 9A.52.080);

             (17) Malicious mischief in the first degree (RCW 9A.48.070);

             (18) Malicious mischief in the second degree (RCW 9A.48.080);

             (19) Malicious mischief in the third degree (RCW 9A.48.090);

             (20) Kidnapping in the first degree (RCW 9A.40.020);

             (21) Kidnapping in the second degree (RCW 9A.40.030);

             (22) Unlawful imprisonment (RCW 9A.40.040);

             (23) Rape in the first degree (RCW 9A.44.040);

             (24) Rape in the second degree (RCW 9A.44.050);

             (25) Rape in the third degree (RCW 9A.44.060);

             (26) Indecent liberties (RCW 9A.44.100);

             (27) Rape of a child in the first degree (RCW 9A.44.073);

             (28) Rape of a child in the second degree (RCW 9A.44.076);

             (29) Rape of a child in the third degree (RCW 9A.44.079);

             (30) Child molestation in the first degree (RCW 9A.44.083);

             (31) Child molestation in the second degree (RCW 9A.44.086);

             (32) Child molestation in the third degree (RCW 9A.44.089);

             (33) Stalking (RCW 9A.46.110);

             (34) Residential burglary (RCW 9A.52.025); and

             (35) Violation of a temporary or permanent protective order issued pursuant to chapter 9A.46, 10.14, 10.99, 26.09, or 26.50 RCW.


             Sec. 48. RCW 10.99.020 and 1996 c 248 s 5 are each amended to read as follows:

             Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

             (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons sixteen years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a person sixteen years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

             (2) "Dating relationship" has the same meaning as in RCW 26.50.010.

             (3) "Domestic violence" includes but is not limited to any of the following crimes when committed by one family or household member against another:

             (a) Assault in the first degree (RCW 9A.36.011);

             (b) Assault in the second degree (RCW 9A.36.021);

             (c) Assault in the third degree (RCW 9A.36.031);

             (d) Assault in the fourth degree (RCW 9A.36.041);

             (e) ((Reckless endangerment in the first degree)) Drive-by shooting (RCW 9A.36.045);

             (f) Reckless endangerment ((in the second degree)) (RCW 9A.36.050);

             (g) Coercion (RCW 9A.36.070);

             (h) Burglary in the first degree (RCW 9A.52.020);

             (i) Burglary in the second degree (RCW 9A.52.030);

             (j) Criminal trespass in the first degree (RCW 9A.52.070);

             (k) Criminal trespass in the second degree (RCW 9A.52.080);

             (l) Malicious mischief in the first degree (RCW 9A.48.070);

             (m) Malicious mischief in the second degree (RCW 9A.48.080);

             (n) Malicious mischief in the third degree (RCW 9A.48.090);

             (o) Kidnapping in the first degree (RCW 9A.40.020);

             (p) Kidnapping in the second degree (RCW 9A.40.030);

             (q) Unlawful imprisonment (RCW 9A.40.040);

             (r) Violation of the provisions of a restraining order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.09.300, 26.10.220, or 26.26.138);

             (s) Violation of the provisions of a protection order or no-contact order restraining the person or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care (RCW 26.50.060, 26.50.070, 26.50.130, 10.99.040, or 10.99.050);

             (t) Rape in the first degree (RCW 9A.44.040);

             (u) Rape in the second degree (RCW 9A.44.050);

             (v) Residential burglary (RCW 9A.52.025);

             (w) Stalking (RCW 9A.46.110); and

             (x) Interference with the reporting of domestic violence (RCW 9A.36.150).

             (4) "Victim" means a family or household member who has been subjected to domestic violence.


             Sec. 49. RCW 10.99.040 and 1996 c 248 s 7 are each amended to read as follows:

             (1) Because of the serious nature of domestic violence, the court in domestic violence actions:

             (a) Shall not dismiss any charge or delay disposition because of concurrent dissolution or other civil proceedings;

             (b) Shall not require proof that either party is seeking a dissolution of marriage prior to instigation of criminal proceedings;

             (c) Shall waive any requirement that the victim's location be disclosed to any person, other than the attorney of a criminal defendant, upon a showing that there is a possibility of further violence: PROVIDED, That the court may order a criminal defense attorney not to disclose to his or her client the victim's location; and

             (d) Shall identify by any reasonable means on docket sheets those criminal actions arising from acts of domestic violence.

             (2) Because of the likelihood of repeated violence directed at those who have been victims of domestic violence in the past, when any person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial on bail or personal recognizance, the court authorizing the release may prohibit that person from having any contact with the victim. The jurisdiction authorizing the release shall determine whether that person should be prohibited from having any contact with the victim. If there is no outstanding restraining or protective order prohibiting that person from having contact with the victim, the court authorizing release may issue, by telephone, a no-contact order prohibiting the person charged or arrested from having contact with the victim. In issuing the order, the court shall consider the provisions of RCW 9.41.800. The no-contact order shall also be issued in writing as soon as possible.

             (3) At the time of arraignment the court shall determine whether a no-contact order shall be issued or extended. If a no-contact order is issued or extended, the court may also include in the conditions of release a requirement that the defendant submit to electronic monitoring. If electronic monitoring is ordered, the court shall specify who shall provide the monitoring services, and the terms under which the monitoring shall be performed. Upon conviction, the court may require as a condition of the sentence that the defendant reimburse the providing agency for the costs of the electronic monitoring.

             (4)(a) Willful violation of a court order issued under subsection (2) or (3) of this section is a gross misdemeanor except as provided in (b) and (c) of this subsection (4). Upon conviction and in addition to other penalties provided by law, the court may require that the defendant submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services and the terms under which the monitoring must be performed. The court also may include a requirement that the defendant pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.

             (b) Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony punishable under chapter 9A.20 RCW, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony punishable under chapter 9A.20 RCW.

             (c) A willful violation of a court order issued under this section is a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

             (d) The written order releasing the person charged or arrested shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony. You can be arrested even if any person protected by the order invites or allows you to violate the order's prohibitions. You have the sole responsibility to avoid or refrain from violating the order's provisions. Only the court can change the order." A certified copy of the order shall be provided to the victim. If a no-contact order has been issued prior to charging, that order shall expire at arraignment or within seventy-two hours if charges are not filed. Such orders need not be entered into the computer-based criminal intelligence information system in this state which is used by law enforcement agencies to list outstanding warrants.

             (5) Whenever an order prohibiting contact is issued, modified, or terminated under subsection (2) or (3) of this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year or until the expiration date specified on the order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.


             Sec. 50. RCW 10.99.050 and 1996 c 248 s 8 are each amended to read as follows:

             (1) When a defendant is found guilty of a crime and a condition of the sentence restricts the defendant's ability to have contact with the victim, such condition shall be recorded and a written certified copy of that order shall be provided to the victim.

             (2) Willful violation of a court order issued under this section is a gross misdemeanor. Any assault that is a violation of an order issued under this section and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of a protective order issued under this section that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony. A willful violation of a court order issued under this section is also a class C felony if the offender has at least two previous convictions for violating the provisions of a no-contact order issued under this chapter, or a domestic violence protection order issued under chapter 26.09, 26.10, 26.26, or 26.50 RCW, or any federal or out-of-state order that is comparable to a no-contact order or protection order that is issued under Washington law. The previous convictions may involve the same victim or other victims specifically protected by the no-contact orders or protection orders the offender violated.

             The written order shall contain the court's directives and shall bear the legend: Violation of this order is a criminal offense under chapter 10.99 RCW and will subject a violator to arrest; any assault, drive-by shooting, or reckless endangerment that is a violation of this order is a felony.

             (3) Whenever an order prohibiting contact is issued pursuant to this section, the clerk of the court shall forward a copy of the order on or before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order the law enforcement agency shall forthwith enter the order for one year into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any jurisdiction in the state.


             NEW SECTION. Sec. 51. The following acts or parts of acts are each repealed:

                                       (1)         RCW 9.94A.045 and 1996 c 232 s 2;

                                       (2)         RCW 13.40.025 and 1996 c 232 s 4, 1995 c 269 s 302, 1986 c 288 s 8, 1984 c 287 s 11, & 1981 c 299 s 3;

                                       (3)        RCW 13.40.0354 and 1994 sp.s. c 7 s 521 & 1989 c 407 s 6; and

                                       (4)        RCW 13.40.075 and 1994 sp.s. c 7 s 546.


             NEW SECTION. Sec. 52. 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."


             Correct the title.


             Representatives Dickerson, Costa, Lantz and Blalock spoke in favor of the adoption of the amendment.


             Representatives Sheahan and Mastin spoke against adoption of the amendment.


             Representative Hatfield demanded an electronic roll call vote and the demand was sustained.


             The Speaker (Representative Pennington presiding) stated the question before the House to be adoption of the striking amendment (263) to Third Substitute House Bill No. 3900.


ROLL CALL


             The Clerk called the roll on the adoption of the striking amendment (263) to Third Substitute House Bill No. 3900 and the amendment was not adopted by the following vote: Yeas - 41, Nays - 57, Absent - 0, Excused - 0.

             Voting yea: Representatives Anderson, Appelwick, Blalock, Butler, Chopp, Cody, Cole, Constantine, Conway, Cooper, Costa, Dickerson, Doumit, Dunshee, Fisher, Gardner, Gombosky, Grant, Hatfield, Kastama, Keiser, Kenney, Kessler, Lantz, Linville, Mason, Morris, Murray, O'Brien, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sheldon, Sommers, H., Tokuda, Veloria, Wolfe and Wood - 41.

             Voting nay: Representatives Alexander, Backlund, Ballasiotes, Benson, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Cooke, Crouse, DeBolt, Delvin, Dunn, Dyer, Hankins, Hickel, Honeyford, Huff, Johnson, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Zellinsky and Mr. Speaker - 57.


             The bill was order engrossed.


             There being no objection, the rules were suspended, the second reading considered the third and the bill was placed on final passage.


             Representatives Sheahan, Carrell, Conway, Benson, Ballasiotes, D. Schmidt, and McDonald spoke in favor of passage of the bill.


             Representatives Dickerson, Quall, Costa and Mason spoke against passage of the bill.


             The Speaker (Representative Pennington presiding) stated the question before the House to be final passage of Engrossed Third Substitute House Bill No. 3900.


ROLL CALL


             The Clerk called the roll on the final passage of Engrossed Third Substitute House Bill No. 3900 and the bill passed the House by the following vote: Yeas - 70, Nays - 28, Absent - 0, Excused - 0.

             Voting yea: Representatives Alexander, Anderson, Backlund, Ballasiotes, Benson, Blalock, Boldt, Buck, Bush, Cairnes, Carlson, Carrell, Chandler, Clements, Conway, Cooke, Crouse, DeBolt, Delvin, Doumit, Dunn, Dyer, Gombosky, Grant, Hankins, Hatfield, Hickel, Honeyford, Huff, Johnson, Kastama, Keiser, Kessler, Koster, Lambert, Lisk, Mastin, McDonald, McMorris, Mielke, Mitchell, Mulliken, O'Brien, Parlette, Pennington, Radcliff, Reams, Robertson, Schmidt, D., Schmidt, K., Schoesler, Sehlin, Sheahan, Sheldon, Sherstad, Skinner, Smith, Sommers, D., Sterk, Sullivan, Sump, Talcott, Thomas, B., Thomas, L., Thompson, Van Luven, Wensman, Wood, Zellinsky and Mr. Speaker - 70.

             Voting nay: Representatives Appelwick, Butler, Chopp, Cody, Cole, Constantine, Cooper, Costa, Dickerson, Dunshee, Fisher, Gardner, Kenney, Lantz, Linville, Mason, Morris, Murray, Ogden, Poulsen, Quall, Regala, Romero, Scott, Sommers, H., Tokuda, Veloria and Wolfe - 28.


             Engrossed Third Substitute House Bill No. 3900, having received the constitutional majority, was declared passed.


             There being no objection, the House advanced to the eighth order of business.


MOTION


             Representative Lisk demanded a Call of the House and the demand was sustained.


CALL OF THE HOUSE


             The Sergeant at Arms was instructed to lock the doors.


             The Clerk called the roll and a quorum was present.


             There being no objections, the Rules Committee will be relieved of further consideration of the following bills, and that these bills were placed on the next day's second reading calendar: House Bill No. 1028, House Bill No. 1379, House Bill No. 1126, House Bill No. 1150, House Bill No. 1201, House Bill No. 1261, House Bill No. 1263, House Bill No. 1275, House Bill No. 1327, House Bill No. 1358, House Bill No. 1548, House Bill No. 1624, House Bill No. 1660, House Bill No. 1813, House Bill No. 1821, House Bill No. 1966, House Bill No. 2051, House Bill No. 2053, and House Bill No. 2120.


             HOUSE BILL NO. 3901, by Representatives Cooke, Boldt, McDonald, Alexander, Bush, Smith, Mielke, Talcott, Cairnes, Reams, Johnson, Huff, Lambert, Sheahan, Mulliken, Parlette, Backlund, Koster, D. Sommers, D. Schmidt, Schoesler, Wensman and Skinner

 

Implementing the federal personal responsibility and work opportunity reconciliation act of 1996 (Introduced with Senate sponsors).


             The bill was read the second time.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (253)


             Beginning on page 6, line 29, after "TIME LIMITS." strike all material through "payment." on page 7, line 2, and insert "(1) A family that includes an adult who has received temporary assistance for needy families for sixty months after the effective date of this section shall be ineligible for further temporary assistance for needy families assistance.

             (2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the family member was a minor child and not the head of the household or married to the head of the household."


             Representatives Cooke and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (269)


             On page 7, beginning on line 10, after "recipient" strike all material through "cruelty" on line 11, and insert "meets the family violence options of section 402(A)(7) of Title IVA of the federal social security act as amended by P.L. 104-193"


             Representatives Cooke and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (270)


             On page 23, beginning on line 22, strike all of section 310 and insert the following:


             "NEW SECTION. Sec. 310. EARNINGS DISREGARDS AND EARNED INCOME CUTOFFS. (1) In addition to their monthly benefit payment, a family may earn and keep one-half of its earnings during every month it is eligible to receive assistance under this section.

             (2) In no event may a family be eligible for temporary assistance for needy families if its monthly gross earned income exceeds the maximum earned income level as set by the department. In calculating a household's gross earnings, the department shall disregard the earnings of a minor child who is:

             (a) A full-time student; or

             (b) A part-time student carrying at least half the normal school load and working fewer than thirty-five hours per week."


             Representatives Cooke and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (254)


             On page 37, line 7, after "grant" insert ", plus qualifying state expenditures as appropriated in the biennial operating budget,"


             Representative Cooke spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (271)


             On page 39, beginning on line 18, strike all of section 326


             Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.


             Representative Cooke spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (280)


             On page 40, line 22, after "participant." insert "Employers providing positions created under this section shall meet the requirements of chapter 49.46 RCW. This section shall not diminish or result in the infringement of obligations or rights under chapter 49.36 RCW and the national labor relations act, 29 U.S.C. Ch. 7."


             On page 40, line 32, after "agencies." insert "Participants in a community service program established by this chapter are deemed employees for the purpose of chapter 49.17 RCW."


             On page 40, line 33, after "department." insert "Participants in a community service program may not be assigned work if an employer has terminated the employment of any current employee or otherwise caused the involuntary reduction of its work force solely to fill the vacancy so created with the participant."


             Representative Cooke spoke in favor of the adoption of the amendment.


             Representative Gombosky spoke against the adoption of the amendment.


             Division was demanded. The Speaker divided the House. The results of the division was 53-YEAS; 45-NAYS. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (279)


             On page 40, line 25, after "program." insert "Once the recipient is hired, the wage subsidy shall be authorized for up to nine months."


             Representatives Cooke and Tokuda spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (272)


             On page 40, line 27, after "community" strike "jobs" and insert "service"


             Representative Cooke spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (255)


             On page 41, after line 5, insert the following:

             "NEW SECTION. Sec. 331. A new section is added to chapter 74.12 RCW to read as follows:

             A grant provided under the temporary assistance for needy families program shall be provided on a pro rata basis to the extent the recipient complies with mandated work and work activity requirements."


             Representative Cooke spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against the adoption of the amendment.


             The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (256)


             On page 41, after line 5, insert the following:

             "NEW SECTION. Sec. 331. A new section is added to chapter 74.12 RCW to read as follows:

             In determining eligibility for the temporary assistance for needy families program of an assistance unit under this title, if a household member is excluded from an assistance unit based on residency, alienage, or citizenship of the household member, the department shall allocate the full amount of the household's income to the assistance unit without deducting an amount for the support of the household member."


             Representative Cooke spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against the adoption of the amendment.


             The amendment was adopted.


             With the consent of the House, amendment number 258 to House Bill No. 3901 was withdrawn.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (281)


             On page 41, line 26, after "basis." insert "The sliding scale shall be constructed so that a family pays forty-five percent of its gross earned income toward child care when its gross earned income equals one hundred twenty-five percent of the federal poverty level adjusted for family size."


             Representative Cooke spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against adoption of the amendment.


             Division was demanded. The Speaker divided the House. The results of the division was 56-YEAS; 42-NAYS. The amendment was adopted.


             With the consent of the House, amendment number 257 to House Bill No. 3901 was withdrawn.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (284)


             On page 45, after line 21, insert the following:

             "(5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079."


             On page 46, after line 37, insert the following:

             "(5) For the purposes of this section, "most appropriate living situation" shall not include a living situation including an adult male who fathered the qualifying child and is found to meet the elements of rape of a child as set forth in RCW 9A.44.079."


             Representative Cooke spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Cooke moved the adoption of the following amendment by Representative Cooke: (273)


             Beginning on page 189, strike all of section 933 and insert the following:


             "Sec. 933. RCW 26.23.035 and 1991 c 367 s 38 are each amended to read as follows:

             (1) The department of social and health services shall adopt rules for the distribution of support money collected by the ((office of support enforcement)) division of child support. These rules shall:

             (a) Comply with ((42 U.S.C. Sec. 657)) Title IV-D of the federal social security act as amended by the personal responsibility and work opportunity reconciliation act of 1996;

             (b) Direct the ((office of support enforcement)) division of child support to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in the rules, prevents prompt distribution:

             (i) The location of the custodial parent is unknown;

             (ii) The support debt is in litigation;

             (iii) The ((office of support enforcement)) division of child support cannot identify the responsible parent or the custodian;

             (c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a support debt for two or more Title IV-D cases; and

             (d) Authorize the distribution of support money, except money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before the debt owed to the state when the custodian stops receiving a public assistance grant.

             (2) The ((office of support enforcement)) division of child support may distribute support payments to the payee under the support order or to another person who has lawful physical custody of the child or custody with the payee's consent. The payee may file an application for an adjudicative proceeding to challenge distribution to such other person. Prior to distributing support payments to any person other than the payee, the registry shall:

             (a) Obtain a written statement from the child's physical custodian, under penalty of perjury, that the custodian has lawful custody of the child or custody with the payee's consent;

             (b) Mail to the responsible parent and to the payee at the payee's last known address a copy of the physical custodian's statement and a notice which states that support payments will be sent to the physical custodian; and

             (c) File a copy of the notice with the clerk of the court that entered the original support order.

             (3) If the Washington state support registry distributes a support payment to a person in error, the registry may obtain restitution by means of a set-off against future payments received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed appropriate. Any set-off against future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected as current support.

             (4) The division of child support shall ensure that the fifty dollar pass through payment, as required by 42 U.S.C. Sec. 657 before the adoption of P.L. 104-193, is terminated immediately upon the effective date of this section and all rules to the contrary adopted before the effective date of this section are without force and effect."


             Representative Cooke spoke in favor of the adoption of the amendment.


             Representative Tokuda spoke against the adoption of the amendment.


             The amendment was adopted.


             Representative H. Sommers moved the adoption of the following amendment by Representative H. Sommers: (288)


             On page 215, after line 38, insert the following:


             "NEW SECTION. Sec. 1006. The legislature finds that, according to the department of health's monitoring system, sixty percent of births to women on medicaid were identified as unintended by the women themselves. The director of the office of financial management shall establish an interagency task force on unintended pregnancy in order to:

             (1) Review existing research on the short and long-range costs;

             (2) Analyze the impact on the temporary assistance for needy families program; and

             (3) Develop and implement a state strategy to reduce unintended pregnancy."


             Renumber the remaining sections consecutively and correct any internal references accordingly.


             Representatives H. Sommers and Cooke spoke in favor of the adoption of the amendment. The amendment was adopted.


             Representative Tokuda moved the adoption of the following amendment by Representative Tokuda: (264)


             Strike everything after the enacting clause and insert the following:

             NEW SECTION. Sec. 1. INTENT. The legislature finds that it is in the public interest that the state adopt public assistance policies for needy families that stress: The central role of employment in reducing poverty and need; the temporary nature of public assistance; the importance of the state's efforts in sustaining economic independence and promoting occupational and income advancement; and the continuing responsibility of the state to protect children and other vulnerable residents.

             Therefore, the legislature intends that:

             (1) Work should provide the best opportunity for needy families to raise their incomes and leave poverty;

             (2) Parents should be responsible for support of their children. Child support will be aggressively pursued to assure that responsibility is fulfilled;

             (3) Those recipients who can work shall immediately participate in mandatory work or work preparation activities;

             (4) Sanctions for nonparticipation shall be clear, timely, and progressive;

             (5) Work should pay and the incentives in the system should support unsubsidized employment opportunities;

             (6) Education and job training should be accessible so an entry-level job can be the first step on a career ladder;

             (7) The individual shall sign a statement of personal responsibility, acknowledging responsibility for moving quickly into the world of work;

             (8) The state should help provide the tools for assistance recipients to get and keep a job, and improve their opportunity for advancement;

             (9) Essential services that low and moderate-income families need for sustaining independence, including health care insurance and child care, should be affordable and accessible;

             (10) Assistance should be available for those unable to perform self-sustaining work;

             (11) Individuals temporarily not able to work will be responsible for participating in activities designed to help them achieve self-sufficiency;

             (12) Legal immigrants should be eligible for the same programs as other residents;

             (13) State agencies involved with the temporary assistance for needy families program will be focused on moving people into self-sustaining work;

             (14) The state's goals should be supported by working through public and private providers who are most effective in getting people ready for and into unsubsidized employment;

             (15) Partnerships should be built with local governments, business, labor, and civic and religious organizations to mobilize the resources of communities to help families raise their incomes and leave poverty;

             (16) WorkFirst should recognize the distinct needs and resources of communities and provide recipients with programs suited to the different labor markets of the state; and

             (17) Family planning assistance should be available in community service offices, including family planning counselors and colocated clinics, in recognition of the high rate of unintended pregnancy in the medicaid population.

I. GENERAL PROVISIONS


             Sec. 101. RCW 74.08.340 and 1959 c 26 s 74.08.340 are each amended to read as follows:

             All assistance granted under this title shall be deemed to be granted and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by such amending or repealing act. There is no legal entitlement to temporary assistance for needy families.


             Sec. 102. RCW 74.08.025 and 1981 1st ex.s. c 6 s 9 are each amended to read as follows:

             Public assistance ((shall)) may be awarded to any applicant:

             (1) Who is in need and otherwise meets the eligibility requirements of department assistance programs; and

             (2) Who has not made a voluntary assignment of property or cash for the purpose of qualifying for an assistance grant; and

             (3) Who is not an inmate of a public institution except as a patient in a medical institution or except as an inmate in a public institution who could qualify for federal aid assistance: PROVIDED, That the assistance paid by the department to recipients in nursing homes, or receiving nursing home care, may cover the cost of clothing and incidentals and general maintenance exclusive of medical care and health services. The department may pay a grant to cover the cost of clothing and personal incidentals in public or private medical institutions and institutions for tuberculosis. The department shall allow recipients in nursing homes to retain, in addition to the grant to cover the cost of clothing and incidentals, wages received for work as a part of a training or rehabilitative program designed to prepare the recipient for less restrictive placement to the extent permitted under Title XIX of the federal social security act.


             NEW SECTION. Sec. 103. A new section is added to chapter 74.12 RCW to read as follows:

             TIME LIMITS. (1) A family that includes an adult who has received temporary assistance for needy families for sixty months after the effective date of this section shall be ineligible for further temporary assistance for needy families assistance.

             (2) For the purposes of applying the rules of this section, the department shall count any month in which an adult family member received a temporary assistance for needy families cash assistance grant unless the assistance was provided when the family member was a minor child and not the head of the household or married to the head of the household.

             (3) The legislature recognizes that under P.L. 104-193 the department may exempt no more than twenty percent of the temporary assistance for needy families caseload from the sixty-month time limit. The legislature further recognizes that not all adult recipients of temporary assistance for needy families can be expected to attain self-sufficiency within this time limit. Because the sixty-month time limit will not be applicable to recipients until 2002, the legislature further believes that it is appropriate to engage in the study required in section 501 of this act before making decisions about caseload exemptions.


             Sec. 104. RCW 74.12.035 and 1985 c 335 s 1 are each amended to read as follows:

             (1) ((A family or assistance unit is not eligible for aid for any month if for that month the total income of the family or assistance unit, without application of income disregards, exceeds one hundred eighty-five percent of the state standard of need for a family of the same composition: PROVIDED, That for the purposes of determining the total income of the family or assistance unit, the earned income of a dependent child who is a full-time student for whom aid to families with dependent children is being provided shall be disregarded for six months per calendar year.

             (2))) Participation in a strike does not constitute good cause to leave or to refuse to seek or accept employment. Assistance is not payable to a family for any month in which any caretaker relative with whom the child is living is, on the last day of the month, participating in a strike. An individual's need shall not be included in determining the amount of aid payable for any month to a family or assistance unit if, on the last day of the month, the individual is participating in a strike.

             (((3))) (2) Children over eighteen years of age and under nineteen years of age who are otherwise eligible for temporary assistance for needy families and who are full-time students ((reasonably expected to complete a program of)) attending secondary school, or the equivalent level of vocational or technical training((, before reaching nineteen years of age)) are eligible to receive ((aid to families with dependent children: PROVIDED HOWEVER, That if such students do not successfully complete such program before reaching nineteen years of age, the assistance rendered under this subsection during such period shall not be a debt due the state)) temporary assistance for needy families.


             NEW SECTION. Sec. 105. A new section is added to chapter 74.12A RCW to read as follows:

             GRANT DIVERSION. The legislature recognizes there are low-income employable families who are in danger of becoming reliant on public assistance. With minimal short-term help from the state, these families can remain intact, actively involved in the labor market, and financially self-sufficient. Therefore, the legislature finds it is in the public interest to establish a grant diversion program to help at-risk families remain off temporary assistance for needy families.

             (1) The department may provide state-funded cash aid to meet short-term need, thereby allowing employable low-income families to remain off assistance.

             (2) Diversion assistance may include cash or vouchers in payment for the following needs:

             (a) Child care;

             (b) Housing assistance;

             (c) Transportation-related expenses;

             (d) Food;

             (e) Medical costs not covered under chapter 74.09 RCW; and

             (f) Employment-related expenses that are necessary to keep or obtain paid unsubsidized employment.

             (3) Diversion assistance is available once in each twelve-month period. Recipients of diversion assistance are not included in the temporary assistance for needy families program.

             (4) Diversion assistance may not exceed one thousand five hundred dollars for each instance.

             (5) To be eligible for diversion assistance, a family must otherwise be eligible for, but not receiving, temporary assistance for needy families.

             (6) Families ineligible for temporary assistance for needy families due to sanction, noncompliance, the lump sum income rule, or any other reason are not eligible for diversion assistance.

             (7) Families must provide evidence showing that a bona fide need exists according to subsection (2) of this section in order to be eligible for diversion assistance.

             (8) If the recipient of diversion assistance receives temporary assistance for needy families assistance within a period specified by the department, but not to exceed twelve months following the receipt of diversion assistance, the amount of the diversion assistance shall be recovered by the state by deduction from the recipient's temporary assistance for needy families grant.

             (9) If funds appropriated for grant diversion are exhausted, the department shall discontinue the program in this section.


             Sec. 106. RCW 74.09.510 and 1991 sp.s. c 8 s 8 are each amended to read as follows:

             Medical assistance may be provided in accordance with eligibility requirements established by the department ((of social and health services)), as defined in the social security Title XIX state plan for mandatory categorically needy persons and: (1) Individuals who would be eligible for cash assistance except for their institutional status; (2) individuals who are under twenty-one years of age, who would be eligible for ((aid to families with dependent children)) temporary assistance for needy families, but do not qualify as dependent children and who are in (a) foster care, (b) subsidized adoption, (c) a nursing facility or an intermediate care facility for the mentally retarded, or (d) inpatient psychiatric facilities; (3) the aged, blind, and disabled who: (a) Receive only a state supplement, or (b) would not be eligible for cash assistance if they were not institutionalized; (4) categorically related individuals who ((would be eligible for but choose not to receive cash assistance)) meet the income and resource requirements of the cash assistance programs; (5) individuals who are enrolled in managed health care systems, who have otherwise lost eligibility for medical assistance, but who have not completed a current six-month enrollment in a managed health care system, and who are eligible for federal financial participation under Title XIX of the social security act; (6) children and pregnant women allowed by federal statute for whom funding is appropriated; ((and)) (7) other individuals eligible for medical services under RCW 74.09.035 and 74.09.700 for whom federal financial participation is available under Title XIX of the social security act; and (8) persons allowed by section 1931 of the social security act for whom funding is appropriated.


             NEW SECTION. Sec. 107. A new section is added to chapter 74.08 RCW to read as follows:

             GOOD CAUSE EXEMPTIONS. The department shall establish by rule good cause exemptions consistent with the family violence options of Sec. 402 (a)(7) of Title IV-A of the federal social security act as amended by P.L. 104-193. Individuals granted a good cause exemption may not be subject to work requirements, child support cooperation requirements, and time limits of section 103 of this act. The department shall periodically review such exemptions to determine when they are no longer necessary.


             NEW SECTION. Sec. 108. A new section is added to chapter 74.12 RCW to read as follows:

             STATE-FUNDED TEMPORARY ASSISTANCE FOR NEEDY FAMILIES. (1) The department may provide state-funded temporary assistance for needy families and medical assistance to needy families if: The needy caretaker relative is disabled; the needy caretaker relative is needed in the home to care for a disabled family member; or the needy nonparent caretaker relative is at least fifty years old.

             (2) Such assistance shall be provided under the same rules and in the same amount as under the temporary assistance for needy families program except: Such families shall not be subject to temporary assistance for needy families WorkFirst requirements unless they volunteer and they will not be subject to the sixty-month time limit in section 103 of this act.

             (3) The department may use state funds as appropriated to provide such benefits.


             NEW SECTION. Sec. 109. The following acts or parts of acts are each repealed:

             (1) RCW 74.12.420 and 1994 c 299 s 9; and

             (2) RCW 74.12.425 and 1994 c 299 s 10.


II. WORKFIRST


             NEW SECTION. Sec. 201. A new section is added to chapter 74.25 RCW to read as follows:

             STATEMENT OF PERSONAL RESPONSIBILITY. (1) A family receiving or applying for assistance under the temporary assistance for needy families program is ineligible for continued or new assistance if the recipient and the department have not completed a statement of personal responsibility satisfying the requirements of this section.

             (2) The statement of personal responsibility shall emphasize the importance of work.

             (3) The statement of personal responsibility shall contain, but is not limited to (a) an explanation of Washington's WorkFirst program, including time limits; (b) the rights and responsibilities of the recipient in the WorkFirst program; (c) a list of the available programs for which the family is eligible; and (d) the sanctions imposed on the recipient for refusing or failing to participate in the WorkFirst program.


             NEW SECTION. Sec. 202. A new section is added to chapter 74.25 RCW to read as follows:

             WASHINGTON WORKFIRST PROGRAM. (1) There is established in the department the WorkFirst program, the welfare-to-work program for temporary assistance for needy families. The department shall administer the program consistent with the temporary assistance for needy families provisions of P.L. 104-193. In operating the WorkFirst program the department shall require recipients of temporary assistance for needy families to engage in work activities, as defined in P.L. 104-193 on the effective date of this section, including:

             (a) Unsubsidized paid employment in the private or public sector;

             (b) Subsidized paid employment in the private or public sector;

             (c) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient paid employment is not available;

             (d) On-the-job training;

             (e) Job search and job readiness assistance;

             (f) Community service programs;

             (g) Vocational educational training, not to exceed twelve months with respect to any individual;

             (h) Job skills training directly related to employment, including structured pursuit of self-employment opportunities that involves development of a business plan and meets criteria for micro-credit and micro-enterprise opportunities;

             (i) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a GED;

             (j) Satisfactory attendance at secondary school or in a course of study leading to a GED, in the case of a recipient who has not completed secondary school or received such a certificate;

             (k) The provision of child care services to an individual who is participating in a community service program; or

             (l) Other activities as defined by the department that are directly related to improving the recipient's employability and lead to the first available job.

             (2) All recipients of temporary assistance for needy families shall participate in the WorkFirst program except single custodial parent recipients with a child under age one year. The exemption shall not exceed a total of twelve months.

             (3) The department shall adopt rules under chapter 34.05 RCW establishing criteria constituting circumstances of good cause for an individual failing or refusing to participate in an assigned activity, or failing or refusing to accept or retain employment.

             (4) All teen parents under age eighteen years who are approved for assistance shall, as a condition of receiving benefits, actively progress toward the completion of a high school diploma, GED, or an approved alternative education program.

             (5) The department may provide employment and training and education support services to assist temporary assistance for needy families recipients under chapter 74.12 RCW to obtain employment.

             (6) The department may contract with public and private employment and training agencies and other public service entities to carry out the purposes of Washington's WorkFirst program.

             (7) The department shall adopt rules under chapter 34.05 RCW as necessary to effectuate the intent and purpose of this chapter.


             NEW SECTION. Sec. 203. A new section is added to chapter 74.25 RCW to read as follows:

             JOB SEARCH. (1) The department shall require temporary assistance for needy families recipients to engage in initial and ongoing job search. Failure to participate in the job search component shall result in sanctions under section 204 of this act.

             (2) The Washington WorkFirst program shall include an initial job search component in which each nonexempt recipient of temporary assistance for needy families shall participate. The initial job search component will last four weeks for each recipient. Each recipient shall be required to attend initial job search component activities at least thirty hours per week. The initial job search component shall serve as an assessment tool to determine a recipient's employability. If a recipient fails to find paid employment during the initial job search component, the department may refer the recipient to those work activities that are directly related to improving the recipient's employability. Priority shall be given to work activities that simulate the work environment.

             (3) As used in this section, "initial job search" means an activity in which nonexempt recipients engage each weekday upon entering the Washington WorkFirst program. The component shall provide classroom instruction and a minimum of fifteen hours per week of structured, individual job search activities.

             (a) Individual job search shall include individual and group activities.

             (b) Job search instruction shall be structured in such a way as to replicate the demands of a work environment. It shall include, at a minimum, information on how to apply for work, the current labor market, and available work force development resources.

             (4) Ongoing job search shall include regular, structured work search and weekly reporting of work search plans and results.


             NEW SECTION. Sec. 204. A new section is added to chapter 74.08 RCW to read as follows:

             SANCTIONS FOR NONCOOPERATION. Cooperation with the requirements of Washington's WorkFirst program is required, unless exempt under this title. Failure to cooperate, absent good cause, shall result in sanctions, including but not limited to, reductions of the family's cash assistance grant. The department shall adopt by rule, standards for the imposition of such sanctions.


             NEW SECTION. Sec. 205. A new section is added to chapter 74.25 RCW to read as follows:

             WORKFIRST--SERVICE AREAS--PROGRAMS. (1) The legislature finds that moving those eligible for assistance to self-sustaining employment is a goal of the WorkFirst program. It is the intent of WorkFirst to aid a participant's progress to self-sufficiency by allowing flexibility within the state-wide program to reflect community resources, the local characteristics of the labor market, and the composition of the caseload. Program success will be enhanced through effective coordination at regional and local levels, involving employers, labor representatives, educators, community leaders, local governments, and social service providers.

             (2) The secretary shall establish WorkFirst service areas for purposes of planning WorkFirst programs and for distributing WorkFirst resources. Service areas shall reflect identifiable labor markets.

             (3) By July 31st of each odd-numbered year, a plan for the WorkFirst program shall be developed for each service area. The plan shall be prepared in consultation with local and regional sources, adapting the state-wide WorkFirst program to achieve maximum effect for the participants and the communities within which they reside. Local consultation shall include to the greatest extent possible input from local and regional planning bodies for social services and work force development. The regional and local administrator shall consult with employers of various sizes, labor representatives, training and education providers, program participants, economic development organizations, community organizations, tribes, and local governments in the preparation of the service area plan.

             (4) The secretary shall have final authority in plan approval or modification. Local program implementation may deviate from the state-wide program if specified in a service area plan, as approved by the secretary. The local service area plans may adjust the temporary assistance for needy families cash grant for participants in that area, under RCW 74.04.770, and an adjustment to the grant may not exceed five percent of the state-wide grant established by the secretary. Local administrators may adapt service delivery to reflect local labor market and caseload characteristics, consistent with the service area plan, as approved by the secretary.


             Sec. 206. RCW 74.04.770 and 1983 1st ex.s. c 41 s 38 are each amended to read as follows:

             The department shall establish consolidated standards of need each fiscal year which may vary by geographical areas, program, and family size, for ((aid to families with dependent children)) temporary assistance for needy families, refugee assistance, supplemental security income, and general assistance. Standards for ((aid to families with dependent children)) temporary assistance for needy families, refugee assistance, and general assistance shall be based on studies of actual living costs and generally recognized inflation indices and shall include reasonable allowances for shelter, fuel, food, transportation, clothing, household maintenance and operations, personal maintenance, and necessary incidentals. The standard of need may take into account the economies of joint living arrangements, but unless explicitly required by federal statute, there shall not be proration of any portion of assistance grants unless the amount of the grant standard is equal to the standard of need.

             The department is authorized to establish rateable reductions and grant maximums consistent with federal law. Further, the department may adjust payment standards, within each WorkFirst service area, by up to five percent, either up or down, to reflect labor market conditions, resources needed to support work and mobilize and leverage local resources, or cost-of-living differences within local geographic areas.

             Payment level will be equal to need or a lesser amount if rateable reductions or grant maximums are imposed. In no case shall a recipient of supplemental security income receive a state supplement less than the minimum required by federal law.

             The department may establish a separate standard for shelter provided at no cost.


             NEW SECTION. Sec. 207. A new section is added to chapter 74.25 RCW to read as follows:

             WORKER PROTECTIONS. (1) Recipients of public assistance who participate in WorkFirst activities shall be entitled to certain protections as provided in this section. In addition, the department shall ensure, according to the criteria in this section, that existing workers are not displaced from employment as a result of the participation of public assistance recipients in department-mandated or authorized WorkFirst activities.

             (2) Work positions, paid or unpaid, held by public assistance recipients as a department-authorized WorkFirst activity shall not be created as the result of, nor result in, any of the following:

             (a) The filling of a position created by termination, layoff, or work force reduction;

             (b) The filling of positions that would otherwise be promotional opportunities for current employees;

             (c) The filling of a position before compliance with applicable personnel procedures or provisions of collective bargaining agreements;

             (d) The filling of a work assignment customarily performed by a worker in a job classification within a recognized collective bargaining unit in that specific work site, or the filling of a work assignment in any bargaining unit in which regular employees are on layoff;

             (e) A strike, lockout, or other bona fide labor dispute, or violation of any existing collective bargaining agreement between employees and employers; or

             (f) Decertification of any collective bargaining unit.

             (3) Participants in WorkFirst activities who receive a wage shall be deemed employees, and as such shall be paid and receive benefits in accordance with local, state, and federal law governing occupational health and safety, minimum wage standards, worker compensation insurance, and unemployment insurance.

             (4) A participant who does not receive a wage should not be required to participate in WorkFirst activities, other than job search, for a number of hours greater than participant's monthly temporary assistance for needy families benefit divided by the greater of the state or federal minimum wage.

             (5) Participants in WorkFirst activities who do not receive a wage shall be deemed employees for purposes of medical aid benefits under chapter 51.36 RCW and in accordance with local, state, and federal law shall be covered by appropriate occupational health and safety regulations. The agency or organization that provides the position shall be the employer and, as such any and all premiums or assessments due in relation to such benefits are the obligation of and shall be paid by the agency.

             (6) Subsection (2) of this section does not apply to public assistance recipients who secure unsubsidized paid employment outside of WorkFirst.

             (7) WorkFirst employment positions shall not in any way be related to political, electoral, partisan, or religious activities.


             NEW SECTION. Sec. 208. A new section is added to chapter 74.12 RCW to read as follows:

             COMMUNITY JOBS. (1) The department shall establish the community jobs program to provide employment opportunities for recipients of public assistance. The program is intended to provide work experience and to promote a strong work ethic for participating public assistance recipients. Under this option, public assistance recipients will be encouraged to work as employees of nonprofit corporations, public agencies, and private employers, working in positions such as teachers' aides, child care assistants, and home care workers, among others. Participating recipients shall be employed approximately half-time, on average. The intent of the option is to provide paychecks to public assistance recipients by using their monthly public assistance grant as a wage subsidy for participating employers. Costs of unemployment insurance, industrial insurance, and applicable federal payroll taxes shall be deducted from paychecks received by recipients, but such employees shall also be eligible for the federal earned income tax credit. Any food stamps that may be due to a recipient employed under this program shall be paid to the recipient and shall not be considered part of the wage subsidy.

             (2) The department shall provide this option through contracts with local nonprofit corporations that will be responsible for identifying participating employers, matching employers with recipients, and providing support for recipients and employers as necessary. Nonprofit contractors shall act as employers of participating recipients and shall receive their monthly benefits as well as a payment for each employed recipient to cover operating costs. Nonprofit contractors shall place participating recipients with employers in the same fashion as a temporary agency. Priority for employer participation in this option shall go to local schools, child care providers, and nonprofit corporations.

             (3) The department shall enroll up to two thousand five hundred recipients of public assistance in this option during the 1997-99 biennium. In identifying recipients to place in the option, the department shall target recipients who:

             (a) Are able to work;

             (b) Are single mothers;

             (c) Have limited prior work experience;

             (d) Have low educational attainment;

             (e) Have children older than two years of age; and

             (f) Are recipients of public assistance for at least six months.


             NEW SECTION. Sec. 209. A new section is added to chapter 74.04 RCW to read as follows:

             OUTCOME MEASURES. The WorkFirst program shall be evaluated through a limited number of outcome measures designed to hold each region accountable for program success. The outcomes measured used for evaluation shall include:

             (1) Exits through employment;

             (2) Employment retention rates; measured every six months for up to two years after leaving temporary assistance for needy families;

             (3) Reduction in average grant through increased recipient earnings; and

             (4) Number of recipients working part time and full time.


             NEW SECTION. Sec. 210. The following acts or parts of acts are each repealed:

             (1) RCW 74.25.010 and 1994 c 299 s 6 & 1991 c 126 s 5;

             (2) RCW 74.25.020 and 1993 c 312 s 7, 1992 c 165 s 3, & 1991 c 126 s 6;

             (3) RCW 74.25.030 and 1991 c 126 s 7;

             (4) RCW 74.25.040 and 1994 c 299 s 8;

             (5) RCW 74.25A.005 and 1994 c 299 s 19 & 1986 c 172 s 1;

             (6) RCW 74.25A.010 and 1994 c 299 s 20 & 1986 c 172 s 2;

             (7) RCW 74.25A.020 and 1994 c 299 s 21 & 1986 c 172 s 3;

             (8) RCW 74.25A.030 and 1994 c 299 s 22 & 1986 c 172 s 4;

             (9) RCW 74.25A.040 and 1986 c 172 s 5;

             (10) RCW 74.25A.045 and 1994 c 299 s 23;

             (11) RCW 74.25A.050 and 1994 c 299 s 24 & 1986 c 172 s 6;

             (12) RCW 74.25A.060 and 1986 c 172 s 7;

             (13) RCW 74.25A.070 and 1986 c 172 s 8; and

             (14) RCW 74.25A.080 and 1994 c 299 s 25 & 1986 c 172 s 9.


III. CHILD CARE


             NEW SECTION. Sec. 301. A new section is added to chapter 74.12 RCW to read as follows:

             CHILD CARE. (1) The department shall administer a child care subsidy program designed to serve families on Washington's WorkFirst program and those families who are at or below one hundred seventy-five percent of the federal poverty level.

             (2) All families participating in the child care subsidy program shall have access to the child care of their choice. However, the child care providers must comply with applicable licensing rules set by the department if they are required by law to comply with these rules.

             (3) The department shall establish the eligibility and copayment structure of the child care subsidy program.

             (4) The department shall administer the program within available funds.


IV. IMMIGRANTS


             NEW SECTION. Sec. 401. A new section is added to chapter 74.08 RCW to read as follows:

             IMMIGRANTS--ELIGIBILITY--GENERALLY. (1) The state shall exercise its option under P.L. 104-193, as amended, to provide benefits and services to legal immigrants under temporary assistance for needy families, medicaid, and social services block grant programs.

             (2) The department may provide state-funded cash, food, and medical assistance to legal immigrants who are not eligible for federal benefits due to their immigrant status and the provisions of P.L. 104-193.