WSR 97-15-051

RULES OF COURT

STATE SUPREME COURT

[July 10, 1997]

IN THE MATTER OF THE ADOPTION ) ORDER

OF THE AMENDMENTS TO JuCR 7.3(e) ) NO. 25700-A-612

AND (f); JuCR 7.6(e); JuCR 7.7 )

AND JuCR 7.8(d) )

The Superior Court Judges' Association having recommended the adoption of the proposed amendments to JuCR 7.3 (e) and (f); JuCR 7.6(e); JuCR 7.7 and JuCR 7.8(d), and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ordered:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments will be published expeditiously in the Washington Reports and become effective upon publication.

dated at Olympia, Washington this 10th day of July, 1997.

Durham, C.J.

_______________________

Dolliver, J. Madsen, J.

________________________ ________________________

Smith, J. Talmadge, J.

________________________ ________________________

Guy, J. Alexander, J.

________________________ ________________________

Johnson, J. Sanders, J.

________________________ ________________________

JuCR 7.3(e) If Motion Not Filed Before Custody. If a juvenile alleged to have violated a diversion agreement, a conditional release order, a disposition order, or a deferred adjudication or deferred disposition order is taken into custody and held in detention before a petition to terminate the diversion agreement, a motion to modify the conditional release order or the disposition order, or a motion to revoke the deferred adjudication or deferred disposition order is filed, the court shall make every reasonable effort to conduct a hearing on the issue of detention by the end of the next judicial day. The juvenile shall be released unless a motion if filed within 72 hours (excluding Saturdays, Sundays, and holidays) after taking the juvenile into custody. In the absence of any prior determination, a juvenile held in detention after the filing of a motion shall be given a hearing to determine whether continued detention is necessary. The juvenile shall be released unless this determination is made within 72 hours (excluding Saturdays, Sundays, and holidays) after the juvenile is taken into custody.

JuCR 7.3(f) If Petition or Motion Filed Before Custody. If a juvenile alleged to have violated a diversion agreement, a conditional release order, or a disposition order, or a deferred adjudication or deferred disposition order is taken into custody and held in detention after a petition to terminate the diversion agreement, a motion to modify the conditional release order or the disposition order, or a motion to revoke the deferred adjudication or deferred disposition order is filed, the juvenile shall be given a hearing within 72 hours (excluding Saturdays, Sundays, and holidays) after taking the juvenile into custody, or the juvenile shall be released.

COMMENT: These two subsections are revised incorporating deferred disposition as provided in 21 C338 L97, effective July 1, 1997.

JuCR 7.6(e) Determination of Capacity. A hearing to determine the juvenile's capacity shall be held within 14 days from the filing of the information, separate from and prior to arraignment. Notice of the hearing to determine capacity and its purpose shall be given in accordance with rule 11.2.

COMMENT: An earlier proposal for JuCR 7.6(e) was returned from the Supreme Court Rules Committee to the Superior Court Judges' Association for further review. This revised proposed rule establishes the information filing date as the starting date for calculating a 14-day time-frame for holding a capacity hearing.

JuCR 7.7 STATEMENT OF JUVENILE ON PLEA OF GUILTY

9. I have been informed and fully understand that my plea of guilty and the court's acceptance of my plea will become part of my criminal history. I have also been informed and fully understand that if the offense is a class A felony, a serious violent offense, or a sex offense, then the plea will remain part of my criminal history when I am an adult. I also understand that if the offense is a class B or C felony that is not classified as a serious violent or sex offense, or the offense is a serious traffic offense and I was 15 years of age or older when the offense was committed, then the plea will remain part of my criminal history when I am an adult if I commit another offense prior to my twenty-third birthday.

COMMENT: The revised language is based on the definition of criminal history pursuant to 7 C338 L97, effective July 1, 1997.

JuCR 7.8 (d) Excluded Periods. The following periods shall be excluded in computing the time for the adjudicatory hearing:

(6) The time required for determining the capacity of the juvenile offender.

COMMENT: Proposed JuCR 7.8(d) is being resumbitted in conjunction with the proposed revisions to JuCR 7.6(e).

Reviser's note: The spelling error in the above material occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.