H-0970.1 _______________________________________________
HOUSE BILL 1690
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Riley, Ludwig and Scott.
Read first time February 6, 1991. Referred to Committee on Judiciary.
AN ACT Relating to disposition and sentencing of juvenile offenders; amending RCW 13.40.020, 13.40.0354, and 13.40.0357; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses and include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(c) Attendance of information classes;
(d) Counseling; or
(e) Such other services to the extent funds are available for such services, conditions, or limitations as the court may require which may not include confinement;
(4) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a facility operated by or pursuant to a contract with any county. Confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;
(5) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(6) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;
(7) "Department" means the department of social and health services;
(8) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender or any other person or entity with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.04.040, as now or hereafter amended, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;
(9) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(10) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court;
(11) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(12) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;
(13) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;
(14) "Minor or first offender" means a person sixteen years of age or younger whose current offense(s) and criminal history fall entirely within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors;
(d) Three gross misdemeanors;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; possession of incendiary device; promoting prostitution in the first degree; violation of uniform controlled substances act--narcotic sale; or arson in the second degree.
For purposes of this definition, current violations shall be counted as misdemeanors;
(15) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(16) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(17) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(18) "Secretary" means the secretary of the department of social and health services;
(19) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(20) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(21) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(22) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(23) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration.
Sec. 2. RCW 13.40.0354 and 1989 c 407 s 6 are each amended to read as follows:
The total current offense points for use in the standards range matrix of schedules D-1, D-2, and D-3 are computed as follows:
(1)
The disposition offense category is determined by the offense of conviction. Offenses
are divided into ((ten)) thirteen levels of seriousness, ranging
from low (seriousness level ((E)) M1) to high (seriousness level
((A+)) A1), see schedule A, RCW 13.40.0357.
(2) The prior offense increase factor is summarized in schedule B, RCW 13.40.0357. The increase factor is determined for each prior offense by using the time span and the offense category in the prior offense increase factor grid. Time span is computed from the date of the prior offense to the date of the current offense. The total increase factor is determined by totalling the increase factors for each prior offense and adding a constant factor of 1.0.
(3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.
(4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.
Sec. 3. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
((JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR ATTEMPT
OFFENSE BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
.................................................................
Arson and Malicious Mischief
A Arson
1 (9A.48.020) B+
B Arson
2 (9A.48.030) C
C Reckless
Burning 1 (9A.48.040) D
D Reckless
Burning 2 (9A.48.050) E
B Malicious
Mischief 1 (9A.48.070) C
C Malicious
Mischief 2 (9A.48.080) D
D Malicious
Mischief 3 (<$50 is
E
class) (9A.48.090) E
E Tampering
with Fire Alarm
Apparatus
(9.40.100) E
A Possession
of Incendiary Device
(9.40.120) B+
Assault
and Other Crimes
Involving
Physical Harm
A Assault
1 (9A.36.011) B+
B+ Assault
2 (9A.36.021) C+
C+ Assault
3 (9A.36.031) D+
D+ Assault
4 (9A.36.041) E
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion
(9A.36.070) E
C+ Custodial
Assault (9A.36.100) D+
Burglary
and Trespass
B+ Burglary
1 (9A.52.020) C+
B Burglary
2 (9A.52.030) C
D Burglary
Tools (Possession of)
(9A.52.060) E
D Criminal
Trespass 1 (9A.52.070) E
E Criminal
Trespass 2 (9A.52.080) E
D Vehicle
Prowling (9A.52.100) E
Drugs
E Possession/Consumption
of Alcohol
(66.44.270) E
C Illegally
Obtaining Legend Drug
(69.41.020) D
C+ Sale,
Delivery, Possession of Legend
Drug
with Intent to Sell
(69.41.030) D+
E Possession
of Legend Drug
(69.41.030) E
B+ Violation
of Uniform Controlled
Substances
Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession
of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently
Obtaining Controlled
Substance
(69.50.403) C
C+ Sale
of Controlled Substance
for
Profit (69.50.410) C+
E Glue
Sniffing (9.47A.050) E
B Violation
of Uniform Controlled
Substances
Act - Narcotic
Counterfeit
Substances
(69.50.401(b)(1)(i)) B
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic
Counterfeit
Substances
(69.50.401(b)(1)
(ii), (iii), (iv)) C
C Violation
of Uniform Controlled
Substances
Act - Possession of a
Controlled
Substance
(69.50.401(d)) C
C Violation
of Uniform Controlled
Substances
Act - Possession of a
Controlled
Substance
(69.50.401(c)) C
Firearms
and Weapons
C+ Committing
Crime when Armed
(9.41.025) D+
E Carrying
Loaded Pistol Without
Permit
(9.41.050) E
E Use
of Firearms by Minor (<14)
(9.41.240) E
D+ Possession
of Dangerous Weapon
(9.41.250) E
D Intimidating
Another Person by use
of
Weapon (9.41.270) E
Homicide
A+ Murder
1 (9A.32.030) A
A+ Murder
2 (9A.32.050) B+
B+ Manslaughter
1 (9A.32.060) C+
C+ Manslaughter
2 (9A.32.070) D+
B+ Vehicular
Homicide (46.61.520) C+
Kidnapping
A Kidnap
1 (9A.40.020) B+
B+ Kidnap
2 (9A.40.030) C+
C+ Unlawful
Imprisonment
(9A.40.040) D+
D Custodial
Interference
(9A.40.050) E
Obstructing
Governmental Operation
E Obstructing
a Public Servant
(9A.76.020) E
E Resisting
Arrest (9A.76.040) E
B Introducing
Contraband 1
(9A.76.140) C
C Introducing
Contraband 2
(9A.76.150) D
E Introducing
Contraband 3
(9A.76.160) E
B+ Intimidating
a Public Servant
(9A.76.180) C+
B+ Intimidating
a Witness
(9A.72.110) C+
E Criminal
Contempt
(9.23.010) E
Public
Disturbance
C+ Riot
with Weapon (9A.84.010) D+
D+ Riot
Without Weapon
(9A.84.010) E
E Failure
to Disperse (9A.84.020) E
E Disorderly
Conduct (9A.84.030) E
Sex
Crimes
A Rape
1 (9A.44.040) B+
A- Rape
2 (9A.44.050) B+
C+ Rape
3 (9A.44.060) D+
A- Rape
of a Child 1 (9A.44.073) B+
B Rape
of a Child 2 (9A.44.076) C+
B Incest
1 (9A.64.020(1)) C
C Incest
2 (9A.64.020(2)) D
D+ Public
Indecency
(Victim
<14) (9A.88.010) E
E Public
Indecency (Victim 14
or
over) (9A.88.010) E
B+ Promoting
Prostitution 1
(9A.88.070) C+
C+ Promoting
Prostitution 2
(9A.88.080) D+
E O
& A (Prostitution) (9A.88.030) E
B+ Indecent
Liberties (9A.44.100) C+
B+ Child
Molestation 1 (9A.44.083) C+
C+ Child
Molestation 2 (9A.44.086) C
Theft,
Robbery, Extortion, and Forgery
B Theft
1 (9A.56.030) C
C Theft
2 (9A.56.040) D
D Theft
3 (9A.56.050) E
B Theft
of Livestock (9A.56.080) C
C Forgery
(9A.56.020) D
A Robbery
1 (9A.56.200) B+
B+ Robbery
2 (9A.56.210) C+
B+ Extortion
1 (9A.56.120) C+
C+ Extortion
2 (9A.56.130) D+
B Possession
of Stolen Property 1
(9A.56.150) C
C Possession
of Stolen Property 2
(9A.56.160) D
D Possession
of Stolen Property 3
(9A.56.170) E
C Taking
Motor Vehicle Without
Owner's
Permission (9A.56.070) D
Motor
Vehicle Related Crimes
E Driving
Without a License
(46.20.021) E
C Hit
and Run - Injury
(46.52.020(4)) D
D Hit
and Run-Attended
(46.52.020(5)) E
E Hit
and Run-Unattended
(46.52.010) E
C Vehicular
Assault (46.61.522) D
C Attempting
to Elude Pursuing
Police
Vehicle (46.61.024) D
E Reckless
Driving (46.61.500) E
D Driving
While Under the Influence
(46.61.515) E
B+ Negligent
Homicide by Motor
Vehicle
(46.61.520) C+
D Vehicle
Prowling (9A.52.100) E
C Taking
Motor Vehicle Without
Owner's
Permission (9A.56.070) D
Other
B Bomb
Threat (9.61.160) C
C Escape
11 (9A.76.110) C
C Escape
21 (9A.76.120) C
D Escape
3 (9A.76.130) E
C Failure
to Appear in Court
(10.19.130) D
E Tampering
with Fire Alarm
Apparatus
(9.40.100) E
E Obscene,
Harassing, Etc.,
Phone
Calls (9.61.230) E
A Other
Offense Equivalent to an
Adult
Class A Felony B+
B Other
Offense Equivalent to an
Adult
Class B Felony C
C Other
Offense Equivalent to an
Adult
Class C Felony D
D Other
Offense Equivalent to an
Adult
Gross Misdemeanor E
E Other
Offense Equivalent to an
Adult
Misdemeanor E
V Violation
of Order of Restitution,
Community
Supervision, or
Confinement
(13.40.200)2 V))
Level A1 (Attempt, Bailjump, Conspiracy,
or Solicitation: A3)
Murder 1 (9A.32.030)
Level A2 (Attempt, Bailjump, Conspiracy,
or Solicitation: B1)
Murder 2 (9A.32.050)
Level A3 (Attempt, Bailjump, Conspiracy,
or Solicitation: B1)
Arson 1 (9A.48.020)
Assault 1 (9A.36.011)
Kidnap 1 (9A.40.020)
Rape 1 (9A.44.040)
Robbery 1 (9A.56.200)
Other Offense Equivalent to an Adult Class A Felony
Level A4 (Attempt, Bailjump, Conspiracy,
or Solicitation: B2)
Rape 2 (9A.44.050)
Rape of a Child 1 (9A.44.073)
Uniform Controlled Substances Act
‑-Narcotic Sale on or Near School Grounds
(69.50.401(a)(1)(i))(69.50.435)
Level B1 (Attempt, Bailjump, Conspiracy,
or Solicitation: C1)
Burglary 1 (9A.52.020)
Child Molestation 1 (9A.44.083)
Indecent Liberties (9A.44.100)
Intimidating a Witness (9A.72.110)
Kidnap 2 (9A.40.030)
Manslaughter 1 (9A.32.060)
Promoting Prostitution 1 (9A.88.070)
Uniform Controlled Substances Act
‑-Narcotic Sale (69.50.401(a)(1)(i))
Vehicular Homicide (46.61.520)
Level B2 (Attempt, Bailjump, Conspiracy,
or Solicitation: C1)
Assault 2 (9A.36.021)
Extortion 1 (9A.56.120)
Possession of Incendiary Device (9.40.120)
Robbery 2 (9A.56.210)
Level B3 (Attempt, Bailjump, Conspiracy,
or Solicitation: C2)
Bomb Threat (9.61.160)
Incest 1 (9A.64.020(1))
Intimidating a Public Servant (9A.76.180)
Manslaughter 2 (9A.32.070)
Rape of a Child 2 (9A.44.076)
Residential Burglary (9A.52.025)
Level B4 (Attempt, Bailjump, Conspiracy,
or Solicitation: C2)
Arson 2 (9A.48.030)
Burglary 2 (9A.52.030)
Introducing Contraband 1 (9A.76.140)
Malicious Mischief 1 (9A.48.070)
Possession of Stolen Property 1 (9A.56.150)
Theft 1 (9A.56.030)
Theft of Livestock 1 (9A.56.080)
Uniform Controlled Substances Act
‑-Narcotic Counterfeit (69.50.401(b)(1)(i))
Other Offense Equivalent to an Adult Class B Felony
Level C1 (Attempt, Bailjump, Conspiracy,
or Solicitation: GM1)
Assault 3 (9A.36.031)
Child Molestation 2 (9A.44.086)
Custodial Assault (9A.36.100)
Extortion 2 (9A.56.130)
Promoting Prostitution 2 (9A.88.080)
Promoting Suicide Attempt (9A.36.060)
Rape 3 (9A.44.060)
Riot with Weapon (9A.84.010)
Sale, Delivery, Possession of Legend Drug
‑-Intent to Sell (69.41.030)
Sale of Controlled Substance for Profit (69.50.410)
Unlawful Imprisonment (9A.40.040)
Uniform Controlled Substances Act
‑-Nonnarcotic Sale on or near School Grounds
(69.50.401(a)(1)(ii))(69.50.435)
Level C2 (Attempt, Bailjump, Conspiracy,
or Solicitation: GM2)
Attempting to Elude Pursuing Police Vehicle
(46.61.024)
Escape 1 (9A.76.110)1
Escape 2 (9A.76.120)1
Failure to Appear in Court (10.19.130)
Forgery (9A.60.020)
Fraudulently Obtaining Controlled Substance
(69.50.403)
Hit and Run-Injury (46.52.020(4))
Illegally Obtaining Legend Drugs (69.41.020)
Incest 2 (9A.64.020(2))
Introducing Contraband 2 (9A.76.150)
Malicious Mischief 2 (9A.48.080)
Possession of Stolen Property 2 (9A.56.160)
Reckless Burning 1 (9A.48.040)
Taking Motor Vehicle Without Owner's Permission
(9A.56.070)
Theft 2 (9A.56.040)
Uniform Controlled Substances Act‑-Nonnarcotic
Counterfeit (69.50.401(b)(1) (ii), (iii), (iv)
Uniform Controlled Substances Act‑-Nonnarcotic Sale
(69.50.401(a)(1)(ii))
Uniform Controlled Substances Act‑-Possession of a
Controlled Substance (69.50.401(d))
Uniform Controlled Substances Act‑-Possession/Sale
of Substitute (69.50.401(c))
Vehicular Assault (46.61.522)
Other Offense Equivalent to an Adult Class C Felony
Level GM1 (Attempt, Bailjump, Conspiracy,
or Solicitation: M1)
Assault 4 (9A.36.041)
Coercion (9A.36.070)
Indecent Exposure (Victim Under 14) (9A.88.010)
Possession of Dangerous Weapon (9.41.250)
Reckless Endangerment 2 (9A.36.050)
Riot Without Weapon (9A.84.010)
Level GM2 (Attempt, Bailjump, Conspiracy,
or Solicitation: M1)
Burglary Tools (Possession of) (9A.52.060)
Criminal Trespass 1 (9A.52.070)
Driving While Under Influence (46.61.515)
Escape 3 (9A.76.130)
Hit and Run-Attended (46.52.020(5))
Intimidating Another Person by use of a Weapon
(9.41.270)
Malicious Mischief 3 (greater than $50) (9A.48.090)
Obscene, Harassing, etc., Phone Calls (9.61.230)
Possession of Stolen Property 3 (9A.56.170)
Reckless Burning 2 (9A.48.050)
Reckless Driving (46.61.500)
Theft 3 (9A.56.050)
Vehicle Prowling 2 (9A.52.100)
Other Offense Equivalent to an Adult Gross
Misdemeanor
Level M1 (Attempt, Bailjump, Conspiracy,
or Solicitation: M1)
Carrying Loaded Pistol Without Permit (9.41.050)
Criminal Trespass 2 (9A.52.080)
Disorderly Conduct (9A.84.030)
Driving Without a License (46.20.021)
Failure to Disperse (9A.84.020)
Hit and Run-Unattended (46.52.010)
Indecent Exposure (Victim 14 or over) (9A.88.010)
Introducing Contraband 3 (9A.76.160)
Malicious Mischief 3 (less than $50) (9A.48.090)
Obstructing a Public Servant (9A.76.020)
Possession/Consumption of Alcohol (66.44.270(2))
Possession of Legend Drug (69.41.030)
Possession of Marihuana <40 Grams (69.50.401(e)
Prostitution (9A.88.030)
Resisting Arrest (9A.76.040)
Tampering with Fire Alarm Apparatus (9.40.100)
Unlawful Inhalation (9.47A.020)
Use of Firearms by Minor (Under 14) (9.41.240)
Other Offense Equivalent to an Adult Misdemeanor
Level V
Order of Restitution, Community Supervision, or
Confinement (13.40.200)2
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C2 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.
Alphabetized List of Offenses
Offense (RCW Citation) Offense
Category
Arson 1 (9A.48.020) A3
Arson 2 (9A.48.030) B4
Assault 1 (9A.36.011) A3
Assault 2 (9A.36.021) B2
Assault 3 (9A.36.031) C1
Assault 4 (9A.36.041) GM1
Attempting to Elude Pursuing Police Vehicle (46.61.024) C2
Bomb Threat (9.61.160) B3
Burglary Tools (Possession of) (9A.52.060) GM2
Burglary 1 (9A.52.020) B1
Burglary 2 (9A.52.030) B4
Carrying Loaded Pistol Without Permit (9.41.050) M1
Child Molestation 1 (9A.44.083) B1
Child Molestation 2 (9A.44.086) C1
Coercion (9A.36.070) GM1
Criminal Trespass 1 (9A.52.070) GM2
Criminal Trespass 2 (9A.52.080) M1
Custodial Assault (9A.36.100) C1
Disorderly Conduct (9A.84.030) M1
Driving While Under Influence (46.61.515) GM2
Driving Without a License (46.20.021) M1
Escape 1 (9A.76.110) C2
Escape 2 (9A.76.120) C2
Escape 3 (9A.76.130) GM2
Extortion 1 (9A.56.120) B2
Extortion 2 (9A.56.130) C1
Failure to Appear in Court (10.19.130) C2
Failure to Disperse (9A.84.020) M1
Forgery (9A.60.020) C2
Fraudulently Obtaining Controlled Substance (69.50.403) C2
Hit and Run-Attended (46.52.020(5)) GM2
Hit and Run-Injury (46.52.020(4)) C2
Hit and Run-Unattended (46.52.010) M1
Illegally Obtaining Legend Drugs (69.41.020) C2
Incest 1 (9A.64.020(1)) B3
Incest 2 (9A.64.020(2)) C2
Indecent Exposure (Victim 14 or over) (9A.88.010) M1
Indecent Exposure (Victim Under 14) (9A.88.010) GM1
Indecent Liberties (9A.44.100) B1
Intimidating Another Person by use of a Weapon (9.41.270) GM2
Intimidating a Public Servant (9A.76.180) B3
Intimidating a Witness (9A.72.110) B1
Introducing Contraband 1 (9A.76.140) B4
Introducing Contraband 2 (9A.76.150) C2
Introducing Contraband 3 (9A.76.160) M1
Kidnap 1 (9A.40.020) A3
Kidnap 2 (9A.40.030) B1
Malicious Mischief 1 (9A.48.070) B4
Malicious Mischief 2 (9A.48.080) C2
Malicious Mischief 3 (greater than $50) (9A.48.090) GM2
Malicious Mischief 3 (less than $50) (9A.48.090) M1
Manslaughter 1 (9A.32.060) B1
Manslaughter 2 (9A.32.070) B3
Murder 1 (9A.32.030) A1
Murder 2 (9A.32.050) A2
Obscene, Harassing, etc., Phone Calls (9.61.230) GM2
Obstructing a Public Servant (9A.76.020) M1
Other Offense Equivalent to an Adult Gross Misdemeanor GM2
Other Offense Equivalent to an Adult Class A Felony A3
Other Offense Equivalent to an Adult Class C Felony C2
Other Offense Equivalent to an Adult Class B Felony B4
Other Offense Equivalent to an Adult Misdemeanor M1
Possession/Consumption of Alcohol (66.44.270(2)) M1
Possession of Dangerous Weapon (9.41.250) GM1
Possession of Incendiary Device (9.40.120) B2
Possession of Legend Drug (69.41.030) M1
Possession of Marihuana <40 Grams (69.50.401(e)) M1
Possession of Stolen Property 1 (9A.56.150) B4
Possession of Stolen Property 2 (9A.56.160) C2
Possession of Stolen Property 3 (9A.56.170) GM2
Promoting Prostitution 1 (9A.88.070) B1
Promoting Prostitution 2 (9A.88.080) C1
Promoting Suicide Attempt (9A.36.060) C1
Prostitution (9A.88.030) M1
Rape 1 (9A.44.040) A3
Rape 2 (9A.44.050) A4
Rape 3 (9A.44.060) C1
Rape of a Child 1 (9A.44.073) A4
Rape of a Child 2 (9A.44.076) B3
Reckless Burning 1 (9A.48.040) C2
Reckless Burning 2 (9A.48.050) GM2
Reckless Driving (46.61.500) GM2
Reckless Endangerment 2 (9A.36.050) GM1
Residential Burglary (9A.52.025) B3
Resisting Arrest (9A.76.040) M1
Riot with Weapon (9A.84.010) C1
Riot Without Weapon (9A.84.010) GM1
Robbery 1 (9A.56.200) A3
Robbery 2 (9A.56.210) B2
Sale, Delivery, Possession of Legend Drug‑-Intent to
Sell (69.41.030) C1
Sale of Controlled Substance for Profit (69.50.410) C1
Taking Motor Vehicle Without Owner's Permission (9A.56.070) C2
Tampering with Fire Alarm Apparatus (9.40.100) M1
Theft 1 (9A.56.030) B4
Theft 2 (9A.56.040) C2
Theft 3 (9A.56.050) GM2
Theft of Livestock 1 (9A.56.080) B4
Uniform Controlled Substances Act‑-Narcotic
Counterfeit (69.50.401(b)(1)(i)) B4
Uniform Controlled Substances Act-‑Narcotic
Sale (69.50.401(a)(1)(i)) B1
Uniform Controlled Substances Act-‑Narcotic
Sale on or near School Grounds
(69.50.401(a)(1)(i))(69.50.435) A4
Uniform Controlled Substances Act--Nonnarcotic
Counterfeit (69.50.401(b)(1) (ii), (iii), (iv)) C2
Uniform Controlled Substances Act‑-Nonnarcotic
Sale (69.50.401(a)(1)(ii)) C2
Uniform Controlled Substances Act‑-Nonnarcotic
Sale on or near School Grounds
(69.50.401(a)(1)(ii))(69.50.435) C1
Uniform Controlled Substances Act‑-Possession
of a Controlled Substance (69.50.401(d)) C2
Uniform Controlled Substances Act‑-Possession/
Sale of Substitute (69.50.401(c)) C2
Unlawful Imprisonment (9A.40.040) C1
Unlawful Inhalation (9.47A.020) M1
Use of Firearms by Minor (Under 14) (9.41.240) M1
Vehicle Prowling 2 (9A.52.100) GM2
Vehicular Assault (46.61.522) C2
Vehicular Homicide (46.61.520) B1
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For
use with all CURRENT OFFENSES occurring on or after July 1, ((1989)) 1991.
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))
Offense 1-12 13 Months
Category Months or More
-------------------------------------------------------------------
A1 .9 .9
A2 .9 .9
A3 .9 .6
A4 .9 .5
B1 .9 .4
B2 .9 .4
B3 .9 .3
B4 .9 .3
C1 .6 .2
C2 .5 .2
GM1 .3 .1
GM2 .2 .1
M1 .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)) 1991.
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))
Offense
Category 13 and Under 14 and 15 16 and 17
-------------------------------------------------------------------
A1 STANDARD RANGE 180-224 WEEKS
A2 STANDARD RANGE 180-224 WEEKS
A3 250 350 375
A4 150 185 200
B1 120 130 140
B2 110 120 130
B3 50 55 57
B4 45 50 57
C1 44 49 55
C2 40 45 50
GM1 16 20 24
GM2 14 18 22
M1 4 6 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.
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-((55))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
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term
of community supervision would effectuate a manifest injustice, another
disposition may be imposed. When a judge imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term and
the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2)
shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours 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
Confinement Weeks
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All ((A+))
A1 and A2 offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150, as now or hereafter amended.
OR
OPTION C
MANIFEST INJUSTICE
If the
court determines that a disposition under A or B would effectuate a manifest
injustice, the court shall sentence the juvenile to a maximum term and the
provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2)
shall be used to determine range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All
((A+)) A1 and A2
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A
disposition outside the standard range shall be determined and shall be
comprised of confinement or community supervision or a combination thereof.
When a judge finds a manifest injustice and imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term, and
the provisions of RCW ((13.40.030(5), as now or hereafter amended,)) 13.40.030(2)
shall be used to determine the range.
NEW SECTION. Sec. 4. This act applies to offenses committed on or after the effective date of this act.
NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.