_______________________________________________
ENGROSSED SUBSTITUTE HOUSE BILL 2466
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Committee on Human Services (originally sponsored by Representatives Ebersole, McLean, Leonard, Padden, Appelwick, Wineberry, Basich, Brumsickle, Ludwig, Lisk, Rayburn, Dellwo, Locke, Pruitt, Neher, R. King, Ogden, Anderson, Franklin, G. Fisher, Bray, Bowman, Edmondson, Moyer, Prentice, Spanel, Dorn, Riley, Silver, Heavey, Mielke, H. Myers, Inslee, Brekke, Chandler, Fuhrman, Jacobsen, Vance, Kremen, Hochstatter, Forner, Brough, Broback, Winsley, Ferguson, Wood, Horn, P. Johnson, Jones, Wang, Haugen, Zellinsky, Carlson, Mitchell, Sprenkle, J. Kohl, Valle, O'Brien, May, Roland, Fraser, Hine, Sheldon, Tate, and Rasmussen)
Read first time 01/29/92.
AN ACT Relating to recommendations of the juvenile issues task force; amending RCW 13.40.020, 13.40.027, 13.40.0357, 13.40.038, 13.40.050, 13.40.070, 13.40.080, 13.40.100, 13.40.130, 13.40.150, 13.40.200, 2.56.030, 2.56.030, 9.41.010, 9.41.040, 9.41.280, 13.04.011, 28A.225.020, 28A.225.090, 28A.225.150, 13.32A.130, 13.32A.140, 13.32A.150, 74.13.032, 74.13.033, 74.13.034, 74.13.035, 74.04.055, 71.34.010, and 71.34.020; amending 1991 c 234 s 1 (uncodified); amending 1991 c 234 s 2 (uncodified); adding new sections to chapter 13.40 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.225 RCW; adding new sections to chapter 13.32A RCW; adding new sections to chapter 71.34 RCW; adding new sections to chapter 70.96A RCW; creating new sections; repealing RCW 13.40.010; prescribing penalties; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I - JUVENILE JUSTICE
NEW SECTION. Sec. 101. The legislature reaffirms the dual policies of the juvenile justice act of 1977 of punishment and rehabilitation. However, the legislature finds that confusion exists about the relative priority of the purposes enumerated in section 55, chapter 291, Laws of 1977 ex. sess. and that simplification and clarification is necessary to reduce that confusion. The legislature finds that the policies of rehabilitation; accountability; and flexibility in service delivery, sanctions, and placement options are equally important in ensuring public safety. The purpose of section 102 of this act is to clarify that these goals are equally important.
NEW SECTION. Sec. 102. A new section is added to chapter 13.40 RCW to read as follows:
The purpose of this chapter is to establish a juvenile justice system that both punishes and rehabilitates juvenile offenders. The legislature intends that juvenile offenders be held accountable for their offenses, are justly punished, but are provided necessary treatment, rehabilitation, and supervision. Active parental and community involvement is vital to ensure swift response to youthful offenders' needs. Flexibility in disposition, sanctions, placement, and treatment alternatives within a structured discretionary framework will enhance the system's ability to respond to individual offender's needs while ensuring proportionality and fairness. Community safety will be achieved by implementing the following equally important purposes:
(1) Accountability and just punishment proportional to the offense, juvenile's age, and offense history;
(2) Treatment, rehabilitation, and supervision through flexibility in options for disposition, treatment, custody, programming, and active parental and community involvement;
(3) Victim restitution; and
(4) Due process protection for juvenile offenders with a clear policy to determine which types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the court, institutions, and community services.
Sec. 103. RCW 13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3)
"Community supervision" means an order of disposition by the court of
an adjudicated youth not committed to the department. A community
supervision order for a single offense may be for a period of up to two years
for a sex offense as defined by RCW 9.94A.030 and up to one year for other
offenses ((and)). Community supervision is an individualized program
comprised of one or more of the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(((c)))
(5) "Community-based rehabilitation" means one or more of the
following: Attendance of information classes;
(((d)
Counseling; or
(e)
Such other services to the extent funds are available for such services,)) counseling,
outpatient substance abuse treatment programs, outpatient mental health
programs, anger management classes, or other services; attendance at school or
other educational programs appropriate for the juvenile as determined by the
school district; or placement in foster care that is not used as a pretrial,
postadjudication, or postdisposition detention facility. Placement in
community-based rehabilitation programs is subject to available funds;
(6)
"Monitoring and reporting requirements" means one or more of the following:
Curfews; requirements to remain at home, school, work, or court-ordered
treatment programs during specified hours; restrictions from leaving or
entering specified geographical areas; requirements to report to the probation
officer as directed and to remain under the probation officer's supervision;
home monitoring by electronic or staff monitoring; and other conditions((,))
or limitations as the court may require which may not include confinement;
(((4)))
(7) "Confinement" means ((physical custody by the
department of social and health services in a facility operated by or pursuant
to a contract with the state, or physical custody in a facility operated by or
pursuant to a contract with any county)) incarceration in a detention
facility following: Arrest pending a detention hearing under RCW 13.40.050;
entry of an order of detention entered pursuant to RCW 13.40.050; commitment to
a county detention facility, the department, or an inpatient drug and alcohol
treatment facility following imposition of option D of RCW 13.40.0357;
modification of a disposition for violation of the disposition; or modification
of parole for violation of parole. The county may operate or contract with
vendors to operate county detention facilities. The department may operate or
contract to operate detention facilities for juveniles committed to the
department. Confinement of less than thirty-one days imposed as part of a
disposition or modification order may be served consecutively or
intermittently, in the discretion of the court;
(((5)))
(8) "Court", when used without further qualification, means
the juvenile court judge(s) or commissioner(s);
(((6)))
(9) "Criminal history" includes all criminal complaints
against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;
(((7)))
(10) "Department" means the department of social and health
services;
(((8)))
(11) "Detention facility" means a facility for the physical
confinement of a juvenile alleged to have committed an offense or an
adjudicated offender subject to a disposition or modification order. Detention
facilities may be secure, semisecure, or nonsecure, and may include group homes
and foster homes. Detention foster homes and group homes may not be used for
placement of juveniles who are ordered into rehabilitation placements pursuant
to a community supervision disposition. "Secure detention" means
lockup or staff-secure facilities. "Nonsecure detention" means
residential placement in the community in a physically nonrestrictive
environment under the supervision of the county probation department or
department of social and health services;
(12) "Home monitoring" means placement of the juvenile in the custody of the juvenile's parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the county probation department or the department of social and health services with electronic or staff monitoring;
(13)
"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,)) 13.40.080, or any person or entity specially
funded by the legislature to arrange and supervise diversion agreements in
accordance with the requirements of this chapter;
(((9)))
(14) "Institution" means a juvenile facility established
pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(((10)))
(15) "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)))
(16) "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)))
(17) "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)))
(18) "Middle offender" means a person who has committed an
offense and who is neither a minor or first offender nor a serious offender;
(((14)))
(19) "Minor or first offender" means a person sixteen years of
age or younger whose current offense(s) and criminal history fall entirely
within one of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors;
(d) Three gross misdemeanors;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.
For purposes of this definition, current violations shall be counted as misdemeanors;
(((15)))
(20) "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)))
(21) "Respondent" means a juvenile who is alleged or proven to
have committed an offense;
(((17)))
(22) "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)))
(23) "Secretary" means the secretary of the department of
social and health services;
(((19)))
(24) "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)))
(25) "Sex offense" means an offense defined as a sex offense
in RCW 9.94A.030;
(((21)))
(26) "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)))
(27) "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)))
(28) "Violation" means an act or omission, which if committed
by an adult, must be proven beyond a reasonable doubt, and is punishable by
sanctions which do not include incarceration.
Sec. 104. RCW 13.40.027 and 1989 c 407 s 2 are each amended to read as follows:
(1) It
is the responsibility of the commission to: (a) (i) Evaluate the effectiveness
of existing disposition standards and related statutes in implementing policies
set forth in ((RCW 13.40.010)) section 102 of this act generally and
(ii) specifically review the guidelines relating to the confinement of minor
and first offenders as well as the use of diversion; (b) solicit the comments
and suggestions of the juvenile justice community concerning disposition
standards; and (c) make recommendations to the legislature regarding revisions
or modifications of the disposition standards in accordance with RCW 13.40.030.
(2)
It is the responsibility of the department to: (a) Provide the commission with
available data concerning the implementation of the disposition standards and
related statutes and their effect on the performance of the department's
responsibilities relating to juvenile offenders; (b) at the request of the
commission, provide technical and administrative assistance to the commission
in the performance of its responsibilities; and (c) provide the commission and
legislature with recommendations for modification of the disposition standards.
Sec.
105. RCW
13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:
SCHEDULE
A
DESCRIPTION AND OFFENSE CATEGORY
JUVENILE
JUVENILE DISPOSITION
DISPOSITION CATEGORY FOR
ATTEMPT,
OFFENSE BAILJUMP, CONSPIRACY,
CATEGORY DESCRIPTION (RCW CITATION) OR SOLICITATION
.................................................................
Arson
and Malicious Mischief
A Arson
1 (9A.48.020) B+
B Arson
2 (9A.48.030) C
C Reckless
Burning 1 (9A.48.040) D
D Reckless
Burning 2 (9A.48.050) E
B Malicious
Mischief 1 (9A.48.070) C
C Malicious
Mischief 2 (9A.48.080) D
D Malicious
Mischief 3 (<$50 is
E
class) (9A.48.090) E
E Tampering
with Fire Alarm
Apparatus
(9.40.100) E
A Possession
of Incendiary Device
(9.40.120) B+
Assault
and Other Crimes
Involving
Physical Harm
A Assault
1 (9A.36.011) B+
B+ Assault
2 (9A.36.021) C+
C+ Assault
3 (9A.36.031) D+
D+ Assault
4 (9A.36.041) E
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion
(9A.36.070) E
C+ Custodial
Assault (9A.36.100) D+
Burglary
and Trespass
B+ Burglary
1 (9A.52.020) C+
B Burglary
2 (9A.52.030) C
D Burglary
Tools (Possession of)
(9A.52.060) E
D Criminal
Trespass 1 (9A.52.070) E
E Criminal
Trespass 2 (9A.52.080) E
D Vehicle
Prowling (9A.52.100) E
Drugs
E Possession/Consumption
of Alcohol
(66.44.270) E
C Illegally
Obtaining Legend Drug
(69.41.020) D
C+ Sale,
Delivery, Possession of Legend
Drug
with Intent to Sell
(69.41.030) D+
E Possession
of Legend Drug
(69.41.030) E
B+ Violation
of Uniform Controlled
Substances
Act - Narcotic Sale
(69.50.401(a)(1)(i)) B+
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic Sale
(69.50.401(a)(1)(ii)) C
E Possession
of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently
Obtaining Controlled
Substance
(69.50.403) C
C+ Sale
of Controlled Substance
for
Profit (69.50.410) C+
E ((Glue
Sniffing (9.47A.050))) E
Unlawful Inhalation (9.47A.020)
B Violation of Uniform Controlled
Substances Act - Narcotic
Counterfeit Substances
(69.50.401(b)(1)(i)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (ii), (iii), (iv)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
((C+ Committing
Crime when Armed
(9.41.025) D+))
E Carrying Loaded Pistol Without
Permit (9.41.050) E
E Use of Firearms by Minor (<14)
(9.41.240) E
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
((D Custodial
Interference
(9A.40.050) E))
Obstructing Governmental Operation
E Obstructing a Public Servant
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
((E Criminal
Contempt
(9.23.010) E))
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ ((Public
Indecency)) Indecent Exposure
(Victim <14) (9A.88.010) E
E ((Public
Indecency)) Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting Prostitution 2
(9A.88.080) D+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery
(((9A.56.020))) (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.515) E
B+ Negligent Homicide by Motor
Vehicle (46.61.520) C+
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
C Failure to Appear in Court
(10.19.130) D
E Tampering with Fire Alarm
Apparatus (9.40.100) E
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR OFFENSE INCREASE FACTOR
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25 Months
CATEGORY Months Months or More
.................................................................
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).
SCHEDULE C
CURRENT OFFENSE POINTS
For use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12 &
CATEGORY Under 13 14 15 16 17
..............................................................
A+ STANDARD RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C. In addition, the court may select option D. A disposition order for a minor/first offender may not include an order of confinement except pursuant to option D.
The court shall not order option D if the court imposes a manifest injustice under option C and commits the juvenile to the department of social and health services.
MINOR/FIRST OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service
Points Supervision Hours Fine
1-9 ((0-3))
0-12 months and/or 0-8 and/or 0-$10
10-19 ((0-3))
0-12 months and/or 0-8 and/or 0-$10
20-29 ((0-3))
0-12 months and/or 0-16 and/or 0-$10
30-39 ((0-3))
0-12 months and/or 8-24 and/or 0-$25
40-49 ((3-6))
0-12 months and/or 16-32 and/or 0-$25
50-59 ((3-6))
0-12 months and/or 24-40 and/or 0-$25
60-69 ((6-9))
0-12 months and/or 32-48 and/or 0-$50
70-79 ((6-9))
0-12 months and/or 40-55 and/or 0-$50
80-89 ((9-12))
0-12 months and/or 48-64 and/or 10-$100
90-109 ((9-12))
0-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.
OR
OPTION C
MANIFEST INJUSTICE
When a term
of community supervision would effectuate a manifest injustice, another
disposition may be imposed. When a judge imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term and
the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine the range.
AND
OPTION D
SUBSTANCE ABUSE TREATMENT
In addition to any disposition entered under option A, B, or C, following adjudication for an offense, but prior to disposition, the court may order the child to be evaluated for a substance abuse problem to determine whether inpatient or outpatient treatment for substance abuse is necessary. If the court finds that the child suffers from a substance abuse problem the court may order the child to participate in an outpatient treatment program as a condition of community supervision. If the evaluation recommends that the child be placed in treatment for a substance abuse problem, the court may order inpatient treatment if the commitment criteria are met for involuntary commitment of minors to inpatient drug and alcohol treatment pursuant to RCW 70.96A.140. The maximum period of time the court may order the offender into inpatient treatment is ninety days as a term of the disposition order for the offense. Placement in inpatient treatment or participation in outpatient treatment is subject to available funds.
Nothing in option D prevents the court from referring the juvenile to inpatient or outpatient treatment services that the juvenile may obtain on a voluntary basis. In addition, if the juvenile agrees to enter into inpatient or outpatient treatment on a voluntary basis, the court may include the agreement as part of the court's order on disposition. Failure to enter into treatment pursuant to the terms of the agreement entered in the disposition shall not be grounds to impose sanctions for a violation of the disposition under RCW 13.40.200 but shall be grounds for the court to modify the disposition order and, if appropriate, order the juvenile into treatment on an involuntary basis pursuant to the commitment provisions of option D.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days Weeks
.................................................................
1-9 ((0-3))
0-12 months and/or 0-8 and/or 0-$10 and/or 0
10-19 ((0-3))
0-12 months and/or 0-8 and/or 0-$10 and/or 0
20-29 ((0-3))
0-12 months and/or 0-16 and/or 0-$10 and/or 0
30-39 ((0-3))
0-12 months and/or 8-24 and/or 0-$25 and/or ((2‑4))
0-10
40-49 ((3-6))
0-12 months and/or 16-32 and/or 0-$25 and/or ((2‑4))
0-10
50-59 ((3-6))
0-12 months and/or 24-40 and/or 0-$25 and/or ((5‑10))
0-10
60-69 ((6-9))
0-12 months and/or 32-48 and/or 0-$50 and/or ((5-10))
10-20
70-79 ((6-9))
0-12 months and/or 40-56 and/or 0-$50 and/or 10‑20
80-89 ((9-12))
0-12 months and/or 48-64 and/or 0-$100 and/or 10‑20
90-109 ((9-12))
0-12 months and/or 56-72 and/or 0-$100 and/or ((15‑30))
20-30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.
All A+ offenses 180-224 weeks
OR
OPTION B
STATUTORY OPTION
0-12 Months Community Supervision
0-150 Hours Community Service
0-100 Fine
The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150, as now or hereafter amended.
OR
OPTION C
MANIFEST INJUSTICE
If the
court determines that a disposition under A or B would effectuate a manifest
injustice, the court shall sentence the juvenile to a maximum term and the
provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine range.
AND
OPTION D
SUBSTANCE ABUSE TREATMENT
In addition to any disposition entered under option A, B, or C, following adjudication for an offense, but prior to disposition, the court may order the child to be evaluated for a substance abuse problem to determine whether inpatient or outpatient treatment for substance abuse is necessary. If the court finds that the child suffers from a substance abuse problem the court may order the child to participate in an outpatient treatment program as a condition of community supervision. If the evaluation recommends that the child be placed in treatment for a substance abuse problem, the court may order inpatient treatment if the commitment criteria are met for involuntary commitment of minors to inpatient drug and alcohol treatment pursuant to RCW 70.96A.140. The maximum period of time the court may order the offender into inpatient treatment is ninety days as a term of the disposition order for the offense. Placement in inpatient treatment or participation in outpatient treatment is subject to available funds.
The court shall not order option D if the court commits the juvenile to the department of social and health services under an option A standard range commitment for middle offenders or under an option C manifest injustice. The court may order option D if the court imposes option B on a juvenile who may be committed to the department under the standard range.
Nothing in option D prevents the court from referring the juvenile to inpatient or outpatient treatment services that the juvenile may obtain on a voluntary basis. In addition, if the juvenile agrees to enter into inpatient or outpatient treatment on a voluntary basis, the court may include the agreement as part of the court's order on disposition. Failure to enter into treatment pursuant to the terms of the agreement entered in the disposition shall not be grounds to impose sanctions for a violation of the disposition under RCW 13.40.200 but shall be grounds for the court to modify the disposition order and, if appropriate, order the juvenile into treatment on an involuntary basis pursuant to the commitment provisions of option D.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+
Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A
disposition outside the standard range shall be determined and shall be
comprised of confinement or community supervision or a combination thereof.
When a judge finds a manifest injustice and imposes a sentence of confinement
exceeding 30 days, the court shall sentence the juvenile to a maximum term, and
the provisions of RCW ((13.40.030(5))) 13.40.030(2), as now or
hereafter amended, shall be used to determine the range.
SCHEDULE E
DEADLY WEAPON DISPOSITION ENHANCEMENT
The following additional times shall be added to the determinate disposition under option A, B, or C in schedule D for middle and serious offenders if the court enters a finding that the offender or an accomplice was armed with a deadly weapon as defined in RCW 9.94A.125:
(1) 26 weeks if the offender is adjudicated for the commission of Rape 1 (RCW 9A.44.040), Robbery 1 (RCW 9A.56.200), or Kidnapping 1 (RCW 9A.40.020);
(2) 16 weeks if the offender is adjudicated for the commission of Burglary 1 (RCW 9A.52.020);
(3) 12 weeks if the offender is adjudicated for the commission of Assault 2 (RCW 9A.36.020 or 9A.36.021), Escape 1 (RCW 9A.76.110), Kidnapping 2 (RCW 9A.40.030), Burglary 2 of a building other than a dwelling (RCW 9A.52.030), Theft of Livestock 1 or 2 (RCW 9A.56.080), or any drug offense.
Sec. 106. RCW 13.40.038 and 1986 c 288 s 7 are each amended to read as follows:
It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment and that unadjudicated youth remain in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW.
The counties shall develop and implement detention intake standards and risk assessment standards to determine whether detention is warranted and if so whether the juvenile should be placed in secure or nonsecure detention to implement the goals of this section. Inability to pay for a less restrictive detention placement shall not be a basis for denying a respondent a less restrictive placement in the community. The detention and risk assessment standards shall be developed and implemented no later than December 31, 1992.
Sec. 107. RCW 13.40.050 and 1979 c 155 s 58 are each amended to read as follows:
(1) When a juvenile taken into custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2) Upon
filing an information, a community supervision modification, or termination of
diversion petition as required under subsection (1)(a) of this section, the
clerk of the court shall issue a summons directed to the parent, guardian, or
custodian, and such other persons as appears to the court to be proper or
necessary parties to the proceedings, requiring them to appear personally
before the court at the time fixed for the hearing required under subsection
(1)(b) of this section. The summons shall include notice of the ((detention))
hearing, stating the time, place, and purpose of the hearing, and stating the
right to counsel((, shall be given to the parent, guardian, or custodian if
such person can be found and)). Such notice shall also be given to
the juvenile ((if over twelve years of age)) held in detention. When
the custodian is summoned, the parent or guardian or both shall also be served
with a summons.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall at the detention hearing be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 as now or hereafter amended.
(6) If detention is not necessary under RCW 13.40.040, as now or hereafter amended, the court shall impose the most appropriate of the following conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d)
Impose any condition other than detention deemed reasonably necessary to assure
appearance as required; ((or))
(e) Place the juvenile under home monitoring; or
(f) Require that the juvenile return to detention during specified hours.
(7) 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.
Sec. 108. RCW 13.40.070 and 1989 c 407 s 9 are each amended to read as follows:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and
(b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.
(3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor. In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.
(4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:
(a) An
alleged offender is accused of a class A felony, a class B felony, an attempt
to commit a class B felony, ((assault in the third degree, rape in the third
degree)) a class C felony listed in RCW 9.94A.440(2) as a crime against
persons, or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An alleged offender is accused of a felony and has a criminal history of at least one class A or class B felony, or two class C felonies, or at least two gross misdemeanors, or at least two misdemeanors and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor; or
(c) An alleged offender has previously been committed to the department; or
(d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or
(((d)))
(e) An alleged offender has three or more diversions on the alleged
offender's criminal history ((within eighteen months of the current alleged
offense)).
(6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense(s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies: PROVIDED, That if the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted. In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile. Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs. Mediation and victim offender reconciliation programs shall be voluntary for victims.
Sec. 109. RCW 13.40.080 and 1985 c 73 s 2 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;
(c)
Attendance at up to ((two)) ten hours of counseling and/or up to
((ten)) twenty hours of educational or informational sessions at
a community agency: PROVIDED, That the state shall not be liable for costs
resulting from the diversionary unit exercising the option to permit diversion
agreements to mandate attendance at up to ((two)) ten hours of
counseling and/or up to ((ten)) twenty hours of educational or
informational sessions; and
(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed.
(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(4) A
diversion agreement may not exceed a period of six months ((for a
misdemeanor or gross misdemeanor or one year for a felony)) and may include
a period extending beyond the eighteenth birthday of the divertee. Any
restitution assessed during its term may not exceed an amount which the
juvenile could be reasonably expected to pay during this period. If additional
time is necessary for the juvenile to complete restitution to the victim, the
time period limitations of this subsection may be extended by an additional six
months.
(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(7) The diversion unit shall, 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.
(((8)))
(9) The diversion unit may refer a juvenile to treatment programs or the
department's family reconciliation services.
(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The
juvenile shall be advised that a diversion agreement shall constitute a part of
the juvenile's criminal history as defined by RCW 13.40.020(((6)))(9)
as now or hereafter amended. A signed acknowledgment of such advisement shall
be obtained from the juvenile, and the document shall be maintained by the
diversionary unit together with the diversion agreement, and a copy of both
documents shall be delivered to the prosecutor if requested by the prosecutor.
The supreme court shall promulgate rules setting forth the content of such
advisement in simple language.
(((9)))
(11) When a juvenile enters into a diversion agreement, the juvenile
court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(((10)))
(12) A diversionary unit may refuse to enter into a diversion agreement
with a juvenile. When a diversionary unit refuses to enter a diversion
agreement with a juvenile, it shall immediately refer such juvenile to the
court for action and shall forward to the court the criminal complaint and a
detailed statement of its reasons for refusing to enter into a diversion
agreement. The diversionary unit shall also immediately refer the case to the
prosecuting attorney for action if such juvenile violates the terms of the
diversion agreement.
(((11)))
(13) A diversionary unit may, in instances where it determines that the
act or omission of an act for which a juvenile has been referred to it involved
no victim, or where it determines that the juvenile referred to it has no prior
criminal history and is alleged to have committed an illegal act involving no
threat of or instance of actual physical harm and involving not more than fifty
dollars in property loss or damage and that there is no loss outstanding to the
person or firm suffering such damage or loss, counsel and release or release
such a juvenile without entering into a diversion agreement((: PROVIDED,
That)). A diversion unit's authority to counsel and release a juvenile
under this subsection shall include the authority to refer the juvenile to local
treatment programs or the department's family reconciliation services. Any
juvenile ((so handled)) released under this subsection shall be
advised that the act or omission of any act for which he or she had been
referred shall constitute a part of the juvenile's criminal history as defined
by RCW 13.40.020(((6)))(9) as now or hereafter amended. A signed
acknowledgment of such advisement shall be obtained from the juvenile, and the
document shall be maintained by the unit, and a copy of the document shall be
delivered to the prosecutor if requested by the prosecutor. The supreme court
shall promulgate rules setting forth the content of such advisement in simple
language((: PROVIDED FURTHER, That)). A juvenile determined to
be eligible by a diversionary unit for ((such)) release as provided
in this subsection shall retain the same right to counsel and right to have
his or her case referred to the court for formal action as any other juvenile
referred to the unit.
(((12)))
(14) A diversion unit may supervise the fulfillment of a diversion
agreement entered into before the juvenile's eighteenth birthday and which
includes a period extending beyond the divertee's eighteenth birthday.
(((13)))
(15) If a fine required by a diversion agreement cannot reasonably be
paid due to a change of circumstance, the diversion agreement may be modified
at the request of the divertee and with the concurrence of the diversion unit
to convert an unpaid fine into community service. The modification of the
diversion agreement shall be in writing and signed by the divertee and the
diversion unit. The number of hours of community service in lieu of a monetary
penalty shall be converted at the rate of the prevailing state minimum wage per
hour.
(((14)))
(16) Fines imposed under this section shall be collected and paid into
the county general fund in accordance with procedures established by the
juvenile court administrator under RCW 13.04.040 and may be used only for juvenile
services. In the expenditure of funds for juvenile services, there shall be a
maintenance of effort whereby counties exhaust existing resources before using
amounts collected under this section.
Sec. 110. RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows:
(1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.
(2) ((If
notice is by summons,)) The clerk of the court shall also
issue a summons directed to ((the juvenile, if the juvenile is twelve or
more years of age, and another to)) the parents, guardian, or custodian,
and such other persons as appear to the court to be proper or necessary parties
to the proceedings, requiring them to appear personally before the court at the
time fixed to hear the petition. Where the custodian is summoned, the parent
or guardian or both shall also be served with a summons.
(3) A copy of the information shall be attached to each summons.
(4) The summons shall advise the parties of the right to counsel.
(5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.
(6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, as now or hereafter amended, the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.
(7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.
(8) If the person summoned as herein provided fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court.
(9) When the clerk issues a summons to the parents, the clerk shall also serve with the summons a letter from the court directed to the parents. The letter shall encourage the parents to appear and participate in the juvenile court proceedings. The letter shall notify the parents that the parents: (a) Have a right to be advised of future court dates involving the juvenile if the parents appear at the next hearing; (b) have a right to give a statement to the court regarding the disposition to be imposed if the offender is found to have committed the offense; and (c) may obtain referrals for appropriate services from the court if the parent appears at the hearings. The letter shall notify the parent who is the assigned probation officer, if any, and if no probation officer is assigned, the letter shall provide a telephone number for the parent to use to call for information about hearings involving their child. If the child is in a detention facility, the letter shall provide the telephone number of the detention facility. The letter shall advise the parents that the court may hold the parent in contempt for failure to appear at the next hearing specified in the summons but that the court may excuse the parent's attendance for a reasonable cause. The letter shall also advise the parents that the court may refer the child and family to other agencies for appropriate services such as counseling, appropriate classes, the department's family reconciliation services, or to investigating agencies such as community mental health or drug and alcohol specialists or the attorney general for child protective services investigations.
The office of the administrator for the courts may develop a form letter for the court clerk's use.
Subject to available funds and time constraints, the court clerk shall make a reasonable effort to determine if the juvenile is a dependant of the state of Washington, in which case, the juvenile court may waive all or part of the requirement to send the letter to the parents. If the juvenile is the subject of a dependency provision, the court may waive all or a portion of the requirement to send a letter, but the court clerk shall advise the department of social and health services of the pending matter.
Sec. 111. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:
(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.
(2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set.
(3) 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 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) The court may require the probation officer conducting the predisposition study ordered under subsection (7) of this section, to investigate whether the juvenile's parents require services to address family problems or substance abuse problems that may be adversely impacting the juvenile and may be contributing to the juvenile's involvement with delinquency. If the court orders the investigation, the probation officer shall, within available funds, conduct an investigation and make a recommendation to the court regarding referral to services or to other investigatory agencies.
Sec. 112. RCW 13.40.150 and 1990 c 3 s 605 are each amended to read as follows:
(1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information. The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed. The prosecutor and counsel for the juvenile may submit recommendations for disposition.
(2) For purposes of disposition:
(a) Violations which are current offenses count as misdemeanors;
(b) Violations may not count as part of the offender's criminal history;
(c) In no event may a disposition for a violation include confinement.
(3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:
(a) Consider the facts supporting the allegations of criminal conduct by the respondent;
(b) Consider information and arguments offered by parties and their counsel;
(c) Consider any predisposition reports;
(d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;
(e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;
(f) Determine the amount of restitution owing to the victim, if any;
(g) Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender;
(h) Consider whether or not any of the following mitigating factors exist:
(i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;
(ii) The respondent acted under strong and immediate provocation;
(iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;
(iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and
(v) There has been at least one year between the respondent's current offense and any prior criminal offense;
(i) Consider whether or not any of the following aggravating factors exist:
(i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;
(ii) The offense was committed in an especially heinous, cruel, or depraved manner;
(iii) The victim or victims were particularly vulnerable;
(iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;
(v) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127;
(vi) The respondent was the leader of a criminal enterprise involving several persons; and
(vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.
(4) The following factors may not be considered in determining the punishment to be imposed:
(a) The sex of the respondent;
(b) The race or color of the respondent or the respondent's family;
(c) The creed or religion of the respondent or the respondent's family;
(d) The economic or social class of the respondent or the respondent's family; and
(e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.
(5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.
NEW SECTION. Sec. 113. A new section is added to chapter 13.40 RCW to read as follows:
At the disposition hearing, the court shall consider any recommendations in the presentence report regarding referrals of the parents to services or agencies designed to address any family problems or any parental substance abuse problems that may be adversely impacting the juvenile and may be contributing to the juvenile's involvement with delinquency. The parents may respond to the recommendations at the disposition hearing. If the court determines that referral to other services or to another investigatory agency is appropriate the court shall enter findings of fact in the disposition order. The court shall make or cause appropriate referrals to be made. The referral of the parents to services or to other agencies shall not be a condition of the juvenile's disposition for the offense. A finding by the court that the parent's family problems or substance abuse problems may be adversely impacting the juvenile or may be contributing to the juvenile's involvement with delinquency shall not be a mitigating factor in setting the disposition.
The purpose of this section is solely to provide the court express authority to refer parents to services and other investigatory agencies. Nothing in this section shall be construed to require addition of new facilities, expansion of programs, or expenditure of funds beyond existing resources nor does it affect the department of social and health services', the counties', and private vendors' authority to determine the uses of those existing programs and facilities.
Sec. 114. RCW 13.40.200 and 1986 c 288 s 5 are each amended to read as follows:
(1) When a respondent fails to comply with an order of restitution, community supervision, penalty assessments, or confinement of less than thirty days, the court upon motion of the prosecutor or its own motion, may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due process of law as would be afforded an adult probationer. The court may issue a summons or a warrant to compel the respondent's appearance. The state shall have the burden of proving by a preponderance of the evidence the fact of the violation. The respondent shall have the burden of showing that the violation was not a wilful refusal to comply with the terms of the order. If a respondent has failed to pay a fine, penalty assessments, or restitution or to perform community service hours, as required by the court, it shall be the respondent's burden to show that he or she did not have the means and could not reasonably have acquired the means to pay the fine, penalty assessments, or restitution or perform community service.
(3) (a) If the court finds that a respondent has wilfully violated the terms of an order pursuant to subsections (1) and (2) of this section, it may impose a penalty of up to thirty days' confinement. Penalties for multiple violations occurring prior to the hearing shall not be aggregated to exceed thirty days' confinement. Regardless of the number of times a respondent is brought to court for violations of the terms of a single disposition order, the combined total number of days spent by the respondent in detention shall never exceed the maximum term to which an adult could be sentenced for the underlying offense.
(b) If the violation of the terms of the order under (a) of this subsection is failure to pay fines, penalty assessments, complete community service, or make restitution, the term of confinement imposed under (a) of this subsection shall be assessed at a rate of one day of confinement for each twenty-five dollars or eight hours owed.
(4) If a respondent has been ordered to pay a fine or monetary penalty and due to a change of circumstance cannot reasonably comply with the order, the court, upon motion of the respondent, may order that the unpaid fine or monetary penalty be converted to community service. The number of hours of community service in lieu of a monetary penalty or fine shall be converted at the rate of the prevailing state minimum wage per hour. The monetary penalties or fines collected shall be deposited in the county general fund. A failure to comply with an order under this subsection shall be deemed a failure to comply with an order of community supervision and may be proceeded against as provided in this section.
(5) Nothing in this section prohibits filing of escape charges if the juvenile escapes from confinement except that no escape charges may be filed if the juvenile leaves an inpatient treatment facility without permission in violation of a court order pursuant to option D of RCW 13.40.0357. Failure to comply with an order pursuant to option D of RCW 13.40.0357 shall be a basis for modification under this section.
NEW SECTION. Sec. 115. A new section is added to chapter 13.40 RCW to read as follows:
The legislature finds that the purposes of this chapter are best implemented by regionally based facilities.
Consistent with this finding, the department, in cooperation and consultation with local communities and affected agencies, shall develop a plan to reduce its reliance on large institutional facilities for juvenile offenders committed to the department by redistributing a portion of its institutional beds to secure regionally based facilities. The department's plan shall: (1) Provide sufficient beds to house all committed offenders at security levels commensurate with the offender's risk to public safety; (2) redistribute to secure regional facilities up to two hundred forty beds from the five existing institutions for juvenile offenders between July 1, 1993, and June 30, 1997; (3) include a specific risk assessment tool for determining which offenders may be placed in various security levels which will ensure offenders posing the greatest risk are held in more secure settings than offenders posing lesser risk; (4) include a siting plan and schedule for the timely siting and development of smaller secure and semisecure regional facilities to ensure the most effective rehabilitation efforts; (5) include a specific plan ensuring offenders will be housed in regional facilities close to their home communities unless such placement is contrary to the best interests of the offender, their family, or public safety; (6) include a cost analysis of the construction and renovation, if any, and operation of the facilities.
The department shall submit the plan no later than September 1, 1992, to the appropriate policy and fiscal committees of the house of representatives and the senate. The department shall incorporate the plan into the department's budget proposal for the 1993-95 biennium. No reduction in secure beds shall occur until, and then only to the extent that, regional secure beds are substituted on at least a one-to-one ratio.
NEW SECTION. Sec. 116. The department of social and health services shall investigate mechanisms for increasing the use of federal funds throughout the juvenile justice system. The department shall identify ways to increase federal funding for these programs in concert with the office of financial management, the counties, and juvenile court administrators. The department shall report the results of its investigation to the appropriate fiscal committees of the senate and house of representatives by December 1, 1992.
Sec. 117. RCW 2.56.030 and 1989 c 95 s 2 are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;
(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;
(11) Administer programs and standards for the training and education of judicial personnel;
(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature by January 1, 1989. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
(13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(14) Attend to such other matters as may be assigned by the supreme court of this state;
(15)
Develop a curriculum for a general understanding of child development,
placement, and treatment resources, as well as specific legal skills and
knowledge of relevant statutes including chapters 13.32A ((and)),
13.34, and 13.40 RCW, cases, court rules, interviewing skills, and
special needs of the abused or neglected child. This curriculum shall be
completed and made available to all juvenile court judges, court personnel, and
service providers by July 1, 1988. The curriculum shall be updated yearly
to reflect changes in statutes, court rules, or case law;
(16) Develop a curriculum for a general understanding of hate or bias crimes, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be completed and made available to all superior court and court of appeals judges and to all justices of the supreme court by July 1, 1989.
Sec. 118. RCW 2.56.030 and 1992 c -- s 117 (section 117 of this act) are each amended to read as follows:
The administrator for the courts shall, under the supervision and direction of the chief justice:
(1) Examine the administrative methods and systems employed in the offices of the judges, clerks, stenographers, and employees of the courts and make recommendations, through the chief justice, for the improvement of the same;
(2) Examine the state of the dockets of the courts and determine the need for assistance by any court;
(3) Make recommendations to the chief justice relating to the assignment of judges where courts are in need of assistance and carry out the direction of the chief justice as to the assignments of judges to counties and districts where the courts are in need of assistance;
(4) Collect and compile statistical and other data and make reports of the business transacted by the courts and transmit the same to the chief justice to the end that proper action may be taken in respect thereto;
(5) Prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the judicial system and make recommendations in respect thereto;
(6) Collect statistical and other data and make reports relating to the expenditure of public moneys, state and local, for the maintenance and operation of the judicial system and the offices connected therewith;
(7) Obtain reports from clerks of courts in accordance with law or rules adopted by the supreme court of this state on cases and other judicial business in which action has been delayed beyond periods of time specified by law or rules of court and make report thereof to supreme court of this state;
(8) Act as secretary of the judicial conference referred to in RCW 2.56.060;
(9) Formulate and submit to the judicial council of this state recommendations of policies for the improvement of the judicial system;
(10) Submit annually, as of February 1st, to the chief justice and the judicial council, a report of the activities of the administrator's office for the preceding calendar year;
(11) Administer programs and standards for the training and education of judicial personnel;
(12) Examine the need for new superior court and district judge positions under a weighted caseload analysis that takes into account the time required to hear all the cases in a particular court and the amount of time existing judges have available to hear cases in that court. The results of the weighted caseload analysis shall be reviewed by the board for judicial administration and the judicial council, both of which shall make recommendations to the legislature by January 1, 1989. It is the intent of the legislature that weighted caseload analysis become the basis for creating additional district court positions, and recommendations should address that objective;
(13) Provide staff to the judicial retirement account plan under chapter 2.14 RCW;
(14) Attend to such other matters as may be assigned by the supreme court of this state;
(15) Develop a curriculum for a general understanding of child development, placement, and treatment resources, as well as specific legal skills and knowledge of relevant statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, court rules, interviewing skills, and special needs of the abused or neglected child. This curriculum shall be completed and made available to all juvenile court judges, court personnel, and service providers by July 1, 1988. The curriculum shall be updated yearly to reflect changes in statutes, court rules, or case law;
(16) Develop a curriculum for a general understanding of hate or bias crimes, as well as specific legal skills and knowledge of RCW 9A.36.080, relevant cases, court rules, and the special needs of malicious harassment victims. This curriculum shall be completed and made available to all superior court and court of appeals judges and to all justices of the supreme court by July 1, 1989;
(17) Collect data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile offenders due to economic or racial factors that may result from implementation of chapter ..., Laws of 1992 (this act). Beginning December 1, 1993, the office of the administrator for the courts shall report annually to the legislature on economic or racial disproportionality in the rates of arrest, detention, trial, treatment, and disposition in the state's juvenile justice system. The report shall cover the preceding calendar year. The annual report shall identify the causes of the disproportionality and shall specifically point out any economic or racial disproportionality resulting from implementation of chapter ..., Laws of 1992 (this act).
Sec. 119. RCW 9.41.010 and 1983 c 232 s 1 are each amended to read as follows:
(1) "Short firearm" or "pistol" as used in this chapter means any firearm with a barrel less than twelve inches in length.
(2) "Crime of violence" as used in this chapter means:
(a) Any of the following felonies, as now existing or hereafter amended: Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, rape in the second degree, kidnapping in the second degree, arson in the second degree, assault in the second degree, extortion in the first degree, burglary in the second degree, and robbery in the second degree;
(b) Any conviction or adjudication for a felony offense in effect at any time prior to July 1, 1976, which is comparable to a felony classified as a crime of violence in subsection (2)(a) of this section; and
(c) Any federal or out-of-state conviction or adjudication for an offense comparable to a felony classified as a crime of violence under subsection (2) (a) or (b) of this section.
(3) "Firearm" as used in this chapter means a weapon or device from which a projectile may be fired by an explosive such as gunpowder.
(4) "Commercial seller" as used in this chapter means a person who has a federal firearms license.
Sec. 120. RCW 9.41.040 and 1983 c 232 s 2 are each amended to read as follows:
(1) ((A
person)) An adult or juvenile is guilty of the crime of unlawful
possession of a short firearm or pistol, if, having previously been convicted or,
as a juvenile, adjudicated in this state or elsewhere of a crime of
violence or of a felony in which a firearm was used or displayed, the person
owns or has in his possession any short firearm or pistol.
(2) Unlawful possession of a short firearm or pistol shall be punished as a class C felony under chapter 9A.20 RCW.
(3) As used in this section, a person has been "convicted or adjudicated" at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. A person shall not be precluded from possession under this section if the conviction or adjudication has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or adjudicated or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.
(4) Except as provided in subsection (5) of this section, a person is guilty of the crime of unlawful possession of a short firearm or pistol if, after having been convicted or adjudicated of any felony violation of the uniform controlled substances act, chapter 69.50 RCW, or equivalent statutes of another jurisdiction, or after any period of confinement under RCW 71.05.320 or an equivalent statute of another jurisdiction, or following a record of commitment pursuant to chapter 10.77 RCW or equivalent statutes of another jurisdiction, he owns or has in his possession or under his control any short firearm or pistol.
(5) Notwithstanding subsection (1) of this section, a person convicted of an offense other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401(a) and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from ownership, possession, or control of a firearm as a result of the conviction.
Sec. 121. RCW 9.41.280 and 1989 c 219 s 1 are each amended to read as follows:
(1) It is unlawful for an elementary or secondary school student under the age of twenty-one knowingly to carry onto public or private elementary or secondary school premises:
(a) Any firearm; or
(b) Any dangerous weapon as defined in RCW 9.41.250; or
(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or
(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or
(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.
(2) Any such student violating subsection (1) (b) through (e) of this section is guilty of a gross misdemeanor. Any student violating subsection (1)(a) of this section is guilty of a class C felony.
Any violation of subsection (1) of this section constitutes grounds for expulsion.
(3) Subsection (1) of this section does not apply to:
(a) Any student of a private military academy; or
(b) Any student engaged in military activities, sponsored by the federal or state governments while engaged in official duties; or
(c) Any student who is attending a convention or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; or
(d)
Any student who possesses nun-chu-ka sticks, throwing stars, or other dangerous
weapons to be used in martial arts classes conducted on the school premises; ((or))
(e) Any student while the student is participating in a firearms or air gun competition approved by the school or school district;
(f) Any student who has permission of the school authorities to bring the firearm to school for participation in school classes such as a woodworking class; or
(g) Any student who keeps a hunting rifle or shotgun in a vehicle the student drives to the school premises if the student keeps the vehicle locked while unattended and does not remove the firearm from the vehicle while on the school premises without permission of the school authorities.
Sec. 122. RCW 13.04.011 and 1979 c 155 s 1 are each amended to read as follows:
For purposes of this title:
(1) Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, as now or hereafter amended, "juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years;
(2)
"Juvenile offender" and "juvenile offense" have the meaning
ascribed in RCW ((13.40.010 through 13.40.240)) 13.40.020;
(3) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s);
(4) "Parent" or "parents," except as used in chapter 13.34 RCW, as now or hereafter amended, means that parent or parents who have the right of legal custody of the child. "Parent" or "parents" as used in chapter 13.34 RCW, means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings;
(5) "Custodian" means that person who has the legal right to custody of the child.
NEW SECTION. Sec. 123. A new section is added to chapter 28A.600 RCW to read as follows:
School districts may participate in the exchange of information with law enforcement and juvenile court officials to the extent permitted by federal law. When directed by court order or pursuant to any lawfully issued subpoena, a school district shall make student records and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to the information. Parents and students shall be notified by the school district of all such orders or subpoenas in advance of compliance with them.
NEW SECTION. Sec. 124. RCW 13.40.010 and 1977 ex.s. c 291 s 55 are each repealed.
"PART II - FAMILIES AT RISK"
NEW SECTION. Sec. 201. A new section is added to chapter 28A.225 RCW to read as follows:
Each school within a school district shall inform the students and the parents of the students enrolled in the school about the compulsory education requirements under this chapter. The school shall distribute the information at least annually.
Sec. 202. RCW 28A.225.020 and 1986 c 132 s 2 are each amended to read as follows:
If a
juvenile required to attend school under the laws of the state of Washington
fails to attend school without valid justification ((recurrently or for an
extended period of time)), the juvenile's school((, where appropriate,))
shall:
(1)
Inform the juvenile's custodial parent, parents or guardian by a notice in
writing in English and, if different, in the primary language of the custodial
parent, parents or guardian and by other means reasonably necessary to achieve
notice of the fact that the juvenile has failed to attend school without valid
justification ((recurrently or for an extended period of time)) after
one unexcused absence;
(2) Schedule a conference or conferences with the custodial parent, parents or guardian and juvenile at a time and place reasonably convenient for all persons included for the purpose of analyzing the causes of the juvenile's absences; and
(3) Take steps to eliminate or reduce the juvenile's absences. These steps shall include, where appropriate, adjusting the juvenile's school program or school or course assignment, providing more individualized or remedial instruction, preparing the juvenile for employment with specific vocational courses or work experience, or both, and assisting the parent or student to obtain supplementary services that might eliminate or ameliorate the cause or causes for the absence from school.
Sec. 203. RCW 28A.225.090 and 1990 c 33 s 226 are each amended to read as follows:
Any person violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. However, a child found to be in violation of RCW 28A.225.010 shall be required to attend school and shall not be fined. If the child fails to comply with the court order to attend school, the court may order the child be punished by detention or may impose alternatives to detention such as community service hours or participation in dropout prevention programs or referral to a community truancy board, if available. Failure by a child to comply with an order issued under this section shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the juvenile's school did not perform its duties as required in RCW 28A.225.020. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the juvenile in a supervised plan for the juvenile's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.
Attendance officers shall make complaint for violation of the provisions of RCW 28A.225.010 through 28A.225.140 to a judge of the superior or district court.
Sec. 204. RCW 28A.225.150 and 1990 c 33 s 232 are each amended to read as follows:
The school district attendance officer shall report biannually to the educational service district superintendent, in the instance of petitions filed alleging a violation by a child under RCW 28A.225.030:
(1) The number of petitions filed by a school district or by a parent;
(2) The frequency of each action taken under RCW 28A.225.020 prior to the filing of such petition;
(3) When deemed appropriate under RCW 28A.225.020, the frequency of delivery of supplemental services; and
(4) Disposition of cases filed with the juvenile court, including the frequency of contempt orders issued to enforce a court's order under RCW 28A.225.090.
The
educational service district superintendent shall compile such information and
report annually to the superintendent of public instruction. The
superintendent of public instruction shall compile such information and report
to the committees of the house of representatives and the senate by ((January
1, 1988)) September 1 of each year.
Sec. 205. RCW 13.32A.130 and 1990 c 276 s 8 are each amended to read as follows:
A
child admitted to a crisis residential center under this chapter who is not
returned to the home of his or her parent or who is not placed in an
alternative residential placement under an agreement between the parent and
child, shall, except as provided for by RCW 13.32A.140 and 13.32A.160(2),
reside in such placement under the rules and regulations established for the
center for a period not to exceed ((seventy-two hours, excluding Saturdays,
Sundays, and holidays,)) five consecutive days from the time of intake,
except as otherwise provided by this chapter. Crisis residential center staff
shall make a concerted effort to achieve a reconciliation of the family. If a
reconciliation and voluntary return of the child has not been achieved within
forty-eight hours((, excluding Saturdays, Sundays and holidays,)) from the
time of intake, and if the person in charge of the center does not consider it
likely that reconciliation will be achieved within the ((seventy-two hour))
five-day period, then the person in charge shall inform the parent and
child of (1) the availability of counseling services; (2) the right to file a
petition for an alternative residential placement, the right of a parent to
file an at-risk youth petition, and the right of the parent and child to obtain
assistance in filing the petition; and (3) the right to request a review of any
alternative residential placement: PROVIDED, That at no time shall information
regarding a parent's or child's rights be withheld if requested: PROVIDED
FURTHER, That the department shall develop and distribute to all law
enforcement agencies and to each crisis residential center administrator a
written statement delineating such services and rights. Every officer taking a
child into custody shall provide the child and his or her parent(s) or
responsible adult with whom the child is placed with a copy of such statement.
In addition, the administrator of the facility or his or her designee shall
provide every resident and parent with a copy of such statement.
Sec. 206. RCW 13.32A.140 and 1990 c 276 s 9 are each amended to read as follows:
The department shall file a petition to approve an alternative residential placement on behalf of a child under any of the following sets of circumstances:
(1) The child has been admitted to a crisis residential center or has been placed with a responsible person other than his or her parent, and:
(a) The parent has been notified that the child was so admitted or placed;
(b) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such notification;
(c) No agreement between the parent and the child as to where the child shall live has been reached;
(d) No petition requesting approval of an alternative residential placement has been filed by either the child or parent or legal custodian;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
(2) The child has been admitted to a crisis residential center and:
(a) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such placement;
(b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and
(c) The child has no suitable place to live other than the home of his or her parent.
(3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:
(a) The party to whom the arrangement is no longer acceptable has so notified the department;
(b) ((Seventy-two
hours, including Saturdays, Sundays, and holidays,)) Five consecutive
days have passed since such notification;
(c) No new agreement between parent and child as to where the child shall live has been reached;
(d) No petition requesting approval of an alternative residential placement has been filed by either the child or the parent;
(e) The parent has not filed an at-risk youth petition; and
(f) The child has no suitable place to live other than the home of his or her parent.
Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in a licensed child care facility, including but not limited to a crisis residential center, or in any other suitable residence to be determined by the department until an alternative residential placement petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by such court. The department may authorize emergency medical or dental care for a child placed under this section. The state, when the department files a petition for alternative residential placement under this section, shall be represented as provided for in RCW 13.04.093.
Sec. 207. RCW 13.32A.150 and 1990 c 276 s 10 are each amended to read as follows:
(1) Except as otherwise provided in this section the juvenile court shall not accept the filing of an alternative residential placement petition by the child or the parents or the filing of an at-risk youth petition by the parent, unless verification is provided that a family assessment has been completed by the department. The family assessment shall be aimed at family reconciliation and avoidance of the out-of-home placement of the child. If the department is unable to complete an assessment within two working days following a request for assessment the child or the parents may proceed under subsection (2) of this section or the parent may proceed under subsection (3) of this section.
(2) A child or a child's parent may file with the juvenile court a petition to approve an alternative residential placement for the child outside the parent's home. The department shall, when requested, assist either a parent or child in the filing of the petition. The petition shall only ask that the placement of a child outside the home of his or her parent be approved. The filing of a petition to approve such placement is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent, and confers upon the court a special jurisdiction to approve or disapprove an alternative residential placement.
(3) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth. The department shall, when requested, assist the parent in filing the petition. The petition shall be filed in the county where the petitioning parent resides. The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:
(a) The child is an at-risk youth as defined in this chapter;
(b) The petitioning parent has the right to legal custody of the child;
(c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and
(d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
The
petition shall set forth facts that support the allegations in this subsection
and shall generally request relief available under this chapter. The petition
need not specify any proposed disposition following adjudication of the
petition. The filing of an at-risk youth petition is not dependent upon the
court's having obtained any prior jurisdiction over the child or his or her
parent and confers upon the court the special jurisdiction to assist the parent
in maintaining parental authority and responsibility for the child. An at-risk
youth petition may not be filed if the court has approved an alternative
residential placement petition regarding the child or if the child is the
subject of a proceeding under chapter 13.34 RCW. A petition may be accepted
for filing only if alternatives to court intervention have been attempted ((or
if there is good cause why they were not attempted)). Juvenile court personnel
may screen all at-risk youth petitions and may refuse to allow the filing of
any petition that lacks merit, fails to comply with the requirements of this
section, or fails to allege sufficient facts in support of allegations in the
petition.
NEW
SECTION. Sec. 208. To
the extent possible, the department of social and health services shall
transfer children who are inappropriately housed in crisis residential centers
to residential and treatment services designed to meet their specific, unique
needs by June 30, 1993.
The
department shall prepare a budget request for the 1993-95 biennium that ensures
all children inappropriately housed in crisis residential centers are
transferred to appropriate residential and treatment services. The budget
request shall be included in the governor's proposed expenditure plan for the
1993-95 biennium.
NEW
SECTION. Sec. 209. A new
section is added to chapter 13.32A RCW to read as follows:
The
department of social and health services shall not administratively split-code
staff responsible for family reconciliation services between separate and
distinct functions, except in remote rural offices where to do otherwise proves
impractical.
NEW
SECTION. Sec. 210. A new
section is added to chapter 13.32A RCW to read as follows:
All
placements into crisis residential centers shall be approved by and coordinated
through the family reconciliation services supervisor. The department of
social and health services shall establish uniform procedures for the use of
crisis residential centers, which shall be adhered to by all family
reconciliation services supervisors. The department shall ensure procedures
established under this section will facilitate and complement law enforcement
officer's existing responsibility to pick up and transport children to crisis
residential centers and other places authorized by law under this chapter.
Sec.
211. RCW
74.13.032 and 1979 c 155 s 78 are each amended to read as follows:
(1)
The department shall establish, by contracts with private vendors, ((not less
than eight regional)) crisis residential centers,
which shall be structured group care facilities licensed under rules adopted by
the department. Each ((regional)) center shall have ((an average of
at least four adult staff members and in no event less than)) three adult
staff members to every ((eight)) nine children. The staff shall
be trained so that they may effectively counsel juveniles admitted to the
centers, provide treatment, supervision, and structure to the juveniles, and
carry out the responsibilities outlined in RCW 13.32A.090.
(2)
The department shall, in addition to the ((regional)) facilities
established under subsection (1) of this section, establish ((not less than
thirty)) additional crisis residential centers pursuant to contract with
licensed ((private group care or)) specialized foster home facilities.
The staff at the facilities shall be trained so that they may effectively
counsel juveniles admitted to the centers, provide treatment, supervision, and
structure to the juveniles, and carry out the responsibilities stated in RCW
13.32A.090. The responsibilities stated in RCW 13.32A.090 may, in any of the
centers, be carried out by the department.
Crisis residential facilities shall be operated as semi-secure facilities. A child placed in group care or specialized foster care facilities designated as crisis residential centers under this section, may be placed in a certified secure detention facility as authorized by RCW 74.13.034.
Sec. 212. RCW 74.13.033 and 1979 c 155 s 79 are each amended to read as follows:
(1) If
a resident of a center becomes by his or her behavior disruptive to the
facility's program, such resident may be immediately removed to a separate area
within the facility and counseled on an individual basis until such time as the
child regains his or her composure. The department may set rules and
regulations establishing additional procedures for dealing with severely
disruptive children on the premises, which procedures are consistent with the
federal juvenile justice and delinquency prevention act of 1974 and regulations
and clarifying instructions promulgated thereunder. Nothing in this section
shall prohibit a center from referring any child who, as the result of a mental
or emotional disorder, or intoxication by alcohol or other drugs, is suicidal,
seriously assaultive or seriously destructive toward others, or otherwise
similarly evidences an immediate need for emergency medical evaluation and
possible care, ((to a community mental health center)) for evaluation
pursuant to chapter 71.34 RCW ((72.23.070)) or to a mental health
professional pursuant to chapter 71.05 RCW whenever such action is deemed
appropriate and consistent with law.
(2) When the juvenile resides in this facility, all services deemed necessary to the juvenile's reentry to normal family life shall be made available to the juvenile as required by chapter 13.32A RCW. In providing these services, the facility shall:
(a) Interview the juvenile as soon as possible;
(b) Contact the juvenile's parents and arrange for a counseling interview with the juvenile and his or her parents as soon as possible;
(c) Conduct counseling interviews with the juvenile and his or her parents, to the end that resolution of the child/parent conflict is attained and the child is returned home as soon as possible; and
(d)
Provide additional crisis counseling as needed, to the end that placement of
the child in the crisis residential center will be required for the shortest
time possible, but not to exceed ((seventy-two hours)) five
consecutive days.
(3) A
juvenile taking unauthorized leave from this residence may be apprehended and
returned to it by law enforcement officers or other persons designated as
having this authority as provided in RCW 13.32A.050. If returned to the
facility after having taken unauthorized leave for a period of more than
twenty-four hours a juvenile may be supervised by such a facility for a period,
pursuant to this chapter, which, unless where otherwise provided, may not
exceed ((seventy-two hours)) five consecutive days on the
premises. Costs of housing juveniles admitted to crisis residential centers
shall be assumed by the department for a period not to exceed ((seventy-two
hours)) five consecutive days.
Sec. 213. RCW 74.13.034 and 1991 c 364 s 5 are each amended to read as follows:
(1) A
child taken into custody and taken to a crisis residential center established
pursuant to RCW 74.13.032(2) may, if the center is unable to provide
appropriate treatment, supervision, and structure to the child, be taken at
department expense to another crisis residential center ((or the nearest
regional crisis residential center)). Placement in both centers shall not
exceed ((seventy-two hours)) five consecutive days from the point
of intake as provided in RCW 13.32A.130.
(2) A
child taken into custody and taken to a crisis residential center established
by this chapter may be placed physically by the department or the department's
designee and, at departmental expense and approval, in a secure juvenile
detention facility operated by the county in which the center is located for a
maximum of ((forty-eight)) twenty-four hours, including
Saturdays, Sundays, and holidays, if the child has taken unauthorized leave
from the center and the person in charge of the center determines that the
center cannot provide supervision and structure adequate to ensure that the
child will not again take unauthorized leave. Juveniles placed in such a
facility pursuant to this section may not, to the extent possible, come in contact
with alleged or convicted juvenile or adult offenders.
(3)
Any child placed in secure detention pursuant to this section shall, during the
period of confinement, be provided with appropriate treatment by the department
or the department's designee, which shall include the services defined in RCW
74.13.033(2). If the child placed in secure detention is not returned home or
if an alternative living arrangement agreeable to the parent and the child is
not made within twenty-four hours after the child's admission, the child shall
be taken at the department's expense to a crisis residential center. Placement
in the crisis residential center or centers plus placement in juvenile
detention shall not exceed ((seventy-two hours)) five consecutive
days from the point of intake as provided in RCW 13.32A.130.
(4) Juvenile detention facilities used pursuant to this section shall first be certified by the department to ensure that juveniles placed in the facility pursuant to this section are provided with living conditions suitable to the well-being of the child. Where space is available, juvenile courts, when certified by the department to do so, shall provide secure placement for juveniles pursuant to this section, at department expense.
(5) It is the intent of the legislature that by July 1, 1982, crisis residential centers, supplemented by community mental health programs and mental health professionals, will be able to respond appropriately to children admitted to centers under this chapter and will be able to respond to the needs of such children with appropriate treatment, supervision, and structure.
Sec. 214. RCW 74.13.035 and 1979 c 155 s 81 are each amended to read as follows:
Crisis residential centers shall compile yearly records which shall be transmitted to the department and which shall contain information regarding population profiles of the children admitted to the centers during each past calendar year. Such information shall include but shall not be limited to the following:
(1) The number, age, and sex of children admitted to custody;
(2) Who brought the children to the center;
(3) Services provided to children admitted to the center;
(4) The circumstances which necessitated the children being brought to the center;
(5) The ultimate disposition of cases;
(6) The number of children admitted to custody who ran away from the center and their ultimate disposition, if any;
(7) Length of stay.
The department may require the provision of additional information and may require each center to provide all such necessary information in a uniform manner.
((A
center may, in addition to being licensed as such, also be licensed as a family
foster home or group care facility and may house on the premises juveniles
assigned for foster or group care.))
NEW SECTION. Sec. 215. Sections 205, 206, 211, 213, and 214 of this act shall take effect July 1, 1993.
"PART III - INVOLUNTARY COMMITMENT AND TREATMENT"
Sec. 301. RCW 74.04.055 and 1991 c 126 s 2 are each amended to read as follows:
In furtherance of the policy of this state to cooperate with the federal government in the programs included in this title the secretary shall issue such rules and regulations as may become necessary to entitle this state to participate in federal grants-in-aid, goods, commodities and services unless the same be expressly prohibited by this title. The secretary shall ensure that the department's services and programs are designed and implemented to maximize the allocation of federal funds to the state.
Any section or provision of this title which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to satisfy federal laws entitling this state to receive federal matching or other funds for the various programs of public assistance. If any part of this chapter is found to be in conflict with federal requirements which are a prescribed condition to the receipts of federal funds to the state, the conflicting part of this chapter is hereby inoperative solely to the extent of the conflict with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this chapter.
Sec. 302. RCW 71.34.010 and 1985 c 354 s 1 are each amended to read as follows:
It is
the purpose of this ((legislation)) chapter to ensure that minors
in need of mental health care and treatment receive an appropriate continuum
of culturally relevant care and treatment, ((and to enable treatment decisions
to be made in response to clinical needs and in accordance with sound
professional judgment while also recognizing parents' rights to participate in
treatment decisions for their minor children, and to protect minors against
needless hospitalization and deprivations of liberty)) from prevention
and early intervention to involuntary treatment. To facilitate the continuum
of care and treatment to minors in out-of-home placements, all divisions of the
department that provide mental health services to minors shall jointly plan and
deliver those services.
It is also the purpose of this chapter to protect the rights of minors against needless hospitalization and deprivations of liberty and to enable treatment decisions to be made in response to clinical needs in accordance with sound professional judgment. The mental health care and treatment providers shall encourage the use of voluntary services and, whenever clinically appropriate, the providers shall offer less restrictive alternatives to inpatient treatment. Additionally, all mental health care and treatment providers shall ensure that minors' parents are given an opportunity to participate in the treatment decisions for their children. The mental health care and treatment providers shall, to the extent possible, offer services that involve minors' parents or family.
Sec. 303. RCW 71.34.020 and 1985 c 354 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Child psychiatrist" means a person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.
(2) "Children's mental health specialist" means:
(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and
(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.
(3) "Commitment" means a determination by a judge or court commissioner, made after a commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment.
(4) "County-designated mental health professional" means a mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in this chapter.
(5) "Department" means the department of social and health services.
(6) "Evaluation and treatment facility" means a public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately-operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification. No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of this chapter.
(7) "Evaluation and treatment program" means the total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under this chapter.
(8) "Gravely disabled minor" means a minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.
(9) "Inpatient treatment" means twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an evaluation and treatment facility for minors.
(10) "Less restrictive alternative" or "less restrictive setting" means outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in this chapter.
(11) "Likelihood of serious harm" means either: (a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others. In assessing risk of harm, the frame of reference shall include all relevant history and shall not be limited to the minor's behavior when assessed by a mental health professional.
(12) "Mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section. A mental disorder shall include any illness, impairment, or disorder identified as such by the American psychiatric association by and through its published Diagnostic and Statistical Manual as now in existence or hereafter revised.
(13) "Mental health professional" means a psychiatrist, psychologist, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary under this chapter.
(14) "Minor" means any person under the age of eighteen years.
(15) "Outpatient treatment" means any of the nonresidential services mandated under chapter 71.24 RCW and provided by licensed services providers as identified by RCW 71.24.025(3).
(16) "Parent" means:
(a) A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or
(b) A person or agency judicially appointed as legal guardian or custodian of the child.
(17) "Professional person in charge" means a physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.
(18) "Psychiatric nurse" means a registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.
(19) "Psychiatrist" means a person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.
(20) "Psychologist" means a person licensed as a psychologist under chapter 18.83 RCW.
(21) "Responsible other" means the minor, the minor's parent or estate, or any other person legally responsible for support of the minor.
(22) "Secretary" means the secretary of the department or secretary's designee.
(23) "Start of initial detention" means the time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.
NEW SECTION. Sec. 304. A new section is added to chapter 71.34 RCW to read as follows:
For the purpose of encouraging the expansion of existing evaluation and treatment facilities and the creation of new facilities, the department shall endeavor to redirect federal Title XIX funds which are expended on out-of-state placements to fund placements within the state.
NEW SECTION. Sec. 305. A new section is added to chapter 71.34 RCW to read as follows:
The department shall ensure that the provisions of this chapter are applied by the counties in a consistent and uniform manner. The department shall also ensure that the county-designated mental health professionals are specifically trained in adolescent mental health issues, the mental health civil commitment laws, and the criteria for civil commitment.
NEW SECTION. Sec. 306. A new section is added to chapter 71.34 RCW to read as follows:
Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years or older, does not meet the criteria for an involuntary detention at an evaluation and treatment facility, the county-designated mental health professional shall:
(1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW;
(2) Provide written notice to the minor's parent of the parent's right to file a petition, as provided in section 307 of this act, to seek a review of the decision not to detain the minor at an evaluation and treatment facility;
(3) Provide a written evaluation to the minor's parent detailing the county-designated mental health professional's reasons for not detaining the minor at an evaluation and treatment facility. The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for an involuntary detention; and
(4) Refer the minor and the parents to other available services.
NEW SECTION. Sec. 307. A new section is added to chapter 71.34 RCW to read as follows:
(1) Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years of age or older, does not meet the criteria for an involuntary admission at an evaluation and treatment facility, the minor's parent may file a petition in the superior court seeking a review of the county-designated mental health professional's decision not to detain the minor.
(2) The following documents shall be filed with the petition:
(a) An affidavit of the parent which states the reasons why the parent disagrees with the evaluation conducted by the county-designated mental health professional and includes the specific facts alleged which indicate the need for the minor's detention;
(b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's detention at an evaluation and treatment facility; and
(c) The county-designated mental health professional's written evaluation provided under section 306(3) of this act.
(3) If after reviewing the petition, affidavits, and supporting documentation, the court finds that the minor, as a result of a mental disorder, presents a likelihood of serious harm or is gravely disabled, the court shall issue a warrant for the detention of the minor at an evaluation and treatment facility. The warrant shall be served with a statement of the minor's rights as delineated in RCW 71.34.050(3), which includes the immediate right to an attorney.
(4) All other provisions contained in this chapter relating to the detention, evaluation, and treatment shall apply.
NEW SECTION. Sec. 308. A new section is added to chapter 70.96A RCW to read as follows:
The department shall ensure that the provisions of this chapter are applied by the counties in a consistent and uniform manner. The department shall also ensure that the county-designated chemical dependency specialists are specifically trained in adolescent chemical dependency issues, the chemical dependency commitment laws, and the criteria for commitment.
NEW SECTION. Sec. 309. A new section is added to chapter 70.96A RCW to read as follows:
Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency program, the county-designated chemical dependency specialist shall:
(1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW;
(2) Provide written notice to the minor's parent of the parent's right to file a petition, as provided in section 310 of this act, to seek a review of the decision not to commit the minor to a chemical dependency program;
(3) Provide a written evaluation to the minor's parent detailing the county-designated chemical dependency specialist's reasons for not committing the minor in a chemical dependency program. The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for a commitment to a chemical dependency treatment program; and
(4) Refer the minor and the parents to other available services.
NEW SECTION. Sec. 310. A new section is added to chapter 70.96A RCW to read as follows:
(1) Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency treatment program, the minor's parent may file a petition in the superior court seeking a review of the county-designated chemical dependency specialist's decision not to commit the minor.
(2) The following documents shall be filed with the petition:
(a) An affidavit of the parent which states the reasons why the parent disagrees with the evaluation conducted by the county-designated chemical dependency specialist and includes the specific facts alleged that indicate the need for the minor's commitment;
(b) Any other relevant affidavits signed by persons with knowledge of the specific facts alleged that indicate the need for the minor's commitment in a chemical dependency treatment program; and
(c) The county-designated chemical dependency specialist's written evaluation provided under section 309(3) of this act.
(3) If after reviewing the petition, affidavits, and supporting documentation, the court finds by a preponderance of the evidence that the minor meets the criteria for commitment as set forth in RCW 70.96A.140(1), the court shall fix a date for a hearing as provided in RCW 70.96A.140(2). The petition and order for a hearing shall be served on the minor and on the county-designated chemical dependency specialist who wrote the evaluation that was filed with the court.
(4) All other provisions contained in this chapter relating to the hearing and commitment shall apply.
NEW SECTION. Sec. 311. The department of social and health services shall conduct a planning study of the children in its care to determine the appropriate level of residential and treatment services required by these children. The study shall be based on a statistically valid sample of all children in the department's care. The study shall also estimate the treatment needs of youth who have been evaluated for a mental disorder but were not involuntarily detained pursuant to chapter 71.34 RCW.
In conducting the study, the department shall utilize all existing studies to the extent possible. The department shall report the results of the study to the appropriate standing committees of the legislature by September 15, 1992. The department shall use the study results for designing future programs, treatment models, and for determining the reallocation of funds within the department. The department shall submit recommendations to the appropriate standing committees of the legislature on the necessary reallocation of funds, as indicated by the assessment results, by January 1, 1993.
"PART IV - MISCELLANEOUS"
Sec. 401. 1991 c 234 s 1 (uncodified) is amended to read as follows:
A
juvenile issues task force is created to review the operation of the 1977
Juvenile Justice Act, the Family Reconciliation Act, the 1990
"at-risk" youth legislation, and to study related issues. The task
force is charged with issuing a report and making recommendations to the
legislature by December 15, ((1991)) 1992.
The task force shall consist of the following members:
(1) Three co-chairs, one from the state senate appointed by the president of the senate; one from the state house of representatives appointed by the speaker of the house of representatives; and one appointed by the governor from among the members of the task force named in subsection (3) of this section.
(2) Eight legislators in addition to the two legislative cochairs selected under subsection (1) of this section, two each from the majority and minority caucuses of the senate and two each from the majority and minority caucuses of the house of representatives.
(3) The governor shall appoint the following members of the task force:
(a) ((Three))
Two superior court judges;
(b) ((Two))
One prosecuting attorney((s));
(c) ((Two))
One juvenile public defender((s));
(d) The secretary of social and health services or the secretary's designee;
(e) ((Two))
One juvenile court administrator((s));
(f) One police chief or county sheriff;
(g) ((One
child psychologist;
(h)
One child psychiatrist;
(i))) Two
directors of ((a)) youth service organizations;
(((j)))
(h) One person from the Washington council on crime and delinquency;
(((k)))
(i) One person from a parents' organization;
(((l)
One person from a crisis residential center;
(m))) (j)
One juvenile court caseworker;
(((n)
One representative of the executive branch;
(o)
One)) (k) Two members of the mental health
treatment community; ((and
(p))) (l)
One member from the substance abuse treatment community;
(m) One member from the education system; and
(n) One member from local government.
The department of social and health services shall fund the task force in an amount sufficient to meet its mission. The task force shall be staffed, to the extent possible, by staff available from the membership of the task force.
The governor shall ensure that the racial diversity of the task force membership appointed by the governor reflects the racial diversity of juveniles served under the Family Reconciliation Act, the 1977 Juvenile Justice Act, and the 1990 "at-risk" youth legislation.
The task force shall develop a statutory community-based planning, allocation, and service system for children and families, including at-risk youth, runaways, and families in conflict, and submit it to the appropriate legislative committees no later than December 1, 1992. The task force shall: (i) Identify which state agencies, programs, and services should be included in the system; (ii) identify the various youth populations to be served by the system; and (iii) determine how to coordinate this system with existing community-based planning and coordination requirements, including, but not limited to, chapter 326, Laws of 1991, and chapter 13.06 RCW.
Sec. 402. 1991 c 234 s 2 (uncodified) is amended to read as follows:
The department of social and health services, in cooperation with the commission on African American affairs, shall contract for an independent study of racial disproportionality in the juvenile justice system. The study shall identify key decision points in the juvenile justice system where race and/or ethnicity-based disproportionality exists in the treatment and incarceration of juvenile offenders. The study shall identify the causes of disproportionality, and propose new policies and procedures to address disproportionality.
((The
department shall submit the study's preliminary findings and recommendations to
the juvenile justice task force established under section 1 of this act by
September 13, 1991.)) The final report shall be submitted to the
appropriate committees of the legislature by December ((1, 1991)) 15,
1992.
The
juvenile justice task force shall utilize the information on disproportionality
in developing its report and recommendations to the legislature required under
section ((1)) 401 of this act. ((If by June 30, 1991, the
omnibus operating budget appropriations act for the 1991-93 biennium does not
provide specific funding for this section, referencing this section by bill
number and section, this section is null and void.))
NEW SECTION. Sec. 403. Part headings as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 404. 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. 405. The purpose of this act is solely to provide authority for the counties and the department of social and health services to provide services within existing funds and current programs and facilities unless otherwise specifically funded by June 30, 1992, by reference to this bill and section number, in the supplemental omnibus appropriations act for the 1992. Nothing in this act shall be construed to require the addition of new facilities nor affect the department of social and health services' nor county authority for the uses of existing programs and funding.
NEW SECTION. Sec. 406. Sections 103, 105, 107, 111, 118, 305, 306, 307, 308, 309, and 310 of this act shall take effect July 1, 1993.
The department of social and health services, the department of community development, and the office of the administrator for the courts, shall prepare a budget request for the 1993-95 biennium to implement sections 103, 105, 107, 111, 118, 305, 306, 307, 308, 309, and 310 of this act. The budget request shall be included in the governor's expenditure plan for the 1993-95 biennium.