2580-S AMS HARG S5716.2
SHB 2580 - S AMD TO HSC COMM AMD (S5512.1)-237
By Senators Hargrove and Long
On page 1, beginning on
line 22 of the amendment, after "victim" strike all material through
"diversion" on line 24, and insert "((, and to an
amount the juvenile has the means or potential means to pay))"
SHB 2580 - S AMD TO HSC COMM AMD (S5512.1)
By Senator Hargrove
On page 2, beginning on
line 19 of the amendment, after "(4)" strike all material through
"months." on line 28, and insert "(a) A diversion
agreement may not exceed a period of six months and may include a period
extending beyond the eighteenth birthday of the divertee. ((Any restitution
assessed during its term may not exceed an amount which the juvenile could be
reasonably expected to pay during this period.))
(b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order."
SHB 2580 - S AMD TO HSC COMM AMD (S5512.1)
By Senator Hargrove
On page 5, after line 27 of the amendment, insert the following:
"Sec. 1. RCW 13.40.190 and 1995 c 33 s 5 are each amended to read as follows:
(1) In its
dispositional order, the court shall require the respondent to make restitution
to any persons who have suffered loss or damage as a result of the offense
committed by the respondent. In addition, restitution may be ordered for loss
or damage if the offender pleads guilty to a lesser offense or fewer offenses
and agrees with the prosecutor's recommendation that the offender be required
to pay restitution to a victim of an offense or offenses which, pursuant to a
plea agreement, are not prosecuted. The payment of restitution shall be in
addition to any punishment which is imposed pursuant to the other provisions of
this chapter. The court may determine the amount, terms, and conditions of the
restitution including a payment plan extending up to ten years if the court
determines that the respondent does not have the means to make full restitution
over a shorter period. Restitution may include the costs of counseling reasonably
related to the offense. If the respondent participated in the crime with
another person or other persons, all such participants shall be jointly and
severally responsible for the payment of restitution. For the purposes of this
section, the respondent shall remain under the court's jurisdiction for a
maximum term of ten years after the respondent's eighteenth birthday. The
court may not require the respondent to pay full or partial restitution if the
respondent reasonably satisfies the court that he or she does not have the
means to make full or partial restitution and could not reasonably acquire the
means to pay such restitution over a ten-year period. ((In cases where an
offender has been committed to the department for a period of confinement exceeding
fifteen weeks, restitution may be waived.))
(2) Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW. If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order. Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.
(4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order."
SHB 2580 - S AMD TO HSC COMM AMD (S5512.1)
By Senators Hargrove and Long
On page 5, line 32 of the title amendment, after "13.40.080" insert "and 13.40.190"
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