5491-S2 AMS PELZ S2665.1

2SSB 5491 - S AMD - 205

By Senator Pelz

                                                   ADOPTED 3/14/95

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

    "Sec. 7.  RCW 13.40.020 and 1994 sp.s. c 7 s 520, 1994 c 271 s 803, & 1994 c 261 s 18 are each reenacted and amended to read as follows:

    For the purposes of this chapter:

    (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

    (a) A class A felony, or an attempt to commit a class A felony;

    (b) Manslaughter in the first degree; or

    (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon;

    (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense.  Community service may be performed through public or private organizations or through work crews;

    (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125.  A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses.  As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses.  As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement.  Community supervision is an individualized program comprised of one or more of the following:

    (a) Community-based sanctions;

    (b) Community-based rehabilitation;

    (c) Monitoring and reporting requirements;

(d) Home detention;

    (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;

    (5) "Community-based rehabilitation" means one or more of the following:  Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district.  Placement in community-based rehabilitation programs is subject to available funds;

    (6) "Monitoring and reporting requirements" means one or more of the following:  Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

    (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county.  The county may operate or contract with vendors to operate county detention facilities.  The department may operate or contract to operate detention facilities for juveniles committed to the department.  Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

    (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

    (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.  A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;

    (10) "Department" means the department of social and health services;

    (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order.  "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

    (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter.  For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides.  The superior court shall appoint the members.  The boards shall consist of at least three and not more than seven members.  If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

    (13) "Home detention" means a program of partial confinement in which an adjudicated youth not committed to the department or a juvenile granted a deferral of adjudication is confined in a private residence subject to electronic surveillance.  Participation in home detention shall include attending a regular course of school study at regularly defined hours or maintaining current employment;

(14) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

    (((14))) (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 pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

    (((15))) (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;

    (((16))) (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;

    (((17))) (18) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

    (((18))) (19) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

    (a) Four misdemeanors;

    (b) Two misdemeanors and one gross misdemeanor;

    (c) One misdemeanor and two gross misdemeanors; and

    (d) Three gross misdemeanors.

    For purposes of this definition, current violations shall be counted as misdemeanors;

    (((19))) (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;

    (((20))) (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

    (((21))) (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;

    (((22))) (23) "Secretary" means the secretary of the department of social and health services.  "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

    (((23))) (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;

    (((24))) (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

    (((25))) (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;

    (((26))) (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;

    (((27))) (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;

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

2SSB 5491 - S AMD - 205

By Senator Pelz

                                                   ADOPTED 3/14/95

    On page 1, line 4 of the title, after "13.40.060;" insert "reenacting and amending RCW 13.40.020;"

                            --- END ---