SENATE BILL REPORT

                  SHB 2580

              As Reported By Senate Committee On:

        Human Services & Corrections, February 23, 1996

Title:  An act relating to restitution.

Brief Description:  Extending the period of time that a victim of crime may collect restitution from a juvenile.

Sponsors:  House Committee on Corrections (originally sponsored by Representatives Costa, Ballasiotes, Sheahan, Murray, Hickel, Cooke, Conway and Boldt).

Brief History:

Committee Activity:  Human Services & Corrections:  2/14/96, 2/23/96 [DPA].

SENATE COMMITTEE ON HUMAN SERVICES & CORRECTIONS

Majority Report:  Do pass as amended.

  Signed by Senators Hargrove, Chair; Franklin, Vice Chair; Kohl, Long, Prentice, Schow, Smith, Thibaudeau and Zarelli.

Staff:  Jodi Walker (786-7464)

Background:  The juvenile diversion program allows a prosecutor to forego the filing of charges in a juvenile court and instead divert the case for alternative resolution.  A diverted case is resolved by a contract between the juvenile and the local juvenile court's diversionary unit.  This diversion agreement may last no longer than six months.

Crimes not eligible for diversion include all class A and class B felonies and several serious class C felonies.  A juvenile is eligible for diversion only twice.

A diversion agreement can require the juvenile to pay restitution subject to limitations.  The amount cannot exceed the victim's actual loss or exceed the juvenile's ability to pay during the six-month diversion period.  Collection of restitution may occur during the six-month agreement period or during one six-month extension.

In a nondiversion case, the court may look to a 10-year period in determining the juvenile's ability or potential ability to pay restitution.

Summary of Amended Bill:  Any restitution required under a diversion agreement is no longer limited by consideration of the juvenile's ability to pay restitution.

The restitution amount is not to exceed $750 to be eligible for diversion.  The diversion unit shall refer the case for prosecution if the restitution is greater than $750.

Amended Bill Compared to Substitute Bill:  The striking amendment states that the amount of restitution cannot be greater than $750.  If the restitution amount is higher, the diversion unit must refer the case for prosecution.  Also, the collection agency provision is removed from the original bill.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Perpetrators should be made responsible for the amount of loss they have caused whether or not the juvenile is employed.  By restricting to the juvenile's ability to pay in a six month period, victims might not be adequately or fairly compensated.

Testimony Against:  None.

Testified:  Representative Costa, original prime sponsor (pro); Becky Cruz, Washington Coalition of Sexual Assault Programs (pro).