H-2344.5          _______________________________________________

 

                         SECOND SUBSTITUTE HOUSE BILL 1255

                  _______________________________________________

 

State of Washington              54th Legislature             1995 Regular Session

 

By House Committee on Appropriations (originally sponsored by Representatives Padden, Appelwick, Ballasiotes, Carrell, Campbell, Ebersole, Cooke, Honeyford, Thompson, Elliot, Johnson, Goldsmith, Clements, Hickel, Dyer, Robertson, Mitchell, Schoesler, Wolfe, Benton, Romero, Cody, Sheahan, Ogden, Scott, Sherstad, Regala, Costa, Patterson, Kessler, Casada, Basich and Conway)

 

Read first time 03/24/95.

 

Revising provisions relating to juveniles.



     AN ACT Relating to juveniles; amending RCW 5.60.060, 9A.04.050, 13.04.030, 13.40.010, 13.40.025, 13.40.027, 13.40.030, 13.40.0357, 13.40.0357, 13.40.0357, 13.40.040, 13.40.045, 13.40.050, 13.40.060, 13.40.080, 13.40.125, 13.40.130, 13.40.150, 13.40.160, 13.40.185, 13.40.200, 13.40.210, and 13.40.320; reenacting and amending RCW 13.40.020; adding new sections to chapter 13.40 RCW; creating a new section; prescribing penalties; providing effective dates; and providing expiration dates.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 5.60.060 and 1989 c 271 s 301 are each amended to read as follows:

     (1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage.  But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW:  PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.

     (2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.

     (3) A parent shall not be examined as to a communication made by that parent's minor child to the child's attorney after the filing of juvenile offender or adult criminal charges, if the parent was present at the time of the communication.  This privilege does not extend to communications made prior to filing of charges.

     (4) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.

     (((4))) (5) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a physician or surgeon or osteopathic physician or surgeon shall not, without the consent of his or her patient, be examined in a civil action as to any information acquired in attending such patient, which was necessary to enable him or her to prescribe or act for the patient, except as follows:

     (a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and

     (b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege.  Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.

     (((5))) (6) A public officer shall not be examined as a witness as to communications made to him or her in official confidence, when the public interest would suffer by the disclosure.

 

     Sec. 2.  RCW 9A.04.050 and 1975 1st ex.s. c 260 s 9A.04.050 are each amended to read as follows:

     Children under the age of eight years are incapable of committing crime.  Children of eight and under ((twelve)) ten years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong.  Whenever in legal proceedings it becomes necessary to determine the age of a child, he or she may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct ((his)) the child's examination by one or more physicians, whose opinion shall be competent evidence upon the question of ((his)) the child's age.

 

     Sec. 3.  RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

     (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

     (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

     (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

     (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

     (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

     (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

     (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

     (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

     (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction:  PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters:  PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection:  PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

     (iv) The juvenile is sixteen or seventeen years old and the alleged offense is:  (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of:  (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses:  Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately.  In such a case the adult criminal court shall have exclusive original jurisdiction.

     If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence.  If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

     (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

     (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; and

     (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

     (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

     (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

     (4) A parent, guardian, or custodian who has custody of any juvenile described in this section, if such parent, guardian, or custodian was served with a summons, shall be subject to the jurisdiction of the court for purposes of enforcing required attendance at juvenile court hearings.

 

     Sec. 4.  RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:

     (1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.

     (2) It is the intent of the legislature that a system capable of having primary responsibility for, being accountable for, and responding to the needs of youthful offenders, as defined by this chapter, be established.  It is the further intent of the legislature that youth, in turn, be held accountable for their offenses and that ((both)) communities, families, and the juvenile courts carry out their functions consistent with this intent.  To effectuate these policies, the legislature declares the following to be equally important purposes of this chapter:

     (a) Protect the citizenry from criminal behavior;

     (b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;

     (c) Make the juvenile offender accountable for his or her criminal behavior;

     (d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;

     (e) Provide due process for juveniles alleged to have committed an offense;

     (f) Provide necessary treatment, supervision, and custody for juvenile offenders;

     (g) Provide for the handling of juvenile offenders by communities whenever consistent with public safety;

     (h) Provide for restitution to victims of crime;

     (i) Develop effective standards and goals for the operation, funding, and evaluation of all components of the juvenile justice system and related services at the state and local levels; ((and))

     (j) Provide for a clear policy to determine what types of offenders shall receive punishment, treatment, or both, and to determine the jurisdictional limitations of the courts, institutions, and community services; and

     (k) Encourage the parents, guardian, or custodian of the juvenile to actively participate in the juvenile justice process.

 

     NEW SECTION.  Sec. 5.  A new section is added to chapter 13.40 RCW to read as follows:

     (1) As provided in this chapter, the court may order a juvenile to post a probation bond as defined in RCW 13.40.020 or to deposit cash or post other collateral in lieu of a probation bond, to enhance public safety, increase the likelihood that a respondent will appear as required to respond to charges, and increase compliance with community supervision imposed under various alternative disposition options.  The parents or guardians of the juvenile may sign for a probation bond on behalf of the juvenile or deposit cash or other collateral in lieu of a bond if approved by the court.

     (2) A parent or guardian who has signed for a probation bond, deposited cash, or posted other collateral on behalf of a juvenile has the right to notify the court if the juvenile violates any of the terms and conditions of the bond.  The parent or guardian who signed for a probation bond may move the court to modify the terms of the bond or revoke the bond without penalty to the surety or parent.  The court shall notify the surety if a parent or guardian notifies the court that the juvenile has violated conditions of the probation bond and has requested modification or revocation of the bond.  At a hearing on the motion, the court may consider the nature and seriousness of the violation or violations and may either keep the bond in effect, modify the terms of the bond with the consent of the parent or guardian and surety, or revoke the bond.  If the court revokes the bond the court may require full payment of the face amount of the bond.  In the alternative, the court may revoke the bond and impose a partial payment for less than the full amount of the bond or may revoke the bond without imposing any penalty.  In reaching its decision, the court may consider the timeliness of the parent's or guardian's notification to the court and the efforts of the parent and surety to monitor the offender's compliance with conditions of the bond and release.  A surety shall have the same obligations and rights as provided sureties in adult criminal cases.  Rules of forfeiture and revocation of bonds issued in adult criminal cases shall apply to forfeiture and revocation of probation bonds issued under this chapter except as specifically provided in this subsection.

 

     Sec. 6.  RCW 13.40.020 and 1994 sp.s. c 7 s 520, 1994 c 271 s 803, and 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) Posting of a probation bond imposed pursuant to RCW 13.40.0357;

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

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

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

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

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

     (29) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050.  It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

     (30) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case.

 

     Sec. 7.  RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:

     (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

     (2) The commission shall be composed of the secretary or the secretary's designee, the director of financial management or the director's designee, and the following ((nine)) thirteen members appointed by the governor, subject to confirmation by the senate:  (a) ((A)) Two superior court judges; (b) ((a)) two prosecuting attorneys or deputy prosecuting attorneys; (c) a law enforcement officer; (d) ((an)) two administrators of juvenile court services; (e) ((a)) two public defenders actively practicing in juvenile court; (f) a county legislative official or county executive; and (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders.  In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the members who ((is a)) are superior court judges; of Washington prosecutors in respect to the prosecuting attorneys or deputy prosecuting attorney members; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the members who ((is a)) are juvenile court administrators; ((and)) of the state bar association in respect to the public defender members; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

     (3) The ((secretary or the secretary's designee shall serve as chairman of the)) commission members shall elect a chair from their membership.

     (4) The ((secretary shall serve on the commission during the secretary's tenure as secretary of the department.  The term of the remaining members of the commission shall be three years.  The initial terms shall be determined by lot conducted at the commission's first meeting as follows:  (a) Four members shall serve a two-year term; and (b) four members shall serve a three-year term.  In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term)) speaker of the house of representatives and the president of the senate may each appoint two nonvoting members to the commission, one from each of the two largest caucuses in each house.

     (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.  Legislative members shall be reimbursed by their respective houses as provided under RCW 44.04.120.  Members shall be compensated in accordance with RCW 43.03.240.

     (6) The commission shall meet at least once every three months.

     (7) Other than the ex officio members, the voting members of the commission shall serve terms of three years and until their successors are appointed and confirmed.  However, the governor shall stagger the terms by appointing one-third of the initial members for terms of one year and one-third of the initial members for terms of two years.

 

     Sec. 8.  RCW 13.40.027 and 1993 c 415 s 9 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 generally, (ii) specifically review the guidelines relating to the confinement of minor and first offenders as well as the use of diversion, and (iii) review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; (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.  The evaluations shall be submitted to the legislature on December 1 of each even-numbered year ((thereafter)).

     (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; and (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.

     (3) It is the responsibility of the sentencing guidelines commission established under RCW 9.94A.040 to provide staffing and services to the commission.

 

     Sec. 9.  RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

     (1)(((a))) The juvenile disposition standards commission shall recommend to the legislature no later than ((November 1st of each year)) December 1, 1995, disposition standards for all offenses.  The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of ((a youth's age,)) the instant offense((,)) and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s).  Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days.  No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days.  Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole ((not to exceed eighteen months)).  Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.  ((In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

     (b) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender.  Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year.  At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year.  The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary.  The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.))

     (2) ((In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

     (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

     (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

     (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.)) The commission's recommendations for new disposition standards shall result in a simplified sentencing system.  In setting the new standards, the commission shall focus on the need to protect public safety by emphasizing punishment, deterrence, and confinement for violent and repeat offenders.   The seriousness of the offense shall be the most important factor in determining the length of confinement, while the offender's age and criminal history shall count as contributing factors.  The commission shall increase judicial flexibility and discretion by broadening standard ranges of confinement.  The commission shall provide for the use of basic training camp programs.  Alternatives to total confinement shall be considered for nonviolent offenders.  The commission shall take into account, but not be limited by, the capacity of state juvenile facilities, including the additional capacity that is being developed or that can feasibly be developed in the near future.

 

     NEW SECTION.  Sec. 10.  A new section is added to chapter 13.40 RCW to read as follows:

     The secretary shall submit a report on security at juvenile facilities during the preceding year.  The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary.  The department shall include security status definitions in the report it submits to the legislature pursuant to this section.  The report shall be submitted no later than December 15th of each year.

 

     NEW SECTION.  Sec. 11.  The legislature finds that the current terms of confinement for juvenile offenders committed to the department are too short to provide meaningful punishment and rehabilitation programs.  The legislature intends to increase those terms of confinement but recognizes that the state currently lacks the facilities that are needed to confine more juveniles for longer periods.  Therefore, the legislature intends to delay the effective date of increased disposition ranges to allow sufficient time to site, remodel, or build facilities to house an increased number of juvenile offenders committed to the state.

 

     Sec. 12.  RCW 13.40.0357 and 1994 sp.s. c 7 s 522 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              Residential Burglary (9A.52.025)          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              Unlawful Inhalation (9.47A.020)           E

     B              Violation of Uniform Controlled

                   Substances Act - Narcotic

                   Counterfeit Substances

                   (69.50.401(b)(1)(i))                      B

     C              Violation of Uniform Controlled

                   Substances Act - Nonnarcotic

                   Counterfeit Substances

                   (69.50.401(b)(1) (ii), (iii), (iv)) C

     C              Violation of Uniform Controlled

                   Substances Act - Possession of a

                   Controlled Substance

                   (69.50.401(d))                                  C

     C              Violation of Uniform Controlled

                   Substances Act  - Possession of a

                   Controlled Substance

                   (69.50.401(c))                                  C

 

                   Firearms and Weapons

     E              Carrying Loaded Pistol Without

                   Permit (9.41.050)                         E

     C              Possession of Firearms by

                   Minor (<18) (9.41.040(1)(e))              C

     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+

 

                   Obstructing Governmental Operation

     E              Obstructing a ((Public Servant))

                   Law Enforcement Officer (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+

 

                   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+             Indecent Exposure

                   (Victim <14) (9A.88.010)                        E

     E              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.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)) 46.61.502 or

                   46.61.504)                                E

     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              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.

 

 

                               MINOR/FIRST OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

                                     Community

             Community               Service

Points       Supervision       Hours             Fine

 

((1-9              0-3 months        and/or 0-8        and/or 0-$10

10-19        0-3 months        and/or 0-8        and/or 0-$10

20-29        0-3 months        and/or 0-16       and/or 0-$10

30-39        0-3 months        and/or 8-24       and/or 0-$25

40-49        3-6 months        and/or 16-32            and/or 0-$25

50-59        3-6 months        and/or 24-40            and/or 0-$25

60-69        6-9 months        and/or 32-48            and/or 0-$50

70-79        6-9 months        and/or 40-56            and/or 0-$50

80-89        9-12 months       and/or 48-64            and/or 10‑$100

90-109       9-12 months       and/or 56-72            and/or 10-$100))

1-109        0-12 months       and/or 0-150            and/or 0-$100

 

A minor/first offender receiving an option A disposition may also be required to post a probation bond.

 

                                        OR

 

                                     OPTION B

                                 STATUTORY OPTION

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

((0-150 Hours Community Service

0-100 Fine))

Posting of a Probation Bond

((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(2) shall be used to determine the range.

 

 

                           JUVENILE SENTENCING STANDARDS

                                   SCHEDULE D-2

 

This schedule may only be used for middle offenders.  After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, ((or)) C, or D as applicable.

 

                                  MIDDLE OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

 

                               Community

             Community         Service                                  Confinement

Points       Supervision       Hours             F                              ine ((Days Weeks))

.....................................................................

((1-9              0-3 months        and/or 0-8        a                nd/or 0-$10 and/or 0

10-19        0-3 months        and/or 0-8        a                      nd/or 0-$10 and/or 0

20-29        0-3 months        and/or 0-16       a                      nd/or 0-$10 and/or 0

30-39        0-3 months        and/or 8-24       a                      nd/or 0-$25 and/or 2‑4

40-49        3-6 months        and/or 16-32      a                      nd/or 0-$25 and/or 2‑4

50-59        3-6 months        and/or 24-40      a                      nd/or 0-$25 and/or 5‑10

60-69        6-9 months        and/or 32-48      a                      nd/or 0-$50 and/or 5‑10

70-79        6-9 months        and/or 40-56      a                      nd/or 0-$50 and/or 10‑20

80-89        9-12 months       and/or 48-64      a                     nd/or 0-$100 and/or 10‑20

90-109       9-12 months       and/or 56-72      a                     nd/or 0-$100 and/or 15‑30))

                                                                             (Days)

1-109        0-12 months       and/or 0-150      and/or 0-$100          and/or 0-30

                                                                            (Weeks)

110-129                                                                        8-12

130-149                                                                       13-16

150-199                                                                       21-28

200-249                                                                       30-40

250-299                                                                       52-65

300-374                                                                      80-100

375+                                                                        103-129

 

Middle offenders with less than 110 points receiving a disposition under option A may also be required to post a probation bond.

Middle offenders with less than 110 points do not have to receive a disposition under option A.  They may be sent to inpatient substance abuse treatment under option D.

Middle offenders with ((more than)) 110 points or more do not have to be committed to the department.  They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks

 

                                        OR

                                        

                                     OPTION B

                                 STATUTORY OPTION

                         OFFENDERS WITH 110 POINTS OR MORE

 

((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)) an option B disposition as provided in RCW 13.40.160(4)(b) for offenders with 110 points or more.  As part of an option B disposition, the court may also require posting of a probation bond.

 

                                        OR

                                        

                                     OPTION C

                                MANIFEST INJUSTICE

                               ALL MIDDLE OFFENDERS

 

If the court determines that a disposition under A ((or)), B, or D as applicable would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.

 

                                     OPTION D

                            OFFENDERS UNDER 110 POINTS

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

Posting of a Probation Bond

 

                           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 including posting of a probation bond 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(2) shall be used to determine the range.

 

     Sec. 13.  RCW 13.40.0357 and 1994 sp.s. c 7 s 522 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              Residential Burglary (9A.52.025)          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              Unlawful Inhalation (9.47A.020)           E

     B              Violation of Uniform Controlled

                   Substances Act - Narcotic

                   Counterfeit Substances

                   (69.50.401(b)(1)(i))                      B

     C              Violation of Uniform Controlled

                   Substances Act - Nonnarcotic

                   Counterfeit Substances

                   (69.50.401(b)(1) (ii), (iii), (iv)) C

     C              Violation of Uniform Controlled

                   Substances Act - Possession of a

                   Controlled Substance

                   (69.50.401(d))                                  C

     C              Violation of Uniform Controlled

                   Substances Act  - Possession of a

                   Controlled Substance

                   (69.50.401(c))                                  C

 

                   Firearms and Weapons

     E              Carrying Loaded Pistol Without

                   Permit (9.41.050)                         E

     C              Possession of Firearms by

                   Minor (<18) (9.41.040(1)(e))              C

     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+

 

                   Obstructing Governmental Operation

     E              Obstructing a ((Public Servant))

                   Law Enforcement Officer (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+

 

                   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+             Indecent Exposure

                   (Victim <14) (9A.88.010)                        E

     E              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.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)) 46.61.502 or

                   46.61.504)                                E

     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              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.

 

 

                               MINOR/FIRST OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

                                     Community

             Community               Service

Points       Supervision       Hours             Fine

 

((1-9              0-3 months        and/or 0-8        and/or 0-$10

10-19        0-3 months        and/or 0-8        and/or 0-$10

20-29        0-3 months        and/or 0-16       and/or 0-$10

30-39        0-3 months        and/or 8-24       and/or 0-$25

40-49        3-6 months        and/or 16-32            and/or 0-$25

50-59        3-6 months        and/or 24-40            and/or 0-$25

60-69        6-9 months        and/or 32-48            and/or 0-$50

70-79        6-9 months        and/or 40-56            and/or 0-$50

80-89        9-12 months       and/or 48-64            and/or 10‑$100

90-109       9-12 months       and/or 56-72            and/or 10-$100))

1-109        0-12 months       and/or 0-150            and/or 0-$100

 

A minor/first offender receiving an option A disposition may also be required to post a probation bond.

 

                                        OR

 

                                     OPTION B

                                 STATUTORY OPTION

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

((0-150 Hours Community Service

0-100 Fine))

Posting of a Probation Bond

((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(2) shall be used to determine the range.

 

 

                           JUVENILE SENTENCING STANDARDS

                                   SCHEDULE D-2

 

This schedule may only be used for middle offenders.  After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, ((or)) C, or D as applicable.

 

                                  MIDDLE OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

 

                               Community

             Community         Service                                  Confinement

Points       Supervision       Hours             F                              ine ((Days Weeks))

.....................................................................

((1-9              0-3 months        and/or 0-8        a                nd/or 0-$10 and/or 0

10-19        0-3 months        and/or 0-8        a                      nd/or 0-$10 and/or 0

20-29        0-3 months        and/or 0-16       a                      nd/or 0-$10 and/or 0

30-39        0-3 months        and/or 8-24       a                      nd/or 0-$25 and/or 2‑4

40-49        3-6 months        and/or 16-32      a                      nd/or 0-$25 and/or 2‑4

50-59        3-6 months        and/or 24-40      a                      nd/or 0-$25 and/or 5‑10

60-69        6-9 months        and/or 32-48      a                      nd/or 0-$50 and/or 5‑10

70-79        6-9 months        and/or 40-56      a                      nd/or 0-$50 and/or 10‑20

80-89        9-12 months       and/or 48-64      a                     nd/or 0-$100 and/or 10‑20

90-109       9-12 months       and/or 56-72      a                     nd/or 0-$100 and/or 15‑30))

                                                                         (Days)

1-109        0-12 months       and/or 0-150      and/or 0-$100          and/or 0-30

 

                                                                         (Weeks)

 

110-129                                                                        8-12

130-149                                                                       13-16

150-199                                                                       21-28

200-249                                                                       30-40

250-299                                                                       52-65

300-374                                                                      80-100

375+                                                                        103-129

 

Middle offenders with less than 110 points receiving a disposition under option A may also be required to post a probation bond.

Middle offenders with less than 110 points do not have to receive a disposition under option A.  They may be sent to inpatient substance abuse treatment under option D.

Middle offenders with ((more than)) 110 points or more do not have to be committed to the department.  They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks

 

                                        OR

                                        

                                     OPTION B

                                 STATUTORY OPTION

                         OFFENDERS WITH 110 POINTS OR MORE

 

((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)) an option B disposition as provided in RCW 13.40.160(4)(b) for offenders with 110 points or more.  As part of an option B disposition, the court may also require posting of a probation bond.

 

                                        OR

                                        

                                     OPTION C

                                MANIFEST INJUSTICE

                               ALL MIDDLE OFFENDERS

 

If the court determines that a disposition under A ((or)), B, or D as applicable would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.

 

                                     OPTION D

                            OFFENDERS UNDER 110 POINTS

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

Posting of a Probation Bond

 

                           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)) 0-249         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 including posting of a probation bond 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(2) shall be used to determine the range.

 

     Sec. 14.  RCW 13.40.0357 and 1994 sp.s. c 7 s 522 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              Residential Burglary (9A.52.025)          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              Unlawful Inhalation (9.47A.020)           E

     B              Violation of Uniform Controlled

                   Substances Act - Narcotic

                   Counterfeit Substances

                   (69.50.401(b)(1)(i))                      B

     C              Violation of Uniform Controlled

                   Substances Act - Nonnarcotic

                   Counterfeit Substances

                   (69.50.401(b)(1) (ii), (iii), (iv)) C

     C              Violation of Uniform Controlled

                   Substances Act - Possession of a

                   Controlled Substance

                   (69.50.401(d))                                  C

     C              Violation of Uniform Controlled

                   Substances Act  - Possession of a

                   Controlled Substance

                   (69.50.401(c))                                  C

 

                   Firearms and Weapons

     E              Carrying Loaded Pistol Without

                   Permit (9.41.050)                         E

     C              Possession of Firearms by

                   Minor (<18) (9.41.040(1)(e))              C

     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+

 

                   Obstructing Governmental Operation

     E              Obstructing a ((Public Servant))

                   Law Enforcement Officer (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+

 

                   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+             Indecent Exposure

                   (Victim <14) (9A.88.010)                        E

     E              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.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)) 46.61.502 or

                   46.61.504)                                E

     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              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.

 

 

                               MINOR/FIRST OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

                                     Community

             Community               Service

Points       Supervision       Hours             Fine

 

((1-9              0-3 months        and/or 0-8        and/or 0-$10

10-19        0-3 months        and/or 0-8        and/or 0-$10

20-29        0-3 months        and/or 0-16       and/or 0-$10

30-39        0-3 months        and/or 8-24       and/or 0-$25

40-49        3-6 months        and/or 16-32            and/or 0-$25

50-59        3-6 months        and/or 24-40            and/or 0-$25

60-69        6-9 months        and/or 32-48            and/or 0-$50

70-79        6-9 months        and/or 40-56            and/or 0-$50

80-89        9-12 months       and/or 48-64            and/or 10‑$100

90-109       9-12 months       and/or 56-72            and/or 10-$100))

1-109        0-12 months       and/or 0-150            and/or 0-$100

 

A minor/first offender receiving an option A disposition may also be required to post a probation bond.

 

                                        OR

 

                                     OPTION B

                                 STATUTORY OPTION

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

((0-150 Hours Community Service

0-100 Fine))

Posting of a Probation Bond

((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(2) shall be used to determine the range.

 

 

                           JUVENILE SENTENCING STANDARDS

                                   SCHEDULE D-2

 

This schedule may only be used for middle offenders.  After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, ((or)) C, or D as applicable.

 

                                  MIDDLE OFFENDER

 

                                     OPTION A

                                  STANDARD RANGE

 

 

                               Community

             Community         Service                                  Confinement

Points       Supervision       Hours             F                              ine ((Days Weeks))

.....................................................................

((1-9              0-3 months        and/or 0-8        a                nd/or 0-$10 and/or 0

10-19        0-3 months        and/or 0-8        a                      nd/or 0-$10 and/or 0

20-29        0-3 months        and/or 0-16       a                      nd/or 0-$10 and/or 0

30-39        0-3 months        and/or 8-24       a                      nd/or 0-$25 and/or 2‑4

40-49        3-6 months        and/or 16-32      a                      nd/or 0-$25 and/or 2‑4

50-59        3-6 months        and/or 24-40      a                      nd/or 0-$25 and/or 5‑10

60-69        6-9 months        and/or 32-48      a                      nd/or 0-$50 and/or 5‑10

70-79        6-9 months        and/or 40-56      a                      nd/or 0-$50 and/or 10‑20

80-89        9-12 months       and/or 48-64      a                     nd/or 0-$100 and/or 10‑20

90-109       9-12 months       and/or 56-72      a                     nd/or 0-$100 and/or 15‑30

110-129                                                                        8-12

130-149                                                                       13-16

150-199                                                                       21-28

200-249))

                                                                         (Days)

1-109        0-12 months       and/or 0-150      and/or 0-$100          and/or 0-30

 

                                                                         (Weeks)

110-249                                                                       30-40

250-299                                                                       52-65

300-374                                                                      80-100

375+                                                                        103-129

 

Middle offenders with less than 110 points receiving a disposition under option A may also be required to post a probation bond.

Middle offenders with less than 110 points do not have to receive a disposition under option A.  They may be sent to inpatient substance abuse treatment under option D.

Middle offenders with ((more than)) 110 points or more do not have to be committed to the department.  They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks

 

                                        OR

                                        

                                     OPTION B

                                 STATUTORY OPTION

                         OFFENDERS WITH 110 POINTS OR MORE

 

((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)) an option B disposition as provided in RCW 13.40.160(4)(b) for offenders with 110 points or more.  As part of an option B disposition, the court may also require posting of a probation bond.

 

                                        OR

                                        

                                     OPTION C

                                MANIFEST INJUSTICE

                               ALL MIDDLE OFFENDERS

 

If the court determines that a disposition under A ((or)), B, or D as applicable would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used to determine the range.

 

                                     OPTION D

                            OFFENDERS UNDER 110 POINTS

 

0-90 Days Inpatient Substance Abuse Treatment

0-12 Months Community Supervision

Posting of a Probation Bond

 

                           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)) 0-249         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 including posting of a probation bond 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(2) shall be used to determine the range.

 

     Sec. 15.  RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

     (1) A juvenile may be taken into custody:

     (a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

     (b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances.  Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

     (c) Pursuant to a court order that the juvenile be held as a material witness; or

     (d) Where the secretary or the secretary's designee has suspended the parole of a juvenile offender.

     (2) A juvenile may not be held in detention unless there is probable cause to believe that:

     (a) The juvenile has committed an offense or has violated the terms of a disposition order; and

     (i) The juvenile will likely fail to appear for further proceedings; or

     (ii) Detention is required to protect the juvenile from himself or herself; or

     (iii) The juvenile is a threat to community safety; or

     (iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

     (v) The juvenile has committed a crime while another case was pending; or

     (b) The juvenile is a fugitive from justice; or

     (c) The juvenile's parole has been suspended or modified; or

     (d) The juvenile is a material witness.

     (3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

     (4) A juvenile detained under this section may be released upon posting a probation bond set by the court.  The juvenile's parent or guardian may sign for the probation bond.  A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance.  The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed.  In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release.  The juvenile's parent or guardian may notify the court that the juvenile has failed to conform to the conditions of release or the provisions in the probation bond.  If the parent notifies the court of the juvenile's failure to comply with the probation bond, the court shall notify the surety.  As provided in the terms of the bond, the surety shall provide notice to the court of the offender's noncompliance.  A juvenile shall not be released except to a responsible adult.  Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

 

     Sec. 16.  RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:

     The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody or abscond from parole supervision or fail to meet conditions of parole.  These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.

 

     Sec. 17.  RCW 13.40.050 and 1992 c 205 s 106 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) Notice of the detention hearing, stating the time, place, and purpose of the hearing, ((and)) stating the right to counsel, and requiring attendance, shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age.

     (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) Require that the juvenile return to detention during specified hours; or

     (f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4).

     (7) A juvenile shall not be released except to a responsible adult.

     (8) 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.

     (9) If the parent, guardian, or custodian notified as provided in this section fails without reasonable cause to appear, that person may be proceeded against as for contempt of court for failing to appear.

 

     NEW SECTION.  Sec. 18.  A new section is added to chapter 13.40 RCW to read as follows:

     When a juvenile charged with an offense posts a probation bond or deposits cash or posts other collateral in lieu of a bond, ten dollars of the total amount required to be posted as bail shall be paid in cash as a nonrefundable bail fee.  The bail fee shall be distributed to the county for costs associated with implementing chapter . . ., Laws of 1995 (this act).

 

     Sec. 19.  RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:

     (1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute.  In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.

     (2) For juveniles whose standard range disposition would include confinement in excess of thirty days, the case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing.  All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.

     (3) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order.  The court of the receiving county has jurisdiction to modify and enforce the disposition order.

     (4) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun.

 

     Sec. 20.  RCW 13.40.080 and 1994 sp.s. c 7 s 544 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 one or more of the following:

     (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 ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions at a community agency for a specified period of time as determined by the diversion unit.  The educational or informational sessions may include sessions relating to respect for self, others, and authority; victim awareness; accountability; self-worth; responsibility; work ethics; good citizenship; and life skills.  For purposes of this section, "community agency" may also mean a community-based nonprofit organization, if approved by the diversion unit.  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 ten hours of)) counseling and/or ((up to twenty hours of)) educational or informational sessions;

     (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; and

     (e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas.

     (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 the juvenile's custodial parent or parents or guardian and 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 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.

     (9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

     (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(9).  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.

     (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.

     (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.

     (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.  A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs.  Any juvenile 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(9).  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.  A juvenile determined to be eligible by a diversionary unit for 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.

     (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.

     (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.

     (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. 21.  RCW 13.40.125 and 1994 sp.s. c 7 s 545 are each amended to read as follows:

     (1) Upon motion at least fourteen days before commencement of trial, the juvenile court has the power, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, to continue the case for adjudication for a period not to exceed one year from the date ((of entry of the plea or finding of guilt)) the motion is granted.  The court may continue the case for an additional one-year period for good cause.

     (2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision.  The court may impose any conditions of supervision that it deems appropriate including posting a probation bond.  Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

     (3) Upon full compliance with ((such)) conditions of supervision, the court shall dismiss the case with prejudice.

     (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition.  The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor.  A parent who signed for a probation bond may notify the counselor if the juvenile fails to comply with the bond or conditions of supervision.  The counselor shall notify the court and surety.  A surety shall notify the court of the juvenile's failure to comply with the probation bond.  The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision.

     (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:

     (a) To a speedy trial and disposition;

     (b) To call and confront witnesses; and

     (c) To a hearing on the record.  The adjudicatory hearing shall be limited to a reading of the court's record.

     (6) A juvenile is not eligible for a deferred adjudication if:

     (a) The juvenile's current offense is a sex or violent offense;

     (b) The juvenile's criminal history includes any felony;

     (c) The juvenile has a prior deferred adjudication; or

     (d) The juvenile has had more than two diversions.

 

     Sec. 22.  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.  The court shall notify the parent, guardian, or custodian who has custody of any juvenile described in the charging document of the date, time, and place of the dispositional or adjudicatory hearing, and require attendance.

     (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 and the parent, guardian, or custodian who has custody of the juvenile 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) If the parent, guardian, or custodian notified as provided in this section fails without reasonable cause to appear, that person may be proceeded against as for contempt of court for failing to appear.

 

     Sec. 23.  RCW 13.40.150 and 1992 c 205 s 109 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; and

     (viii) The respondent is a sex offender eligible for the special sex offender disposition alternative under RCW 13.40.160(5) and the court finds that a longer disposition is necessary to provide an incentive to comply with the terms of the disposition.

     (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.

 

     Sec. 24.  RCW 13.40.160 and 1994 sp.s. c 7 s 523 are each amended to read as follows:

     (1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.

     If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

     A disposition outside the standard range shall be determinate 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 thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent.  A disposition within the standard range is not appealable under RCW 13.40.230.

     (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section.  If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357.  Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice.  When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

     Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a  disposition may be appealed as provided in RCW 13.40.230 by the state or the respondent.  A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230.

     (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

     (4) If a respondent is found to be a middle offender:

     (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsections (5) and (6) of this section((:  PROVIDED, That)).  If the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

     (b) If the middle offender has less than 110 points, the court shall impose ((a disposition under (a) of this subsection, which shall be suspended, and shall impose)) a determinate disposition of community supervision and/or up to ((thirty)) ninety days ((confinement)) inpatient substance abuse treatment, as indicated in option ((B)) D of schedule D-2, RCW 13.40.0357 ((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)).

     If the middle offender has 110 points or more, the court may impose a disposition under option A and may suspend the disposition on the condition that the offender serve up to thirty days of confinement and follow all conditions of community supervision.  If the offender violates any condition of the disposition, including conditions of a probation bond, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspension and order execution of the ((sentence)) disposition.  The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

     (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

     (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230 by the state or the respondent.  A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230.

     (5) When a serious, middle, or minor first offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

     The report of the examination shall include at a minimum the following:  The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used.  The report shall set forth the sources of the evaluator's information.

     The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community.

     (a) A proposed treatment plan shall be provided and shall include, at a minimum:

     (((a)))(i) Frequency and type of contact between the offender and therapist;

     (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

     (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

     (iv) Anticipated length of treatment; and

     (v) Recommended crime-related prohibitions.

     The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment.  The evaluator shall be selected by the party making the motion.  The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

     After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.  If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, ((and)) or if the court concludes, and enters reasons for its conclusion, that such disposition would effectuate a manifest injustice, the court shall impose a disposition pursuant to option C of schedule D-1, option C of schedule D-2, or option B of schedule D-3 as appropriate.

     For either a standard range disposition or a manifest injustice disposition the court may suspend the execution of the disposition and place the offender on community supervision for up to ((two)) three years.

     (b) As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

     (((b)))(i) Devote time to a specific education, employment, or occupation;

     (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense.  A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment.  The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

     (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

     (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider.  This change shall have prior approval by the court;

     (v) Report as directed to the court and a probation counselor;

     (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; ((or))

     (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or

     (viii) Comply with the conditions of any court-ordered probation bond.

     The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties.  The reports shall reference the treatment plan and include at a minimum the following:  Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

     At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

     Except as provided in this subsection (5), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.  A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that:  (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (5) and the rules adopted by the department of health.

     If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition.  The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition.  The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

     For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.  "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

     (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(e) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

     (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

     (8) Except as provided for in subsection (4)(b) or (5) of this section or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.

     (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

 

     Sec. 25.  RCW 13.40.185 and 1994 sp.s. c 7 s 524 are each amended to read as follows:

     (1) Any term of confinement imposed for an offense which exceeds thirty days except under option B of schedule D-1 or option D of schedule D-2 shall be served under the supervision of the department.  If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.

     (2) Whenever a juvenile is confined in a detention facility or is committed to the department, the court may not directly order a juvenile into a particular county or state facility.  The juvenile court administrator and the secretary, assistant secretary, or the secretary's designee, as appropriate, has the sole discretion to determine in which facility a juvenile should be confined or committed.  The counties may operate a variety of detention facilities as determined by the county legislative authority subject to available funds.

     (3) Any commitment for inpatient substance abuse treatment under option B of schedule D-1 or option D of schedule D-2 shall be under the supervision of and paid by the county.

 

     Sec. 26.  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 willful 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 willfully 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) When a respondent has willfully violated the terms of a probation bond, the court may modify, revoke, or retain the probation bond as provided in section 5 of this act.

 

     Sec. 27.  RCW 13.40.210 and 1994 sp.s. c 7 s 527 are each amended to read as follows:

     (1) ((The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody.  The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program.  Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.))  (a) After expiration of no more than sixty percent of the juvenile's minimum term, the department shall provide a report containing an evaluation of the juvenile's behavior and performance during confinement.  The department shall provide this report to the committing court.  The court, after considering the department's report, shall determine a release or discharge date for the juvenile, which date shall fall on or before expiration of the maximum term of confinement but not sooner than the minimum term of confinement.  If a substantial change in the juvenile's behavior occurs after the setting of the release or discharge date, the department may submit an updated report to the committing court.  The committing court may change the release or discharge date based upon the updated report.  Nothing in this subsection requires the court to hold a hearing in setting the release or discharge date.

     (b) Nothing in this section entitles a juvenile to release prior to the expiration of the maximum term of confinement imposed by the court.

     (c) After the court determines a release date, the court shall notify the secretary by mail, and the secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter.  Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

     (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities.  When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor.  On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity.  The secretary shall release those offenders who have served the greatest proportion of their sentence.  However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society.  The department shall notify the committing court of the release at the time of release if any such early releases have occurred as a result of excessive in-residence population.  In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.

     (3) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months.  A parole program is mandatory for offenders released under subsection (2) of this section.  The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal shall require the juvenile to refrain from possessing a firearm or using a deadly weapon and refrain from committing new offenses and may require the juvenile to:  (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer or designee; (c) pursue a course of study or vocational training; and (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address.  After termination of the parole period, the juvenile shall be discharged from the department's supervision.

     (4)(a) The department may also modify parole for violation thereof.  If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public:  (i) Continued supervision under the same conditions previously imposed; (ii) intensified supervision with increased reporting requirements; (iii) additional conditions of supervision authorized by this chapter; (iv) except as provided in (a)(v) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (v) the secretary may order any of the conditions or may return the offender to confinement ((in an institution)) for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

     (b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days.  Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.

     (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest the person.

     (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

 

     Sec. 28.  RCW 13.40.320 and 1994 sp.s. c 7 s 532 are each amended to read as follows:

     (1) The department of social and health services shall establish and operate a medium security juvenile offender basic training camp program.  The department shall site a juvenile offender basic training camp facility in the most cost-effective facility possible and shall review the possibility of using an existing abandoned and/or available state, federally, or military-owned site or facility.

     (2) The department may contract under this chapter with private companies, the national guard, or other federal, state, or local agencies to operate the juvenile offender basic training camp, notwithstanding the provisions of RCW 41.06.380.  Requests for proposals from possible contractors shall not call for payment on a per diem basis.

     (3) The juvenile offender basic training camp shall accommodate at least seventy offenders.  The beds shall count as additions to, and not be used as replacements for, existing bed capacity at existing department of social and health services juvenile facilities.

     (4) The juvenile offender basic training camp shall be a structured and regimented model lasting one hundred twenty days emphasizing the building up of an offender's self-esteem, confidence, and discipline.  The juvenile offender basic training camp program shall provide participants with basic education, prevocational training, work-based learning, live work, work ethic skills, conflict resolution counseling, substance abuse intervention, anger management counseling, and structured intensive physical training.  The juvenile offender basic training camp program shall have a curriculum training and work schedule that incorporates a balanced assignment of these or other rehabilitation and training components for no less than sixteen hours per day, six days a week.

     The department shall adopt rules for the safe and effective operation of the juvenile offender basic training camp program, standards for an offender's successful program completion, and rules for the continued after-care supervision of offenders who have successfully completed the program.

     (5) Offenders eligible for the juvenile offender basic training camp option shall be those with a disposition of ((at least fifty-two weeks but)) not more than seventy-eight weeks.  Violent and sex offenders and offenders previously placed in the juvenile offender basic training camp program shall not be eligible for the juvenile offender basic training camp program.

     (6) If the court determines that the offender is eligible for the juvenile offender basic training camp option, the court may recommend that the department place the offender in the program.  The department shall evaluate the offender and may place the offender in the program.  No juvenile who suffers from any mental or physical problems that could endanger his or her health or drastically affect his or her performance in the program shall be admitted to or retained in the juvenile offender basic training camp program.

     (7) All juvenile offenders eligible for the juvenile offender basic training camp sentencing option shall spend ((the first)) one hundred twenty days of their disposition in a juvenile offender basic training camp.  If the juvenile offender's activities while in the juvenile offender basic training camp are so disruptive to the juvenile offender basic training camp program, as determined by the secretary according to rules adopted by the department, as to result in the removal of the juvenile offender from the juvenile offender basic training camp program, or if the offender cannot complete the juvenile offender basic training camp program due to medical problems, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition, less the amount of time already served in the juvenile offender basic training camp program.

     (8) All offenders who successfully graduate from the one hundred twenty day juvenile offender basic training camp program shall spend the remainder of ((their)) his or her disposition on parole in a ((division of)) juvenile rehabilitation administration intensive aftercare program in the local community.  The program shall provide for the needs of the offender based on his or her progress in the aftercare program as indicated by ongoing assessment of those needs and progress.  The intensive aftercare program shall monitor postprogram juvenile offenders and assist them to successfully reintegrate into the community.  In addition, the program shall develop a process for closely monitoring and assessing public safety risks.  The intensive aftercare program shall be designed and funded by the department of social and health services.

     (9) The department shall also develop and maintain a data base to measure recidivism rates specific to this incarceration program.  The data base shall maintain data on all juvenile offenders who complete the juvenile offender basic training camp program for a period of two years after they have completed the program.  The data base shall also maintain data on the criminal activity, educational progress, and employment activities of all juvenile offenders who participated in the program.  The department shall produce an outcome evaluation report on the progress of the juvenile offender basic training camp program to the appropriate committees of the legislature no later than December 12, 1996.

 

     NEW SECTION.  Sec. 29.  A new section is added to chapter 13.40 RCW to read as follows:

 

                         RECOMMENDED PROSECUTING STANDARDS

                        FOR CHARGING AND PLEA DISPOSITIONS

 

     INTRODUCTION:  These standards are intended solely for the guidance of prosecutors in the state of Washington.  They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.

     Evidentiary sufficiency.  (1) Decision not to prosecute.

     STANDARD:  A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.  The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.

     GUIDELINES/COMMENTARY:

     Examples

     The following are examples of reasons not to prosecute which could satisfy the standard.

     (a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.

     (b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:

     (i) It has not been enforced for many years; and

     (ii) Most members of society act as if it were no longer in existence; and

     (iii) It serves no deterrent or protective purpose in today's society; and

     (iv) The statute has not been recently reconsidered by the legislature.

     This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.

     (c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.

     (d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and

     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

     (ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

     (iii) Conviction of the new offense would not serve any significant deterrent purpose.

     (e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and

     (i) Conviction of the new offense would not merit any additional direct or collateral punishment;

     (ii) Conviction in the pending prosecution is imminent;

     (iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and

     (iv) Conviction of the new offense would not serve any significant deterrent purpose.

     (f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question.  The reason should be limited to minor cases and should not be relied upon in serious cases.

     (g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.

     (h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.

     (i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:

     (i) Assault cases where the victim has suffered little or no injury;

     (ii) Crimes against property, not involving violence, where no major loss was suffered;

     (iii) Where doing so would not jeopardize the safety of society.

     Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.

     The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.

     Notification

     The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.

     (2) Decision to prosecute.

     STANDARD:

     Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder.  With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved pursuant to RCW 13.40.160(5).

     Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.

     The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.440(2).

     The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.

     Selection of Charges/Degree of Charge

     (1) The prosecutor should file charges which adequately describe the nature of the respondent's conduct.  Other offenses may be charged only if they are necessary to ensure that the charges:

     (a) Will significantly enhance the strength of the state's case at trial; or

     (b) Will result in restitution to all victims.

     (2) The prosecutor should not overcharge to obtain a guilty plea.  Overcharging includes:

     (a) Charging a higher degree;

     (b) Charging additional counts.

     This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication.  Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.

     The selection of charges and/or the degree of the charge shall not be influenced by the race, gender, religion, or creed of the respondent.

     GUIDELINES/COMMENTARY:

     Police Investigation

     A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute.  The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made.  In ordinary circumstances the investigation should include the following:

     (1) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;

     (2) The completion of necessary laboratory tests; and

     (3) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.

     If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.

     Exceptions

     In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:

     (1) Probable cause exists to believe the suspect is guilty; and

     (2) The suspect presents a danger to the community or is likely to flee if not apprehended; or

     (3) The arrest of the suspect is necessary to complete the investigation of the crime.

     In the event that the exception that the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner.  If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.

     Investigation Techniques

     The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:

     (1) Polygraph testing;

     (2) Hypnosis;

     (3) Electronic surveillance;

     (4) Use of informants.

     Prefiling Discussions with Defendant

     Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.

     PLEA DISPOSITIONS:

     Standard

     (1) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.

     (2) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest.  Such situations may include the following:

     (a) Evidentiary problems which make conviction of the original charges doubtful;

     (b) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;

     (c) A request by the victim when it is not the result of pressure from the respondent;

     (d) The discovery of facts which mitigate the seriousness of the respondent's conduct;

     (e) The correction of errors in the initial charging decision;

     (f) The respondent's history with respect to criminal activity;

     (g) The nature and seriousness of the offense or offenses charged;

     (h) The probable effect of witnesses.

     (3) No plea agreement shall be influenced by the race, gender, religion, or creed of the respondent.  This includes but is not limited to the prosecutor's decision to utilize such disposition alternatives as "Option B," the Special Sex Offender Disposition Alternative, and manifest injustice.

     DISPOSITION RECOMMENDATIONS:

     Standard

     The prosecutor may reach an agreement regarding disposition recommendations.

     The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.

 

     NEW SECTION.  Sec. 30.  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. 31.  The amendments to RCW 13.40.0357 contained in section 12 of this act shall expire July 1, 1996, and shall not apply to offenses committed on or after July 1, 1996.

 

     NEW SECTION.  Sec. 32.  Section 13 of this act shall take effect July 1, 1996, and shall apply to offenses committed on or after July 1, 1996.

 

     NEW SECTION.  Sec. 33.  The amendments to RCW 13.40.0357 contained in section 13 of this act shall expire July 1, 1998, and shall not apply to offenses committed on or after July 1, 1998.

 

     NEW SECTION.  Sec. 34.  Section 14 of this act shall take effect July 1, 1998, and shall apply to offenses committed on or after July 1, 1998.

 


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