HOUSE BILL ANALYSIS

                  HB 2790

Title:  An act relating to restitution hearings for juvenile offenders.

Brief Description:  Requiring restitution hearings for juvenile offenders to occur within one hundred eighty days of the disposition hearing.

Sponsors:  Representatives Mastin, Sheahan, Costa and Lambert.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Elizabeth Chambers (786-7291); Edie Adams (786-7180).

Background:  In a disposition hearing for a juvenile offender, the court must determine the amount of restitution owed to the victim.  The Washington Supreme Court recently interpreted this provision to require that a juvenile offender=s restitution obligation must be determined at the disposition hearing unless the juvenile waives the right to have restitution set at that time.  State v. Mollichi.

During the 1997 legislative session, the Washington Legislature passed juvenile justice legislation (E3SHB 3900) which clarifies that at a juvenile=s disposition hearing, the court may set a later hearing date to determine the amount of restitution.  This provision takes effect July 1, 1998.

In a disposition hearing for an adult, if restitution is ordered, the court may determine the amount of restitution due within 180 days.

Summary of Bill:  In juvenile court, if a hearing for restitution is set for a later date, that date must be within 180 days from the date of the disposition hearing.

Fiscal Note:  Not requested.

Effective Date:  The bill takes effect July 1, 1998.

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