CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 2790

 

 

 

 

 

 

                        55th Legislature

                      1998 Regular Session

Passed by the House February 10, 1998  Yeas 96   Nays 0

 

 

 

Speaker of the

      House of Representatives

 

Passed by the Senate March 4, 1998

  Yeas 48   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2790  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                          Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.   

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2790

          _______________________________________________

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By House Committee on Law & Justice (originally sponsored by Representatives Mastin, Sheahan, Costa and Lambert)

 

Read first time 02/04/98.  Referred to Committee on .

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


    AN ACT Relating to restitution hearings for juvenile offenders; amending RCW 13.40.150; and providing an effective date.

 

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

 

    Sec. 1.  RCW 13.40.150 and 1997 c 338 s 24 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, or set a hearing for a later date not to exceed one hundred eighty days from the date of the disposition hearing to determine the amount, except that the court may continue the hearing beyond the one hundred eighty days for good cause;

    (g) Determine the respondent's offender score;

    (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 13.40.135;

    (vi) The respondent was the leader of a criminal enterprise involving several persons;

    (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 standard range disposition is clearly too lenient considering the seriousness of the juvenile's prior adjudications.

    (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.

 

    NEW SECTION.  Sec. 2.  This act takes effect July 1, 1998.

 


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