S-0129.4  _______________________________________________

                         SENATE BILL 5428

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Zarelli, Roach, Benton, Stevens and Oke

Read first time 01/27/97.  Referred to Committee on Law & Justice.

Revising juvenile dispositions.

    AN ACT Relating to juvenile dispositions; amending RCW 13.40.0357, 13.40.038, 13.40.040, 13.40.070, 13.40.077, 13.40.080, 13.40.150, 13.40.160, 13.40.190, 13.40.193, 13.40.210, 13.40.230, 13.40.320, 13.50.050, and 9.94A.040; reenacting and amending RCW 13.40.020; repealing RCW 13.40.0354 and 13.40.125; and prescribing penalties.

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

    Sec. 1.  RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 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;

(d) An attempt to commit any of the offenses listed in (c) of this subsection, except residential burglary or burglary in the second degree;

(e) The person's second or subsequent felony offense;

(f) The person's fifth or subsequent offense.  If a respondent has been convicted of two or more charges arising out of the same course of conduct, it shall be counted as one offense for the purpose of this subsection (1)(f);

    (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)) eighteen months 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)) two hundred ((fifty)) sixty 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; requirements to submit to random urinalysis; 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)) misdemeanor 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)) "Misdemeanor offender" means a person who has no prior criminal history other than a diversion contract, and whose current offense is a misdemeanor or gross misdemeanor;

    (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. 2.  RCW 13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:

                            SCHEDULE A

OFFENSE DESCRIPTION AND ((OFFENSE CATEGORY))

STANDARD RANGE FOR SERIOUS OFFENDERS

((juvenile                                  ((juvenile disposition

disposition                         category for attempt, standard

offense                            bailjump, conspiracy, range for

category)) description (rcw citation)   or solicitation)) detention

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

           Arson and Malicious Mischief

    ((A))  1Arson 1 (9A.48.020)              ((B+)) 3 years to age 21

    ((B))  1Arson 2 (9A.48.030)              ((C)) 1-3 years

    ((C))  Reckless Burning 1 (9A.48.040)    ((D)) 6-12 months

    ((D))  Reckless Burning 2 (9A.48.050)    ((E)) 3-9 months

    ((B))  Malicious Mischief 1 (9A.48.070)  ((C)) 9-12 months

    ((C))  Malicious Mischief 2 (9A.48.080)  ((D)) 6-12 months

    ((D))  Malicious Mischief 3 (((<$50 is

           E class))) (more than $50) (9A.48.090) ((E)) 3-9 months

Malicious Mischief 3 ($50 or less)

(9A.48.090) 3-9 months

    ((E))  Tampering with Fire Alarm

           Apparatus (9.40.100)              ((E)) 2 months

    ((A))  Possession of Incendiary Device

           (9.40.120)                        ((B+)) 3-5 years

           Assault and Other Crimes

           Involving Physical Harm

    ((A))  1Assault 1 (9A.36.011)            ((B+)) To age 21

    ((B+)) 1Assault 2 (9A.36.021)            ((C+)) 3-5 years

    ((C+)) Assault 3 (9A.36.031)             ((D+)) 1-3 years

    ((D+)) Assault 4 (9A.36.041)             ((E)) 4-12 months

Reckless Endangerment 1

(9A.36.045) 3-5 years

    ((D+)) Reckless Endangerment 2

           (9A.36.050)                       ((E)) 1-3 years

    ((C+)) Promoting Suicide Attempt

           (9A.36.060)                       ((D+)) 1-3 years

    ((D+)) Coercion (9A.36.070)              ((E)) 6-12 months

    ((C+)) Custodial Assault (9A.36.100)         ((D+)) 1-3 years

           Burglary and Trespass

    ((B+)) 1Burglary 1 (9A.52.020)           ((C+)) 3-5 years

Residential Burglary (9A.52.025) 1-3 years

    ((B))  Burglary 2 (9A.52.030)            ((C)) 6-18 months

    ((D))  Burglary Tools (Possession of)

           (9A.52.060)                       ((E)) 3-9 months

    ((D))  Criminal Trespass 1 (9A.52.070)   ((E)) 3-12 months

    ((E))  Criminal Trespass 2 (9A.52.080)   ((E)) 2-6 months

    ((D))  Vehicle Prowling (9A.52.100)      ((E)) 3-12 months

           Drugs

    ((E))  Possession/Consumption of Alcohol

           (66.44.270)                       ((E)) 3 days

    ((C))  Illegally Obtaining Legend Drug

           (69.41.020)                       ((D)) 3-9 months

    ((C+)) Sale, Delivery, Possession of Legend

           Drug with Intent to Sell

           (69.41.030)                       ((D+)) 2-5 years

    ((E))  Possession of Legend Drug

           (69.41.030)                       ((E)) 5-10 days

    ((B+)) Violation of Uniform Controlled

           Substances Act - Narcotic or

           Methamphetamine Sale

           (69.50.401(a)(1)(i) or (ii))      ((B+)) 2-5 years

    ((C))  Violation of Uniform Controlled

           Substances Act - Nonnarcotic Sale

           (69.50.401(a)(1)(iii))            ((C)) 2-5 years

    ((E))  Possession of Marihuana <40 grams

           (69.50.401(e))                    ((E)) 5-10 days

    ((C))  Fraudulently Obtaining Controlled

           Substance (69.50.403)             ((C)) 3-9 months

    ((C+)) Sale of Controlled Substance

           for Profit (69.50.410)            ((C+)) 2-5 years

    ((E))  Unlawful Inhalation (9.47A.020)   ((E)) 5-10 days

    ((B))  Violation of Uniform Controlled

           Substances Act - Narcotic or

           Methamphetamine

           Counterfeit Substances

           (69.50.401(b)(1)(i) or (ii))      ((B)) 2-5 years

    ((C))  Violation of Uniform Controlled

           Substances Act - Nonnarcotic

           Counterfeit Substances

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

           (v))                              ((C)) 2-5 years

    ((C))  Violation of Uniform Controlled

           Substances Act - Possession of a

           Controlled Substance

           (69.50.401(d))                    ((C)) 6-18 months

    ((C))  Violation of Uniform Controlled

           Substances Act - Possession of a

           Controlled Substance

           (69.50.401(c))                    ((C)) 9-18 months

           Firearms and Weapons

    ((E))  1Carrying Loaded Pistol Without

           Permit (9.41.050)                 ((E)) 3-12 months

    ((C))  1Possession of Firearms by

           Minor (<18) (9.41.040(1) (b)(((iv))) (iii))

                                            ((C)) 1-2 years

    ((D+)) 1Possession of Dangerous Weapon

           (9.41.250)                        ((E)) 3-18 months

    ((D))  1Intimidating Another Person by use

           of Weapon (9.41.270)              ((E)) 3-18 months

           Homicide

    ((A+)) 1Murder 1 (9A.32.030)             ((A)) To age 21

    ((A+)) 1Murder 2 (9A.32.050)             ((B+)) To age 21

    ((B+)) 1Manslaughter 1 (9A.32.060)       ((C+)) 5-7 years

    ((C+)) 1Manslaughter 2 (9A.32.070)       ((D+)) 2-5 years

    ((B+)) 1Vehicular Homicide (46.61.520)   ((C+)) 3-7 years

           Kidnapping

    ((A))  1Kidnap 1 (9A.40.020)             ((B+)) 4 years to age 21

    ((B+)) 1Kidnap 2 (9A.40.030)             ((C+)) 3-5 years

    ((C+)) 1Unlawful Imprisonment

           (9A.40.040)                       ((D+)) 6-18 months

           Obstructing Governmental Operation

    ((E))  Obstructing a

           Law Enforcement Officer

           (9A.76.020)                       ((E)) 2-6 months

    ((E))  Resisting Arrest (9A.76.040)      ((E)) 3-9 months

    ((B))  1Introducing Contraband 1

           (9A.76.140)                       ((C)) 1-3 years

    ((C))  Introducing Contraband 2

           (9A.76.150)                       ((D)) 6 months to 3 years

    ((E))  Introducing Contraband 3

           (9A.76.160)                       ((E)) 3-9 months

    ((B+)) Intimidating a Public Servant

           (9A.76.180)                       ((C+)) 1-3 years

    ((B+)) Intimidating a Witness

           (9A.72.110)                       ((C+)) 6-18 months

           Public Disturbance

    ((C+)) 1Riot with Weapon (9A.84.010)     ((D+)) 6-18 months

    ((D+)) Riot Without Weapon

           (9A.84.010)                      ((E)) 3-9 months

    ((E))  Failure to Disperse (9A.84.020)   ((E)) 2-6 months

    ((E))  Disorderly Conduct (9A.84.030)    ((E)) 2-6 months

           Sex Crimes

    ((A))  1Rape 1 (9A.44.040)               ((B+)) To age 21

    ((A-)) 1Rape 2 (9A.44.050)               ((B+)) 3 years to age 21

    ((C+)) 1Rape 3 (9A.44.060)               ((D+)) 2 years to age 21

    ((A-)) 1Rape of a Child 1 (9A.44.073)    ((B+)) 3 years to age 21

    ((B))  1Rape of a Child 2 (9A.44.076)    ((C+)) 2 years to age 21

    ((B))  1Incest 1 (9A.64.020(1))          ((C)) 2 years to age 21

    ((C))  1Incest 2 (9A.64.020(2))          ((D)) 2 years to age 21

    ((D+)) 1Indecent Exposure

           (Victim <14) (9A.88.010)              ((E)) 6-18 months

    ((E))  1Indecent Exposure

           (Victim 14 or over) (9A.88.010)   ((E)) 3-6 months

    ((B+)) 1Promoting Prostitution 1

           (9A.88.070)                       ((C+)) 3-5 years

    ((C+)) 1Promoting Prostitution 2

           (9A.88.080)                       ((D+)) 1-3 years

    ((E))  1O & A (Prostitution) (9A.88.030) ((E)) 6-18 months

    ((B+)) 1Indecent Liberties (9A.44.100)   ((C+)) 3 years to age 21

    ((B+)) 1Child Molestation 1 (9A.44.083)  ((C+)) 3 years to age 21

    ((C+)) 1Child Molestation 2 (9A.44.086)  ((C)) 2 years to age 21

           Theft, Robbery, Extortion, and Forgery

    ((B))  Theft 1 (9A.56.030)               ((C)) 9-12 months

    ((C))  Theft 2 (9A.56.040)               ((D)) 6-12 months

    ((D))  Theft 3 (9A.56.050)               ((E)) 3-9 months

Theft of Firearm (9A.56.300) 6-12 months

    ((B))  Theft of Livestock (9A.56.080)    ((C)) 9-12 months

    ((C))  Forgery (9A.60.020)               ((D)) 6-12 months

    ((A))  1Robbery 1 (9A.56.200)            ((B+)) To age 21

    ((B+)) 1Robbery 2 (9A.56.210)            ((C+)) 3-5 years

    ((B+)) 1Extortion 1 (9A.56.120)          ((C+)) 1-3 years

    ((C+)) Extortion 2 (9A.56.130)           ((D+)) 6-18 months

    ((B))  Possession of Stolen Property 1

           (9A.56.150)                       ((C)) 9-12 months

    ((C))  Possession of Stolen Property 2

           (9A.56.160)                       ((D)) 6-12 months

    ((D))  Possession of Stolen Property 3

           (9A.56.170)                       ((E)) 3-9 months

    ((C))  Taking Motor Vehicle Without

           Owner's Permission (9A.56.070)    ((D)) 6-18 months

           Motor Vehicle Related Crimes

    ((E))  Driving Without a License

           (46.20.021)                       ((E)) 2-6 months

    ((C))  Hit and Run - Injury

           (46.52.020(4))                    ((D)) 6-18 months

    ((D))  Hit and Run-Attended

           (46.52.020(5))                    ((E)) 3-9 months

    ((E))  Hit and Run-Unattended

           (46.52.010)                       ((E)) 2-6 months

    ((C))  Vehicular Assault (46.61.522)         ((D)) 9 months to 2 years

    ((C))  Attempting to Elude Pursuing

           Police Vehicle (46.61.024)        ((D)) 6-12 months

    ((E))  Reckless Driving (46.61.500)      ((E)) 2-6 months

    ((D))  Driving While Under the Influence

           (46.61.502 and 46.61.504)         ((E)) 3-9 months

    ((D))  Vehicle Prowling (9A.52.100)      ((E)) 3-9 months

    ((C))  Taking Motor Vehicle Without

           Owner's Permission (9A.56.070)    ((D)) 6-18 months

           Other

    ((B))  1Bomb Threat (9.61.160)           ((C)) 6-12 months

    ((C))  1Escape 1((¹)) (9A.76.110)         ((C)) 6-18 months

    ((C))  1Escape 2((¹)) (9A.76.120)         ((C)) 6-18 months

    ((D))  Escape 3 (9A.76.130)              ((E)) 3-9 months

Bail Jumping (9A.76.170) 5-10 days

    ((E))  Obscene, Harassing, Etc.,

           Phone Calls (9.61.230)            ((E)) 3-9 months

    ((A))  1Other Offense Equivalent to an

           Adult Class A Felony              ((B+)) 3 years to age 21

    ((B))  1Other Offense Equivalent to an

           Adult Class B Felony              ((C)) 2 years to age 21

    ((C))  Other Offense Equivalent to an

           Adult Class C Felony              ((D)) 1-3 years

    ((D))  Other Offense Equivalent to an

           Adult Gross Misdemeanor           ((E)) 3-18 months

    ((E))  Other Offense Equivalent to an

           Adult Misdemeanor                 ((E)) 2-6 months

    ((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.))

1This is a disqualifying offense.  A juvenile committing this offense is not eligible for juvenile offender basic training camp.

For persons adjudicated of the anticipatory offenses of attempt, solicitation, or conspiracy to commit any offense in schedule A, the standard range for the offense shall have a minimum that is eighty percent of the minimum for the completed offense and a maximum that is the same as the maximum for the completed offense.

                           ((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)) misdemeanor offenders.  After the determination is made that a youth is a ((minor/first)) misdemeanor offender, the court has the discretion to select sentencing option A((,)) or B((, or C)).

               ((MINOR/FIRST)) MISDEMEANOR OFFENDER

                             OPTION A

                          STANDARD RANGE

                         Community

           Community     Service

((Points)) Supervision   Hours         Fine          Detention

Range

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

((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))

6-12 months and 104-208 and $0-$100 and 0-10 days

Community service hours shall be required at a rate of four hours for each week of community supervision.

                                OR

                             OPTION B

                        ((STATUTORY OPTION

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)) If the court determines that a disposition under option A 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((,)) or B((, or C)).

                          MIDDLE OFFENDER

                             OPTION A

                          STANDARD RANGE

     Community

       Community Service            Confinement

((Points))      Supervision              Hours      Fine       Days ((Weeks))

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

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

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

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

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

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

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

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

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

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

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

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))

12-18 months and 208-260 and $0-$100 and 5-30

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

All A+ offenses 180-224 weeks))

Community service hours shall be required at a rate of four hours for each week of community supervision.

                                OR

                             OPTION B

                        ((STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

Posting of a Probation Bond

If the offender has less than 110 points, 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.

    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 fails to comply with the terms of community supervision, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order execution of the disposition.  If the court imposes confinement for offenders with 110 points or more, the court shall state either aggravating or mitigating factors set forth in RCW 13.40.150.

                                OR

                            OPTION C))

                        MANIFEST INJUSTICE

If the court determines that a disposition under option A ((or B)) 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.

                   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))

Fine Detention Range

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

    ((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))

$0-$100 As indicated in

Schedule A

                                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 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.  If the standard range is less than 30 days of detention, then the provisions of schedule D-1 may be used.

    Sec. 3.  RCW 13.40.038 and 1992 c 205 s 105 are each amended to read as follows:

    It is the policy of this state that all county juvenile detention facilities provide a humane, safe, and rehabilitative environment ((and that unadjudicated youth remain in the community whenever possible, consistent with public safety and the provisions of chapter 13.40 RCW)).  It is the policy of this state that a juvenile suspect be removed from a confrontational situation as soon as possible.  Counties should emphasize immediate enforcement by arrest, booking, and release to a parent or guardian as provided in RCW 13.40.040.

    The counties shall develop and implement detention intake standards and risk assessment standards to determine whether detention is warranted and if so whether the juvenile should be placed in secure, nonsecure, or home detention to implement the goals of this section.  Inability to pay for a less restrictive detention placement shall not be a basis for denying a respondent a less restrictive placement in the community.  The detention and risk assessment standards shall be developed and implemented no later than December 31, 1992.

    Sec. 4.  RCW 13.40.040 and 1995 c 395 s 4 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 subsections (2) and (3) 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 taken into custody may be held in detention until the juvenile can be released into the custody of a parent or guardian, if a parent or guardian is available to accept custody of the juvenile.

(3) Except as provided in subsection (2) of this section, 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))) (4) 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))) (5) 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.  Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.

    Sec. 5.  RCW 13.40.070 and 1994 sp.s. c 7 s 543 are each amended to read as follows:

    (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

    (a) The alleged facts bring the case within the jurisdiction of the court; and

    (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

    (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

    (3) If the requirements of subsections (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section.  If the prosecutor finds that the requirements of subsection (1)(a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor.  In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

    (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.  It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

    (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

    (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, a class C felony listed in RCW 9.94A.440(2) as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment, a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(((e))) (b)(iii), or any other offense listed in RCW 13.40.020(1) (b) or (c); or

    (b) An alleged offender is accused of a felony ((and)) or has a criminal history of any felony, ((or at least two)) gross misdemeanor((s)), or ((at least two)) misdemeanor((s)); or

    (c) An alleged offender has previously been committed to the department; or

    (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

    (e) An alleged offender has ((two)) one or more diversion contracts on the alleged offender's criminal history; or

    (f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.

    (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense is the offender's first offense or violation.  If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.

    (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it ((may)) must be filed ((or diverted.  In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history and the circumstances surrounding the commission of the alleged offense)).

    (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile.  Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.

    (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

    (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs.  Such mediation or victim offender reconciliation programs shall be voluntary for victims.

    Sec. 6.  RCW 13.40.077 and 1996 c 9 s 1 are each amended 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;

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

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

    (((iv))) (ii) 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; and

    (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))) (g) 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 under RCW 13.40.160(((5))) (4).

    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.

    (3) Selection of Charges/Degree of Charge

    (a) 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:

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

    (ii) Will result in restitution to all victims.

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

    (i) Charging a higher degree;

    (ii) 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.

    (4) 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:

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

    (b) The completion of necessary laboratory tests; and

    (c) 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.

    (5) Exceptions

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

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

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

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

    In the event that the exception ((that [to])) to 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.

    (6) Investigation Techniques

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

    (a) Polygraph testing;

    (b) Hypnosis;

    (c) Electronic surveillance;

    (d) Use of informants.

    (7) 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.

    (8) Plea dispositions:

    STANDARD

    (a) 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.

    (b) 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:

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

    (ii) 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;

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

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

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

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

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

    (viii) The probable effect of witnesses.

    (c) 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.

    (9) 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.

    Sec. 7.  RCW 13.40.080 and 1996 c 124 s 1 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.  A juvenile is ineligible for participation in a diversion program if he or she is accused of a felony or has a criminal history consisting of at least one offense or a diversion contract.  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;

    (c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency.  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) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.

    (b) 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.

    (c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim.  In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years or longer if the court determines that the juvenile does not have the means to make full restitution over a shorter period.  For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday or longer if necessary to recover the full amount of restitution.  ((The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period.))  The county clerk shall make disbursements to victims named in the order.  The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.  A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.

    (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. 8.  RCW 13.40.150 and 1995 c 268 s 5 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)) misdemeanor 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 13.40.135;

    (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.

    (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. 9.  RCW 13.40.160 and 1995 c 395 s 7 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)) detention for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsections (((5))) (4) and (((6))) (5) 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)) misdemeanor offender, the court shall order that the respondent serve a ((term of community supervision)) disposition as indicated in option A ((or option B)) of schedule D-1, RCW 13.40.0357 except as provided in subsections (((5))) (4) and (((6))) (5) of this section.  If the court determines that a disposition ((of community supervision)) within schedule D-1 would effectuate a manifest injustice the court may impose another disposition under option ((C)) B of schedule D-1, RCW 13.40.0357.  ((Except as provided in subsection (5) of this section,)) A disposition ((other than a community supervision)) under option B of schedule D-1 may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of ((community supervision)) a disposition under option A of schedule D-1 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)) under option A of schedule D-1 or a disposition imposed pursuant to subsection (((5))) (4) 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)) under option A of schedule D-1 or a disposition imposed pursuant to subsection (((5))) (4) 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))) (4) and (((6))) (5) of this section.  ((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 determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B 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 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))) (b) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in (a) of this 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))) (c) A disposition pursuant to (b) of this subsection (((4)(c) of this section)) is appealable under RCW 13.40.230 by the state or the respondent.  A disposition pursuant to (a) of this subsection (((4) (a) or (b) of this section)) is not appealable under RCW 13.40.230.

    (((5))) (4) When a serious, middle, or ((minor first)) misdemeanor 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 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 the court may suspend the execution of the disposition and place the offender on community supervision for up to two years.  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;

    (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))) (4), 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))) (4) 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))) (5) 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))) (b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

    (((7))) (6) 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))) (7) 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. 10.  RCW 13.40.190 and 1996 c 124 s 2 are each amended to read as follows:

    (1) In its dispositional order, the court shall require the respondent to make restitution to any persons who have suffered loss or damage as a result of the offense committed by the respondent.  In addition, restitution ((may)) shall be ordered for loss or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which, pursuant to a plea agreement, are not prosecuted.  The payment of restitution shall be in addition to any punishment which is imposed pursuant to the other provisions of this chapter.  The court may determine the amount, terms, and conditions of the restitution including a payment plan extending up to ten years or longer if the court determines that the respondent does not have the means to make full restitution over a shorter period.  Restitution may include the costs of counseling reasonably related to the offense.  If the respondent participated in the crime with another person or other persons, all such participants shall be jointly and severally responsible for the payment of restitution.  For the purposes of this section, the respondent shall remain under the court's jurisdiction for a maximum term of ten years after the respondent's eighteenth birthday or longer if necessary to recover the full amount of restitution.  ((The court may not require the respondent to pay full or partial restitution if the respondent reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay such restitution over a ten-year period.))

    (2) ((Regardless of the provisions of subsection (1) of this section, the court shall order restitution in all cases where the victim is entitled to benefits under the crime victims' compensation act, chapter 7.68 RCW.))  If the court does not order restitution and the victim of the crime has been determined to be entitled to benefits under the crime victims' compensation act, the department of labor and industries, as administrator of the crime victims' compensation program, may petition the court within one year of entry of the disposition order for entry of a restitution order.  Upon receipt of a petition from the department of labor and industries, the court shall hold a restitution hearing and shall enter a restitution order.

    (3) If an order includes restitution as one of the monetary assessments, the county clerk shall make disbursements to victims named in the order.  The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments.

    (4) A respondent under obligation to pay restitution may petition the court for modification of the restitution order.

    Sec. 11.  RCW 13.40.193 and 1994 sp.s. c 7 s 525 are each amended to read as follows:

    (1) If a respondent is found to have been in possession of a firearm in violation of RCW 9.41.040(1)(((e))) (b)(iii), the court shall impose a determinate disposition of ten days of confinement and up to twelve months of community supervision.  If the offender's standard range of disposition for the offense as indicated in RCW 13.40.0357 is more than thirty days of confinement, the court shall commit the offender to the department for the standard range disposition.  The offender shall not be released until the offender has served a minimum of ten days in confinement.

    (2) If the court finds that the respondent or an accomplice was armed with a firearm, the court shall determine the standard range disposition for the offense pursuant to RCW 13.40.160.  Ninety days of confinement shall be added to the entire standard range disposition of confinement if the offender or an accomplice was armed with a firearm when the offender committed:  (a) Any violent offense; or (b) escape in the first degree; burglary in the second degree; theft of livestock in the first or second degree; or any felony drug offense.  If the offender or an accomplice was armed with a firearm and the offender is being adjudicated for an anticipatory felony offense under chapter 9A.28 RCW to commit one of the offenses listed in this subsection, ninety days shall be added to the entire standard range disposition of confinement.  The ninety days shall be imposed regardless of the offense's juvenile disposition ((offense category as designated in)) under RCW 13.40.0357.  The department shall not release the offender until the offender has served a minimum of ninety days in confinement, unless the juvenile is committed to and successfully completes the juvenile offender basic training camp disposition option.

    (3) ((Option B of schedule D-2, RCW 13.40.0357, shall not be available for middle offenders who receive a disposition under this section.))  When a disposition under this section would effectuate a manifest injustice, the court may impose another disposition.  When a judge finds a manifest injustice and imposes a disposition of confinement exceeding thirty days, the court shall commit the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  When a judge finds a manifest injustice and imposes a disposition of confinement less than thirty days, the disposition shall be comprised of confinement or community supervision or both.

    (4) Any term of confinement ordered pursuant to this section may run concurrently to any term of confinement imposed in the same disposition for other offenses.

    Sec. 12.  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.  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)) shall 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)) a minimum of twenty-four 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, drug, or psychiatric treatment; (b) report as directed to a parole officer; (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. 13.  RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:

    (1) Dispositions reviewed pursuant to RCW 13.40.160, as now or hereafter amended, shall be reviewed in the appropriate division of the court of appeals.

    An appeal under this section shall be heard solely upon the record that was before the disposition court.  No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument.  The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.

    (2) To uphold a disposition outside the standard range, or which imposes confinement for a ((minor or first)) misdemeanor offender, the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range, or nonconfinement for a ((minor or first)) misdemeanor offender, would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.

    (3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter.

    (4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.

    (5) Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer.  The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(((4))) (5) and 13.40.050(6).  Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.

    (6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.

    Sec. 14.  RCW 13.40.320 and 1995 c 40 s 1 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.  Any contract must contain a provision prohibiting the contractor from operating any other correctional facility on that site without prior approval from the Washington state legislature.  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)) eighty 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) Only serious offenders are eligible for the juvenile offender basic training camp option ((shall be those with a disposition of not more than seventy-eight weeks)).  Violent and sex offenders ((shall not be)), other offenders committing offenses identified in RCW 13.40.0357, schedule A, as disqualifying offenses, and those offenders who are already incarcerated when convicted of a new crime are not 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.  The evaluation shall include, at a minimum, a risk assessment developed by the department and designed to determine the offender's suitability for the program.  No juvenile who is assessed as a high risk offender or 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 one hundred ((twenty)) eighty 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)) standard range term of his or her disposition((, less the amount of time already served in the juvenile offender basic training camp program)).  If the offender cannot complete the juvenile offender basic training camp program due to a medical problem, the secretary shall require that the offender be committed to a juvenile institution to serve the entire remainder of his or her disposition.

    (8) All offenders who successfully graduate from the one hundred ((twenty)) eighty day juvenile offender basic training camp program shall spend the remainder of their disposition or twenty-four months, whichever is longer, on parole in a division of juvenile rehabilitation 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 program shall make available prevocational training, conflict resolution, anger management counseling, and substance abuse intervention and treatment.  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.

    Sec. 15.  RCW 13.50.050 and 1992 c 188 s 7 are each amended to read as follows:

    (1) This section governs records relating to the commission of juvenile offenses, including records relating to diversions.

    (2) The official juvenile court file of any alleged or proven juvenile offender shall be open to public inspection, unless sealed pursuant to subsection (11) of this section.

    (3) All records other than the official juvenile court file are confidential and may be released only as provided in this section, RCW 13.50.010, 13.40.215, and 4.24.550.

    (4) Except as otherwise provided in this section and RCW 13.50.010, records retained or produced by any juvenile justice or care agency may be released to other participants in the juvenile justice or care system only when an investigation or case involving the juvenile in question is being pursued by the other participant or when that other participant is assigned the responsibility for supervising the juvenile.

    (5) Except as provided in RCW 4.24.550, information not in an official juvenile court file concerning a juvenile or a juvenile's family may be released to the public only when that information could not reasonably be expected to identify the juvenile or the juvenile's family.

    (6) Notwithstanding any other provision of this chapter, the release, to the juvenile or his or her attorney, of law enforcement and prosecuting attorneys' records pertaining to investigation, diversion, and prosecution of juvenile offenses shall be governed by the rules of discovery and other rules of law applicable in adult criminal investigations and prosecutions.

    (7) The juvenile court and the prosecutor may set up and maintain a central record-keeping system which may receive information on all alleged juvenile offenders against whom a complaint has been filed pursuant to RCW 13.40.070 whether or not their cases are currently pending before the court.  The central record-keeping system may be computerized.  If a complaint has been referred to a diversion unit, the diversion unit shall promptly report to the juvenile court or the prosecuting attorney when the juvenile has agreed to diversion.  An offense shall not be reported as criminal history in any central record-keeping system without notification by the diversion unit of the date on which the offender agreed to diversion.

    (8) Upon request of the victim of a crime or the victim's immediate family, the identity of an alleged or proven juvenile offender alleged or found to have committed a crime against the victim and the identity of the alleged or proven juvenile offender's parent, guardian, or custodian and the circumstance of the alleged or proven crime shall be released to the victim of the crime or the victim's immediate family.

    (9) Subject to the rules of discovery applicable in adult criminal prosecutions, the juvenile offense records of an adult criminal defendant or witness in an adult criminal proceeding shall be released upon request to prosecution and defense counsel after a charge has actually been filed.  The juvenile offense records of any adult convicted of a crime and placed under the supervision of the adult corrections system shall be released upon request to the adult corrections system.

    (10) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsections (24) and (26) of this section, order the sealing of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

    (11) The court shall grant the motion to seal records made pursuant to subsection (10) of this section if it finds that:

    (a) Two years have elapsed from the later of:  (i) Final discharge of the person from the supervision of any agency charged with supervising juvenile offenders; or (ii) from the entry of a court order relating to the commission of a juvenile offense or a criminal offense;

    (b) No proceeding is pending against the moving party seeking the conviction of a juvenile offense or a criminal offense; and

    (c) No proceeding is pending seeking the formation of a diversion agreement with that person.

    (12) The person making a motion pursuant to subsection (10) of this section shall give reasonable notice of the motion to the prosecution and to any person or agency whose files are sought to be sealed.

    (13) If the court grants the motion to seal made pursuant to subsection (10) of this section, it shall, subject to subsection (24) of this section, order sealed the official juvenile court file, the social file, and other records relating to the case as are named in the order.  Thereafter, the proceedings in the case shall be treated as if they never occurred, and the subject of the records may reply accordingly to any inquiry about the events, records of which are sealed.  Any agency shall reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual.

    (14) Inspection of the files and records included in the order to seal may thereafter be permitted only by order of the court upon motion made by the person who is the subject of the information or complaint, except as otherwise provided in RCW 13.50.010(8) and subsection (24) of this section.

    (15) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order.  Any conviction for any adult felony subsequent to the sealing has the effect of nullifying the sealing order for the purposes of chapter 9.94A RCW for any juvenile adjudication of guilt for a class A offense or a sex offense as defined in RCW 9.94A.030.

    (16) In any case in which an information has been filed pursuant to RCW 13.40.100 or a complaint has been filed with the prosecutor and referred for diversion pursuant to RCW 13.40.070, the person who is the subject of the information or complaint may file a motion with the court to have the court vacate its order and findings, if any, and, subject to subsections (24) and (26) of this section, order the destruction of the official juvenile court file, the social file, and records of the court and of any other agency in the case.

    (17) The court may grant the motion to destroy records made pursuant to subsection (16) of this section if it finds:

    (a) The person making the motion is at least twenty-three years of age;

    (b) The person has not subsequently been convicted of a felony;

    (c) No proceeding is pending against that person seeking the conviction of a criminal offense; and

    (d) The person has never been found guilty of a serious offense.

    (18) A person eighteen years of age or older whose criminal history consists of only one referral for diversion may request that the court order the records in that case destroyed.  The request shall be granted, subject to subsection (24) of this section, if the court finds that two years have elapsed since completion of the diversion agreement.

    (19) If the court grants the motion to destroy records made pursuant to subsection (16) or (18) of this section, it shall, subject to subsection (24) of this section, order the official juvenile court file, the social file, and any other records named in the order to be destroyed.

    (20) The person making the motion pursuant to subsection (16) or (18) of this section shall give reasonable notice of the motion to the prosecuting attorney and to any agency whose records are sought to be destroyed.

    (21) Any juvenile to whom the provisions of this section may apply shall be given written notice of his or her rights under this section at the time of his or her disposition hearing or during the diversion process.

    (22) Nothing in this section may be construed to prevent a crime victim or a member of the victim's family from divulging the identity of the alleged or proven juvenile offender or his or her family when necessary in a civil proceeding.

    (23) Any juvenile justice or care agency may, subject to the limitations in subsections (24) and (26) of this section and ((subparagraphs)) (a) and (b) of this subsection, develop procedures for the routine destruction of records relating to juvenile offenses and diversions.

    (a) Records may be routinely destroyed only when the person the subject of the information or complaint:  (i) Has attained ((twenty-three)) twenty-eight years of age or older and has no adult criminal convictions within the last seven years, or (ii) is eighteen years of age or older and his or her criminal history consists entirely of one diversion agreement and two years have passed since completion of the agreement.

    (b) The court may not routinely destroy the official juvenile court file or recordings or transcripts of any proceedings.

    (24) No identifying information held by the Washington state patrol in accordance with chapter 43.43 RCW is subject to destruction or sealing under this section.  For the purposes of this subsection, identifying information includes photographs, fingerprints, palmprints, soleprints, toeprints and any other data that identifies a person by physical characteristics, name, birthdate or address, but does not include information regarding criminal activity, arrest, charging, diversion, conviction or other information about a person's treatment by the criminal justice system or about the person's behavior.

    (25) Information identifying child victims under age eighteen who are victims of sexual assaults by juvenile offenders is confidential and not subject to release to the press or public without the permission of the child victim or the child's legal guardian.  Identifying information includes the child victim's name, addresses, location, photographs, and in cases in which the child victim is a relative of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.  Information identifying a child victim of sexual assault may be released to law enforcement, prosecutors, judges, defense attorneys, or private or governmental agencies that provide services to the child victim of sexual assault.

(26) The official juvenile court file, the social file, and the records of the court and any other agency in the case of any person who committed a sex offense or a serious violent offense may not be sealed or destroyed.

    Sec. 16.  RCW 9.94A.040 and 1996 c 232 s 1 are each amended to read as follows:

    (1) A sentencing guidelines commission is established as an agency of state government.

    (2) The legislature finds that the commission, having accomplished its original statutory directive to implement this chapter, and having expertise in sentencing practice and policies, shall:

    (a) Evaluate state sentencing policy, to include whether the sentencing ranges and standards are consistent with and further:

    (i) The purposes of this chapter as defined in RCW 9.94A.010; and

    (ii) The intent of the legislature to emphasize confinement for the violent offender and alternatives to confinement for the nonviolent offender.

    The commission shall provide the governor and the legislature with its evaluation and recommendations under this subsection not later than December 1, 1996, and every two years thereafter;

    (b) Recommend to the legislature revisions or modifications to the standard sentence ranges, state sentencing policy, prosecuting standards, and other standards.  If implementation of the revisions or modifications would result in exceeding the capacity of correctional facilities, then the commission shall accompany its recommendation with an additional list of standard sentence ranges which are consistent with correction capacity;

    (c) Study the existing criminal code and from time to time make recommendations to the legislature for modification;

    (d)(i) Serve as a clearinghouse and information center for the collection, preparation, analysis, and dissemination of information on state and local adult and juvenile sentencing practices; (ii) develop and maintain a computerized adult and juvenile sentencing information system by individual superior court judge consisting of offender, offense, history, and sentence information entered from judgment and sentence forms for all adult felons; and (iii) conduct ongoing research regarding adult and juvenile sentencing guidelines, use of total confinement and alternatives to total confinement, plea bargaining, and other matters relating to the improvement of the adult criminal justice system and the juvenile justice system;

     (e) Assume the powers and duties of the juvenile disposition standards commission after June 30, 1996;

     (f) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally, specifically review the guidelines relating to the confinement of ((minor and first)) misdemeanor offenders as well as the use of diversion, and 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;

    (g) Solicit the comments and suggestions of the juvenile justice community concerning disposition standards, and make recommendations to the legislature regarding revisions or modifications of the standards in accordance with RCW 9.94A.045.  The evaluations shall be submitted to the legislature on December 1 of each odd-numbered year.  The department of social and health services shall 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 with recommendations for modification of the disposition standards.  The office of the administrator for the courts shall provide the commission with available data on diversion and dispositions of juvenile offenders under chapter 13.40 RCW; and

    (h) Not later than December 1, 1997, and at least every two years thereafter, based on available information, report to the governor and the legislature on:

    (i) Racial disproportionality in juvenile and adult sentencing;

    (ii) The capacity of state and local juvenile and adult facilities and resources; and

    (iii) Recidivism information on adult and juvenile offenders.

    (3) Each of the commission's recommended standard sentence ranges shall include one or more of the following:  Total confinement, partial confinement, community supervision, community service, and a fine.

    (4) The standard sentence ranges of total and partial confinement under this chapter are subject to the following limitations:

    (a) If the maximum term in the range is one year or less, the minimum term in the range shall be no less than one-third of the maximum term in the range, except that if the maximum term in the range is ninety days or less, the minimum term may be less than one-third of the maximum;

    (b) If the maximum term in the range is greater than one year, the minimum term in the range shall be no less than seventy-five percent of the maximum term in the range; and

    (c) The maximum term of confinement in a range may not exceed the statutory maximum for the crime as provided in RCW 9A.20.021.

    (5) The commission shall exercise its duties under this section in conformity with chapter 34.05 RCW.

NEW SECTION. Sec. 17.  The following acts or parts of acts are each repealed:

(1) RCW 13.40.0354 and 1994 sp.s. c 7 s 521 & 1989 c 407 s 6; and

(2) RCW 13.40.125 and 1995 c 395 s 6 & 1994 sp.s. c 7 s 545.

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