S-0950.3  _______________________________________________

                         SENATE BILL 5705

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Long, Hargrove, Franklin, Zarelli and Kohl

Read first time 02/07/97.  Referred to Committee on Law & Justice.

Changing provisions relating to prevention of juvenile crime and reduction of recidivism for juvenile offenders.

    AN ACT Relating to juvenile offenders; amending RCW 13.40.010, 13.40.030, 13.40.038, 13.40.040, 13.40.045, 13.40.050, 13.40.054, 13.40.060, 13.40.077, 13.40.080, 13.40.100, 13.40.120, 13.40.125, 13.40.130, 13.40.135, 13.40.150, 13.40.160, 13.40.185, 13.40.190, 13.40.193, 13.40.210, 13.40.230, 13.40.265, 5.60.060, 13.04.011, 13.32A.030, 13.32A.140, 13.32A.191, 13.32A.196, 13.32A.198, 13.34.030, 13.50.050, 13.70.010, 13.80.020, and 43.43.735; reenacting and amending RCW 13.40.020, 9.94A.030, and 13.04.030; adding new sections to chapter 13.40 RCW; adding a new section to chapter 2.56 RCW; adding a new section to chapter 2.08 RCW; adding a new section to chapter 36.67 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 43.330 RCW; creating new sections; repealing RCW 13.40.025; prescribing penalties; making appropriations; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The legislature recognizes there is a need for comprehensive revision to our state and local government juvenile justice system and that no major systemic changes have taken place in the twenty years since the current practices were put in place. 

    This act recognizes the long-term upward trend in the number and rates of juvenile offenses and the frustration experienced by parents, law enforcement, and the judiciary in addressing these increases.  The legislature intends to reverse the trends over a long-term basis and to improve the public's confidence in the juvenile justice system.

    The intent of this act is to accomplish the following goals:  (1) Reduce recidivism among juvenile offenders; (2) reduce the number and rate of juvenile offenses; (3) increase the ability of families, public agencies, and community groups to use early intervention and prevention programs that successfully identify and target risk factors associated with juvenile offenses; (4) emphasize rehabilitation for juveniles before they become chronic offenders; (5) improve the coordination among agencies serving juvenile offenders and their families; and (6)  use data and research to prioritize funding for successful programs that are outcome based.

    The intent of this act is to bring about planned, long-range systemic improvements to the juvenile justice system and public safety and is not intended to be an immediate solution to all concerns about juvenile crime.  The legislature recognizes the importance of evaluations and outcome measurements of programs serving juvenile offenders in order to ensure cost-effective use of public funds.  This act should not be construed as creating an ongoing commitment to any program or effort that does not accomplish the goals of this act.

    The legislature intends this act to be understood as a unified approach, and declares that a rational unity exists between the various sections and its overall subject, juvenile justice reform.

NEW SECTION. Sec. 2.  The legislature intends to improve delivery of services that are designed to reduce juvenile offenses.  The improvement shall include expanded, more efficient, and better targeted services for:  (1) Assessment of juvenile offenders to determine services and programs most likely to provide changed behavior and norms; (2) delivery of services to families, juveniles, and offenders to reduce risk factors associated with the commission of juvenile offenses; (3) prevention of reoffenses; (4) treatment of juvenile offenders whose chemical abuse or dependencies contribute to commission of offenses; (5) increased emphasis on early intervention with offenders when diverted or upon first conviction to reduce the likelihood of recidivism; (6) improvement in the ability of families and juveniles to accept responsibility for their conduct; and (7) treatment of juvenile offenders who have a history of sex offenses.

    The legislature intends funding decisions, made to implement the intent of this act, be based on research and outcome data, and reflect the most cost-efficient analysis likely to achieve these goals.

    Sec. 3.  RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:

    (1) This chapter shall be known and cited as the juvenile justice act ((of 1977)).

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

    (a) Protect the citizenry from criminal behavior;

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

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

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

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

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

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

    (h) Provide for restitution to victims of crime;

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

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

(k) Encourage the active participation of the parents, guardian, or custodian of the juvenile in the juvenile justice process; and

(l) Promote equitable treatment of juveniles and their families without regard to race, ethnicity, gender, creed, or religion.

    Sec. 4.  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;

    (2))) "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

(2) "Community accountability board" means a board comprised of members of the local community in which the juvenile offender resides;

(3) "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))) (4) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125((.  A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses.  As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses.  As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement.  Community supervision is an individualized program comprised of one or more of the following:

    (a) Community-based sanctions;

    (b) Community-based rehabilitation;

    (c) Monitoring and reporting requirements;

    (d) Posting of a probation bond imposed pursuant to RCW 13.40.0357;

    (4) Community-based sanctions may include one or more of the following:

    (a) A fine, not to exceed one hundred dollars;

    (b) Community service not to exceed one hundred fifty hours of service)) or an order granting a deferred disposition under section 20 of this act;

    (5) "Community-based rehabilitation" means one or more of the following:  Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district((.  Placement in community-based rehabilitation programs is subject to available funds));

    (6) (("Monitoring and reporting requirements" means one or more of the following:  Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

    (7))) "Confinement" means physical custody by the department ((of social and health services)) in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county((.  The county may operate or contract with vendors to operate county detention facilities.  The department may operate or contract to operate detention facilities for juveniles committed to the department.  Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court));

    (((8))) (7) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

    (((9))) (8) "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 or disposition shall not be considered part of the respondent's criminal history;

    (((10) "Department" means the department of social and health services;

    (11))) (9) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department, the administrator of the detention facility, or the sentencing judge.

(10) "Detention facility" means a ((county)) facility, including county group homes, inpatient substance abuse programs, and juvenile basic training camps, which are:  (a) Operated or paid for by the county((,)); and (b) utilized for the physical confinement of a juvenile alleged to have committed an offense or ((an adjudicated offender)) convicted of an offense and 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))) (11) "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));

(12) "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;

    (13) "Home detention" has the same meaning as in RCW 9.94A.030;

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

    (((14))) (15) "Intensive supervision program" means a parole program that requires intensive supervision and monitoring, offers an array of individualized treatment and transitional services, and emphasizes community involvement and support in order to reduce the likelihood a juvenile offender will commit further offenses;

(16) "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 criminal court jurisdiction pursuant to RCW 13.04.030;

    (((15))) (17) "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))) (18) "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))) (19) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

    (((18))) (20) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

    (a) Four misdemeanors;

    (b) Two misdemeanors and one gross misdemeanor;

    (c) One misdemeanor and two gross misdemeanors; and

    (d) Three gross misdemeanors.

    For purposes of this definition, current violations shall be counted as misdemeanors;

    (((19))) (21) "Monitoring and reporting requirements" means reporting to and remaining under the authority of the probation officer as directed and to remain under the probation officer's supervision and other conditions or limitations as the court may require which may not include confinement;

(22) "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;

(23) "Probation bond" means:  (a) 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; or (b) a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;

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

    (((21))) (25) "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))) (26) "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;

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

    (((25))) (29) "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))) (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;

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

    (29) "Probation bond" means 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)).

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

    (1) A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses.  As a mandatory condition of any term of community supervision, the court shall order the juvenile to:  (a) Refrain from committing new offenses; and (b) comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement.

    (2) 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 as provided in RCW 13.40.054; and

    (e) Day reporting.

    (3) Community-based sanctions may include one or more of the following:

    (a) Curfews;

    (b) Requirements to remain at home, school, work, or court-ordered treatment programs during specified hours;

    (c) Restrictions from leaving or entering specified geographical areas;

    (d) A fine, not to exceed one hundred dollars; and

    (e) Community service not to exceed one hundred fifty hours of service.

NEW SECTION. Sec. 6.  A new section is added to chapter 13.40 RCW to read as follows:

    Placement in community-based rehabilitation programs is subject to available funds.

NEW SECTION. Sec. 7.  A new section is added to chapter 13.40 RCW to read as follows:

    The superior court, in each judicial district, shall appoint members of the community accountability boards in the district.  The boards shall have at least three and not more than seven members.  The court shall make every effort to provide a variety of representatives from the community, including but not limited to representatives of law enforcement, teaching and education administration, high school students, and business owners.  Each board shall be representative of the communities which it serves.

    Sec. 8.  RCW 13.40.030 and 1996 c 232 s 5 are each amended to read as follows:

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

    (2) The permissible ranges of confinement resulting from a finding of manifest injustice under RCW 13.40.0357 are subject to the following limitations:

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

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

    (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.)) an annual report to the governor and legislature on security at juvenile facilities.  The report shall be submitted by December 15th and include:

(1) Security status definitions;

(2) The number of escapes from each facility;

(3) The number of juveniles who were recaptured while on escape status and the location where each recapture occurred;

(4) The steps taken to reduce escapes;

(5) The length of time each juvenile was on escape status;

(6) The most serious offense for which each juvenile was confined when he or she escaped or was granted leave;

(7) The number and nature of offenses committed by juveniles while on escape status;

(8) The number of leaves granted;

(9) The number of violations of leave conditions;

(10) The number of offenses committed by juveniles while on leave;

(11) The steps taken to reduce offenses and violations while on leave; and

(12) The number and nature of offenses committed by juveniles while in the community on minimum security status.

The secretary shall include in the report a copy of all standard tools used to assess the juveniles committed to the department and shall identify changes in the tools which have been made since the submittal of the report in the preceding year.

    Sec. 9.  RCW 13.40.038 and 1992 c 205 s 105 are each amended to read as follows:

(1) 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.

(2) 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.))

(3) A county may operate, or contract with vendors to operate, a detention facility.

(4) A county may operate a variety of detention facilities as determined by the county legislative authority, subject to available funds.

    Sec. 10.  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 subsection (2) of this section; or

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

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

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

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

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

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

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

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

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

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

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

    (d) The juvenile is a material witness.

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

    (4) A juvenile detained under this section may be released upon posting a probation bond set by the court.  The juvenile's parent or guardian may sign for the probation bond.  A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance.  The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed.  In addition to requiring the juvenile to appear at the next court date, the court may condition the probation bond on the juvenile's compliance with conditions of release.  The juvenile's parent or guardian ((may)) shall 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. 11.  RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:

(1) The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody, abscond from parole supervision, or fail to meet conditions of parole.  ((These arrest warrants shall))

(2) For juveniles who escape from a department residential facility, an arrest warrant authorizes any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement ((in a state juvenile rehabilitation facility)).

(3) For juveniles who abscond from parole supervision or fail to meet a condition of parole, an arrest warrant authorizes any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending action by the department under RCW 13.40.210.

    Sec. 12.  RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows:

    (1) When a juvenile taken into custody is held in detention:

    (a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and

    (b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.

    (2) ((Notice of the detention hearing, stating the time, place, and purpose of the hearing, and stating the right to counsel, shall be given to the parent, guardian, or custodian if such person can be found and shall also be given to the juvenile if over twelve years of age)) (a) The court shall provide a juvenile notice of the detention hearing under this section.  The notice shall include:  (i) The date, time, place, and purpose of the hearing; and (ii) all rights and responsibilities of the juvenile at the detention hearing as provided in this chapter.

(b) The court shall provide a copy of the notice to each parent or guardian who can be found.  The court may include with the notice a requirement that the person or persons notified attend the hearing.  Before the hearing a parent or guardian required to attend may make a request to the court to be excused from the hearing.  The court may grant the request if attending the hearing would be an undue hardship on the person.

    (3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.

    (4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be ((treated as a diversion case under RCW 13.40.080)) diverted as provided in this chapter.  If the case is not properly before the court the juvenile shall be ordered released.

    (5) Notwithstanding a determination that the case is properly before the court and that probable cause exists, a juvenile shall, at the detention hearing, be ordered released on the juvenile's personal recognizance pending further hearing unless the court finds detention is necessary under RCW 13.40.040 ((as now or hereafter amended)).

    (6) If detention is not necessary under RCW 13.40.040, ((as now or hereafter amended,)) the court shall impose ((the most appropriate of the following conditions or, if necessary, any combination)) one or more of the following conditions:

    (a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;

    (b) Place restrictions on the travel of the juvenile during the period of release;

    (c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;

    (d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;

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

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

    (7) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to ((a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080)) further detaining or releasing the juvenile or diverting the case as provided in this chapter.

(8) A parent or guardian who:  (a) Receives notice requiring attendance under subsection (2) of this section; and (b) has not been excused from attending the hearing, may be found in contempt under RCW 7.21.030.

    Sec. 13.  RCW 13.40.054 and 1995 c 395 s 1 are each amended to read as follows:

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

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

    Sec. 14.  RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:

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

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

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

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

    Sec. 15.  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) The statute has not been recently reconsidered by the legislature.

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

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

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

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

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

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

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

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

    (ii) Conviction in the pending prosecution is imminent;

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

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

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

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

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

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

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

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

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

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

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

    Notification

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

    (2) Decision to prosecute.

    STANDARD:

    Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder.  With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under ((RCW 13.40.160(5))) section 26 of this act.

    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, the chemical dependency 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. 16.  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)) diversion unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution.  Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it.  Such agreements shall be entered into as expeditiously as possible.

    (2) A diversion agreement shall be limited to one or more of the following:

    (a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

    (b) Restitution limited to the amount of actual loss incurred by the victim.  The diversion contract must specify the full amount of restitution due even if the juvenile does not have the means or potential to pay the full amount;

    (c) ((Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency)) A requirement to attend, at a community agency:  (i) Counseling sessions; (ii) educational or informational sessions; or (iii) a combination of counseling and educational or informational sessions.  The required attendance shall not exceed one hundred sixty hours.  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)) diversion 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 authorized under this subsection;

    (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)) diversion 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)) extend 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 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.  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)) diversion 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)) diversion 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)) diversion unit may refuse to enter into a diversion agreement with a juvenile.  When a ((diversionary)) diversion 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)) diversion unit shall ((also)) immediately refer ((the)) a case to the prosecuting attorney for action if ((such)) a juvenile violates the terms of the diversion agreement.

    (13) A ((diversionary)) diversion 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)) diversion 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. 17.  RCW 13.40.100 and 1979 c 155 s 62 are each amended to read as follows:

    (1) Upon the filing of an information the alleged offender shall be notified by summons, warrant, or other method approved by the court of the next required court appearance.

    (2) If notice is by summons, the clerk of the court shall issue a summons directed to the juvenile, if the juvenile is twelve or more years of age, and another to the parents, guardian, or custodian, and such other persons as appear to the court to be proper or necessary parties to the proceedings, requiring them to appear personally before the court at the time fixed to hear the petition.  Where the custodian is summoned, the parent or guardian or both shall also be served with a summons.

    (3) A copy of the information shall be attached to each summons.

    (4) The summons shall advise the parties of the right to counsel.

    (5) The judge may endorse upon the summons an order directing the parents, guardian, or custodian having the custody or control of the juvenile to bring the juvenile to the hearing.

    (6) If it appears from affidavit or sworn statement presented to the judge that there is probable cause for the issuance of a warrant of arrest or that the juvenile needs to be taken into custody pursuant to RCW 13.34.050, ((as now or hereafter amended,)) the judge may endorse upon the summons an order that an officer serving the summons shall at once take the juvenile into custody and take the juvenile to the place of detention or shelter designated by the court.

    (7) Service of summons may be made under the direction of the court by any law enforcement officer or probation counselor.

    (8) If the person summoned as ((herein)) provided in this section fails without reasonable cause to appear and abide the order of the court, the person may be proceeded against as for contempt of court.

    Sec. 18.  RCW 13.40.120 and 1981 c 299 s 9 are each amended to read as follows:

    All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court.  The court, if possible, shall hold hearings during nonstandard hours and take such other actions as are necessary to facilitate parental participation.

    Sec. 19.  RCW 13.40.125 and 1995 c 395 s 6 are each amended to read as follows:

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

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

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

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

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

    (a) To a speedy trial and disposition;

    (b) To call and confront witnesses; and

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

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

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

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

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

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

NEW SECTION. Sec. 20.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) A juvenile is eligible for deferred disposition unless he or she:

    (a) Is charged with a sex or violent offense;

    (b) Has a criminal history which includes any felony;

    (c) Has a prior deferred disposition or deferred adjudication; or

    (d) Has two or more diversions.

    (2) The juvenile court may, upon motion at least fourteen days before commencement of trial and, after consulting the juvenile's custodial parent or parents or guardian and with the consent of the juvenile, continue the case for disposition for a period not to exceed one year from the date the juvenile is found guilty.  The court shall consider whether the offender and the community will benefit from a deferred disposition before deferring the disposition.

    (3) Any juvenile who agrees to a deferral of disposition shall:

    (a) Stipulate to the admissibility of the facts contained in the written police report;

    (b) Acknowledge that the report will be entered and used to support a finding of guilt and to impose a disposition if the juvenile fails to comply with terms of supervision; and

    (c) Waive the following rights to:  (i) A speedy disposition; and (ii) call and confront witnesses.

    The adjudicatory hearing shall be limited to a reading of the court's record.

    (4) Following the stipulation, acknowledgment, waiver, and entry of a finding or plea of guilt, the court shall defer entry of an order of disposition of the juvenile.

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

    (6) A parent who signed for a probation bond shall notify the counselor if the juvenile fails to comply with the bond or conditions of supervision.  The counselor shall notify the court and surety of any failure to comply.  A surety shall notify the court of the juvenile's failure to comply with the probation bond.  The state shall bear the burden to prove, by a preponderance of the evidence, that the juvenile has failed to comply with the terms of community supervision.

    (7) A juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court community supervision counselor.  If a juvenile fails to comply with terms of supervision, the court shall enter an order of disposition.

    (8) At any time following deferral of disposition the court may, following a hearing, continue the case for an additional one-year period for good cause.

    (9) At the conclusion of the period set forth in the order of deferral and upon a finding by the court of full compliance with conditions of supervision, the respondent's conviction shall be vacated and the court shall dismiss the case with prejudice.

    Sec. 21.  RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:

    (1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s).  The state or the respondent may make preliminary motions up to the time of the plea.

    (2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing.  If the respondent denies guilt, an adjudicatory hearing date shall be set.  The court shall provide a copy of the notice to each parent or guardian who can be found.  The court may include with the notice a requirement that the person or persons notified attend the hearing.  Before the hearing a parent or guardian required to attend may make a request to the court to be excused from the hearing.  The court may grant the request if attending the hearing would be an undue hardship on the person.

    (3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.

    (4) The court shall record its findings of fact and shall enter its decision upon the record.  Such findings shall set forth the evidence relied upon by the court in reaching its decision.

    (5) If the respondent is found not guilty he or she shall be released from detention.

    (6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing.  Notice of the date, time, purpose, and place of the continued hearing may be given in open court.  If notice is not given in open court to a party, the party and the parent or guardian shall be notified by mail of the date, time, purpose, and place of the continued hearing.

    (7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.

    (8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.

    (9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.

(10) A parent or guardian who:  (a) Receives notice requiring attendance as provided in this section; and (b) has not been excused from attending the hearing, may be found in contempt under RCW 7.21.030.

    Sec. 22.  RCW 13.40.135 and 1990 c 3 s 604 are each amended to read as follows:

    (1) The prosecuting attorney shall file a special allegation of sexual motivation in every juvenile offense other than sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c) when sufficient admissible evidence exists, which, when considered with the most plausible, reasonably consistent defense that could be raised under the evidence, would justify a finding of sexual motivation by a reasonable and objective fact-finder.

    (2) In a juvenile case wherein there has been a special allegation the state shall prove beyond a reasonable doubt that the juvenile committed the offense with a sexual motivation.  The court shall make a finding of fact of whether or not the sexual motivation was present at the time of the commission of the offense.  This finding shall not be applied to sex offenses as defined in RCW 9.94A.030(((29))) (33) (a) or (c).

    (3) The prosecuting attorney shall not withdraw the special allegation of "sexual motivation" without approval of the court through an order of dismissal.  The court shall not dismiss the special allegation unless it finds that such an order is necessary to correct an error in the initial charging decision or unless there are evidentiary problems which make proving the special allegation doubtful.

    Sec. 23.  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 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; and

(viii) The respondent is a sex offender eligible for the special sex offender disposition alternative under section 26 of this act and the court finds that a longer disposition is necessary to provide an incentive to comply with the terms of the disposition.

    (4) The following factors may not be considered in determining the punishment to be imposed:

    (a) The sex of the respondent;

    (b) The race or color of the respondent or the respondent's family;

    (c) The creed or religion of the respondent or the respondent's family;

    (d) The economic or social class of the respondent or the respondent's family; and

    (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

    (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.

NEW SECTION. Sec. 24.  A new section is added to chapter 13.40 RCW to read as follows:

    Before entering a disposition order, the court shall make findings regarding appropriate rehabilitative goals for each offender sentenced to confinement in a state institution.  In making the findings and establishing the goals, the court shall consider:  (1) All information and evidence obtained under RCW 13.40.150; (2) the length of the offender's sentence; (3) the needs of the offender; and (4) the family situation of the offender.

    Sec. 25.  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)) sentence the offender to the department for the standard range ((of disposition)) for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsection((s)) (5) ((and (6))) of this section and sections 26 and 27 of this act.

    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))) section 29 of this act shall be used to determine the range.  A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent.  A disposition within the standard range is not appealable under RCW 13.40.230.

    (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsection((s)) (5) ((and (6))) of this section and section 29 of this act.  If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357.  Except as provided in ((subsection (5) of this)) section 29 of this act, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice.  When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 29 of this act shall be used to determine the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

    Except for disposition of community supervision or a disposition imposed pursuant to ((subsection (5) of this section)) sections 26 and 27 of this act, a disposition may be appealed as provided in RCW 13.40.230 by the state or the respondent.  A disposition of community supervision or a disposition imposed pursuant to ((subsection (5) of this section)) sections 26 and 27 of this act 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 sections 26 and 27 of this act and subsection((s)) (5) ((and (6))) 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) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of ((RCW 13.40.030(2))) section 29 of this act shall be used to determine the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

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

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

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

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

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

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

    (6))) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(((e))) (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)) section 26 or 27 of this act or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.

    (((9))) (8) 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.

NEW SECTION. Sec. 26.  A new section is added to chapter 13.40 RCW to read as follows:

    When a juvenile 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.

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

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

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

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

    (d) Anticipated length of treatment; and

    (e) 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, or if the court concludes, and enters reasons for its conclusion that a disposition within the standard range would effectuate a manifest injustice, the court shall impose a disposition outside the standard range pursuant to RCW 13.40.160(1).

    For either a standard range disposition or a disposition that reflects a finding of manifest injustice, the court may suspend the execution of the disposition and place the offender on community supervision for up to two years.

    (2) 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:

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

    (b) 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;

    (c) 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;

    (d) 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;

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

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

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

    (h) 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 section, 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:  (i) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (ii) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (iii) the evaluation and treatment plan comply with this section 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.

NEW SECTION. Sec. 27.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) A court may impose a chemical dependency disposition alternative.   The court shall impose the standard range for the offense and suspend execution of its imposition.  As a condition of the suspension, the court shall require the offender to undergo available inpatient or outpatient chemical dependency treatment at a chemical dependency treatment facility approved under chapter 70.96A RCW.  The sum of the time spent in confinement and inpatient treatment shall not exceed one hundred days and the court may impose any term of community supervision including:

    (a) Confinement not to exceed thirty days;

    (b) Community service not to exceed one hundred fifty hours;

    (c) Payment of legal financial obligations; and

    (d) Payment of restitution.

    (2) An offender is eligible for the chemical dependency disposition alternative if:

    (a) The offense for which the person was convicted was not a sex offense;

    (b) The offense is at or below seriousness level VIII as set forth in RCW 9.94A.320;

    (c) The court enters a finding that the offense was committed in furtherance of, or as a result of, the chemical dependency; and

    (d) The offender has not received the alternative within three years.

    (3) If the supporting documentation or evidence indicates an offender may be chemically dependent, the court on its own motion or that of any party, may order that an offender be examined by a chemical dependency counselor from a chemical dependency treatment facility to determine whether the offender is chemically dependent and the likelihood of treatment success.  The parties may stipulate to selection of a counselor or facility and, if no stipulation is made the court shall select the counselor or facility.

    (4) The examination shall include, but not be limited to, consideration of:

    (a) The assessment and treatment history of the offender;

    (b) The offender's social, educational, and employment history;

    (c) The official and offender's version of the offense;

    (d) The appropriate nature of proposed treatment;

    (e) An appropriate length of time for the treatment;

    (f) Appropriate living conditions for the offender at any point;

    (g) Necessary crime-related prohibitions;

    (h) Monitoring plans and requirements; and

    (i) The likelihood of success of the proposed treatment.

    (5) Upon receipt of the report of the examination, the court shall determine whether the offender should be ordered into treatment.    The court may, upon receipt of the report, order a second examination of the offender by a different counselor or facility.  The state and offender shall not be responsible for the cost of the second examination.  Before ordering the offender into treatment, the court shall offer the parents of the offender the opportunity to comment on the proposed treatment and shall advise the parents of services and processes available to reconcile or preserve families.  In making its determination, the court shall consider the:

    (a) Risk to the community;

    (b) Likelihood of successful treatment; and

    (c) Impact on any victim of the offense.

    (6) If the court determines the offender should receive the alternative, the court shall order the offender into treatment.  If the standard range for the offense exceeds thirty days, the court shall impose the sentence and suspend its execution.  The court shall impose community supervision for a period of up to two years, including monitoring requirements of any aftercare program.  The court shall require, as a condition of treatment, that regular reports on the success of treatment of the offender be submitted to the court and may require treatment review hearings at its discretion.  

    (7) If at any time during treatment, the court determines the offender is failing to make satisfactory progress in his or her treatment program, the court may suspend treatment and impose confinement of thirty days, with credit for confinement time already served.  When the offender has completed the confinement or, upon an earlier determination by the court that treatment should be resumed, the offender shall be returned to treatment for the remainder of the time available under the alternative.

    (8) Upon completion of treatment, the treatment provider shall provide the court with a report indicating whether treatment has been successful.  If the court determines the treatment was successful, the court shall impose community supervision for a period of up to one year.  If the court determines the treatment was not successful, the court shall impose confinement for any time remaining under the standard range.

    (9) The court may, not later than the end of treatment or confinement, whichever occurs later refer the offender to:

    (a) The department for purposes of determination of whether the offender meets the criteria of a child in need of services under chapter 13.32A RCW; or

    (b) The county designated chemical dependency specialist to determine whether a petition for commitment shall be filed under chapter 70.96A RCW.

NEW SECTION. Sec. 28.  The University of Washington shall develop standards for measuring effectiveness of treatment programs established under section 27 of this act.  The standards shall be developed and presented to the governor and legislature not later than January 1, 1998.  The standards shall include methods for measuring success factors following treatment.  Success factors shall include, but need not be limited to, continued use of alcohol or controlled substances, arrests, violations of terms of community supervision, and convictions for subsequent offenses.

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

    When the court finds a manifest injustice, imposes a sentence of confinement exceeding thirty days, and sets the maximum term, the department shall determine the range subject to the following limitations:

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

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

    (3) When the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.

    Sec. 30.  RCW 13.40.185 and 1994 sp.s. c 7 s 524 are each amended to read as follows:

    (1) Any term of confinement imposed for an offense which exceeds thirty days shall be served under the supervision of the department.  The department may operate, or contract with vendors to operate, facilities for juveniles committed to the department.  If the period of confinement imposed for more than one offense exceeds thirty days but the term imposed for each offense is less than thirty days, the confinement may, in the discretion of the court, be served in a juvenile facility operated by or pursuant to a contract with the state or a county.

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

    Sec. 31.  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 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)) that, under a plea agreement, are not prosecuted.  The payment of restitution shall be in addition to any punishment ((which)) that is imposed ((pursuant to)) under 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 if the court determines that the respondent does not have the means to make full restitution over a shorter period.

(a) Restitution ((may include the costs of counseling reasonably related to the offense)) shall be limited to:  (i) Easily ascertainable damages for injury to property; (ii) actual expenses incurred for medical treatment for physical injury to persons; (iii) lost wages resulting from physical injury; and (iv) costs of the victim's counseling reasonably related to the offense.

(b) Restitution shall not include reimbursement for:  (i) Mental anguish; (ii) pain and suffering; or (iii) other intangible losses.

    If the respondent participated in the crime with another person or other persons, all ((such)) the participants ((shall be)) are 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.  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)) the 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.

(5) Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender.

    Sec. 32.  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 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))) section 29 of this act 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.

NEW SECTION. Sec. 33.  A new section is added to chapter 13.40 RCW to read as follows:

    A juvenile shall be referred to the department for determination of whether:

    (1) He or she is a child in need of services as defined in chapter 13.32A RCW; or

    (2) A petition should be filed under chapter 13.34 RCW, upon any of the following circumstances: 

    (a) The conviction of a juvenile for three misdemeanors or gross misdemeanors or a combination of three misdemeanors and gross misdemeanors;

    (b) The conviction of two felonies;

    (c) A felony committed when he or she was under fifteen years of age; or

    (d) A recommendation of a county probation officer who exercised supervisory authority over the juvenile.

    The referral shall take place before the juvenile's release from confinement or termination of probation, whichever is later, and all information about the juvenile that is in the possession of the government agency that confined the juvenile shall be forwarded to the department except as prohibited by federal law.

    Sec. 34.  RCW 13.40.210 and 1994 sp.s. c 77 s 527 are each amended to read as follows:

    (1) ((The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, set a release or discharge date for each juvenile committed to its custody.  The release or discharge date shall be within the prescribed range to which a juvenile has been committed except as provided in RCW 13.40.320 concerning offenders the department determines are eligible for the juvenile offender basic training camp program.  Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.)) (a) When a juvenile is committed to a term of confinement in a state institution, the secretary shall review the sentencing court's findings and order of the rehabilitative goals to be achieved by the juvenile during the term of confinement.  The department shall provide rehabilitative resources, including but not limited to education, vocational training, substance abuse treatment, and counseling, to assist the juvenile in achieving these rehabilitative goals.

(b) For juveniles committed to a range for which the minimum is one hundred eighty days or longer, the department shall prepare a written progress report after expiration of no less than fifty and no more than sixty percent of the minimum of the juvenile's commitment range.  The progress report shall contain an evaluation of the juvenile's behavior and performance during commitment and shall specifically describe the juvenile's progress toward achieving the designated rehabilitative goals.  The progress report shall be updated before the juvenile is released or discharged.

(c) The secretary, after considering the progress report, shall determine a release or discharge date for the juvenile within the commitment range.  If a substantial change in the juvenile's behavior occurs after the setting of the release or discharge date, the secretary may change the release or discharge date based upon an updated progress report.

(d) For juveniles committed to a range for which the minimum is less than one hundred eighty days, the secretary shall set a release or discharge date within the commitment range.  The release or discharge date shall be set before the expiration of seventy-five percent of the minimum of the juvenile's commitment range.  The department shall prepare a written progress report containing the information specified in (b) of this subsection before the juvenile is released or discharged.

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

(f) The department shall establish by rule standards of good behavior, good performance, and progress toward rehabilitative goals.

(g) 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.

A parole program is mandatory for offenders released under this subsection.

    (3)(a) Following the juvenile's release under subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months and, in the discretion of the secretary, may be up to thirty-six months when the secretary finds that an additional period of parole is necessary and appropriate in the interests of public safety or to meet the ongoing needs of the juvenile.  ((A parole program is mandatory for offenders released under subsection (2) of this section.))

(b) 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))) (i) Undergo available medical ((or)), psychiatric ((treatment)), drug and alcohol, mental health, and other offense-related treatment services; (((b))) (ii) report as directed to a parole officer and/or designee; (((c))) (iii) pursue a course of study ((or)), vocational training, or employment; ((and (d))) (iv) notify the parole officer of the current address where he or she resides; (v) be present at a particular address during specified hours; (vi) remain within prescribed geographical boundaries ((and notify the department of any change in his or her address)); (vii) submit to electronic monitoring; (viii) refrain from using illegal drugs and alcohol, and submit to random urinalysis when requested by the assigned parole officer; and (ix) refrain from contact with specific individuals or a specified class of individuals.

(c) The secretary may further require juvenile offenders who are placed on parole to participate in an intensive supervision program.  The decision to place an offender in an intensive supervision program shall be based on a risk assessment of the juvenile conducted by the department.  Offenders participating in an intensive supervision program shall be required to comply with all terms and conditions listed in (b) of this subsection and shall also be required to comply with the following additional terms and conditions:  (i) Obey all laws and refrain from any conduct that threatens public safety; (ii) report at least once a week to an assigned community case manager; and (iii) meet all other requirements imposed by the community case manager related to participating in the intensive supervision program.  As a part of the intensive supervision program, the secretary may require day reporting.

(d) 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.

NEW SECTION. Sec. 35.  The legislature finds the present system of transitioning youths from residential status to parole status to discharge is insufficient to provide adequate rehabilitation and public safety in many instances.  The legislature further finds that an intensive supervision program based on the following principles holds much promise for positively impacting recidivism rates for juvenile offenders:  (1) Progressive increase in responsibility and freedom in the community; (2) facilitation of youths' interaction and involvement with their communities; (3) involvement of both the youth and targeted community support systems such as family, peers, schools, and employers, on the qualities needed for constructive interaction and successful adjustment with the community; (4) development of new resources, supports, and opportunities where necessary; and (5) ongoing monitoring and testing of youth on their ability to abide by community rules and standards.

    The legislature intends for the department to create an intensive supervision program based on the principles stated in this section that will be available to targeted juvenile offenders placed on parole.

NEW SECTION. Sec. 36.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) The department shall, no later than January 1, 1999, implement an intensive supervision program as a part of its parole services that includes, at a minimum, the following program elements:

    (a) A process of case management involving coordinated and comprehensive planning, information exchange, continuity and consistency, service provision and referral, and monitoring.  The components of the case management system shall include assessment, classification, and selection criteria; individual case planning that incorporates a family and community perspective; a mixture of intensive surveillance and services; a balance of incentives and graduated consequences coupled with the imposition of realistic, enforceable conditions; and service brokerage with community resources and linkage with social networks;

    (b) Administration of transition services that transcend traditional agency boundaries and professional interests and include courts, institutions, aftercare, education, social and mental health services, substance abuse treatment, and employment and vocational training; and

    (c) A plan for information management and program evaluation that maintains close oversight over implementation and quality control, and determines the effectiveness of both the processes and outcomes of the program.

    (2) The department shall report annually to the legislature, beginning December 1, 1999, on the department's progress in meeting the intensive supervision program evaluation goals required under subsection (1)(c) of this section.

    Sec. 37.  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 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 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) 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. 38.  RCW 13.40.265 and 1994 sp.s. c 7 s 435 are each amended to read as follows:

    (1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm or an offense that is a violation of RCW 9.41.040(1)(((e))) (b)(iii) or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

    (b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

    (c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later.  If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

    (2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.

    (b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.

NEW SECTION. Sec. 39.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) This section applies to children who are under the age of twelve at the time they are alleged to have committed an offense.

    (a) In the event a prosecuting attorney is unable to file or elects not to file a criminal charge against a juvenile as a result of the provisions of RCW 9A.04.050, the prosecutor shall forward the name of the juvenile and the alleged facts of the incident to the department.

    (b) In the event a law enforcement officer investigating an alleged offense has reasonable cause to believe the offense was committed by a juvenile under the age of eight, the officer, or the law enforcement agency for which the officer works, shall forward the name of the juvenile and the alleged facts of the incident to the department.

    (2) The department shall, upon receipt of the information under this section, investigate the circumstances of the juvenile to determine whether it is appropriate for the department to file a child in need of services petition under chapter 13.32A RCW or a dependency proceeding under chapter 13.34 RCW.

    (3) The department shall prepare a biennial report to the governor and the legislature on the referrals made under this section.  The report shall include:

    (a) The number of referrals received by the department;

    (b) The number of petitions filed or proceedings initiated as a result of the referrals; and

    (c) The outcome of the petitions or proceedings.

NEW SECTION. Sec. 40.  A new section is added to chapter 2.56 RCW to read as follows:

    Each year, the administrator shall prepare a report on contempt findings under RCW 13.40.050 and 13.40.130.  The report shall be presented to the governor and legislature not later than December 1st.  The report shall include, but not be limited to:  (1) The number of individuals found in contempt; (2) whether any of the persons found in contempt have been previously found in contempt; (3) aggregate data on the type of sanctions imposed for contempt under RCW 13.40.050 and 13.40.130; and (4) how often juveniles in the proceedings in which a contempt was found, or a sibling of the juveniles when known, were brought before the court on additional offenses or proceedings under chapter 13.32A or 13.34 RCW.

    Sec. 41.  RCW 5.60.060 and 1996 c 156 s 1 are each amended to read as follows:

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

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

(b) No parent or guardian of a minor child arrested on a criminal charge may be examined as to a communication between the child and his or her attorney if the communication was made in the presence of the parent or guardian.  This privilege does not extend to communications made prior to the arrest.

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

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

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

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

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

    (6)(a) A peer support group counselor shall not, without consent of the law enforcement officer making the communication, be compelled to testify about any communication made to the counselor by the officer while receiving counseling.  The counselor must be designated as such by the sheriff, police chief, or chief of the Washington state patrol, prior to the incident that results in counseling.  The privilege only applies when the communication was made to the counselor while acting in his or her capacity as a peer support group counselor.  The privilege does not apply if the counselor was an initial responding officer, a witness, or a party to the incident which prompted the delivery of peer support group counseling services to the law enforcement officer.

    (b) For purposes of this section, "peer support group counselor" means a:

    (i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or

    (ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.

    (7) A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate.

    (a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.

    (b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person.  Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action.  In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.

    Sec. 42.  RCW 9.94A.030 and 1996 c 289 s 1 and 1996 c 275 s 5 are each reenacted and amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department of corrections, means that the department is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

    (2) "Commission" means the sentencing guidelines commission.

    (3) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

    (4) "Community custody" means that portion of an inmate's sentence of confinement in lieu of earned early release time or imposed pursuant to RCW 9.94A.120(6), (8), or (10) served in the community subject to controls placed on the inmate's movement and activities by the department of corrections.

    (5) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned early release.  Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

    (6) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

    (7) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524.  For first-time offenders, the supervision may include crime-related prohibitions and other conditions imposed pursuant to RCW 9.94A.120(5).  For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

    (8) "Confinement" means total or partial confinement as defined in this section.

    (9) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

    (10) "Court-ordered legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction.  Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to the provisions in RCW 38.52.430.

    (11) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct.

    (12)(a) "Criminal history" means the list of a defendant's prior convictions, whether in this state, in federal court, or elsewhere.  The history shall include, where known, for each conviction (i) whether the defendant has been placed on probation and the length and terms thereof; and (ii) whether the defendant has been incarcerated and the length of incarceration.

    (b) "Criminal history" shall always include juvenile convictions for sex offenses and serious violent offenses and shall also include a defendant's other prior convictions in juvenile court if:  (i) The conviction was for an offense which is a felony or a serious traffic offense and is criminal history as defined in RCW 13.40.020(((9))); (ii) the defendant was fifteen years of age or older at the time the offense was committed; and (iii) with respect to prior juvenile class B and C felonies or serious traffic offenses, the defendant was less than twenty-three years of age at the time the offense for which he or she is being sentenced was committed.

    (13) "Day fine" means a fine imposed by the sentencing judge that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

    (14) "Day reporting" means a program of enhanced supervision designed to monitor the defendant's daily activities and compliance with sentence conditions, and in which the defendant is required to report daily to a specific location designated by the department or the sentencing judge.

    (15) "Department" means the department of corrections.

    (16) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation.  The fact that an offender through "earned early release" can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

    (17) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of any amount required by law to be withheld.  For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

    (18) "Drug offense" means:

    (a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

    (b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

    (c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

    (19) "Escape" means:

    (a) Escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

    (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

    (20) "Felony traffic offense" means:

    (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

    (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

    (21) "Fines" means the requirement that the offender pay a specific sum of money over a specific period of time to the court.

    (22)(a) "First-time offender" means any person who is convicted of a felony (i) not classified as a violent offense or a sex offense under this chapter, or (ii) that is not the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in schedule I or II that is a narcotic drug, nor the manufacture, delivery, or possession with intent to deliver methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2), nor the selling for profit of any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana, and except as provided in (b) of this subsection, who previously has never been convicted of a felony in this state, federal court, or another state, and who has never participated in a program of deferred prosecution for a felony offense.

    (b) For purposes of (a) of this subsection, a juvenile adjudication for an offense committed before the age of fifteen years is not a previous felony conviction except for adjudications of sex offenses and serious violent offenses.

    (23) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:

    (a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

    (b) Assault in the second degree;

    (c) Assault of a child in the second degree;

    (d) Child molestation in the second degree;

    (e) Controlled substance homicide;

    (f) Extortion in the first degree;

    (g) Incest when committed against a child under age fourteen;

    (h) Indecent liberties;

    (i) Kidnapping in the second degree;

    (j) Leading organized crime;

    (k) Manslaughter in the first degree;

    (l) Manslaughter in the second degree;

    (m) Promoting prostitution in the first degree;

    (n) Rape in the third degree;

    (o) Robbery in the second degree;

    (p) Sexual exploitation;

    (q) Vehicular assault;

    (r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

    (s) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under this section;

    (t) Any other felony with a deadly weapon verdict under RCW 9.94A.125;

    (u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection.

    (24) "Nonviolent offense" means an offense which is not a violent offense.

    (25) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older ((or)).  "Offender" also means a person who is less than eighteen years of age but whose case has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110 or who is under adult criminal court jurisdiction pursuant to RCW 13.04.030.  Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

    (26) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community.  Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention as defined in this section.

    (27) "Persistent offender" is an offender who:

    (a)(i) Has been convicted in this state of any felony considered a most serious offense; and

    (ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.360((; provided that)).  Of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

    (b)(i) Has been convicted of (A) rape in the first degree, rape in the second degree, or indecent liberties by forcible compulsion; (B) murder in the first degree, murder in the second degree, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, or burglary in the first degree, with a finding of sexual motivation; or (C) an attempt to commit any crime listed in this subsection (27)(b)(i); and

    (ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection.

    (28) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

    (29) "Restitution" means the requirement that the offender pay a specific sum of money over a specific period of time to the court as payment of damages.  The sum may include both public and private costs.  The imposition of a restitution order does not preclude civil redress.

    (30) "Serious traffic offense" means:

    (a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

    (b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

    (31) "Serious violent offense" is a subcategory of violent offense and means:

    (a) Murder in the first degree, homicide by abuse, murder in the second degree, assault in the first degree, kidnapping in the first degree, or rape in the first degree, assault of a child in the first degree, or an attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

    (b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

    (32) "Sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

    (33) "Sex offense" means:

    (a) A felony that is a violation of chapter 9A.44 RCW or RCW 9A.64.020 or 9.68A.090 or a felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

    (b) A felony with a finding of sexual motivation under RCW 9.94A.127 or 13.40.135; or

    (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

    (34) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

    (35) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

    (36) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program.  The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

    (37) "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.

    (38) "Violent offense" means:

    (a) Any of the following felonies, as now existing or hereafter amended:  Any felony defined under any law as a class A felony or an attempt to commit a class A felony, criminal solicitation of or criminal conspiracy to commit a class A felony, manslaughter in the first degree, manslaughter in the second degree, indecent liberties if committed by forcible compulsion, kidnapping in the second degree, arson in the second degree, assault in the second degree, assault of a child in the second degree, extortion in the first degree, robbery in the second degree, vehicular assault, and vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

    (b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

    (c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

    (39) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community of not less than thirty-five hours per week that complies with RCW 9.94A.135.  The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed.  The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385.  Only those offenders sentenced to a facility operated or utilized under contract by a county or the state are eligible to participate on a work crew.  Offenders sentenced for a sex offense as defined in subsection (33) of this section are not eligible for the work crew program.

    (40) "Work ethic camp" means an alternative incarceration program designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

    (41) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.  Participation in work release shall be conditioned upon the offender attending work or school at regularly defined hours and abiding by the rules of the work release facility.

    (42) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

    Sec. 43.  RCW 13.04.011 and 1992 c 205 s 119 are each amended to read as follows:

    For purposes of this title:

    (1) "Adjudication" has the same meaning as "conviction" in RCW 9.94A.030 and the terms shall be construed identically and used interchangeably;

(2) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s);

(3) "Custodian" means that person who has the legal right to custody of the child;

(4) "Department" means the department of social and health services;

(5) Except as specifically provided in RCW 13.40.020 and chapter 13.24 RCW, ((as now or hereafter amended,)) "juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years;

    (((2))) (6) "Juvenile offender" and "juvenile offense" have the meaning ascribed in RCW 13.40.020;

    (((3) "Court" when used without further qualification means the juvenile court judge(s) or commissioner(s);

    (4))) (7) "Parent" or "parents," except as used in chapter 13.34 RCW, ((as now or hereafter amended,)) means that parent or parents who have the right of legal custody of the child((.  "Parent" or "parents" as used in chapter 13.34 RCW, means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings;

    (5) "Custodian" means that person who has the legal right to custody of the child));

(8) "Secretary" means the secretary of the department.

    Sec. 44.  RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and amended to read as follows:

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

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

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

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

    (d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;

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

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

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

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

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

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

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

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

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

    (i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.

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

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

(4) A parent, guardian, or custodian who has custody of any juvenile under juvenile court jurisdiction is subject to the jurisdiction of the juvenile court for purposes of enforcing required attendance at juvenile court hearings if the parent, guardian, or custodian is served with a summons.

    Sec. 45.  RCW 13.32A.030 and 1996 c 133 s 9 are each amended to read as follows:

    As used in this chapter the following terms have the meanings indicated unless the context clearly requires otherwise:

    (1) "Administrator" means the individual who has the daily administrative responsibility of a crisis residential center, or his or her designee.

    (2) "At-risk youth" means a juvenile:

    (a) Who is absent from home for at least seventy-two consecutive hours without consent of his or her parent;

    (b) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or any other person; or

    (c) Who has a substance abuse problem for which there are no pending criminal charges related to the substance abuse.

    (3) "Child," "juvenile," and "youth" mean any unemancipated individual who is under the chronological age of eighteen years.

    (4) "Child in need of services" means a juvenile:

    (a) Who is beyond the control of his or her parent such that the child's behavior endangers the health, safety, or welfare of the child or other person;

    (b) Who has been reported to law enforcement as absent without consent for at least twenty-four consecutive hours from the parent's home, a crisis residential center, an out-of-home placement, or a court-ordered placement on two or more separate occasions; and

    (i) Has exhibited a serious substance abuse problem; or

    (ii) Has exhibited behaviors that create a serious risk of harm to the health, safety, or welfare of the child or any other person; or

    (c)(i) Who is in need of necessary services, including food, shelter, health care, clothing, educational, or services designed to maintain or reunite the family;

    (ii) Who lacks access, or has declined, to utilize these services; and

    (iii) Whose parents have evidenced continuing but unsuccessful efforts to maintain the family structure or are unable or unwilling to continue efforts to maintain the family structure.

    (5) "Child in need of services petition" means a petition filed in juvenile court by a parent, child, or the department seeking ((adjudication of)) placement of the child.

    (6) "Crisis residential center" means a secure or semi-secure facility established pursuant to chapter 74.13 RCW.

    (7) "Custodian" means the person or entity who has the legal right to the custody of the child.

    (8) (("Department" means the department of social and health services.

    (9))) "Extended family member" means an adult who is a grandparent, brother, sister, stepbrother, stepsister, uncle, aunt, or first cousin with whom the child has a relationship and is comfortable, and who is willing and available to care for the child.

    (((10))) (9) "Guardian" means that person or agency that (a) has been appointed as the guardian of a child in a legal proceeding other than a proceeding under chapter 13.34 RCW, and (b) has the right to legal custody of the child pursuant to such appointment.  The term "guardian" does not include a "dependency guardian" appointed pursuant to a proceeding under chapter 13.34 RCW.

    (((11))) (10) "Multidisciplinary team" means a group formed to provide assistance and support to a child who is an at-risk youth or a child in need of services and his or her parent.  The team shall include the parent, a department case worker, a local government representative when authorized by the local government, and when appropriate, members from the mental health and substance abuse disciplines.  The team may also include, but is not limited to, the following persons:  Educators, law enforcement personnel, probation officers, employers, church persons, tribal members, therapists, medical personnel, social service providers, placement providers, and extended family members.  The team members shall be volunteers who do not receive compensation while acting in a capacity as a team member, unless the member's employer chooses to provide compensation or the member is a state employee.

    (((12))) (11) "Out-of-home placement" means a placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (((13))) (12) "Parent" means the parent or parents who have the legal right to custody of the child.  "Parent" includes custodian or guardian.

    (((14))) (13) "Secure facility" means a crisis residential center, or portion thereof, that has locking doors, locking windows, or a secured perimeter, designed and operated to prevent a child from leaving without permission of the facility staff.

    (((15))) (14) "Semi-secure facility" means any facility, including but not limited to crisis residential centers or specialized foster family homes, operated in a manner to reasonably assure that youth placed there will not run away.  Pursuant to rules established by the department, the facility administrator shall establish reasonable hours for residents to come and go from the facility such that no residents are free to come and go at all hours of the day and night.  To prevent residents from taking unreasonable actions, the facility administrator, where appropriate, may condition a resident's leaving the facility upon the resident being accompanied by the administrator or the administrator's designee and the resident may be required to notify the administrator or the administrator's designee of any intent to leave, his or her intended destination, and the probable time of his or her return to the center.

    (((16))) (15) "Temporary out-of-home placement" means an out-of-home placement of not more than fourteen days ordered by the court at a fact-finding hearing on a child in need of services petition.

    Sec. 46.  RCW 13.32A.140 and 1996 c 133 s 19 are each amended to read as follows:

    Unless the department files a dependency petition, the department shall file a child in need of services petition to approve an out-of-home placement on behalf of a child under any of the following sets of circumstances:

    (1) The child has been admitted to a crisis residential center or has been placed by the department in an out-of-home placement, and:

    (a) The parent has been notified that the child was so admitted or placed;

    (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

    (c) No agreement between the parent and the child as to where the child shall live has been reached;

    (d) No child in need of services petition has been filed by either the child or parent;

    (e) The parent has not filed an at-risk youth petition; and

    (f) The child has no suitable place to live other than the home of his or her parent.

    (2) The child has been admitted to a crisis residential center and:

    (a) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such placement;

    (b) The staff, after searching with due diligence, have been unable to contact the parent of such child; and

    (c) The child has no suitable place to live other than the home of his or her parent.

    (3) An agreement between parent and child made pursuant to RCW 13.32A.090(2)(e) or pursuant to RCW 13.32A.120(1) is no longer acceptable to parent or child, and:

    (a) The party to whom the arrangement is no longer acceptable has so notified the department;

    (b) Seventy-two hours, including Saturdays, Sundays, and holidays, have passed since such notification;

    (c) No new agreement between parent and child as to where the child shall live has been reached;

    (d) No child in need of services petition has been filed by either the child or the parent;

    (e) The parent has not filed an at-risk youth petition; and

    (f) The child has no suitable place to live other than the home of his or her parent.

(4) A referral to the department has been made under section 33 or 39 of this act and the department reasonably concludes the child is a child in need of services.

(5) Under the circumstances of subsections (1), (2), or (3) of this section, the child shall remain in an out-of-home placement until a child in need of services petition filed by the department on behalf of the child is reviewed by the juvenile court and is resolved by the court.

(6) The department may authorize emergency medical or dental care for a child admitted to a crisis residential center or placed in an out-of-home placement by the department.  The state, when the department files a child in need of services petition under this section, shall be represented as provided for in RCW 13.04.093.

    Sec. 47.  RCW 13.32A.191 and 1995 c 312 s 25 are each amended to read as follows:

    (1) A child's parent may file with the juvenile court a petition in the interest of a child alleged to be an at-risk youth.  The department shall, when requested, assist the parent in filing the petition.  The petition shall be filed in the county where the petitioner resides.  The petition shall set forth the name, age, and residence of the child and the names and residence of the child's parents and shall allege that:

    (a) The child is an at-risk youth as defined in this chapter;

    (b) The petitioner has the right to legal custody of the child;

    (c) Court intervention and supervision are necessary to assist the parent to maintain the care, custody, and control of the child; and

    (d) Alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.

    (2) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter.  The petition need not specify any proposed disposition following ((adjudication of)) action on the petition.  The filing of an at-risk youth petition is not dependent upon the court's having obtained any prior jurisdiction over the child or his or her parent and confers upon the court the special jurisdiction to assist the parent in maintaining parental authority and responsibility for the child.

    (3) A petition may not be filed if a dependency petition is pending under chapter 13.34 RCW.

    Sec. 48.  RCW 13.32A.196 and 1995 c 312 s 28 are each amended to read as follows:

    (1) At the dispositional hearing ((regarding an adjudicated)) for an at-risk youth, the court shall consider the recommendations of the parties and the recommendations of any dispositional plan submitted by the department.  The court may enter a dispositional order that will assist the parent in maintaining the care, custody, and control of the child and assist the family to resolve family conflicts or problems.

    (2) The court may set conditions of supervision for the child that include:

    (a) Regular school attendance;

    (b) Counseling;

    (c) Participation in a substance abuse or mental health outpatient treatment program;

    (d) Reporting on a regular basis to the department or any other designated person or agency; and

    (e) Any other condition the court deems an appropriate condition of supervision including but not limited to:  Employment, participation in an anger management program, and refraining from using alcohol or drugs.

    (3) No dispositional order or condition of supervision ordered by a court pursuant to this section shall include involuntary commitment of a child for substance abuse or mental health treatment.

    (4) The court may order the parent to participate in counseling services or any other services for the child requiring parental participation.  The parent shall cooperate with the court-ordered case plan and shall take necessary steps to help implement the case plan.  The parent shall be financially responsible for costs related to the court-ordered plan; however, this requirement shall not affect the eligibility of the parent or child for public assistance or other benefits to which the parent or child may otherwise be entitled.

    (5) The parent may request dismissal of an at-risk youth proceeding or out-of-home placement at any time and upon such a request, the court shall dismiss the matter and cease court supervision of the child unless:  (a) A contempt action is pending in the case; (b) a petition has been filed under RCW 13.32A.150 and a hearing has not yet been held under RCW 13.32A.179; or (c) an order has been entered under RCW 13.32A.179(3) and the court retains jurisdiction under that subsection.  The court may retain jurisdiction over the matter for the purpose of concluding any pending contempt proceedings, including the full satisfaction of any penalties imposed as a result of a contempt finding.

    (6) The court may order the department to monitor compliance with the dispositional order, assist in coordinating the provision of court-ordered services, and submit reports at subsequent review hearings regarding the status of the case.

    Sec. 49.  RCW 13.32A.198 and 1990 c 276 s 15 are each amended to read as follows:

    (1) Upon making a disposition ((regarding an adjudicated)) for an at-risk youth, the court shall schedule the matter on the calendar for review within three months, advise the parties of the date thereof, appoint legal counsel for the child, advise the parent of the right to be represented by legal counsel at the review hearing at the parent's own expense, and notify the parties of their rights to present evidence at the hearing.

    (2) At the review hearing, the court shall approve or disapprove the continuation of court supervision in accordance with the goal of assisting the parent to maintain the care, custody, and control of the child.  The court shall determine whether the parent and child are complying with the dispositional plan.  If court supervision is continued, the court may modify the dispositional plan.

    (3) Court supervision of the child may not be continued past one hundred eighty days from the day the review hearing commenced unless the court finds, and the parent agrees, that there are compelling reasons for an extension of supervision.  Any extension granted pursuant to this subsection shall not exceed ninety days.

    (4) The court may dismiss an at-risk youth proceeding at any time if the court finds good cause to believe that continuation of court supervision would serve no useful purpose or that the parent is not cooperating with the court-ordered case plan.  The court shall dismiss an at-risk youth proceeding if the child is the subject of a proceeding under chapter 13.34 RCW.

    Sec. 50.  RCW 13.34.030 and 1995 c 311 s 23 are each amended to read as follows:

    For purposes of this chapter:

    (1) "Child" and "juvenile" means any individual under the age of eighteen years.

    (2) "Current placement episode" means the period of time that begins with the most recent date that the child was removed from the home of the parent, guardian, or legal custodian for purposes of placement in out-of-home care and continues until the child returns home, an adoption decree or guardianship order is entered, or the dependency is dismissed, whichever occurs soonest.  If the most recent date of removal occurred prior to the filing of a dependency petition under this chapter or after filing but prior to entry of a disposition order, such time periods shall be included when calculating the length of a child's current placement episode.

    (3) "Dependency guardian" means the person, nonprofit corporation, or Indian tribe appointed by the court pursuant to RCW 13.34.232 for the limited purpose of assisting the court in the supervision of the dependency.

    (4) "Dependent child" means any child:

    (a) Who has been abandoned; that is, where the child's parent, guardian, or other custodian has expressed either by statement or conduct, an intent to forego, for an extended period, parental rights or parental responsibilities despite an ability to do so.  If the court finds that the petitioner has exercised due diligence in attempting to locate the parent, no contact between the child and the child's parent, guardian, or other custodian for a period of three months creates a rebuttable presumption of abandonment, even if there is no expressed intent to abandon;

    (b) Who is abused or neglected as defined in chapter 26.44 RCW by a person legally responsible for the care of the child;

    (c) Who has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development; or

    (d) Who has a developmental disability, as defined in RCW 71A.10.020 and whose parent, guardian, or legal custodian together with the department determines that services appropriate to the child's needs can not be provided in the home.  However, (a), (b), and (c) of this subsection may still be applied if other reasons for removal of the child from the home exist.

    (5) "Guardian" means the person or agency that:  (a) Has been appointed as the guardian of a child in a legal proceeding other than a proceeding under this chapter; and (b) has the legal right to custody of the child pursuant to such appointment.  The term "guardian" shall not include a "dependency guardian" appointed pursuant to a proceeding under this chapter.

    (6) "Guardian ad litem" means a person, appointed by the court to represent the best interest of a child in a proceeding under this chapter, or in any matter which may be consolidated with a proceeding under this chapter.  A "court-appointed special advocate" appointed by the court to be the guardian ad litem for the child, or to perform substantially the same duties and functions as a guardian ad litem, shall be deemed to be guardian ad litem for all purposes and uses of this chapter.

    (7) "Guardian ad litem program" means a court-authorized volunteer program, which is or may be established by the superior court of the county in which such proceeding is filed, to manage all aspects of volunteer guardian ad litem representation for children alleged or found to be dependent.  Such management shall include but is not limited to:  Recruitment, screening, training, supervision, assignment, and discharge of volunteers.

    (8) "Out-of-home care" means placement in a foster family home or group care facility licensed pursuant to chapter 74.15 RCW or placement in a home, other than that of the child's parent, guardian, or legal custodian, not required to be licensed pursuant to chapter 74.15 RCW.

    (9) "Parent" or "parents" means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings.

(10) "Preventive services" means preservation services, as defined in chapter 74.14C RCW, and other reasonably available services capable of preventing the need for out-of-home placement while protecting the child.

    Sec. 51.  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 subsection (24) 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;

(d) The person making the motion is not under an obligation to register as a sex offender under chapter 9A.44 RCW; and

(e) Treatment has been successfully completed if the person was ordered into treatment under section 27 of this act.

    (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)(a) Any adjudication of a juvenile offense or a crime subsequent to sealing has the effect of nullifying the sealing order.

(b) 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, a violent offense as defined in RCW 9.94A.030, or a sex offense as defined in RCW 9.94A.030.

(c) The existence of an obligation to register as a sex offender under chapter 9A.44 RCW regardless of when the obligation arose, or any adjudication of a juvenile offense or a conviction of a crime that creates the obligation to register as a sex offender under chapter 9A.44 RCW subsequent to sealing, has the effect of nullifying the sealing order.

    (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 subsection (24) 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 subsection (24) 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 has attained twenty-three years of age or older, or 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.

    Sec. 52.  RCW 13.70.010 and 1991 c 127 s 3 are each amended to read as follows:

    Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Board" means the local citizen review board established pursuant to this chapter.

    (2) "Child" means a person less than eighteen years of age.

    (3) "Committee" means a local Indian child welfare advisory committee established pursuant to WAC 388‑70‑610, as now existing or hereafter amended by the department.

    (4) "Conflict of interest" means that a person appointed to a board has a personal or pecuniary interest in a case being reviewed by that board.

    (5) "Court" means the juvenile court.

    (6) "Custodian" means that person who has legal custody of the child.

    (7) (("Department" means the department of social and health services.

    (8))) "Mature child" means a child who is able to understand and participate in the decision-making process without excessive anxiety or fear.  A child twelve years old or over shall be rebuttably presumed to be a mature child.

    (((9))) (8) "Parent" or "parents" means the biological or adoptive parents of a child unless the legal rights of that person have been terminated by judicial proceedings.

    (((10))) (9) "Placement episode" means the period of time that begins with the date the child was removed from the home of the parent or legal custodian for the purposes of placement in substitute care and continues until the child returns home or an adoption decree or guardianship order is entered.

    (((11))) (10) "Records" means any information in written form, pictures, photographs, charts, graphs, recordings, or documents pertaining to a case.

    (((12))) (11) "Resides" or "residence," when used in reference to the residence of a child, means the place where the child is actually living and not the legal residence or domicile of the parent or guardian.

    (((13))) (12) "Substitute care" means an out-of-home placement of a child for purposes related to the provision of child welfare services in accordance with chapter 74.13 RCW where the child is in the care, custody, and control of the department pursuant to a proceeding under chapter 13.34 RCW or pursuant to the written consent of the child's parent or parents or custodian.

    Sec. 53.  RCW 13.80.020 and 1994 c 152 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definition((s)) in this section ((apply)) applies throughout this chapter.

    (((1))) "Court-involved youth" means those youth under the age of twenty-one who, within the past twenty-four months:

    (((a))) (1) Have served a court-imposed sentence;

    (((b))) (2) Are or have been on probation or parole; or

    (((c))) (3) Are involved in a legal proceeding in which the youth may be found to have committed a criminal or juvenile offense and are not participating in a diversion agreement under RCW 13.40.080.

    (((2) "Department" means the department of social and health services.))

    Sec. 54.  RCW 43.43.735 and 1991 c 3 s 297 are each amended to read as follows:

    (1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state, to cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for the commission of any criminal offense constituting a felony or gross misdemeanor.  (((a) When such juveniles are brought directly to a juvenile detention facility, the juvenile court administrator is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency; and (b) a further)) An exception may be made when the arrest is for a violation punishable as a gross misdemeanor and the arrested person is not taken into custody.

    (2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all adults lawfully arrested, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information.

    (3) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons whose photograph and fingerprints are required or allowed to be taken under this section, all persons who are the subject of dependency record information, or all persons who are the subject of protection proceeding record information, when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he is charged.

    (4) It shall be the duty of the department of health or the court having jurisdiction over the dependency action and protection proceedings under chapter 74.34 RCW to cause the fingerprinting of all persons who are the subject of a disciplinary board final decision, dependency record information, protection proceeding record information, or to obtain other necessary identifying information, as specified by the section in rules adopted under chapter 34.05 RCW to carry out the provisions of this subsection.

    (5) The court having jurisdiction over the dependency or protection proceeding action may obtain and record, in addition to fingerprints, the photographs, palmprints, soleprints, toeprints, or any other identification data of all persons who are the subject of dependency record information or protection proceeding record information, when in the discretion of the court it is necessary for proper identification of the person.

NEW SECTION. Sec. 55.  A new section is added to chapter 2.08 RCW to read as follows:

    (1) The legislature intends to encourage the superior courts of the state to modify the operation of the juvenile court to allow family members to participate in the proceedings involving juveniles.  By encouraging superior courts to shift hours of operation, including evenings and weekends, to facilitate family participation, it is not the intent of the legislature to increase the cost of court operations.

    (2) After the effective date of this section, the statutory authorization of additional judicial positions under this chapter for any county or judicial district shall not take effect unless the county legislative authority has approved and submitted to the administrator for the courts a plan, including an implementation schedule, to allow operation of the juvenile court during evening and weekend hours.

    (3) No county with a population greater than two hundred thousand, and no county in a judicial district with a population greater than two hundred thousand shall issue any bonds, notes, or other evidences of indebtedness for the construction, improvement, or expansion of superior court facilities unless the county legislative authority has approved and submitted to the administrator for the courts a plan, including an implementation schedule, to allow operation of the juvenile court during evening and weekend hours.

NEW SECTION. Sec. 56.  A new section is added to chapter 36.67 RCW to read as follows:

    A county's issuance of bonds, notes, or other evidences of indebtedness for the construction, improvement, or expansion of superior court facilities is subject to the conditions prescribed under section 55 of this act.

NEW SECTION. Sec. 57.  A new section is added to chapter 70.96A RCW to read as follows:

    The department shall prioritize expenditures for treatment provided under section 27 of this act.  The department shall provide funds for inpatient and outpatient treatment providers that are the most successful, using the standards developed by the University of Washington under section 28, chapter . . ., Laws of 1997 (section 28 of this act).  The department may consider variations between the nature of the programs provided and clients served but must provide funds first for those programs that demonstrate the greatest success in treatment within categories of treatment and the nature of the persons receiving treatment.

    The department shall, not later than January 1st of each year, provide a report to the governor and the legislature on the success rates of programs funded under this section.

NEW SECTION. Sec. 58.  The sentencing guidelines commission shall review conviction data for the past ten years.  The commission shall submit a proposed bill to the legislature for introduction in the 1998 legislative session that appropriately ranks all unranked felony offenses for which there have been convictions for the period studied.

NEW SECTION. Sec. 59.  (1) The juvenile justice reform implementation task force, referred to in this section as the "task force" is created.

    (2) The task force shall prepare and submit to the governor and the legislature, not later than December 15, 1997, a plan to accomplish a reduction in the rate of recidivism of juvenile offenders consistent with the purposes identified in section 2 of this act.  The plan shall examine juvenile offender intervention and service delivery programs and include recommendations on the following:  (a) Those programs that should be expanded, created, or revised to implement this act; (b) the level of funding required for effective implementation of the recommended programs; and (c) the relative priority of the recommended programs.  The prioritization shall be based on the task force's assessment of the need for and cost-effectiveness of the recommended programs.  The plan shall also include a proposal for evaluation of the outcomes of the recommended programs and for those programs covered by section 61 of this act.

    (3) The task force shall consist of seventeen members including one representative from each of the following interests:  Superior court judges; counties; cities; prosecuting attorneys; criminal defense attorneys; juvenile rehabilitation administration; division of alcohol and substance abuse; division of mental health; division of children and family services; attorney general; employment security; K-12 education; crime victim advocacy; office of financial management; the department of health; and two members of the public.  The governor shall appoint the membership and the first meeting shall occur not later than July 1, 1997.  The task force shall cease to exist June 30, 1998.

    (4) The task force and the community networks, established under chapter 70.190 RCW, shall collaborate on recommendations to the legislature and governor on services designed to prevent juvenile violence.  The networks and task force shall meet to prepare recommendations to reduce the risk factors associated with youth violence.  The recommendations shall be included in the task force's plan and shall not be inconsistent with approved network plans.

    (5) The joint legislative juvenile justice oversight committee,  referred to in this section as the "oversight committee" is created.

    (6) There shall be twelve members on the oversight committee.  Six members shall be appointed by the president of the senate and six shall be appointed by the speaker of the house of representatives.  Three members appointed by the president of the senate shall be from the majority caucus, and three members shall be from the minority caucus in the senate.  Three members appointed by the speaker of the house of representatives shall be from the majority caucus, and three members shall be from the minority caucus in the house of representatives.  The oversight committee shall cease to exist June 30, 1998.

    (7) Members of the task force shall be reimbursed for expenses as provided in RCW 43.03.050 and 43.03.060 and shall serve without compensation.

    (8) Members of the oversight committee are eligible for reimbursement under RCW 44.04.120.

    (9) The task force shall meet at least monthly, select its officers, and may establish its rules of operation.  Task force meetings are subject to the open public meetings act under chapter 42.30 RCW.

    (10) The task force shall report to the oversight committee at least once every sixty days and may meet at times and locations it determines appropriate.

NEW SECTION. Sec. 60.  A new section is added to chapter 43.330 RCW to read as follows:

    (1) A grant program to provide funds to local governments for the provision of community-based volunteer mentoring programs for juvenile offenders is created in the department.

    (2) The department shall adopt funding criteria and program guidelines for the mentoring programs.  The criteria and guidelines shall be developed in consultation with the department of social and health services and the task force created in section 59 of this act.

    (3) The funding criteria shall: (a) Give priority to local governments that have a community public health and safety network within their jurisdiction that has identified youth violence as a problem behavior; (b) include a requirement of a twenty-five percent match by the local government, which may be met with the provision of in-kind services; and (c) require the local government to contract for the mentoring services with one or more private, nonprofit agencies.

    (4) The guidelines shall include, at a minimum, the following:

    (a) Minimum qualifications and background screening for volunteer mentors and case managers.  Programs should encourage recruitment of volunteers who have prior education, professional experience, or personal experience in working with at-risk or adjudicated youth;

    (b) Appropriate orientation and training;

    (c) A commitment to provide an average of four hours of contact with the youth per week for a period of at least twelve consecutive months;

    (d) Reimbursement rates and procedures.  Volunteer mentors may be reimbursed for expenses consistent with the reimbursement policies established in RCW 43.03.050 and 43.03.060;

    (e) Services to youth who are between ages twelve and fifteen years of age at the time of entry into the program, who have at least:  (i) Two convictions or diversions for misdemeanor or gross misdemeanor offenses, or any combination thereof; (ii) one conviction for a felony offense; or (iii) one conviction or diversion and have been evaluated and referred by a probation officer who has determined the youth is at high risk of reoffending;

    (f) One-to-one ratio for mentors and juvenile offenders; and

    (g) Will collect and transmit to the department data as required under section 61 (3) and (4) of this act.

    (5) The program shall begin no later than January 1, 1998.

NEW SECTION. Sec. 61.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) Each juvenile offender intervention or service delivery program meeting the criteria in subsection (2) of this section shall comply with the information collection requirements in subsection (3) of this section and the reporting requirements in subsection (4) of this section.

    (2) The juvenile offender intervention or service delivery program:  (a) Receives fifty thousand dollars or more per year in state or federal funds; (b) serves more than thirty juvenile offenders per year; (c) serves participating juvenile offenders for at least twelve weeks; and (d) is intended, as a part of its core mission, to reduce the recidivism rate of the participating juvenile offenders.

    (3) The information collected by each juvenile offender intervention or service delivery program shall include, at a minimum:  (a) The name, date of birth, gender, social security number, and the juvenile information system (JUVIS) control number of each juvenile selected for participation in the program; (b) an initial intake assessment of each juvenile participating in the program; (c) a list of all juveniles who were terminated from the program before completion; (d) a list of all juveniles who completed the program; and (e) an assessment upon completion or termination of each juvenile, including outcomes and, where applicable, reasons for termination.

    (4) Each juvenile offender intervention or service delivery program shall submit annually to the office of financial management, in a form approved in advance by the office of financial management, a report containing the following:  (a) The total program cost and cost per juvenile; (b) the essential elements of the program; and (c) the information specified in subsection (3) of this section.

NEW SECTION. Sec. 62.  The legislature finds that it is necessary to improve the analysis, evaluation, and forecasting of sentencing and treatment alternatives for adult and juvenile offenders.

    In order to establish a universally accepted measuring tool for use in making informed corrections and public safety policy decisions in the adult and juvenile corrections systems, the Washington state institute for public policy shall develop a proposed definition of recidivism.  The institute's definition shall provide the legislature and the governor with an objective, outcome-based standard for measuring the success of programs in increasing public safety and reducing subsequent offenses by convicted persons.

    The definition shall be reported to the governor and the legislature by December 31, 1997.

NEW SECTION. Sec. 63.  RCW 13.40.025 and 1996 c 232 s 4, 1995 c 269 s 302, 1986 c 288 s 8, 1984 c 287 s 11, & 1981 c 299 s 3 are each repealed.

NEW SECTION. Sec. 64.  Sections 4, 16, 23, 25, and 31 of this act apply only to offenses committed on or after the effective date of this section.

NEW SECTION. Sec. 65.  Sections 1 through 54, 57 through 64, 67, and 68 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997.

NEW SECTION. Sec. 66.  Sections 55 and 56 of this act take effect January 1, 1998.

NEW SECTION. Sec. 67.  The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of community, trade, and economic development to assist counties in planning for capital needs associated with this act.

NEW SECTION. Sec. 68.  The sum of three hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the office of financial management for the purposes of operating and supporting the task force in section 59 of this act.

NEW SECTION. Sec. 69.  (1) The sum of two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the family policy council for the purposes of section 59(4) of this act.

    (2) The sum of two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the family policy council for the purposes of section 59(4) of this act.

NEW SECTION. Sec. 70.  (1) The sum of seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1998, from the general fund to the department of community, trade, and economic development for the purposes of implementing community-based mentoring programs as described in section 60 of this act.

    (2) The sum of one hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of community, trade, and economic development for the purposes of implementing community-based mentoring programs as described in section 60 of this act.

NEW SECTION. Sec. 71.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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