AN
ACT Relating to authorizing the participation of youth as decision makers in
dispositions of minor offenses and rules violations; amending RCW 13.40.020,
13.40.080, 9.94A.850, 13.40.250, and 46.63.040; adding new sections to chapter
13.40 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to
chapter 28A.320 RCW; and adding a new chapter to Title 3 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Court" when used without further qualification means the district
court under chapter 3.30 RCW, the municipal department under chapter 3.46 RCW,
or the municipal court under chapter 3.50 or 35.20 RCW.
(2)
"Traffic infraction" means those acts defined as traffic infractions
by RCW 46.63.020.
(3)
"Youth court" means an alternative method of hearing and disposing of
traffic infractions for juveniles age sixteen or seventeen.
NEW
SECTION. Sec. 2. (1) A
court created under chapter 3.30, 3.46, 3.50, or 35.20 RCW may create a youth
court. The youth court shall have jurisdiction over traffic infractions
alleged to have been committed by juveniles age sixteen or seventeen. The
court may refer a juvenile to the youth court upon request of any party or upon
its own motion. However, a juvenile shall not be required under this section
to have his or her traffic infraction referred to or disposed of by a youth
court.
(2)
To be referred to a youth court, a juvenile:
(a)
May not have had a prior traffic infraction referred to a youth court;
(b)
May not be under the jurisdiction of any court for a violation of any provision
of Title 46 RCW;
(c)
May not have any convictions for a violation of any provision of Title 46 RCW;
and
(d)
Must acknowledge that there is a high likelihood that he or she would be found
to have committed the traffic infraction.
NEW
SECTION. Sec. 3. (1) A
youth court agreement shall be a contract between a juvenile accused of a
traffic infraction and a court whereby the juvenile agrees to fulfill certain
conditions imposed by a youth court in lieu of a determination that a traffic
infraction occurred. Such agreements may be entered into only after the law
enforcement authority has determined that probable cause exists to believe that
a traffic infraction has been committed and that the juvenile committed it. A
youth court agreement shall be reduced to writing and signed by the court and
the youth accepting the terms of the agreement. Such agreements shall be
entered into as expeditiously as possible.
(2)
Conditions imposed on a juvenile by a youth court 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)
Attendance at defensive driving school or driver improvement education classes
or, in the discretion of the court, a like means of fulfilling this condition.
The state shall not be liable for costs resulting from the youth court or the
conditions imposed upon the juvenile by the youth court;
(c)
A monetary penalty, not to exceed one hundred dollars. All monetary penalties
assessed and collected under this section shall be deposited and distributed in
the same manner as costs, fines, forfeitures, and penalties are assessed and
collected under RCW 2.68.040, 3.46.120, 3.50.100, 3.62.020, 3.62.040,
35.20.220, and 46.63.110(6), regardless of the juvenile's successful or
unsuccessful completion of the youth court agreement;
(d)
Requirements to remain during specified hours at home, school, or work, and
restrictions on leaving or entering specified geographical areas;
(e)
Participating in law-related education classes;
(f)
Providing periodic reports to the youth court or the court;
(g)
Participating in mentoring programs;
(h)
Serving as a participant in future youth court proceedings;
(i)
Writing apology letters; or
(j)
Writing essays.
(3)
Youth courts may require that the youth pay any costs associated with
conditions imposed upon the youth by the youth court.
(a)
A youth court disposition shall be completed within one hundred eighty days
from the date of referral.
(b)
The court, as specified in section 2 of this act, shall monitor the successful
or unsuccessful completion of the disposition.
(4)
A youth court agreement may extend beyond the eighteenth birthday of the youth.
(5)
Any juvenile who is, or may be, referred to a youth court shall be afforded due
process in all contacts with the youth court regardless of whether the juvenile
is accepted by the youth court or whether the youth court program is
successfully completed. Such due process shall include, but not be limited to,
the following:
(a)
A written agreement shall be executed stating all conditions in clearly
understandable language and the action that will be taken by the court upon
successful or unsuccessful completion of the agreement;
(b)
Violation of the terms of the agreement shall be the only grounds for
termination.
(6)
The youth court shall, subject to available funds, be responsible for providing
interpreters when juveniles need interpreters to effectively communicate during
youth court hearings or negotiations.
(7)
The court shall be responsible for advising a juvenile of his or her rights as
provided in this chapter.
(8)
When a juvenile enters into a youth court agreement, the court may receive only
the following information for dispositional purposes:
(a)
The fact that a traffic infraction was alleged to have been committed;
(b)
The fact that a youth court agreement was entered into;
(c)
The juvenile's obligations under such agreement;
(d)
Whether the juvenile performed his or her obligations under such agreement; and
(e)
The facts of the alleged traffic infraction.
(9)
A court may refuse to enter into a youth court agreement with a juvenile. When
a court refuses to enter a youth court agreement with a juvenile, it shall set
the matter for hearing in accordance with all applicable court rules and
statutory provisions governing the hearing and disposition of traffic
infractions.
(10)
If a monetary penalty required by a youth court agreement cannot reasonably be
paid due to a lack of financial resources of the youth, the court may convert
any or all of the monetary penalty into community service. The modification of
the youth court agreement shall be in writing and signed by the juvenile and
the court. 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.
NEW
SECTION. Sec. 4. Youth
courts provide a disposition method for cases involving juveniles alleged to
have committed traffic infractions, in which participants, under the
supervision of the court, may serve in various capacities within the youth
court, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.
Youth courts have no jurisdiction except as provided for in this chapter.
Youth courts are not courts established under Article IV of the state
Constitution.
NEW
SECTION. Sec. 5. The
administrative office of the courts shall encourage the courts to work with
cities, counties, and schools to implement, expand, or use youth court programs
for juveniles who commit traffic infractions. Program operations of youth
court programs may be funded by government and private grants. Youth court
programs are limited to those that:
(1)
Are developed using the guidelines for creating and operating youth court
programs developed by nationally recognized experts in youth court projects;
(2)
Target youth ages sixteen and seventeen who are alleged to have committed a
traffic infraction; and
(3)
Emphasize the following principles:
(a)
Youth must be held accountable for their problem behavior;
(b)
Youth must be educated about the impact their actions have on themselves and
others including their victims, their families, and their community;
(c)
Youth must develop skills to resolve problems with their peers more
effectively; and
(d)
Youth should be provided a meaningful forum to practice and enhance newly
developed skills.
NEW
SECTION. Sec. 6. A
court may require that a youth pay a nonrefundable fee, not exceeding thirty
dollars, to cover the costs of administering the program. The fee may be
reduced or waived for a participant. Fees shall be paid to and accounted for
by the court. The fees collected under this section shall not constitute
"certain costs" as defined in RCW 3.46.120(2), 3.50.100(2),
3.62.020(2), 3.62.040(2), and 35.20.220(2).
Sec.
7. RCW
13.40.020 and 1997 c 338 s 10 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Community-based rehabilitation" means one or more of the following:
Employment; attendance of information classes; literacy 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;
(2)
Community-based sanctions may include one or more of the following:
(a)
A fine, not to exceed five hundred dollars;
(b)
Community service not to exceed one hundred fifty hours of service;
(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;
(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 disposition. 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;
(5)
"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;
(6)
"Court," when used without further qualification, means the juvenile
court judge(s) or commissioner(s);
(7)
"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
that was entered before July 1, 1998, or a deferred disposition shall not be
considered part of the respondent's criminal history;
(8)
"Department" means the department of social and health services;
(9)
"Detention facility" means a county facility, paid for by the county,
for the physical confinement of a juvenile alleged to have committed an offense
or an adjudicated offender subject to a disposition or modification order.
"Detention facility" includes county group homes, inpatient substance
abuse programs, juvenile basic training camps, and electronic monitoring;
(10)
"Diversion unit" means any probation counselor who enters into a
diversion agreement with an alleged youthful offender, or any other person, community
accountability board, youth court under the supervision of the juvenile
court, 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;
(11)
"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;
(12)
"Institution" means a juvenile facility established pursuant to
chapters 72.05 and 72.16 through 72.20 RCW;
(13)
"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;
(14)
"Juvenile," "youth," and "child" mean any
individual who is under the chronological age of eighteen years and who has not
been previously transferred to adult court pursuant to RCW 13.40.110 or who is
otherwise under adult court jurisdiction;
(15)
"Juvenile offender" means any juvenile who has been found by the
juvenile court to have committed an offense, including a person eighteen years
of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16)
"Local sanctions" means one or more of the following: (a) 0‑30
days of confinement; (b) 0‑12 months of community supervision; (c) 0‑150
hours of community service; or (d) $0‑$500 fine;
(17)
"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;
(18)
"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;
(19)
"Offense" means an act designated a violation or a crime if committed
by an adult under the law of this state, under any ordinance of any city or
county of this state, under any federal law, or under the law of another state
if the act occurred in that state;
(20)
"Probation bond" means a bond, posted with sufficient security by a
surety justified and approved by the court, to secure the offender's appearance
at required court proceedings and compliance with court-ordered community
supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050.
It also means a deposit of cash or posting of other collateral in lieu of a
bond if approved by the court;
(21)
"Respondent" means a juvenile who is alleged or proven to have
committed an offense;
(22)
"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;
(23)
"Secretary" means the secretary of the department of social and
health services. "Assistant secretary" means the assistant secretary
for juvenile rehabilitation for the department;
(24)
"Services" means 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;
(25)
"Sex offense" means an offense defined as a sex offense in RCW
9.94A.030;
(26)
"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;
(27)
"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;
(28)
"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;
(29)
"Violent offense" means a violent offense as defined in RCW
9.94A.030.
(30)
"Youth court" means a diversion unit under the supervision of the
juvenile court.
Sec.
8. RCW
13.40.080 and 1999 c 91 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)) any
victim;
(c)
Attendance at up to ten hours of counseling and/or up to twenty hours of
educational or informational sessions at a community agency. The educational
or informational sessions may include sessions relating to respect for self,
others, and authority; victim awareness; accountability; self-worth;
responsibility; work ethics; good citizenship; literacy; 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;
(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));
(e)
Requirements to remain during specified hours at home, school, or work, and
restrictions on leaving or entering specified geographical areas; and
(f)
Upon request of ((the)) any victim or witness, requirements to
refrain from any contact with victims or witnesses of offenses committed by the
juvenile.
(3)
Notwithstanding the provisions of subsection (2) of this section, youth
courts are not limited to the conditions imposed by subsection (2) of this
section in imposing sanctions on juveniles pursuant to section 14 of this act.
(4)
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)))
(5)(a) A diversion agreement may not exceed a period of six months and
may include a period extending beyond the eighteenth birthday of the divertee.
(b)
If additional time is necessary for the juvenile to complete restitution to ((the))
a 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))) (5)(c), the juvenile shall remain under the
court's jurisdiction for a maximum term of ten years after the juvenile's
eighteenth birthday. Prior to the expiration of the initial ten-year period,
the juvenile court may extend the judgment for restitution an additional ten
years. 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)))
(6) The juvenile shall retain the right to be referred to the court at
any time prior to the signing of the diversion agreement.
(((6)))
(7) 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)))
(8) 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)))
(9) The diversion unit shall be responsible for advising a divertee of
his or her rights as provided in this chapter.
(((9)))
(10) The diversion unit may refer a juvenile to community-based
counseling or treatment programs.
(((10)))
(11) 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(7). 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)))
(12) 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)))
(13) 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 case to the prosecuting attorney for
action if such juvenile violates the terms of the diversion agreement.
(((13)))
(14) 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)) includes 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(7). 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)))
(15) 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)))
(16) 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)))
(17) 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.
NEW
SECTION. Sec. 9. A
new section is added to chapter 13.40 RCW to read as follows:
Youth
courts provide a diversion for cases involving juvenile offenders, in which
participants, under the supervision of an adult coordinator, may serve in
various capacities within the program, acting in the role of jurors, lawyers,
bailiffs, clerks, and judges. Youths who appear before youth courts are youths
eligible for diversion pursuant to RCW 13.40.070 (6) and (7). Youth courts
have no jurisdiction except as provided for in this act. Youth courts are
diversion units and not courts established under Article IV of the state
Constitution.
NEW
SECTION. Sec. 10. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
The administrative office of the courts shall encourage the juvenile courts to
work with cities and counties to implement, expand, or use youth court programs
for juveniles who commit diversion-eligible offenses, civil, or traffic
infractions. Program operations of youth court programs may be funded by
government and private grants. Youth court programs are limited to those that:
(a)
Are developed using the guidelines for creating and operating youth court
programs developed by nationally recognized experts in youth court projects;
(b)
Target offenders age eight through seventeen; and
(c)
Emphasize the following principles:
(i)
Youth must be held accountable for their problem behavior;
(ii)
Youth must be educated about the impact their actions have on themselves and
others including their victims, their families, and their community;
(iii)
Youth must develop skills to resolve problems with their peers more
effectively; and
(iv)
Youth should be provided a meaningful forum to practice and enhance newly
developed skills.
(2)
Youth court programs under this section may be established by private nonprofit
organizations and schools, upon prior approval and under the supervision of
juvenile court.
NEW
SECTION. Sec. 11. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
Youth courts have authority over juveniles ages eight through seventeen who:
(a)
Along with their parent, guardian, or legal custodian, voluntarily and in
writing request youth court involvement;
(b)
Admit they have committed the offense they are referred for;
(c)
Along with their parent, guardian, or legal custodian, waive any privilege
against self-incrimination concerning the offense; and
(d)
Along with their parent, guardian, or legal custodian, agree to comply with the
youth court disposition of the case.
(2)
Youth courts shall not exercise authority over youth who are under the
continuing jurisdiction of the juvenile court for law violations, including a
youth with a matter pending before the juvenile court but which has not yet
been adjudicated.
(3)
Youth courts may decline to accept a youth for youth court disposition for any
reason and may terminate a youth from youth court participation at any time.
(4)
A youth or his or her parent, guardian, or legal custodian may withdraw from
the youth court process at any time.
(5)
Youth courts shall give any victims of a juvenile the opportunity to be
notified, present, and heard in any youth court proceeding.
NEW
SECTION. Sec. 12. A
new section is added to chapter 13.40 RCW to read as follows:
Youth
court may not notify the juvenile court of satisfaction of conditions until all
ordered restitution has been paid.
NEW
SECTION. Sec. 13. A
new section is added to chapter 13.40 RCW to read as follows:
Every
youth appearing before a youth court shall be accompanied by his or her parent,
guardian, or legal custodian.
NEW
SECTION. Sec. 14. A
new section is added to chapter 13.40 RCW to read as follows:
(1)
Youth court dispositional options include those delineated in RCW 13.40.080,
and may also include:
(a)
Participating in law-related education classes, appropriate counseling,
treatment, or other education programs;
(b)
Providing periodic reports to the youth court;
(c)
Participating in mentoring programs;
(d)
Serving as a participant in future youth court proceedings;
(e)
Writing apology letters; or
(f)
Writing essays.
(2)
Youth courts shall not impose a term of confinement or detention. Youth courts
may require that the youth pay reasonable fees to participate in youth court
and in classes, counseling, treatment, or other educational programs that are
the disposition of the youth court.
(3)
A youth court disposition shall be completed within one hundred eighty days
from the date of referral.
(4)
Pursuant to RCW 13.40.080(1), a youth court disposition shall be reduced to
writing and signed by the youth and his or her parent, guardian, or legal
custodian accepting the disposition terms.
(5)
Youth court shall notify the juvenile court upon successful or unsuccessful
completion of the disposition.
(6)
Youth court shall notify the prosecutor or probation counselor of a failure to
successfully complete the youth court disposition.
NEW
SECTION. Sec. 15. A
new section is added to chapter 13.40 RCW to read as follows:
A
youth court may require that a youth pay a nonrefundable fee, not exceeding
thirty dollars, to cover the costs of administering the program. The fee may
be reduced or waived for a participant. Fees shall be paid to and accounted
for by the youth court.
Sec.
16. RCW
9.94A.850 and 2000 c 28 s 41 are each amended to read as follows:
(1)
A sentencing guidelines commission is established as an agency of state government.
(2)
The legislature finds that the commission, having accomplished its original
statutory directive to implement this chapter, and having expertise in
sentencing practice and policies, shall:
(a)
Evaluate state sentencing policy, to include whether the sentencing ranges and
standards are consistent with and further:
(i)
The purposes of this chapter as defined in RCW 9.94A.010; and
(ii)
The intent of the legislature to emphasize confinement for the violent offender
and alternatives to confinement for the nonviolent offender.
The
commission shall provide the governor and the legislature with its evaluation
and recommendations under this subsection not later than December 1, 1996, and
every two years thereafter;
(b)
Recommend to the legislature revisions or modifications to the standard
sentence ranges, state sentencing policy, prosecuting standards, and other
standards. If implementation of the revisions or modifications would result in
exceeding the capacity of correctional facilities, then the commission shall
accompany its recommendation with an additional list of standard sentence
ranges which are consistent with correction capacity;
(c)
Study the existing criminal code and from time to time make recommendations to
the legislature for modification;
(d)(i)
Serve as a clearinghouse and information center for the collection,
preparation, analysis, and dissemination of information on state and local
adult and juvenile sentencing practices; (ii) develop and maintain a
computerized adult and juvenile sentencing information system by individual
superior court judge consisting of offender, offense, history, and sentence
information entered from judgment and sentence forms for all adult felons; and (iii)
conduct ongoing research regarding adult and juvenile sentencing guidelines,
use of total confinement and alternatives to total confinement, plea
bargaining, and other matters relating to the improvement of the adult criminal
justice system and the juvenile justice system;
(e)
Assume the powers and duties of the juvenile disposition standards commission
after June 30, 1996;
(f)
Evaluate the effectiveness of existing disposition standards and related
statutes in implementing policies set forth in RCW 13.40.010 generally,
specifically review the guidelines relating to the confinement of minor and
first-time offenders as well as the use of diversion, and review the
application of current and proposed juvenile sentencing standards and
guidelines for potential adverse impacts on the sentencing outcomes of racial
and ethnic minority youth;
(g)
Solicit the comments and suggestions of the juvenile justice community
concerning disposition standards, and make recommendations to the legislature
regarding revisions or modifications of the standards. The evaluations shall
be submitted to the legislature on December 1 of each odd-numbered year. The
department of social and health services shall provide the commission with
available data concerning the implementation of the disposition standards and
related statutes and their effect on the performance of the department's
responsibilities relating to juvenile offenders, and with recommendations for
modification of the disposition standards. The office of the administrator for
the courts shall provide the commission with available data on diversion,
including the use of youth court programs, and dispositions of juvenile
offenders under chapter 13.40 RCW; and
(h)
Not later than December 1, 1997, and at least every two years thereafter, based
on available information, report to the governor and the legislature on:
(i)
Racial disproportionality in juvenile and adult sentencing, and, if
available, the impact that diversions, such as youth courts, have on racial
disproportionality in juvenile prosecution, adjudication, and sentencing;
(ii)
The capacity of state and local juvenile and adult facilities and resources;
and
(iii)
Recidivism information on adult and juvenile offenders.
(3)
Each of the commission's recommended standard sentence ranges shall include one
or more of the following: Total confinement, partial confinement, community
supervision, community service, and a fine.
(4)
The standard sentence ranges of total and partial confinement under this
chapter are subject to the following limitations:
(a)
If the maximum term in the range is one year or less, the minimum term in the
range shall be no less than one-third of the maximum term in the range, except
that if the maximum term in the range is ninety days or less, the minimum term
may be less than one-third of the maximum;
(b)
If the maximum term in the range is greater than one year, the minimum term in
the range shall be no less than seventy-five percent of the maximum term in the
range, except that for murder in the second degree in seriousness level XIV
under RCW 9.94A.510, the minimum term in the range shall be no less than fifty
percent of the maximum term in the range; and
(c)
The maximum term of confinement in a range may not exceed the statutory maximum
for the crime as provided in RCW 9A.20.021.
(5)(a)
Not later than December 31, 1999, the commission shall propose to the
legislature the initial community custody ranges to be included in sentences
under RCW 9.94A.715 for crimes committed on or after July 1, 2000. Not later
than December 31 of each year, the commission may propose modifications to the
ranges. The ranges shall be based on the principles in RCW 9.94A.010, and
shall take into account the funds available to the department for community custody.
The minimum term in each range shall not be less than one-half of the maximum
term.
(b)
The legislature may, by enactment of a legislative bill, adopt or modify the
community custody ranges proposed by the commission. If the legislature fails
to adopt or modify the initial ranges in its next regular session after they
are proposed, the proposed ranges shall take effect without legislative
approval for crimes committed on or after July 1, 2000.
(c)
When the commission proposes modifications to ranges pursuant to this
subsection, the legislature may, by enactment of a bill, adopt or modify the
ranges proposed by the commission for crimes committed on or after July 1 of
the year after they were proposed. Unless the legislature adopts or modifies the
commission's proposal in its next regular session, the proposed ranges shall
not take effect.
(6)
The commission shall exercise its duties under this section in conformity with
chapter 34.05 RCW.
NEW
SECTION. Sec. 17. A new
section is added to chapter 28A.300 RCW to read as follows:
The
office of the superintendent of public instruction shall encourage school
districts to implement, expand, or use student court programs for students who
commit violations of school rules and policies. Program operations of student
courts may be funded by government and private grants. Student court programs
are limited to those that:
(1)
Are developed using the guidelines for creating and operating student court
programs developed by nationally recognized student court projects;
(2)
Target violations of school rules by students enrolled in public or private
school; and
(3)
Emphasize the following principles:
(a)
Youth must be held accountable for their problem behavior;
(b)
Youth must be educated about the impact their actions have on themselves and
others including the school, school personnel, their classmates, their
families, and their community;
(c)
Youth must develop skills to resolve problems with their peers more
effectively; and
(d)
Youth should be provided a meaningful forum to practice and enhance newly
developed skills.
NEW
SECTION. Sec. 18. A
new section is added to chapter 28A.320 RCW to read as follows:
Local
school boards may provide for school credit for participation as a member of a
youth court as defined in section 1 of this act or RCW 13.40.020 or a student
court pursuant to section 17 of this act.
Sec.
19. RCW
13.40.250 and 1997 c 338 s 36 are each amended to read as follows:
A
traffic or civil infraction case involving a juvenile under the age of sixteen
may be diverted in accordance with the provisions of this chapter or filed in
juvenile court.
(1)
If a notice of a traffic or civil infraction is filed in juvenile court, the
juvenile named in the notice shall be afforded the same due process afforded to
adult defendants in traffic infraction cases.
(2)
A monetary penalty imposed upon a juvenile under the age of sixteen who is
found to have committed a traffic or civil infraction may not exceed one
hundred dollars. At the juvenile's request, the court may order performance of
a number of hours of community service in lieu of a monetary penalty, at the
rate of the prevailing state minimum wage per hour.
(3)
A diversion agreement entered into by a juvenile referred pursuant to this
section shall be limited to thirty hours of community service, or educational
or informational sessions.
(4)
Traffic or civil infractions referred to a youth court pursuant to this
section are subject to the conditions imposed by section 14 of this act.
(5)
If a case involving the commission of a traffic or civil infraction or offense
by a juvenile under the age of sixteen has been referred to a diversion unit,
an abstract of the action taken by the diversion unit may be forwarded to the department
of licensing in the manner provided for in RCW 46.20.270(2).
Sec.
20. RCW
46.63.040 and 1984 c 258 s 137 are each amended to read as follows:
(1)
All violations of state law, local law, ordinance, regulation, or resolution
designated as traffic infractions in RCW 46.63.020 may be heard and determined
by a district court, except as otherwise provided in this section.
(2)
Any municipal court has the authority to hear and determine traffic infractions
pursuant to this chapter.
(3)
Any city or town with a municipal court may contract with the county to have
traffic infractions committed within the city or town adjudicated by a district
court.
(4)
District court commissioners have the authority to hear and determine traffic
infractions pursuant to this chapter.
(5)
Any district or municipal court may refer juveniles age sixteen or seventeen
who are enrolled in school to a youth court, as defined in section 1 of this
act or RCW 13.40.020, for traffic infractions.
(6)
The boards of regents of the state universities, and the boards of trustees of
the regional universities and of The Evergreen State College have the authority
to hear and determine traffic infractions under RCW 28B.10.560.
NEW
SECTION. Sec. 21.
Sections 1 through 6 of this act constitute a new chapter in Title 3 RCW.
