ESHB 3186 -
By Committee on Human Services & Corrections
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.40.200 and 2004 c 120 s 7 are each amended to read
as follows:
(1) When a respondent fails to comply with an order of restitution,
community supervision, penalty assessments, or confinement of less than
thirty days, the court upon motion of the prosecutor or its own motion,
may modify the order after a hearing on the violation.
(2) The hearing shall afford the respondent the same due process of
law as would be afforded an adult probationer. The court may issue a
summons or a warrant to compel the respondent's appearance. The state
shall have the burden of proving by a preponderance of the evidence the
fact of the violation. The respondent shall have the burden of showing
that the violation was not a willful refusal to comply with the terms
of the order. If a respondent has failed to pay a fine, penalty
assessments, or restitution or to perform community restitution hours,
as required by the court, it shall be the respondent's burden to show
that he or she did not have the means and could not reasonably have
acquired the means to pay the fine, penalty assessments, or restitution
or perform community restitution.
(3) If the court finds that a respondent has willfully violated the
terms of an order pursuant to subsections (1) and (2) of this section,
it may impose a penalty of up to thirty days' confinement. Penalties
for multiple violations occurring prior to the hearing shall not be
aggregated to exceed thirty days' confinement. Regardless of the
number of times a respondent is brought to court for violations of the
terms of a single disposition order, the combined total number of days
spent by the respondent in detention shall never exceed the maximum
term to which an adult could be sentenced for the underlying offense.
(4) If a respondent has been ordered to pay a fine or monetary
penalty and due to a change of circumstance cannot reasonably comply
with the order, the court, upon motion of the respondent, may order
that the unpaid fine or monetary penalty be converted to community
restitution unless the monetary penalty is the crime victim penalty
assessment, which cannot be converted, waived, or otherwise modified,
except for schedule of payment. The number of hours of community
restitution in lieu of a monetary penalty or fine shall be converted at
the rate of the prevailing state minimum wage per hour. The monetary
penalties or fines collected shall be deposited in the county general
fund. A failure to comply with an order under this subsection shall be
deemed a failure to comply with an order of community supervision and
may be proceeded against as provided in this section.
(5) When a respondent has willfully violated the terms of a
probation bond, the court may modify, revoke, or retain the probation
bond as provided in RCW 13.40.054.
(6)(a) The juvenile court probation officer may move the court to
modify the terms of the order of disposition if:
(i) The respondent is not in violation of the terms of the order of
disposition; and
(ii) Notice of the motion is sent to the victim if the victim's
contact information is available.
(b) The court may modify an order of disposition for good cause
shown, so long as the modification does not result in any increased
sanction or penalty. In determining whether good cause exists, the
court shall consider the best interest of the respondent, the victim,
and the community."
ESHB 3186 -
By Committee on Human Services & Corrections
On page 1, line 1 of the title, after "orders;" strike the remainder of the title and insert "and amending RCW 13.40.200."
EFFECT: Allows the juvenile court probation officer to move the court directly to modify a disposition order if the juvenile is not in violation of the terms of the disposition order. Requires notice of the motion be given to the victim.