BILL REQ. #:  H-1687.1 

Read first time 02/16/2005.   Referred to Committee on Juvenile Justice & Family Law.

     AN ACT Relating to juvenile sentencing alternatives; and amending RCW 13.40.167.

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

Sec. 1   RCW 13.40.167 and 2003 c 378 s 4 are each amended to read as follows:
     (1) When an offender is subject to a standard range ((commitment of 15 to 65 weeks)) disposition involving confinement by the department, the court may:
     (a) Impose the standard range; or
     (b) Suspend the standard range disposition on condition that the offender complies with the terms of this mental health disposition alternative.
     (2) The court may impose this disposition alternative when the court finds the following:
     (a) The offender has a current diagnosis, consistent with the American psychiatry association diagnostic and statistical manual of mental disorders, of axis I psychiatric disorder, excluding youth that are diagnosed as solely having a conduct disorder, oppositional defiant disorder, substance abuse disorder, paraphilia, or pedophilia;
     (b) An appropriate treatment option is available in the local community;
     (c) The plan for the offender identifies and addresses requirements for successful participation and completion of the treatment intervention program including: Incentives and graduated sanctions designed specifically for amenable youth, including the use of detention, detoxication, and in-patient or outpatient substance abuse treatment and psychiatric hospitalization, and structured community support consisting of mental health providers, probation, educational and vocational advocates, child welfare services, and family and community support. For any mental health treatment ordered for an offender under this section, the treatment option selected shall be chosen from among programs which have been successful in addressing mental health needs of juveniles and successful in mental health treatment of juveniles and identified as research-based best practice programs. A list of programs which meet these criteria shall be agreed upon by: The Washington association of juvenile court administrators, the juvenile rehabilitation administration of the department of social and health services, a representative of the division of public behavioral health and justice policy at the University of Washington, and the Washington institute for public policy. The list of programs shall be created not later than July 1, 2003. The group shall provide the list to all superior courts, its own membership, the legislature, and the governor. The group shall meet annually and revise the list as appropriate; and
     (d) The offender, offender's family, and community will benefit from use of the mental health disposition alternative.
     (3) The court on its own motion may order, or on motion by either party, shall order a comprehensive mental health evaluation to determine if the offender has a designated mental disorder. The court may also order a chemical dependency evaluation to determine if the offender also has a co-occurring chemical dependency disorder. The evaluation shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense, an assessment of the offender's mental health and drug-alcohol problems and previous treatment attempts, and the offender's social, criminal, educational, and employment history and living situation.
     (4) The evaluator shall determine if the offender is amenable to research-based treatment. A proposed case management and treatment plan shall include at a minimum:
     (a) The availability of treatment;
     (b) Anticipated length of treatment;
     (c) Whether one or more treatment interventions are proposed and the anticipated sequence of those treatment interventions;
     (d) The education plan;
     (e) The residential plan; and
     (f) The monitoring plan.
     (5) The court on its own motion may order, or on motion by either party, shall order a second mental health or chemical dependency evaluation. The party making the motion shall select the evaluator. The requesting party shall pay the cost of any examination ordered under this subsection and subsection (3) of this section unless the court finds the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
     (6) Upon receipt of the assessments, evaluations, and reports the court shall consider whether the offender and the community will benefit from use of the mental health disposition alternative. The court shall consider the victim's opinion whether the offender should receive the option.
     (7) If the court determines that the mental health disposition alternative is appropriate, the court shall impose a standard range disposition ((of not more than 65 weeks)), suspend execution of the disposition, and place the offender on community supervision up to one year and impose one or more other local sanctions. Confinement in a secure county detention facility, other than county group homes, inpatient psychiatric treatment facilities, and substance abuse programs, shall be limited to thirty days. As a condition of a suspended disposition, the court shall require the offender to participate in the recommended treatment interventions.
     (8) The treatment providers shall submit monthly reports to the court and parties on the offender's progress in treatment. The report shall reference the treatment plan and include at a minimum the following: Dates of attendance, offender's compliance with requirements, treatment activities, medication management, the offender's relative progress in treatment, and any other material specified by the court at the time of the disposition.
     (9) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
     (10) An offender is ineligible for the mental health disposition option under this section if ((the offender is)):
     (a) The offense for which this disposition is being considered is an A+ offense;
     (b) The offender is fourteen years of age or older and the offense for which this disposition is being considered is:
     (i) A class A or A- offense, or an attempt, conspiracy, or solicitation to commit a class A or A- offense;
     (ii) Manslaughter in the first degree (RCW 9A.32.060); or
     (iii) Any of the following offenses, when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon: Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401(2) (a) and (b)), or manslaughter 2 (RCW 9A.32.070);
     (c) The offender is ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
     (d) The offender is adjudicated of a sex ((or violent)) offense as defined in RCW 9.94A.030.