BILL REQ. #: S-1343.1
| State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/08/2005. Referred to Committee on Judiciary.
AN ACT Relating to auto theft; reenacting and amending RCW 9.94A.505, 9.94A.515, and 13.40.160; adding new sections to chapter 36.28A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 36.28A RCW
to read as follows:
(1) The Washington association of sheriffs and police chiefs shall
create and facilitate the Washington state auto theft task force
program.
(2) The Washington association of sheriffs and police chiefs shall
appoint an auto theft task force program steering committee.
(a) The steering committee shall include, but is not limited to:
A chief of police, a county sheriff, the Washington state patrol, a
representative of the Washington association of prosecuting attorneys,
a representative of the Washington council of police and sheriffs, a
representative of the auto insurance industry, a representative of the
auto sales industry, a representative of the auto repair industry, and
a representative of the auto auction industry.
(b) The steering committee shall have the following
responsibilities:
(i) For the purpose of establishing regional auto theft task
forces, award grants to units of local governments or to teams
consisting of multiple units of local governments;
(ii) Develop grant criteria;
(iii) Develop general operational guidelines for regional auto
theft task forces;
(iv) Review all regional auto theft task force operations on an
annual basis; and
(v) Produce an annual report to the legislature.
(3) Prior to awarding any grants to regional auto theft task
forces, the Washington association of sheriffs and police chiefs must
verify that sufficient grant funding exists to cover all proposed task
force activities, which include but are not limited to: Regional auto
task force administration costs, law enforcement costs, prosecutor
costs, court costs, and county offender confinement costs.
(4) The Washington association of sheriffs and police chiefs is not
required to implement this section if adequate funding is not provided.
NEW SECTION. Sec. 2 A new section is added to chapter 36.28A RCW
to read as follows:
A unit of local government or a team consisting of multiple units
of local governments may apply to the Washington association of
sheriffs and police chiefs for the regional auto theft task force
grants. All grant applications must contain the following minimum
requirements:
(1) Statistically demonstrate an auto theft problem in the county
or counties covered in the grant application;
(2) Have at least one prosecuting attorney dedicated to the
prosecution of auto theft cases;
(3) County and city law enforcement officers must be
proportionately represented on each regional auto theft task force;
(4) Demonstrate a proposal to reimburse all participating units of
local governments for their costs, which include but are not limited
to: Regional auto theft task force administration costs, law
enforcement costs, prosecutor costs, court costs, and county offender
confinement costs; and
(5) If a regional auto theft task force crosses jurisdictional
boundaries, demonstrate that any necessary interlocal agreements can be
executed so that law enforcement officers and prosecutors can fulfill
the duties of the regional auto theft task force across jurisdictional
boundaries.
Sec. 3 RCW 9.94A.505 and 2002 c 290 s 17, 2002 c 289 s 6, and
2002 c 175 s 6 are each reenacted and amended to read as follows:
(1) When a person is convicted of a felony, the court shall impose
punishment as provided in this chapter.
(2)(a) The court shall impose a sentence as provided in the
following sections and as applicable in the case:
(i) Unless another term of confinement applies, the court shall
impose a sentence within the standard sentence range established in RCW
9.94A.510 or 9.94A.517;
(ii) RCW 9.94A.700 and 9.94A.705, relating to community placement;
(iii) RCW 9.94A.710 and 9.94A.715, relating to community custody;
(iv) RCW 9.94A.545, relating to community custody for offenders
whose term of confinement is one year or less;
(v) RCW 9.94A.570, relating to persistent offenders;
(vi) RCW 9.94A.540, relating to mandatory minimum terms;
(vii) RCW 9.94A.650, relating to the first-time offender waiver;
(viii) RCW 9.94A.660, relating to the drug offender sentencing
alternative;
(ix) RCW 9.94A.670, relating to the special sex offender sentencing
alternative;
(x) RCW 9.94A.712, relating to certain sex offenses;
(xi) RCW 9.94A.535, relating to exceptional sentences;
(xii) RCW 9.94A.589, relating to consecutive and concurrent
sentences.
(b) If a standard sentence range has not been established for the
offender's crime, the court shall impose a determinate sentence which
may include not more than one year of confinement; community
restitution work; until July 1, 2000, a term of community supervision
not to exceed one year and on and after July 1, 2000, a term of
community custody not to exceed one year, subject to conditions and
sanctions as authorized in RCW 9.94A.710 (2) and (3); and/or other
legal financial obligations. The court may impose a sentence which
provides more than one year of confinement if the court finds reasons
justifying an exceptional sentence as provided in RCW 9.94A.535.
(3) If the court imposes a sentence requiring confinement of thirty
days or less, the court may, in its discretion, specify that the
sentence be served on consecutive or intermittent days. A sentence
requiring more than thirty days of confinement shall be served on
consecutive days. Local jail administrators may schedule court-ordered
intermittent sentences as space permits.
(4) If a sentence imposed includes payment of a legal financial
obligation, it shall be imposed as provided in RCW 9.94A.750,
9.94A.753, 9.94A.760, and 43.43.7541.
(5) Except as provided under RCW 9.94A.750(4) and 9.94A.753(4), a
court may not impose a sentence providing for a term of confinement or
community supervision, community placement, or community custody which
exceeds the statutory maximum for the crime as provided in chapter
9A.20 RCW.
(6) The sentencing court shall give the offender credit for all
confinement time served before the sentencing if that confinement was
solely in regard to the offense for which the offender is being
sentenced.
(7) The court shall order restitution as provided in RCW 9.94A.750
and 9.94A.753.
(8) As a part of any sentence, the court may impose and enforce
crime-related prohibitions and affirmative conditions as provided in
this chapter.
(9) The court may order an offender whose sentence includes
community placement or community supervision to undergo a mental status
evaluation and to participate in available outpatient mental health
treatment, if the court finds that reasonable grounds exist to believe
that the offender is a mentally ill person as defined in RCW 71.24.025,
and that this condition is likely to have influenced the offense. An
order requiring mental status evaluation or treatment must be based on
a presentence report and, if applicable, mental status evaluations that
have been filed with the court to determine the offender's competency
or eligibility for a defense of insanity. The court may order
additional evaluations at a later date if deemed appropriate.
(10) In any sentence of partial confinement, the court may require
the offender to serve the partial confinement in work release, in a
program of home detention, on work crew, or in a combined program of
work crew and home detention.
(11) In sentencing an offender convicted of a crime of domestic
violence, as defined in RCW 10.99.020, if the offender has a minor
child, or if the victim of the offense for which the offender was
convicted has a minor child, the court may, as part of any term of
community supervision, community placement, or community custody, order
the offender to participate in a domestic violence perpetrator program
approved under RCW 26.50.150.
(12) For the first violation of RCW 9A.56.075, taking a motor
vehicle without permission in the second degree, the minimum sentence
that the court shall order is thirty days of home detention.
Sec. 4 RCW 9.94A.515 and 2004 c 176 s 2 and 2004 c 94 s 3 are
each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 5 RCW 13.40.160 and 2004 c 120 s 4 and 2004 c 38 s 11 are
each reenacted and amended to read as follows:
(1) The standard range disposition for a juvenile adjudicated of an
offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as
provided in RCW 13.40.0357 option A, the court shall impose a
determinate disposition within the standard ranges, except as provided
in subsection (2), (3), (4), (5), or (6) of this section. The
disposition may be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as
provided in RCW 13.40.0357 option A that includes a term of confinement
exceeding thirty days, commitment shall be to the department for the
standard range of confinement, except as provided in subsection (2),
(3), (4), (5), or (6) of this section.
(2) 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 D of RCW 13.40.0357. The court's finding
of manifest injustice shall be supported by clear and convincing
evidence.
A disposition outside the standard range shall be determinate and
shall be comprised of confinement or community supervision, or a
combination thereof. When a judge finds a manifest injustice and
imposes a sentence of confinement exceeding thirty days, the court
shall sentence the juvenile to a maximum term, and the provisions of
RCW 13.40.030(2) shall be used to determine the range. A disposition
outside the standard range is appealable under RCW 13.40.230 by the
state or the respondent. A disposition within the standard range is
not appealable under RCW 13.40.230.
(3) 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. 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, or if the court concludes, and enters reasons for its
conclusions, that such disposition would cause a manifest injustice,
the court shall impose a disposition under option D, and the court may
suspend the execution of the disposition and place the offender on
community supervision for at least 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 restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any counseling
reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered probation
bond; or
(ix) The court shall order that the offender shall not attend the
public or approved private elementary, middle, or high school attended
by the victim or the victim's siblings. The parents or legal guardians
of the offender are responsible for transportation or other costs
associated with the offender's change of school that would otherwise be
paid by the school district. The court shall send notice of the
disposition and restriction on attending the same school as the victim
or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved private
schools and the public school district board of directors of the
district in which the juvenile resides or intends to reside. This
notice must be sent at the earliest possible date but not later than
ten calendar days after entry of the disposition.
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 (3), after July 1, 1991,
examinations and treatment ordered pursuant to this subsection shall
only be conducted by certified sex offender treatment providers or
certified affiliate sex offender treatment providers under 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 sex offender treatment
providers or certified affiliate sex offender treatment 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 (3) 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.
A disposition entered under this subsection (3) is not appealable
under RCW 13.40.230.
(4) If the juvenile offender is subject to a standard range
disposition of local sanctions or 15 to 36 weeks of confinement and has
not committed an A- or B+ offense, the court may impose the
disposition alternative under RCW 13.40.165.
(5) If a juvenile is subject to a commitment of 15 to 65 weeks of
confinement, the court may impose the disposition alternative under RCW
13.40.167.
(6) When the offender is subject to a standard range commitment of
15 to 36 weeks and is ineligible for a suspended disposition
alternative, a manifest injustice disposition below the standard range,
special sex offender disposition alternative, chemical dependency
disposition alternative, or mental health disposition alternative, the
court in a county with a pilot program under RCW 13.40.169 may impose
the disposition alternative under RCW 13.40.169.
(7) RCW 13.40.193 shall govern the disposition of any juvenile
adjudicated of possessing a firearm in violation of RCW
9.41.040(2)(a)(iii) or any crime in which a special finding is entered
that the juvenile was armed with a firearm.
(8) For the first three violations of RCW 9A.56.075, taking a motor
vehicle in the second degree, the minimum sentence that the court shall
order is thirty days of home detention.
(9) 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.
(((9))) (10) Except as provided under subsection (3), (4), (5), or
(6) of this section, or option B of RCW 13.40.0357, or RCW 13.40.127,
the court shall not suspend or defer the imposition or the execution of
the disposition.
(((10))) (11) 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.