Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Human Services Committee

HB 2052


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Modifying disposition orders.

Sponsors: Representatives McCoy, Rodne, Appleton and O'Brien.

Brief Summary of Bill
  • Permits the court to modify an order of disposition, on the motion of any party, for good cause shown, regardless of whether the juvenile has violated any terms of the order, but the court may not increase any penalty.

Hearing Date: 1/15/08

Staff: Linda Merelle (786-7092).

Background:

Upon adjudication of an offense in juvenile court, the court enters an order of disposition, imposing a sentence on the juvenile. The order may include detention, community service, a period of community supervision, restitution, or a fine.

If the juvenile fails to comply with the terms of the order of disposition, the court may, on it's own motion or the motion of the prosecutor, conduct a hearing. If the court finds that the juvenile has failed to comply with the terms of the order and that the failure was willful, the court may modify the order to impose sanctions for such failure. Sanctions may include a penalty of up to 30 days of confinement in detention.

The court has no statutory authority to modify the disposition order in the absence of a failure to comply with the terms of the order.

Summary of Bill:

The court, on its own motion or upon the motion of any party, may modify the order of disposition for good cause, regardless of whether the juvenile has violated any terms of the order. A modification must not result in any increased sanction or penalty. In its determination of good cause, the court must consider the best interests of the juvenile and the community.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.