BILL REQ. #: H-4035.2
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/22/08. Referred to Committee on Human Services.
AN ACT Relating to expanding the circumstances under which a person may be under the jurisdiction of the juvenile court beyond his or her eighteenth birthday; amending RCW 13.40.300 and 13.40.0357; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 13.40.300 and 2005 c 238 s 2 are each amended to read
as follows:
(1) Except as provided in (b) of this subsection, in no case may a
juvenile offender be committed by the juvenile court to the department
of social and health services for placement in a juvenile correctional
institution beyond the juvenile offender's twenty-first birthday. A
juvenile may be under the jurisdiction of the juvenile court or the
authority of the department of social and health services beyond the
juvenile's eighteenth birthday only if:
(a) Prior to the juvenile's eighteenth birthday:
(((a) Proceedings are pending seeking the adjudication of a
juvenile offense and the court by written order setting forth its
reasons extends jurisdiction of juvenile court over the juvenile beyond
his or her eighteenth birthday;)) (i) The juvenile has been found guilty after a fact finding
or after a plea of guilty and an automatic extension is necessary to
allow for the imposition of disposition;
(b)
(((c))) (ii) Disposition has been held and an automatic extension
is necessary to allow for the execution and enforcement of the court's
order of disposition. If an order of disposition imposes commitment to
the department, then jurisdiction is automatically extended to include
a period of up to twelve months of parole, in no case extending beyond
the offender's twenty-first birthday; or
(((d))) (iii) While proceedings are pending in a case in which
jurisdiction has been transferred to the adult criminal court pursuant
to RCW 13.04.030, the juvenile turns eighteen years of age and is
subsequently found not guilty of the charge for which he or she was
transferred, or is convicted in the adult criminal court of a lesser
included offense, and an automatic extension is necessary to impose the
disposition as required by RCW 13.04.030(1)(e)(v)(E); or
(b) Prior to the juvenile's twenty-first birthday, proceedings are
pending seeking the adjudication of a juvenile offense and the court by
written order setting forth its reasons extends jurisdiction of the
juvenile court over the juvenile beyond his or her eighteenth birthday.
(i) If jurisdiction is extended under this subsection (1)(b)
because proceedings are pending prior to the juvenile's eighteenth
birthday, the juvenile may not be committed by the juvenile court to
the department of social and health services for placement in a
juvenile correctional institution beyond his or her twenty-first
birthday.
(ii) If jurisdiction is extended under this subsection (1)(b)
because proceedings are pending on or after the juvenile's eighteenth
birthday, but prior to the juvenile's twenty-first birthday, the
juvenile offender may not be committed by the juvenile court for
placement in a correctional institution beyond his or her twenty-fourth
birthday. Such a juvenile offender shall serve any term of confinement
imposed under this chapter in a correctional institution operated by,
or under contract with, the department of corrections.
(2) If the juvenile court previously has extended jurisdiction
beyond the juvenile offender's eighteenth birthday and that period of
extension has not expired, the court may further extend jurisdiction by
written order setting forth its reasons.
(3) Except as provided in subsection (1)(b) of this section, in no
event may the juvenile court have authority to extend jurisdiction over
any juvenile offender beyond the juvenile offender's twenty-first
birthday except for the purpose of enforcing an order of restitution or
penalty assessment.
(4) Notwithstanding any extension of jurisdiction over a person
pursuant to this section, the juvenile court has no jurisdiction over
any offenses alleged to have been committed by a person eighteen years
of age or older.
Sec. 2 RCW 13.40.0357 and 2007 c 199 s 11 are each amended to
read as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, OR SOLICITATION | ||
| . . . . . . . . . . . . | ||||
| Arson and Malicious Mischief | ||||
| A | Arson 1 (9A.48.020) | B+ | ||
| B | Arson 2 (9A.48.030) | C | ||
| C | Reckless Burning 1 (9A.48.040) | D | ||
| D | Reckless Burning 2 (9A.48.050) | E | ||
| B | Malicious Mischief 1 (9A.48.070) | C | ||
| C | Malicious Mischief 2 (9A.48.080) | D | ||
| D | Malicious Mischief 3 (9A.48.090(2) (a) and (c)) | E | ||
| E | Malicious Mischief 3 (9A.48.090(2)(b)) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105) | E | ||
| A | Possession of Incendiary Device (9.40.120) | B+ | ||
| Assault and Other Crimes Involving Physical Harm | ||||
| A | Assault 1 (9A.36.011) | B+ | ||
| B+ | Assault 2 (9A.36.021) | C+ | ||
| C+ | Assault 3 (9A.36.031) | D+ | ||
| D+ | Assault 4 (9A.36.041) | E | ||
| B+ | Drive-By Shooting (9A.36.045) | C+ | ||
| D+ | Reckless Endangerment (9A.36.050) | E | ||
| C+ | Promoting Suicide Attempt (9A.36.060) | D+ | ||
| D+ | Coercion (9A.36.070) | E | ||
| C+ | Custodial Assault (9A.36.100) | D+ | ||
| Burglary and Trespass | ||||
| B+ | Burglary 1 (9A.52.020) | C+ | ||
| B | Residential Burglary (9A.52.025) | C | ||
| B | Burglary 2 (9A.52.030) | C | ||
| D | Burglary Tools (Possession of) (9A.52.060) | E | ||
| D | Criminal Trespass 1 (9A.52.070) | E | ||
| E | Criminal Trespass 2 (9A.52.080) | E | ||
| C | Mineral Trespass (78.44.330) | C | ||
| C | Vehicle Prowling 1 (9A.52.095) | D | ||
| D | Vehicle Prowling 2 (9A.52.100) | E | ||
| Drugs | ||||
| E | Possession/Consumption of Alcohol (66.44.270) | E | ||
| C | Illegally Obtaining Legend Drug (69.41.020) | D | ||
| C+ | Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b)) | B+ | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c)) | C | ||
| E | Possession of Marihuana <40 grams (69.50.4014) | E | ||
| C | Fraudulently Obtaining Controlled Substance (69.50.403) | C | ||
| C+ | Sale of Controlled Substance for Profit (69.50.410) | C+ | ||
| E | Unlawful Inhalation (9.47A.020) | E | ||
| B | Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b)) | B | ||
| C | Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e)) | C | ||
| C | Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013) | C | ||
| C | Violation of Uniform Controlled Substances
Act - Possession of a Controlled Substance
(69.50.4012) | C | ||
| Firearms and Weapons | ||||
| B | Theft of Firearm (9A.56.300) | C | ||
| B | Possession of Stolen Firearm (9A.56.310) | C | ||
| E | Carrying Loaded Pistol Without Permit (9.41.050) | E | ||
| C | Possession of Firearms by Minor (<18) (9.41.040(2)(a)(iii)) | C | ||
| D+ | Possession of Dangerous Weapon (9.41.250) | E | ||
| D | Intimidating Another Person by use of
Weapon (9.41.270) | E | ||
| Homicide | ||||
| A+ | Murder 1 (9A.32.030) | A | ||
| A+ | Murder 2 (9A.32.050) | B+ | ||
| B+ | Manslaughter 1 (9A.32.060) | C+ | ||
| C+ | Manslaughter 2 (9A.32.070) | D+ | ||
| B+ | Vehicular Homicide (46.61.520) | C+ | ||
| Kidnapping | ||||
| A | Kidnap 1 (9A.40.020) | B+ | ||
| B+ | Kidnap 2 (9A.40.030) | C+ | ||
| C+ | Unlawful Imprisonment (9A.40.040) | D+ | ||
| Obstructing Governmental Operation | ||||
| D | Obstructing a Law Enforcement Officer (9A.76.020) | E | ||
| E | Resisting Arrest (9A.76.040) | E | ||
| B | Introducing Contraband 1 (9A.76.140) | C | ||
| C | Introducing Contraband 2 (9A.76.150) | D | ||
| E | Introducing Contraband 3 (9A.76.160) | E | ||
| B+ | Intimidating a Public Servant (9A.76.180) | C+ | ||
| B+ | Intimidating a Witness (9A.72.110) | C+ | ||
| Public Disturbance | ||||
| C+ | Riot with Weapon (9A.84.010(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | E | ||
| E | Failure to Disperse (9A.84.020) | E | ||
| E | Disorderly Conduct (9A.84.030) | E | ||
| Sex Crimes | ||||
| A | Rape 1 (9A.44.040) | B+ | ||
| A- | Rape 2 (9A.44.050) | B+ | ||
| C+ | Rape 3 (9A.44.060) | D+ | ||
| A- | Rape of a Child 1 (9A.44.073) | B+ | ||
| B+ | Rape of a Child 2 (9A.44.076) | C+ | ||
| B | Incest 1 (9A.64.020(1)) | C | ||
| C | Incest 2 (9A.64.020(2)) | D | ||
| D+ | Indecent Exposure (Victim <14) (9A.88.010) | E | ||
| E | Indecent Exposure (Victim 14 or over) (9A.88.010) | E | ||
| B+ | Promoting Prostitution 1 (9A.88.070) | C+ | ||
| C+ | Promoting Prostitution 2 (9A.88.080) | D+ | ||
| E | O & A (Prostitution) (9A.88.030) | E | ||
| B+ | Indecent Liberties (9A.44.100) | C+ | ||
| A- | Child Molestation 1 (9A.44.083) | B+ | ||
| B | Child Molestation 2 (9A.44.086) | C+ | ||
| Theft, Robbery, Extortion, and Forgery | ||||
| B | Theft 1 (9A.56.030) | C | ||
| C | Theft 2 (9A.56.040) | D | ||
| D | Theft 3 (9A.56.050) | E | ||
| B | Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083) | C | ||
| C | Forgery (9A.60.020) | D | ||
| A | Robbery 1 (9A.56.200) | B+ | ||
| B+ | Robbery 2 (9A.56.210) | C+ | ||
| B+ | Extortion 1 (9A.56.120) | C+ | ||
| C+ | Extortion 2 (9A.56.130) | D+ | ||
| C | Identity Theft 1 (9.35.020(2)) | D | ||
| D | Identity Theft 2 (9.35.020(3)) | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | E | ||
| B | Possession of a Stolen Vehicle (9A.56.068) | C | ||
| B | Possession of Stolen Property 1 (9A.56.150) | C | ||
| C | Possession of Stolen Property 2 (9A.56.160) | D | ||
| D | Possession of Stolen Property 3 (9A.56.170) | E | ||
| B | Taking Motor Vehicle Without Permission 1 (9A.56.070) | C | ||
| C | Taking Motor Vehicle Without Permission 2 (9A.56.075) | D | ||
| B | Theft of a Motor Vehicle (9A.56.065) | C | ||
| Motor Vehicle Related Crimes | ||||
| E | Driving Without a License (46.20.005) | E | ||
| B+ | Hit and Run - Death (46.52.020(4)(a)) | C+ | ||
| C | Hit and Run - Injury (46.52.020(4)(b)) | D | ||
| D | Hit and Run-Attended (46.52.020(5)) | E | ||
| E | Hit and Run-Unattended (46.52.010) | E | ||
| C | Vehicular Assault (46.61.522) | D | ||
| C | Attempting to Elude Pursuing Police Vehicle (46.61.024) | D | ||
| E | Reckless Driving (46.61.500) | E | ||
| D | Driving While Under the Influence (46.61.502 and 46.61.504) | E | ||
| B+ | Felony Driving While Under the Influence (46.61.502(6)) | B | ||
| B+ | Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6)) | B | ||
| Other | ||||
| B | Animal Cruelty 1 (16.52.205) | C | ||
| B | Bomb Threat (9.61.160) | C | ||
| C | Escape 11 (9A.76.110) | C | ||
| C | Escape 21 (9A.76.120) | C | ||
| D | Escape 3 (9A.76.130) | E | ||
| E | Obscene, Harassing, Etc., Phone Calls (9.61.230) | E | ||
| A | Other Offense Equivalent to an Adult Class A Felony | B+ | ||
| B | Other Offense Equivalent to an Adult Class B Felony | C | ||
| C | Other Offense Equivalent to an Adult Class C Felony | D | ||
| D | Other Offense Equivalent to an Adult Gross Misdemeanor | E | ||
| E | Other Offense Equivalent to an Adult Misdemeanor | E | ||
| V | Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 | V | ||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||||||
A+ | 180 WEEKS TO AGE 24 YEARS (JUVENILE COURT JURISDICTION EXTENDED BECAUSE PROCEEDINGS PENDING ON OR AFTER JUVENILE'S EIGHTEENTH BIRTHDAY) 180 WEEKS TO AGE 21 YEARS (ALL OTHER CASES) | |||||||||
| A | 103 WEEKS TO 129 WEEKS | |||||||||
| A- | 15-36 | 52-65 | 80-100 | 103-129 | ||||||
| WEEKS | WEEKS | WEEKS | WEEKS | |||||||
| EXCEPT | ||||||||||
| 30-40 | ||||||||||
| WEEKS FOR | ||||||||||
| 15-17 | ||||||||||
| YEAR OLDS | ||||||||||
| Current | B+ | 15-36 | 52-65 | 80-100 | 103-129 | |||||
| Offense | WEEKS | WEEKS | WEEKS | WEEKS | ||||||
| Category | ||||||||||
| B | LOCAL | 52-65 | ||||||||
| SANCTIONS (LS) | 15-36 WEEKS | WEEKS | ||||||||
| C+ | LS | |||||||||
| 15-36 WEEKS | ||||||||||
| C | LS | 15-36 WEEKS | ||||||||
| Local Sanctions: | ||||||||||
| 0 to 30 Days | ||||||||||
| D+ | LS | 0 to 12 Months Community Supervision | ||||||||
| 0 to 150 Hours Community Restitution | ||||||||||
| D | LS | $0 to $500 Fine | ||||||||
| E | LS | |||||||||
| 0 | 1 | 2 | 3 | 4 or more | ||||||
| PRIOR ADJUDICATIONS | ||||||||||