SSB 6192 -
By Committee on Human Services
ADOPTED 03/02/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.40.190 and 2004 c 120 s 6 are each amended to read
as follows:
(1)(a) In its dispositional order, the court shall require the
respondent to make restitution to any persons who have suffered loss or
damage as a result of the offense committed by the respondent. In
addition, restitution may be ordered for loss or damage if the offender
pleads guilty to a lesser offense or fewer offenses and agrees with the
prosecutor's recommendation that the offender be required to pay
restitution to a victim of an offense or offenses which, pursuant to a
plea agreement, are not prosecuted.
(b) Restitution may include the costs of counseling reasonably
related to the offense.
(c) The payment of restitution shall be in addition to any
punishment which is imposed pursuant to the other provisions of this
chapter.
(d) The court may determine the amount, terms, and conditions of
the restitution including a payment plan extending up to ten years if
the court determines that the respondent does not have the means to
make full restitution over a shorter period. ((Restitution may include
the costs of counseling reasonably related to the offense.)) For the
purposes of this section, the respondent shall remain under the court's
jurisdiction for a maximum term of ten years after the respondent's
eighteenth birthday and, during this period, the restitution portion of
the dispositional order may be modified as to amount, terms, and
conditions at any time. Prior to the expiration of the ten-year
period, the juvenile court may extend the judgment for the payment of
restitution for an additional ten years. If the court grants a
respondent's petition pursuant to RCW 13.50.050(11), the court's
jurisdiction under this subsection shall terminate.
(e) Nothing in this section shall prevent a respondent from
petitioning the court pursuant to RCW 13.50.050(11) if the respondent
has paid the full restitution amount stated in the court's order and
has met the statutory criteria.
(f) If the respondent participated in the crime with another person
or other persons, all such participants shall be jointly and severally
responsible for the payment of restitution. ((For the purposes of this
section, the respondent shall remain under the court's jurisdiction for
a maximum term of ten years after the respondent's eighteenth birthday.
Prior to the expiration of the ten-year period, the juvenile court may
extend the judgment for the payment of restitution for an additional
ten years.))
(g) At any time, the court may determine that the respondent is not
required to pay, or may relieve the respondent of the requirement to
pay, full or partial restitution to any insurance provider authorized
under Title 48 RCW if the respondent reasonably satisfies the court
that he or she does not have the means to make full or partial
restitution to the insurance provider and could not reasonably acquire
the means to pay the insurance provider the restitution over a ten-year
period.
(2) Regardless of the provisions of subsection (1) of this section,
the court shall order restitution in all cases where the victim is
entitled to benefits under the crime victims' compensation act, chapter
7.68 RCW. If the court does not order restitution and the victim of
the crime has been determined to be entitled to benefits under the
crime victims' compensation act, the department of labor and
industries, as administrator of the crime victims' compensation
program, may petition the court within one year of entry of the
disposition order for entry of a restitution order. Upon receipt of a
petition from the department of labor and industries, the court shall
hold a restitution hearing and shall enter a restitution order.
(3) If an order includes restitution as one of the monetary
assessments, the county clerk shall make disbursements to victims named
in the order. The restitution to victims named in the order shall be
paid prior to any payment for other penalties or monetary assessments.
(4) 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 offense charged. "Victim"
may also include a known parent or guardian of a victim who is a minor
child or is not a minor child but is incapacitated, incompetent,
disabled, or deceased.
(5) A respondent under obligation to pay restitution may petition
the court for modification of the restitution order."
Correct the title.