BILL REQ. #:  S-2076.1 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to sentencing provisions for juveniles adjudicated of certain crimes; amending RCW 13.40.308; and prescribing penalties.

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

Sec. 1   RCW 13.40.308 and 2007 c 199 s 15 are each amended to read as follows:
     (1) If a respondent is adjudicated of taking a motor vehicle without permission in the first degree as defined in RCW 9A.56.070, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
     (a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes no less than ((five days of home detention)) three months of community supervision, forty-five hours of community restitution, and a two hundred dollar fine. The juvenile may be subject to no less than five days of electronic monitoring where available;
     (b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to (([a])) a standard range sentence that includes six months of community supervision, no less than ten days of detention, ninety hours of community restitution, and a four hundred dollar fine; and
     (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks ((of confinement, seven days of home detention)) commitment to the juvenile rehabilitation administration, four months of parole supervision, ninety hours of community restitution, and a four hundred dollar fine. The juvenile may be subject to no less than seven days of electronic monitoring where available.
     (2) If a respondent is adjudicated of theft of a motor vehicle as defined under RCW 9A.56.065, or possession of a stolen vehicle as defined under RCW 9A.56.068, the court shall impose the following minimum sentence, in addition to any restitution the court may order payable to the victim:
     (a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes ((either: (i) No less than five days of home detention and)) no less than three months of community supervision, forty-five hours of community restitution((; or (ii) no home detention and ninety hours of community restitution)), a two hundred dollar fine, and either ninety hours of community restitution or no less than five days of electronic monitoring where available;
     (b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to (([a])) a standard range sentence that includes no less than six months of community supervision, no less than ten days of detention, ninety hours of community restitution, and a four hundred dollar fine; and
     (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than fifteen to thirty-six weeks ((of confinement, seven days of home detention)) commitment to the juvenile rehabilitation administration, four months of parole supervision, ninety hours of community restitution, and a four hundred dollar fine. The juvenile may be subject to no less than seven days of electronic monitoring where available.
     (3) If a respondent is adjudicated of taking a motor vehicle without permission in the second degree as defined in RCW 9A.56.075, the court shall impose a standard range as follows:
     (a) Juveniles with a prior criminal history score of zero to one-half points shall be sentenced to a standard range sentence that includes ((either: (i) No less than one day of home detention, one)) three months of community supervision((,)) and fifteen hours of community restitution((; or (ii) no home detention, one month of supervision, and thirty hours of community restitution)). The juvenile may be subject to no less than one day of electronic monitoring where available;
     (b) Juveniles with a prior criminal history score of three-quarters to one and one-half points shall be sentenced to a standard range sentence that includes no less than one day of detention, ((two days of home detention, two)) three months of community supervision, thirty hours of community restitution, and a one hundred fifty dollar fine. The juvenile may be subject to no less than two days of electronic monitoring where available; and
     (c) Juveniles with a prior criminal history score of two or more points shall be sentenced to no less than three days of detention, ((seven days of home detention, three)) six months of community supervision, forty-five hours of community restitution, and a one hundred fifty dollar fine. The juvenile may be subject to no less than seven days of home monitoring where available.