SSB 6240 -
By Committee on Early Learning & Human Services
ADOPTED AND ENGROSSED 3/2/12
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 13.40.127 and 2009 c 236 s 1 are each amended to read
as follows:
(1) A juvenile is eligible for deferred disposition unless he or
she:
(a) Is charged with a sex or violent offense;
(b) Has a criminal history which includes any felony;
(c) Has a prior deferred disposition or deferred adjudication; or
(d) Has two or more adjudications.
(2) The juvenile court may, upon motion at least fourteen days
before commencement of trial and, after consulting the juvenile's
custodial parent or parents or guardian and with the consent of the
juvenile, continue the case for disposition for a period not to exceed
one year from the date the juvenile is found guilty. The court shall
consider whether the offender and the community will benefit from a
deferred disposition before deferring the disposition. The court may
waive the fourteen-day period anytime before the commencement of trial
for good cause.
(3) Any juvenile who agrees to a deferral of disposition shall:
(a) Stipulate to the admissibility of the facts contained in the
written police report;
(b) Acknowledge that the report will be entered and used to support
a finding of guilt and to impose a disposition if the juvenile fails to
comply with terms of supervision; ((and))
(c) Waive the following rights to: (i) A speedy disposition; and
(ii) call and confront witnesses; and
(d) Acknowledge the direct consequences of being found guilty and
the direct consequences that will happen if an order of disposition is
entered.
The adjudicatory hearing shall be limited to a reading of the
court's record.
(4) Following the stipulation, acknowledgment, waiver, and entry of
a finding or plea of guilt, the court shall defer entry of an order of
disposition of the juvenile.
(5) Any juvenile granted a deferral of disposition under this
section shall be placed under community supervision. The court may
impose any conditions of supervision that it deems appropriate
including posting a probation bond. Payment of restitution under RCW
13.40.190 shall be a condition of community supervision under this
section.
The court may require a juvenile offender convicted of animal
cruelty in the first degree to submit to a mental health evaluation to
determine if the offender would benefit from treatment and such
intervention would promote the safety of the community. After
consideration of the results of the evaluation, as a condition of
community supervision, the court may order the offender to attend
treatment to address issues pertinent to the offense.
(6) A parent who signed for a probation bond has the right to
notify the counselor if the juvenile fails to comply with the bond or
conditions of supervision. The counselor shall notify the court and
surety of any failure to comply. A surety shall notify the court of
the juvenile's failure to comply with the probation bond. The state
shall bear the burden to prove, by a preponderance of the evidence,
that the juvenile has failed to comply with the terms of community
supervision.
(7) ((A juvenile's lack of compliance shall be determined by the
judge upon written motion by the prosecutor or the juvenile's juvenile
court community supervision counselor. If a juvenile fails to comply
with terms of supervision, the court shall enter an order of
disposition)) (a) Anytime prior to the conclusion of the period of
supervision, the prosecutor or the juvenile's juvenile court community
supervision counselor may file a motion with the court requesting the
court revoke the deferred disposition based on the juvenile's lack of
compliance or treat the juvenile's lack of compliance as a violation
pursuant to RCW 13.40.200.
(b) If the court finds the juvenile failed to comply with the terms
of the deferred disposition, the court may:
(i) Revoke the deferred disposition and enter an order of
disposition; or
(ii) Impose sanctions for the violation pursuant to RCW 13.40.200.
(8) At any time following deferral of disposition the court may,
following a hearing, continue ((the case)) supervision for an
additional one-year period for good cause.
(9)(a) At the conclusion of the period ((set forth in the order of
deferral and upon a finding by the court of full compliance with
conditions of supervision and payment of full restitution)) of
supervision, the court shall determine whether the juvenile is entitled
to dismissal of the deferred disposition only when the court finds:
(i) The deferred disposition has not been previously revoked;
(ii) The juvenile has completed the terms of supervision;
(iii) There are no pending motions concerning lack of compliance
pursuant to subsection (7) of this section; and
(iv) The juvenile has either paid the full amount of restitution,
or, made a good faith effort to pay the full amount of restitution
during the period of supervision.
(b) If the court finds the juvenile is entitled to dismissal of the
deferred disposition pursuant to (a) of this subsection, the
((respondent's)) juvenile's conviction shall be vacated and the court
shall dismiss the case with prejudice, except that a conviction under
RCW 16.52.205 shall not be vacated. Whenever a case is dismissed with
restitution still owing, the court shall enter a restitution order
pursuant to RCW 13.40.190 for any unpaid restitution. Jurisdiction to
enforce payment and modify terms of the restitution order shall be the
same as those set forth in RCW 13.40.190.
(c) If the court finds the juvenile is not entitled to dismissal of
the deferred disposition pursuant to (a) of this subsection, the court
shall revoke the deferred disposition and enter an order of
disposition. A deferred disposition shall remain a conviction unless
the case is dismissed and the conviction is vacated pursuant to (b) of
this subsection or sealed pursuant to RCW 13.50.050.
(10)(a) ((Records of deferred disposition cases vacated under
subsection (9) of this section shall be sealed no later than thirty
days after the juvenile's eighteenth birthday provided that the
juvenile does not have any charges pending at that time. If a juvenile
has already reached his or her eighteenth birthday before July 26,
2009, and does not have any charges pending, he or she may request that
the court issue an order sealing the records of his or her deferred
disposition cases vacated under subsection (9) of this section, and
this request shall be granted.)) (i) Any time the court vacates a
conviction pursuant to subsection (9) of this section, if the juvenile
is eighteen years of age or older and the full amount of restitution
ordered has been paid, the court shall enter a written order sealing
the case.
(ii) Any time the court vacates a conviction pursuant to subsection
(9) of this section, if the juvenile is not eighteen years of age or
older and full restitution ordered has been paid, the court shall
schedule an administrative sealing hearing to take place no later than
thirty days after the respondent's eighteenth birthday, at which time
the court shall enter a written order sealing the case. The
respondent's presence at the administrative sealing hearing is not
required.
(iii) Any deferred disposition vacated prior to the effective date
of this section is not subject to sealing under this subsection.
(b) Nothing in this subsection shall preclude a juvenile from
petitioning the court to have the records of his or her deferred
dispositions sealed under RCW 13.50.050 (11) and (12).
(((b))) (c) Records sealed under this provision shall have the same
legal status as records sealed under RCW 13.50.050.
Sec. 2 RCW 13.50.050 and 2011 c 338 s 4 and 2011 c 333 s 4 are
each reenacted and amended to read as follows:
(1) This section governs records relating to the commission of
juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven
juvenile offender shall be open to public inspection, unless sealed
pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file are
confidential and may be released only as provided in this section, RCW
13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010,
records retained or produced by any juvenile justice or care agency may
be released to other participants in the juvenile justice or care
system only when an investigation or case involving the juvenile in
question is being pursued by the other participant or when that other
participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information not in an
official juvenile court file concerning a juvenile or a juvenile's
family may be released to the public only when that information could
not reasonably be expected to identify the juvenile or the juvenile's
family.
(6) Notwithstanding any other provision of this chapter, the
release, to the juvenile or his or her attorney, of law enforcement and
prosecuting attorneys' records pertaining to investigation, diversion,
and prosecution of juvenile offenses shall be governed by the rules of
discovery and other rules of law applicable in adult criminal
investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and
prosecuting attorneys may cooperate with schools in releasing
information to a school pertaining to the investigation, diversion, and
prosecution of a juvenile attending the school. Upon the decision to
arrest or the arrest, incident reports may be released unless releasing
the records would jeopardize the investigation or prosecution or
endanger witnesses. If release of incident reports would jeopardize
the investigation or prosecution or endanger witnesses, law enforcement
and prosecuting attorneys may release information to the maximum extent
possible to assist schools in protecting other students, staff, and
school property.
(8) The juvenile court and the prosecutor may set up and maintain
a central recordkeeping system which may receive information on all
alleged juvenile offenders against whom a complaint has been filed
pursuant to RCW 13.40.070 whether or not their cases are currently
pending before the court. The central recordkeeping system may be
computerized. If a complaint has been referred to a diversion unit,
the diversion unit shall promptly report to the juvenile court or the
prosecuting attorney when the juvenile has agreed to diversion. An
offense shall not be reported as criminal history in any central
recordkeeping system without notification by the diversion unit of the
date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate
family, the identity of an alleged or proven juvenile offender alleged
or found to have committed a crime against the victim and the identity
of the alleged or proven juvenile offender's parent, guardian, or
custodian and the circumstance of the alleged or proven crime shall be
released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal
prosecutions, the juvenile offense records of an adult criminal
defendant or witness in an adult criminal proceeding shall be released
upon request to prosecution and defense counsel after a charge has
actually been filed. The juvenile offense records of any adult
convicted of a crime and placed under the supervision of the adult
corrections system shall be released upon request to the adult
corrections system.
(11) In any case in which an information has been filed pursuant to
RCW 13.40.100 or a complaint has been filed with the prosecutor and
referred for diversion pursuant to RCW 13.40.070, the person the
subject of the information or complaint may file a motion with the
court to have the court vacate its order and findings, if any, and,
subject to subsection (23) of this section, order the sealing of the
official juvenile court file, the social file, and records of the court
and of any other agency in the case.
(12)(a) The court shall not grant any motion to seal records for
class A offenses made pursuant to subsection (11) of this section that
is filed on or after July 1, 1997, unless:
(i) Since the last date of release from confinement, including
full-time residential treatment, if any, or entry of disposition, the
person has spent five consecutive years in the community without
committing any offense or crime that subsequently results in an
adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person is no longer required to register as a sex offender
under RCW 9A.44.130 or has been relieved of the duty to register under
RCW 9A.44.143 if the person was convicted of a sex offense;
(v) The person has not been convicted of rape in the first degree,
rape in the second degree, or indecent liberties that was actually
committed with forcible compulsion; and
(vi) Full restitution has been paid.
(b) The court shall not grant any motion to seal records for class
B, C, gross misdemeanor and misdemeanor offenses and diversions made
under subsection (11) of this section unless:
(i) Since the date of last release from confinement, including
full-time residential treatment, if any, entry of disposition, or
completion of the diversion agreement, the person has spent two
consecutive years in the community without being convicted of any
offense or crime;
(ii) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(iv) The person is no longer required to register as a sex offender
under RCW 9A.44.130 or has been relieved of the duty to register under
RCW 9A.44.143 if the person was convicted of a sex offense; and
(v) Full restitution has been paid.
(c) Notwithstanding the requirements in (a) or (b) of this
subsection, the court shall grant any motion to seal records of any
deferred disposition vacated under RCW 13.40.127(9) prior to the
effective date of this section if restitution has been paid and the
person is eighteen years of age or older at the time of the motion.
(13) The person making a motion pursuant to subsection (11) of this
section shall give reasonable notice of the motion to the prosecution
and to any person or agency whose files are sought to be sealed.
(14)(a) If the court grants the motion to seal made pursuant to
subsection (11) of this section, it shall, subject to subsection (23)
of this section, order sealed the official juvenile court file, the
social file, and other records relating to the case as are named in the
order. Thereafter, the proceedings in the case shall be treated as if
they never occurred, and the subject of the records may reply
accordingly to any inquiry about the events, records of which are
sealed. Any agency shall reply to any inquiry concerning confidential
or sealed records that records are confidential, and no information can
be given about the existence or nonexistence of records concerning an
individual.
(b) In the event the subject of the juvenile records receives a
full and unconditional pardon, the proceedings in the matter upon which
the pardon has been granted shall be treated as if they never occurred,
and the subject of the records may reply accordingly to any inquiry
about the events upon which the pardon was received. Any agency shall
reply to any inquiry concerning the records pertaining to the events
for which the subject received a pardon that records are confidential,
and no information can be given about the existence or nonexistence of
records concerning an individual.
(15) Inspection of the files and records included in the order to
seal may thereafter be permitted only by order of the court upon motion
made by the person who is the subject of the information or complaint,
except as otherwise provided in RCW 13.50.010(8) and subsection (23) of
this section.
(16) Any adjudication of a juvenile offense or a crime subsequent
to sealing has the effect of nullifying the sealing order. Any
charging of an adult felony subsequent to the sealing has the effect of
nullifying the sealing order for the purposes of chapter 9.94A RCW.
The administrative office of the courts shall ensure that the superior
court judicial information system provides prosecutors access to
information on the existence of sealed juvenile records.
(17)(a)(i) Subject to subsection (23) of this section, all records
maintained by any court or law enforcement agency, including the
juvenile court, local law enforcement, the Washington state patrol, and
the prosecutor's office, shall be automatically destroyed within ninety
days of becoming eligible for destruction. Juvenile records are
eligible for destruction when:
(A) The person who is the subject of the information or complaint
is at least eighteen years of age;
(B) His or her criminal history consists entirely of one diversion
agreement or counsel and release entered on or after June 12, 2008;
(C) Two years have elapsed since completion of the agreement or
counsel and release;
(D) No proceeding is pending against the person seeking the
conviction of a criminal offense; and
(E) There is no restitution owing in the case.
(ii) No less than quarterly, the administrative office of the
courts shall provide a report to the juvenile courts of those
individuals whose records may be eligible for destruction. The
juvenile court shall verify eligibility and notify the Washington state
patrol and the appropriate local law enforcement agency and
prosecutor's office of the records to be destroyed. The requirement to
destroy records under this subsection is not dependent on a court
hearing or the issuance of a court order to destroy records.
(iii) The state and local governments and their officers and
employees are not liable for civil damages for the failure to destroy
records pursuant to this section.
(b) All records maintained by any court or law enforcement agency,
including the juvenile court, local law enforcement, the Washington
state patrol, and the prosecutor's office, shall be automatically
destroyed within thirty days of being notified by the governor's office
that the subject of those records received a full and unconditional
pardon by the governor.
(c) A person eighteen years of age or older whose criminal history
consists entirely of one diversion agreement or counsel and release
entered prior to June 12, 2008, may request that the court order the
records in his or her case destroyed. The request shall be granted,
subject to subsection (23) of this section, if the court finds that two
years have elapsed since completion of the agreement or counsel and
release.
(d) A person twenty-three years of age or older whose criminal
history consists of only referrals for diversion may request that the
court order the records in those cases destroyed. The request shall be
granted, subject to subsection (23) of this section, if the court finds
that all diversion agreements have been successfully completed and no
proceeding is pending against the person seeking the conviction of a
criminal offense.
(18) If the court grants the motion to destroy records made
pursuant to subsection (17)(c) or (d) of this section, it shall,
subject to subsection (23) of this section, order the official juvenile
court file, the social file, and any other records named in the order
to be destroyed.
(19) The person making the motion pursuant to subsection (17)(c) or
(d) of this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(20) Any juvenile to whom the provisions of this section may apply
shall be given written notice of his or her rights under this section
at the time of his or her disposition hearing or during the diversion
process.
(21) Nothing in this section may be construed to prevent a crime
victim or a member of the victim's family from divulging the identity
of the alleged or proven juvenile offender or his or her family when
necessary in a civil proceeding.
(22) Any juvenile justice or care agency may, subject to the
limitations in subsection (23) of this section and (a) and (b) of this
subsection, develop procedures for the routine destruction of records
relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the
subject of the information or complaint has attained twenty-three years
of age or older or pursuant to subsection (17)(a) of this section.
(b) The court may not routinely destroy the official juvenile court
file or recordings or transcripts of any proceedings.
(23) Except for subsection (17)(b) of this section, no identifying
information held by the Washington state patrol in accordance with
chapter 43.43 RCW is subject to destruction or sealing under this
section. For the purposes of this subsection, identifying information
includes photographs, fingerprints, palmprints, soleprints, toeprints
and any other data that identifies a person by physical
characteristics, name, birthdate or address, but does not include
information regarding criminal activity, arrest, charging, diversion,
conviction or other information about a person's treatment by the
criminal justice system or about the person's behavior.
(24) Information identifying child victims under age eighteen who
are victims of sexual assaults by juvenile offenders is confidential
and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian.
Identifying information includes the child victim's name, addresses,
location, photographs, and in cases in which the child victim is a
relative of the alleged perpetrator, identification of the relationship
between the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law enforcement,
prosecutors, judges, defense attorneys, or private or governmental
agencies that provide services to the child victim of sexual assault.
Sec. 3 RCW 13.40.180 and 2002 c 175 s 24 are each amended to read
as follows:
(1) Where a disposition in a single disposition order is imposed on
a youth for two or more offenses, the terms shall run consecutively,
subject to the following limitations:
(((1))) (a) Where the offenses were committed through a single act
or omission, omission, or through an act or omission which in itself
constituted one of the offenses and also was an element of the other,
the aggregate of all the terms shall not exceed one hundred fifty
percent of the term imposed for the most serious offense;
(((2))) (b) The aggregate of all consecutive terms shall not exceed
three hundred percent of the term imposed for the most serious offense;
and
(((3))) (c) The aggregate of all consecutive terms of community
supervision shall not exceed two years in length, or require payment of
more than two hundred dollars in fines or the performance of more than
two hundred hours of community restitution.
(2) Where disposition in separate disposition orders is imposed on
a youth, the periods of community supervision contained in separate
orders, if any, shall run concurrently. All other terms contained in
separate disposition orders shall run consecutively.
Sec. 4 RCW 13.40.0357 and 2008 c 230 s 3 and 2008 c 158 s 1 are
each reenacted and 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(( | 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+ | ||
| C | Failure to Register as a Sex Offender
((( | D | ||
| 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 | ||
| (( JUVENILE OFFENDER SENTENCING GRID | ||||||||||
A+ | 180 WEEKS TO AGE 21 YEARS | |||||||||
or more | ||||||||||
| OPTION A JUVENILE OFFENDER SENTENCING GRID STANDARD RANGE | ||||||
| A+ | 180 weeks to age 21 for all category A+ offenses | |||||
| A | 103-129 weeks for all category A offenses | |||||
| A- | 15-36 weeks Except 30-40 weeks for 15 to 17 year olds | 52-65 weeks | 80-100 weeks | 103-129 weeks | 103-129 weeks | |
| CURRENT | B+ | 15-36 weeks | 15-36 weeks | 52-65 weeks | 80-100 weeks | 103-129 weeks |
| OFFENSE | B | LS | LS | 15-36 weeks | 15-36 weeks | 52-65 weeks |
| CATEGORY | C+ | LS | LS | LS | 15-36 weeks | 15-36 weeks |
| C | LS | LS | LS | LS | 15-36 weeks | |
| D+ | LS | LS | LS | LS | LS | |
| D | LS | LS | LS | LS | LS | |
| E | LS | LS | LS | LS | LS | |
| PRIOR ADJUDICATIONS | 0 | 1 | 2 | 3 | 4 or more | |
Correct the title.