AN ACT Relating to juvenile offenders; amending RCW 13.40.160; and prescribing penalties.

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

Sec. 1. Section 70, chapter 291, Laws of 1977 ex. sess. as last amended by section 8, chapter 191, Laws of 1983 and RCW 13.40.160 are each amended to read as follows:

(1) When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense.

If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(5), as now or hereafter amended, shall be used to determine the range. A disposition outside the standard range is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition within the standard range is not appealable under RCW 13.40.230 as now or hereafter amended.

(2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision. If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition. A disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(5), as now or hereafter amended, shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

Any disposition other than community supervision may be appealed as provided in RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition of community supervision may not be appealed under RCW 13.40.230 as now or hereafter amended.

(3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) as now or hereafter amended.

(4) If a respondent is found to be a middle offender:

(a) The court shall impose a determinate disposition within the standard range(s) for such offense: PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

(b) The court shall impose a determinate disposition of community supervision and/or up to thirty days confinement in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150 as now or hereafter amended.

(c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4) (a) or (b) of this section would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(5), as now or hereafter amended, shall be used to determine the range. The court's finding of manifest injustice shall be supported by clear and convincing evidence.

(d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent. A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 as now or hereafter amended.

(5) (a) When a respondent is found to have committed, or to have attempted to commit, an offense which is a violation of chapter 9A.44 RCW, RCW 9A.64.020, or 9A.88.010, or, when it was committed with the intent to commit a sexual offense, RCW 9A.36.020, 9A.52.020, or 9A.52.030, the court on its own motion or on motion of a party may order an offense-specific evaluation and report to determine whether the respondent is amenable to treatment. If the court orders an evaluation and report, the time limits placed on disposition by RCW 13.40.130 are not applicable.

(b) The court may order that the evaluation and report be completed at the expense of the respondent. If the court does not so order, the court shall pay the cost of the evaluation and report. The evaluation and report shall be done by a therapist who has experience and training in evaluating and treating juvenile sexual offenders. Among other topics, the report shall include the following sections: (i) Comparison of the official version of the offense and the respondent's version; (ii) results of psychological testing; (iii) discussion of whether and what types of treatment are indicated as needed, and where treatment could best take place; (iv) assessment of the respondent's danger to the community, to commit both similar and other types of offense behavior; (v) recommendations for disposition; (vi) school, social, medical, family, and sexual histories; and (vii) results of mental status examination. The completed report shall be submitted to the court, with copies provided to the state, probation department, and the respondent. The report shall be admissible as evidence at the disposition hearing. In addition, either the court or a party may require, by subpoena, the presence of the evaluator and any materials or documents relied on by the evaluator at the disposition hearing. At the disposition hearing, the court shall review all dispositional and evaluative materials presented. The court shall also consider the dispositional factors set forth in RCW 13.40.150. The court shall determine whether the respondent and the community will benefit from use of this special sexual offender disposition alternative.

(c) If the court determines that both the respondent and the community will benefit from the use of the disposition alternative and that the respondent is a minor or first offender, a middle offender, or a serious offender who has not previously been found to have committed an offense that is a violation of chapter 9A.44 RCW, RCW 9A.64.020, or, when it was committed with the intent to commit a sexual offense, RCW 9A.36.010, 9A.36.020, 9A.52.020, or 9A.52.030; and if the court determines the respondent has not previously been given this special sexual offender disposition alternative, then the court shall order: (i) Community supervision for a term of not less than twelve months nor more than thirty-six months; (ii) restitution to pay for costs of the victim's medical examination and counseling for offense-induced trauma; (iii) offense-specific treatment, as well as counseling for other issues which have an indirect bearing on the respondent's successful avoidance of reoffending; (iv) the crime victims compensation penalty; and (v) that the respondent refrain from committing new offenses.

(d) The court may order the following additional conditions of supervision: (i) Up to thirty days' detention per count; (ii) up to one hundred fifty hours of community service; (iii) conditions regulating or prohibiting contacts with the victim(s), or other people similarly situated to the victim(s); (iv) a fine of up to one hundred fifty dollars; and (v) other offense-related prohibitions.

(e) If the respondent violates any of these disposition conditions, the court may modify the conditions or may impose a term of confinement not to exceed the maximum of the standard range of disposition for the original offense. All confinement time served during the period of community supervision shall be credited to the respondent if the maximum term of confinement of the standard range is imposed.

(6) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

((~~(6)~~)) (7) In its dispositional order, the court shall not suspend or defer the imposition or the execution of the disposition.

((~~(7)~~)) (8) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.