AN ACT Relating to juvenile residential burglary; amending RCW 13.40.0357; adding a new section to chapter 13.40 RCW; creating a new section; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. A new section is added to chapter 13.40 RCW to read as follows:

(1) A parent or legal guardian of any child who is under the jurisdiction of the court as provided in chapter 13.40 RCW shall be subject to the jurisdiction of the court for the purposes of this section if:

(a) The child's current offense is a second or subsequent residential burglary under RCW 9A.52.025; and

(b) The parent or legal guardian was served with a summons prior to the child's adjudication for the offense of residential burglary. The summons shall state that the parent or legal guardian is required to participate in a screening and in the child's disposition hearing.

(2) The parent or legal guardian and the child whose current offense is a second or subsequent residential burglary shall participate in an intake screening to determine if the parent or legal guardian and the child could benefit from parenting skills training.

(a) The parent or legal guardian shall pay for the costs of the screening upon court determination of financial ability.

(b) The results of the screening shall be presented to the court at the child's disposition hearing.

(3) If the court finds that the parent or legal guardian referenced in subsections (1) and (2) of this section could benefit from parenting skills training, the court shall order the parent or legal guardian to participate in educational or counseling programs that are directed toward improving parenting skills.

(a) The terms of parental responsibility shall be imposed during the child's disposition hearing and shall be identified in writing within the dispositional order.

(b) The court may order the parent or legal guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the child.

(4) If the parent or legal guardian willfully fails or refuses to comply with the parental disposition order, the court may proceed against such person for contempt.

Sec. 2. Section 7, chapter 407, Laws of 1989 and RCW 13.40.0357 are each amended to read as follows:

@h0@lb @beSCHEDULE A@ee

DESCRIPTION AND OFFENSE CATEGORY

!tm1,2,1 @p1@bc!tj2!tcjuvenile

!tcjuvenile!tj1!tcdisposition

!tcdisposition!tj1!tccategory!sc ,1for!sc ,1attempt,

!tcoffense!tj1!tcbailjump,!sc ,1conspiracy,

!tccate!ttgory!tc!ttdescription!sc ,1(rcw!sc ,1citation)!tcor!sc ,1solici!tttation

!w_ @ec

@la@p0@h1 !tj1!tl@beArson and Malicious Mischief@ee

!tlA !tlArson 1 (9A.48.020) !tlB+

!tlB !tlArson 2 (9A.48.030) !tlC

!tlC !tlReckless Burning 1 (9A.48.040) !tlD

!tlD !tlReckless Burning 2 (9A.48.050) !tlE

!tlB !tlMalicious Mischief 1 (9A.48.070) !tlC

!tlC !tlMalicious Mischief 2 (9A.48.080) !tlD

!tlD !tlMalicious Mischief 3 (<$50 is

!tj1!tlE class) (9A.48.090)!tlE

!tlE !tlTampering with Fire Alarm

!tj1!tlApparatus (9.40.100) !tlE

!tlA !tlPossession of Incendiary Device

!tj1!tl(9.40.120) !tlB+

!tj1!tl@beAssault and Other Crimes@ee

!tj1!tl@beInvolving Physical Harm@ee

!tlA !tlAssault 1 (9A.36.011) !tlB+

!tlB+ !tlAssault 2 (9A.36.021) !tlC+

!tlC+ !tlAssault 3 (9A.36.031) !tlD+

!tlD+ !tlAssault 4 (9A.36.041) !tlE

!tlD+ !tlReckless Endangerment

!tj1!tl(9A.36.050) !tlE

!tlC+ !tlPromoting Suicide Attempt

!tj1!tl(9A.36.060) !tlD+

!tlD+ !tlCoercion (9A.36.070) !tlE

!tlC+ !tlCustodial Assault (9A.36.100) !tlD+

!tj1!tl@beBurglary and Trespass@ee

!tlB+ !tlBurglary 1 (9A.52.020) !tlC+

!tlB !tlResidential Burglary (9A.52.025) !tlC

!tlB !tlBurglary 2 (9A.52.030) !tlC

!tlD !tlBurglary Tools (Possession of)

!tj1!tl(9A.52.060) !tlE

!tlD !tlCriminal Trespass 1 (9A.52.070) !tlE

!tlE !tlCriminal Trespass 2 (9A.52.080) !tlE

!tlD !tlVehicle Prowling (9A.52.100) !tlE

!tj1!tl@beDrugs@ee

!tlE !tlPossession/Consumption of Alcohol

!tj1!tl(66.44.270) !tlE

!tlC !tlIllegally Obtaining Legend Drug

!tj1!tl(69.41.020) !tlD

!tlC+ !tlSale, Delivery, Possession of Legend

!tj1!tlDrug with Intent to Sell

!tj1!tl(69.41.030) !tlD+

!tlE !tlPossession of Legend Drug

!tj1!tl(69.41.030) !tlE

!tlB+ !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Narcotic Sale

!tj1!tl(69.50.401(a)(1)(i)) !tlB+

!tlC !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Nonnarcotic Sale

!tj1!tl(69.50.401(a)(1)(ii)) !tlC

!tlE !tlPossession of Marihuana <40 grams

!tj1!tl(69.50.401(e)) !tlE

!tlC !tlFraudulently Obtaining Controlled

!tj1!tlSubstance (69.50.403) !tlC

!tlC+ !tlSale of Controlled Substance

!tj1!tlfor Profit (69.50.410) !tlC+

!tlE !tl((~~Glue Sniffing (9.47A.050)~~))

!tj1!tlUnlawful Inhalation (9.47A.020) !tlE

!tlB !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Narcotic

!tj1!tlCounterfeit Substances

!tj1!tl(69.50.401(b)(1)(i)) !tlB

!tlC !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Nonnarcotic

!tj1!tlCounterfeit Substances

!tj1!tl(69.50.401(b)(1) (ii), (iii), (iv)) !tlC

!tlC !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Possession of a

!tj1!tlControlled Substance

!tj1!tl(69.50.401(d)) !tlC

!tlC !tlViolation of Uniform Controlled

!tj1!tlSubstances Act - Possession of a

!tj1!tlControlled Substance

!tj1!tl(69.50.401(c)) !tlC

!tj1!tl@beFirearms and Weapons@ee

!tl((~~C+ !tlCommitting Crime when Armed~~

~~!tj1!tl(9.41.025) !tlD+~~))

!tlE !tlCarrying Loaded Pistol Without

!tj1!tlPermit (9.41.050) !tlE

!tlE !tlUse of Firearms by Minor (<14)

!tj1!tl(9.41.240) !tlE

!tlD+ !tlPossession of Dangerous Weapon

!tj1!tl(9.41.250) !tlE

!tlD !tlIntimidating Another Person by use

!tj1!tlof Weapon (9.41.270) !tlE

!tj1!tl@beHomicide@ee

!tlA+ !tlMurder 1 (9A.32.030) !tlA

!tlA+ !tlMurder 2 (9A.32.050) !tlB+

!tlB+ !tlManslaughter 1 (9A.32.060) !tlC+

!tlC+ !tlManslaughter 2 (9A.32.070) !tlD+

!tlB+ !tlVehicular Homicide (46.61.520) !tlC+

!tj1!tl@beKidnapping@ee

!tlA !tlKidnap 1 (9A.40.020) !tlB+

!tlB+ !tlKidnap 2 (9A.40.030) !tlC+

!tlC+ !tlUnlawful Imprisonment

!tj1!tl(9A.40.040) !tlD+

!tl((~~D !tlCustodial Interference~~

~~!tj1!tl(9A.40.050) !tlE~~))

!tj1!tl@beObstructing Governmental Operation@ee

!tlE !tlObstructing a Public Servant

!tj1!tl(9A.76.020) !tlE

!tlE !tlResisting Arrest (9A.76.040) !tlE

!tlB !tlIntroducing Contraband 1

!tj1!tl(9A.76.140) !tlC

!tlC !tlIntroducing Contraband 2

!tj1!tl(9A.76.150) !tlD

!tlE !tlIntroducing Contraband 3

!tj1!tl(9A.76.160) !tlE

!tlB+ !tlIntimidating a Public Servant

!tj1!tl(9A.76.180) !tlC+

!tlB+ !tlIntimidating a Witness

!tj1!tl(9A.72.110) !tlC+

!tl((~~E !tlCriminal Contempt~~

~~!tj1!tl(9.23.010) !tlE~~))

!tj1!tl@bePublic Disturbance@ee

!tlC+ !tlRiot with Weapon (9A.84.010) !tlD+

!tlD+ !tlRiot Without Weapon

!tj1!tl(9A.84.010) !tlE

!tlE !tlFailure to Disperse (9A.84.020) !tlE

!tlE !tlDisorderly Conduct (9A.84.030) !tlE

!tj1!tl@beSex Crimes@ee

!tlA !tlRape 1 (9A.44.040) !tlB+

!tlA- !tlRape 2 (9A.44.050) !tlB+

!tlC+ !tlRape 3 (9A.44.060) !tlD+

!tlA- !tlRape of a Child 1 (9A.44.073) !tlB+

!tlB !tlRape of a Child 2 (9A.44.076) !tlC+

!tlB !tlIncest 1 (9A.64.020(1)) !tlC

!tlC !tlIncest 2 (9A.64.020(2)) !tlD

!tlD+ !tl((~~Public Indecency~~))

!tj1!tlIndecent Exposure

!tj1!tl(Victim <14) (9A.88.010) !tlE

!tlE !tl((~~Public Indecency~~))

!tj1!tlIndecent Exposure (Victim 14

!tj1!tlor over) (9A.88.010) !tlE

!tlB+ !tlPromoting Prostitution 1

!tj1!tl(9A.88.070) !tlC+

!tlC+ !tlPromoting Prostitution 2

!tj1!tl(9A.88.080) !tlD+

!tlE !tlO & A (Prostitution) (9A.88.030) !tlE

!tlB+ !tlIndecent Liberties (9A.44.100) !tlC+

!tlB+ !tlChild Molestation 1 (9A.44.083) !tlC+

!tlC+ !tlChild Molestation 2 (9A.44.086) !tlC

!tj1!tl@beTheft, Robbery, Extortion, and Forgery@ee

!tlB !tlTheft 1 (9A.56.030) !tlC

!tlC !tlTheft 2 (9A.56.040) !tlD

!tlD !tlTheft 3 (9A.56.050) !tlE

!tlB !tlTheft of Livestock (9A.56.080) !tlC

!tlC !tlForgery (((~~9A.56.020~~)) 9A.60.020) !tlD

!tlA !tlRobbery 1 (9A.56.200) !tlB+

!tlB+ !tlRobbery 2 (9A.56.210) !tlC+

!tlB+ !tlExtortion 1 (9A.56.120) !tlC+

!tlC+ !tlExtortion 2 (9A.56.130) !tlD+

!tlB !tlPossession of Stolen Property 1

!tj1!tl(9A.56.150) !tlC

!tlC !tlPossession of Stolen Property 2

!tj1!tl(9A.56.160) !tlD

!tlD !tlPossession of Stolen Property 3

!tj1!tl(9A.56.170) !tlE

!tlC !tlTaking Motor Vehicle Without

!tj1!tlOwner's Permission (9A.56.070) !tlD

!tj1!tl@beMotor Vehicle Related Crimes@ee

!tlE !tlDriving Without a License

!tj1!tl(46.20.021) !tlE

!tlC !tlHit and Run - Injury

!tj1!tl(46.52.020(4)) !tlD

!tlD !tlHit and Run-Attended

!tj1!tl(46.52.020(5)) !tlE

!tlE !tl Hit and Run-Unattended

!tj1!tl(46.52.010) !tlE

!tlC !tlVehicular Assault (46.61.522) !tlD

!tlC !tlAttempting to Elude Pursuing

!tj1!tlPolice Vehicle (46.61.024) !tlD

!tlE !tlReckless Driving (46.61.500) !tlE

!tlD !tlDriving While Under the Influence

!tj1!tl(46.61.515) !tlE

!tlB+ !tlNegligent Homicide by Motor

!tj1!tlVehicle (46.61.520) !tlC+

!tlD !tlVehicle Prowling (9A.52.100) !tlE

!tlC !tlTaking Motor Vehicle Without

!tj1!tlOwner's Permission (9A.56.070) !tlD

!tj1!tl@beOther@ee

!tlB !tlBomb Threat (9.61.160) !tlC

!tlC !tlEscape 1!bu1!eu (9A.76.110) !tlC

!tlC !tlEscape 2!bu1!eu (9A.76.120) !tlC

!tlD !tlEscape 3 (9A.76.130) !tlE

!tlC !tlFailure to Appear in Court

!tj1!tl(10.19.130) !tlD

!tlE !tlTampering with Fire Alarm

!tj1!tlApparatus (9.40.100) !tlE

!tlE !tlObscene, Harassing, Etc.,

!tj1!tlPhone Calls (9.61.230) !tlE

!tlA !tlOther Offense Equivalent to an

!tj1!tlAdult Class A Felony !tlB+

!tlB !tlOther Offense Equivalent to an

!tj1!tlAdult Class B Felony !tlC

!tlC !tlOther Offense Equivalent to an

!tj1!tlAdult Class C Felony !tlD

!tlD !tlOther Offense Equivalent to an

!tj1!tlAdult Gross Misdemeanor !tlE

!tlE !tlOther Offense Equivalent to an

!tj1!tlAdult Misdemeanor !tlE

!tlV !tlViolation of Order of Restitution,

!tj1!tlCommunity Supervision, or

!tj1!tlConfinement (13.40.200)!bu2!eu !tlV

@h3 @lb !ix!bu1!euEscape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

!ix!bu2!euIf the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

@beSCHEDULE B@ee

PRIOR OFFENSE INCREASE FACTOR

@la For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

@h0@lb

@beTIME!sc ,1SPAN@ee

!tm1,1,1,1 @p1!tcOFFENSE !tc0-12 !tc13-24 !tc25!sc ,1Months

!tcCATE!ttGORY !tcMon!ttths !tcMon!ttths !tcor!sc ,1M!ttore

!w_

@la@p0@h1 !tlA+ !tl.9 !tl.9 !tl.9

!tlA !tl.9 !tl.8 !tl.6

!tlA- !tl.9 !tl.8 !tl.5

!tlB+ !tl.9 !tl.7 !tl.4

!tlB !tl.9 !tl.6 !tl.3

!tlC+ !tl.6 !tl.3 !tl.2

!tlC !tl.5 !tl.2 !tl.2

!tlD+ !tl.3 !tl.2 !tl.1

!tlD !tl.2 !tl.1 !tl.1

!tlE !tl.1 !tl.1 !tl.1

@h3 @lb !ixPrior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).

@beSCHEDULE C@ee

CURRENT OFFENSE POINTS

@la For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

@h0@lb

@beAGE@ee

!tm1,1,1,1,1,1,1 @p1!tcOFFENSE !tc12!sc ,1&

!tcCATEGORY !tcUnder !tc13 !tc14 !tc15 !tc16 !tc17

!w_

@la@p0@h1 !tlA+ !tlSTANDARD!sc ,2RANGE!sc ,002180!sc-,001224!sc ,2WEEKS

!tlA !tr250 !tr300 !tr350 !tr375 !tr375 !tr375

!tlA- !tr150 !tr150 !tr150 !tr200 !tr200 !tr200

!tlB+ !tr110 !tr110 !tr120 !tr130 !tr140 !tr150

!tlB !tr45 !tr45 !tr50 !tr50 !tr57 !tr57

!tlC+ !tr44 !tr44 !tr49 !tr49 !tr55 !tr55

!tlC !tr40 !tr40 !tr45 !tr45 !tr50 !tr50

!tlD+ !tr16 !tr18 !tr20 !tr22 !tr24 !tr26

!tlD !tr14 !tr16 !tr18 !tr20 !tr22 !tr24

!tlE !tr4 !tr4 !tr4 !tr6 !tr8 !tr10

@h3 @lb

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1

@la !ixThis schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.

MINOR/FIRST OFFENDER

@h0@lb OPTION A

@beSTANDARD RANGE@ee

!tp1,1,1,1 @p1!tj1!tlCommunity

!tlCommunity !tlService

!ix@bePoints@ee !tl@beSupervision@ee !tl@beHours@ee !tl@beFine@ee

@la@h1 !ix1-9 !tl0-3 months !tland/or 0-8 !tland/or 0-$10

!ix10-19 !tl0-3 months !tland/or 0-8 !tland/or 0-$10

!ix20-29 !tl0-3 months !tland/or 0-16 !tland/or 0-$10

!ix30-39 !tl0-3 months !tland/or 8-24 !tland/or 0-$25

!ix40-49 !tl3-6 months !tland/or 16-32 !tland/or 0-$25

!ix50-59 !tl3-6 months !tland/or 24-40 !tland/or 0-$25

!ix60-69 !tl6-9 months !tland/or 32-48 !tland/or 0-$50

!ix70-79 !tl6-9 months !tland/or 40-56 !tland/or 0-$50

!ix80-89 !tl9-12 months !tland/or 48-64 !tland/or!sc ,0010-$100

!ix90-109 !tl9-12 months !tland/or 56-72 !tland/or!sc ,0010-$100

@p0@h3 @lb

OPTION B

@beSTATUTORY OPTION@ee

@la !ix0-12 Months Community Supervision

!ix0-150 Hours Community Service

!ix0-100 Fine

!ixA term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.

@lb

OPTION C

@beMANIFEST INJUSTICE@ee

@la !ixWhen a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.

@lb

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2

@la !ixThis schedule may only be used for middle offenders except for those whose current offense is residential burglary under RCW 9A.52.025. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C. Refer to schedule D-2a for residential burglary options.

@beMIDDLE OFFENDER@ee

@h0@lb OPTION A

@beSTANDARD RANGE@ee

!tp7,11,12,12,12 @p1!tj1!tlCommunity

!tlCommunity !tlService !tj1!tlConfinement

!ixPoints !tlSupervision !tlHours !tlFine !tlDays!sc ,1Weeks

!w_

@la@h1 !ix1-9 !tl0-3 months !tland/or 0-8 !tland/or 0-$10 !tland/or!sc ,0010

!ix10-19 !tl0-3 months !tland/or 0-8 !tland/or 0-$10 !tland/or!sc ,0010

!ix20-29 !tl0-3 months !tland/or 0-16 !tland/or 0-$10 !tland/or!sc ,0010

!ix30-39 !tl0-3 months !tland/or 8-24 !tland/or 0-$25 !tland/or!sc ,0012!sc-,0014

!ix40-49 !tl3-6 months !tland/or 16-32 !tland/or 0-$25 !tland/or!sc ,0012!sc-,0014

!ix50-59 !tl3-6 months !tland/or 24-40 !tland/or 0-$25 !tland/or!sc ,0015!sc-,00110

!ix60-69 !tl6-9 months !tland/or 32-48 !tland/or 0-$50 !tland/or!sc ,0015!sc-,00110

!ix70-79 !tl6-9 months !tland/or 40-56 !tland/or 0-$50 !tland/or!sc ,00110!sc-,00120

!ix80-89 !tl9-12 months !tland/or 48-64 !tland/or 0-$100 !tland/or!sc ,00110!sc-,00120

!ix90-109 !tl9-12 months !tland/or 56-72 !tland/or 0-$100 !tland/or!sc ,00115!sc-,00130

!ix110-129 !tj3!tl8-12

!ix130-149 !tj3!tl13-16

!ix150-199 !tj3!tl21-28

!ix200-249 !tj3!tl30-40

!ix250-299 !tj3!tl52-65

!ix300-374 !tj3!tl80-100

!ix375+ !tj3!tl103-129

@p0@h3 !ixMiddle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

!ixAll A+ offenses 180-224 weeks

@lb

OPTION B

@beSTATUTORY OPTION@ee

@la !ix0-12 Months Community Supervision

!ix0-150 Hours Community Service

!ix0-100 Fine

!ixThe court may impose a determinate disposition of community supervision and/or up to 30 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.

@lb

OPTION C

@beMANIFEST INJUSTICE@ee

@la !ixIf the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine range.

@lb

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2a-RESIDENTIAL BURGLARY

@la !ixFor middle offenders whose current offense is residential burglary under RCW 9A.52.025, the court has the discretion to select sentencing option A, B, or C, but is required to impose the following additional sanctions:

(1) For the first occurrence of residential burglary, three months additional community supervision shall be added to that imposed under option A or option B.

(2) For the second occurrence of residential burglary, the sentence under option A shall be a minimum of 20 days detention, and the youth shall be ordered to participate in the intensive burglary surveillance program during the community supervision imposed under either option A or B.

(3) For the third occurrence of residential burglary, or whenever a commitment option is utilized, the youth shall participate in intensive burglary programs while in the institution, shall receive three additional months parole supervision, and shall participate in the intensive burglary surveillance-parole program. If option B is utilized, the requirements listed in subsection (2) of this section shall apply.

@beMIDDLE OFFENDER-RESIDENTIAL BURGLARY@ee

@lb OPTION A

@beSTANDARD RANGE@ee

!tp7,11,12,12,12 @p1!tj1!tlCommunity

!tlCommunity !tlService !tj1!tlConfinement

!ixPoints !tlSupervision !tlHours !tlFine !tlDays!sc ,1Weeks

!w_

@la !ix40-49 !tl3-6 months !tland/or 16-32 !tland/or 0-$25 !tland/or!sc ,0012!sc-,0014

!ix50-59 !tl3-6 months !tland/or 24-40 !tland/or 0-$25 !tland/or!sc ,0015!sc-,00110

!ix60-69 !tl6-9 months !tland/or 32-48 !tland/or 0-$50 !tland/or!sc ,0015!sc-,00110

!ix70-79 !tl6-9 months !tland/or 40-56 !tland/or 0-$50 !tland/or!sc ,00110!sc-,00120

!ix80-89 !tl9-12 months !tland/or 48-64 !tland/or 0-$100 !tland/or!sc ,00110!sc-,00120

!ix90-109 !tl9-12 months !tland/or 56-72 !tland/or 0-$100 !tland/or!sc ,00115!sc-,00130

!ix110-129 !tj3!tl8-12

!ix130-149 !tj3!tl13-16

!ix150-199 !tj3!tl21-28

!ix200-249 !tj3!tl30-40

!ix250-299 !tj3!tl52-65

!ix300-374 !tj3!tl80-100

!ix375+ !tj3!tl103-129

!ixMiddle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under Option B.

@p0@h3 @lb

OPTION B

@beSTATUTORY OPTION@ee

@la !ix0-12 Months Community Supervision

!ix0-150 Hours Community Service

!ix0-$100 Fine

!ix0-30 days confinement

!ixAny period of community supervision is to include intensive burglary surveillance and whenever 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.

@lb

OPTION C

@beMANIFEST INJUSTICE@ee

@la !ixIf the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2), as now or hereafter amended, shall be used to determine range.

@lb

@beJUVENILE SENTENCING STANDARDS

SCHEDULE D-2a-REQUIRED COMPONENTS FOR SUPERVISION@ee

@la

INTENSIVE BURGLARY SURVEILLANCE AND INTENSIVE BURGLARY SURVEILLANCE -PAROLE PROGRAMS

(a) House arrest for a minimum of 30 days and a maximum of 90 days. The youth's performance shall be used to determine status after the initial 30 days. The youth shall be confined to house and immediate yard area for 24 hours per day except for:

(i) School;

(ii) Work;

(iii) Community service or restitution work assignment;

(iv) Participation in programs such as drug and alcohol classes, problem solving classes, anger management classes, or other; and

(v) Other court or probation/parole approved activities.

(b) Required or permitted contacts:

(i) Random in-person contact by probation/parole officer or surveillance officer at least three times a week; and

(ii) Random telephonic contact with youth daily.

(c) Offense-specific or risk/needs assessment and required program participation by youth in classes which may include, but are not limited to, anger management, drug or alcohol education and treatment, conflict management, or any other class which is directly related to offense behavior.

(d) Probation contract or parole case plan with preidentified sanctions for noncompliance.

(e) Required school attendance, job training, job, community service work, skills training classes, or other program components for 40 hours per week.

(f) Family participation and cooperation, with court-ordered attendance, at parent education classes such as drug or alcohol education and treatment, anger management, or problem solving.

(g) Parent or legal guardian shall ensure youth's participation in court-ordered case plan. Parent or legal guardian shall be held in contempt for the youth's failure to participate.

(h) Participation in victim awareness programs and mandatory financial restitution when applicable.

@lb

JUVENILE SENTENCING STANDARDS

SCHEDULE D-3

@la !ixThis schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.

@h0@lb

@beSERIOUS OFFENDER@ee

OPTION A

@beSTANDARD RANGE@ee

@la !tp1,1,1,1 !tl@bePoints@ee !tl@beInstitution!sc ,1Time@ee

@h1 !tl0-129 !tl8-12 weeks

!tl130-149 !tl13-16 weeks

!tl150-199 !tl21-28 weeks

!tl200-249 !tl30-40 weeks

!tl250-299 !tl52-65 weeks

!tl300-374 !tl80-100 weeks

!tl375+ !tl103-129 weeks

!tlAll!sc ,1A+

!tlOffenses !tl180-224 weeks

@h3 @lb

OPTION B

@beMANIFEST INJUSTICE@ee

@la !ixA disposition outside the standard range shall be determined 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 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW ((~~13.40.030(5)~~)) 13.40.030(2), as now or hereafter amended, shall be used to determine the range.

NEW SECTION. Sec. 3. The department of social and health services through its division of juvenile rehabilitation shall develop a plan for implementing residential burglary programs through its community services section to include program development, coordination, standards, monitoring, and evaluation. A status report shall be provided to the legislature by January 7, 1992.

NEW SECTION. Sec. 4. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of social and health services to carry out the purposes of this act.