1198-S.E AMS LAW S3035.1
ESHB 1198 - S COMM AMD
By Committee on Law & Justice
ADOPTED 4/15/93
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.40.020 and 1990 1st ex.s. c 12 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:
(a) A class A felony, or an attempt to commit a class A felony;
(b) Manslaughter in the first degree; or
(c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon or firearm as defined in RCW 9A.04.110;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community
supervision" means an order of disposition by the court of an adjudicated
youth not committed to the department. A community supervision order
for a single offense may be for a period of up to two years for a sex offense
as defined by RCW 9.94A.030 and up to one year for other offenses ((and)).
Community supervision is an individualized program comprised of one or more of
the following:
(a) Community-based sanctions;
(b) Community-based rehabilitation;
(c) Monitoring and reporting requirements;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(((c))) (5)
"Community-based rehabilitation" means one or more of the following:
Attendance of information classes;
(((d) Counseling; or
(e) Such other
services to the extent funds are available for such services,)) counseling, outpatient substance abuse
treatment programs, outpatient mental health programs, anger management
classes, or other services; or attendance at school or other educational
programs appropriate for the juvenile as determined by the school district.
Placement in community-based rehabilitation programs is subject to available
funds;
(6) "Monitoring
and reporting requirements" means one or more of the following: Curfews;
requirements to remain at home, school, work, or court-ordered treatment
programs during specified hours; restrictions from leaving or entering
specified geographical areas; requirements to report to the probation officer
as directed and to remain under the probation officer's supervision; and other
conditions((,)) or limitations as the court may require which may not
include confinement;
(((4))) (7)
"Confinement" means physical custody by the department of social and
health services in a detention facility operated by or pursuant to a
contract with the state, or physical custody in a detention facility
operated by or pursuant to a contract with any county. The county may
operate or contract with vendors to operate county detention facilities. The
department may operate or contract to operate detention facilities for
juveniles committed to the department. Pretrial confinement or confinement
of less than thirty-one days imposed as part of a disposition or modification
order may be served consecutively or intermittently, in the discretion of the
court and may be served in a detention group home, detention foster home, or
with electronic monitoring. Detention group homes and detention foster homes
used for confinement shall not also be used for the placement of dependent
children. Confinement in detention group homes and detention foster homes and
electronic monitoring are subject to available funds;
(((5))) (8)
"Court", when used without further qualification, means the juvenile
court judge(s) or commissioner(s);
(((6))) (9)
"Criminal history" includes all criminal complaints against the
respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history;
(((7))) (10)
"Department" means the department of social and health services;
(((8))) (11)
"Detention facility" means a facility for the physical confinement of
a juvenile alleged to have committed an offense or an adjudicated offender
subject to a disposition or modification order;
(12)
"Diversion unit" means any probation counselor who enters into a
diversion agreement with an alleged youthful offender, or any other
person or entity except a law enforcement official or entity, with whom
the juvenile court administrator has contracted to arrange and supervise such
agreements pursuant to RCW ((13.04.040, as now or hereafter amended,)) 13.40.080,
or any person or entity specially funded by the legislature to arrange and
supervise diversion agreements in accordance with the requirements of this
chapter;
(((9))) (13)
"Institution" means a juvenile facility established pursuant to
chapters 72.05 and 72.16 through 72.20 RCW;
(((10))) (14)
"Juvenile," "youth," and "child" mean any
individual who is under the chronological age of eighteen years and who has not
been previously transferred to adult court;
(((11))) (15)
"Juvenile offender" means any juvenile who has been found by the
juvenile court to have committed an offense, including a person eighteen years
of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(((12))) (16)
"Manifest injustice" means a disposition that would either impose an
excessive penalty on the juvenile or would impose a serious, and clear danger
to society in light of the purposes of this chapter;
(((13))) (17)
"Middle offender" means a person who has committed an offense and who
is neither a minor or first offender nor a serious offender;
(((14))) (18)
"Minor or first offender" means a person sixteen years of age or
younger whose current offense(s) and criminal history fall entirely within one
of the following categories:
(a) Four misdemeanors;
(b) Two misdemeanors and one gross misdemeanor;
(c) One misdemeanor and two gross misdemeanors;
(d) Three gross misdemeanors;
(e) One class C felony except manslaughter in the second degree and one misdemeanor or gross misdemeanor;
(f) One class B felony except: Any felony which constitutes an attempt to commit a class A felony; manslaughter in the first degree; assault in the second degree; extortion in the first degree; indecent liberties; kidnapping in the second degree; robbery in the second degree; burglary in the second degree; residential burglary; vehicular homicide; or arson in the second degree.
For purposes of this definition, current violations shall be counted as misdemeanors;
(((15))) (19)
"Offense" means an act designated a violation or a crime if committed
by an adult under the law of this state, under any ordinance of any city or
county of this state, under any federal law, or under the law of another state
if the act occurred in that state;
(((16))) (20)
"Respondent" means a juvenile who is alleged or proven to have
committed an offense;
(((17))) (21)
"Restitution" means financial reimbursement by the offender to the
victim, and shall be limited to easily ascertainable damages for injury to or
loss of property, actual expenses incurred for medical treatment for physical
injury to persons, lost wages resulting from physical injury, and costs of the
victim's counseling reasonably related to the offense if the offense is a sex
offense. Restitution shall not include reimbursement for damages for mental
anguish, pain and suffering, or other intangible losses. Nothing in this
chapter shall limit or replace civil remedies or defenses available to the
victim or offender;
(((18))) (22)
"Secretary" means the secretary of the department of social and
health services;
(((19))) (23)
"Services" mean services which provide alternatives to incarceration
for those juveniles who have pleaded or been adjudicated guilty of an offense
or have signed a diversion agreement pursuant to this chapter;
(((20))) (24)
"Sex offense" means an offense defined as a sex offense in RCW
9.94A.030;
(((21))) (25)
"Sexual motivation" means that one of the purposes for which the
respondent committed the offense was for the purpose of his or her sexual
gratification;
(((22))) (26)
"Foster care" means temporary physical care in a foster family home
or group care facility as defined in RCW 74.15.020 and licensed by the
department, or other legally authorized care;
(((23))) (27)
"Violation" means an act or omission, which if committed by an adult,
must be proven beyond a reasonable doubt, and is punishable by sanctions which
do not include incarceration.
NEW SECTION. Sec. 2. A new section is added to chapter 71.34 RCW to read as follows:
Whenever a county-designated mental health professional makes a determination under RCW 71.34.050 that a minor, thirteen years or older, does not meet the criteria for an involuntary detention at an evaluation and treatment facility, the county-designated mental health professional shall:
(1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW;
(2) Provide a written evaluation to the minor's parent detailing the county-designated mental health professional's reasons for not detaining the minor at an evaluation and treatment facility. The evaluation shall include the specific facts investigated, the credibility of the person or persons providing the information, and the criteria for an involuntary detention; and
(3) Refer the minor and the parents to other available services.
NEW SECTION. Sec. 3. A new section is added to chapter 70.96A RCW to read as follows:
Whenever a county-designated chemical dependency specialist makes a determination under RCW 70.96A.140 that a minor does not meet the criteria for a commitment to a chemical dependency program, the county-designated chemical dependency specialist shall:
(1) Provide written notice to the minor's parent of the parent's right to file petitions and obtain services available under chapter 13.32A RCW; and
(2) Refer the minor and the parents to other available services.
NEW SECTION. Sec. 4. A new section is added to chapter 13.40 RCW to read as follows:
The department shall within existing funds collect such data as may be necessary to monitor any disparity in processing or disposing of cases involving juvenile offenders due to economic, gender, geographic, or racial factors that may result from implementation of section 1, chapter . . ., Laws of 1993 (section 1 of this act). Beginning December 1, 1993, the department shall report annually to the legislature on economic, gender, geographic, or racial disproportionality in the rates of arrest, detention, trial, treatment, and disposition in the state's juvenile justice system. The report shall cover the preceding calendar year. The annual report shall identify the causes of such disproportionality and shall specifically point out any economic, gender, geographic, or racial disproportionality resulting from implementation of section 1, chapter . . ., Laws of 1993 (section 1 of this act).
NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 6. Sections 2 and 3 of this act shall take effect July 1, 1994."
ESHB 1198 - S COMM AMD
By Committee on Law & Justice
ADOPTED 4/15/93
On page 1, line 2 of the title, after "force;" strike the remainder of the title and insert "amending RCW 13.40.020; adding a new section to chapter 71.34 RCW; adding a new section to chapter 70.96A RCW; adding a new section to chapter 13.40 RCW; and providing an effective date."
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