H-1975.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1198
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Human Services (originally sponsored by Representatives Leonard, Padden, Appelwick, King, Brough, Johanson, Jones, Roland, Long, G. Cole, Veloria, Horn, Karahalios, Springer, Wood, Flemming, Kessler, Lemmon and Pruitt)
Read first time 03/03/93.
AN ACT Relating to recommendations of the juvenile issues task force; 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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. 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;
(((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. Detention facilities may be secure,
semisecure, or nonsecure, and may include group homes, foster homes, and home
detention with electronic or staff monitoring. "Secure detention"
means lockup or staff-secure facilities. "Nonsecure detention" means
residential placement in the community in a physically nonrestrictive
environment under the supervision of and funded by the local government
department of youth services or equivalent department. "Home
detention" means placement of the juvenile in the custody of the
juvenile's parent, guardian, or custodian in a physically nonrestrictive
environment under the supervision of and funded by the local government
department of youth services or equivalent department with electronic
monitoring or department staff monitoring. Placement in group homes and foster
homes is subject to available funds;
(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 1, 2, and 3 of this act shall take effect July 1, 1994.
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