2003-S

AN ACT Relating to juvenile offenders; amending RCW 13.40.020, 13.40.0357, and 13.40.040; and prescribing penalties.

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;

(3) "Community supervision" means an order of disposition by the court of an adjudicated youth. 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 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;

(d) Counseling; or

(e) Such other services to the extent funds are available for such services, conditions, or limitations as the court may require which may not include confinement;

(4) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a facility operated by or pursuant to a contract with any county. 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) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

(6) "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) "Department" means the department of social and health services;

(8) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender or any other person 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, 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) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

(10) "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) "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) "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) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

(14) "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;

(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.)) offenses with a B+ juvenile disposition offense category in RCW 13.40.0357 and burglary in the second degree.

For purposes of this definition, current violations shall be counted as misdemeanors;

(15) "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) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

(17) "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) "Secretary" means the secretary of the department of social and health services;

(19) "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) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

(21) "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) "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) "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.

Sec. 2. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:

SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY

JUVENILE DISPOSITION

JUVENILE CATEGORY FOR ATTEMPT,

DISPOSITION BAILJUMP,

OFFENSE CONSPIRACY, OR

CATEGORY DESCRIPTION (RCW CITATION) SOLICITATION

Arson and Malicious Mischief

AArson 1 (9A.48.020) B+

BArson 2 (9A.48.030) C

CReckless Burning 1 (9A.48.040) D

DReckless Burning 2 (9A.48.050) E

BMalicious Mischief 1 (9A.48.070) C

CMalicious Mischief 2 (9A.48.080) D

DMalicious Mischief 3 (<$50 is E class) (9A.48.090) E

ETampering with Fire Alarm Apparatus (9.40.100) E

APossession of Incendiary Device (9.40.120) B+

Assault and Other Crimes Involving Physical Harm

AAssault 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

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+

BBurglary 2 (9A.52.030) C

DBurglary Tools (Possession of) (9A.52.060) E

DCriminal Trespass 1 (9A.52.070) E

ECriminal Trespass 2 (9A.52.080) E

DVehicle Prowling (9A.52.100) E

Drugs

EPossession/Consumption of Alcohol (66.44.270) E

CIllegally Obtaining Legend Drug (69.41.020) D

C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030) D+

EPossession of Legend Drug (69.41.030) E

B+Violation of Uniform Controlled Substances Act - Narcotic Sale (69.50.401(a)(1)(i)) B+

CViolation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(ii)) C

EPossession of Marihuana <40 grams (69.50.401(e)) E

CFraudulently Obtaining Controlled Substance (69.50.403) C

C+Sale of Controlled Substance for Profit (69.50.410) C+

E((~~Glue Sniffing (9.47A.050)~~)) Unlawful Inhalation (9.47A.020) E

BViolation of Uniform Controlled Substances Act - Narcotic Counterfeit Substances (69.50.401(b)(1)(i)) B

CViolation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (ii), (iii), (iv)) C

CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d)) C

CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c)) C

Firearms and Weapons

((C+Committing Crime when Armed (9.41.025) D+))

ECarrying Loaded Pistol Without Permit (9.41.050) E

EUse of Firearms by Minor (<14) (9.41.240) E

D+Possession of Dangerous Weapon (9.41.250) E

DIntimidating 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

AKidnap 1 (9A.40.020) B+

B+Kidnap 2 (9A.40.030) C+

C+Unlawful Imprisonment (9A.40.040) D+

((DCustodial Interference (9A.40.050) E))

Obstructing Governmental Operation

EObstructing a Public Servant (9A.76.020) E

EResisting Arrest (9A.76.040) E

BIntroducing Contraband 1 (9A.76.140) C

CIntroducing Contraband 2 (9A.76.150) D

EIntroducing Contraband 3 (9A.76.160) E

B+Intimidating a Public Servant (9A.76.180) C+

B+Intimidating a Witness (9A.72.110) C+

ECriminal Contempt (9.23.010) E

Public Disturbance

C+Riot with Weapon (9A.84.010) D+

D+Riot Without Weapon (9A.84.010) E

EFailure to Disperse (9A.84.020) E

EDisorderly Conduct (9A.84.030) E

Sex Crimes

ARape 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+

BRape of a Child 2 (9A.44.076) C+

BIncest 1 (9A.64.020(1)) C

CIncest 2 (9A.64.020(2)) D

D+((~~Public Indecency~~)) Indecent Exposure (Victim <14) (9A.88.010) E

E((~~Public Indecency~~)) 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+

EO & A (Prostitution) (9A.88.030) E

B+Indecent Liberties (9A.44.100) C+

B+Child Molestation 1 (9A.44.083) C+

C+Child Molestation 2 (9A.44.086) C

CFailure to Register for Class A Sex Offense (9A.44.130(7)) D

DFailure to Register for less than a Class A Sex Offense (9A.44.130(7)) E

Theft, Robbery, Extortion, and Forgery

BTheft 1 (9A.56.030) C

CTheft 2 (9A.56.040) D

DTheft 3 (9A.56.050) E

BTheft of Livestock (9A.56.080) C

CForgery ((~~(9A.56.020)~~)) (9A.60.020) D

ARobbery 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+

BPossession of Stolen Property 1 (9A.56.150) C

CPossession of Stolen Property 2 (9A.56.160) D

DPossession of Stolen Property 3 (9A.56.170) E

CTaking Motor Vehicle Without Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

EDriving Without a License (46.20.021) E

CHit and Run - Injury (46.52.020(4)) D

DHit and Run-Attended (46.52.020(5)) E

EHit and Run-Unattended (46.52.010) E

CVehicular Assault (46.61.522) D

CAttempting to Elude Pursuing Police Vehicle (46.61.024) D

EReckless Driving (46.61.500) E

DDriving While Under the Influence (46.61.515) E

B+Negligent Homicide by Motor Vehicle (46.61.520) C+

DVehicle Prowling (9A.52.100) E

CTaking Motor Vehicle Without Owner's Permission (9A.56.070) D

Other

BBomb Threat (9.61.160) C

CEscape 11 (9A.76.110) C

CEscape 21 (9A.76.120) C

DEscape 3 (9A.76.130) E

CFailure to Appear in Court (10.19.130) D

ETampering with Fire Alarm Apparatus (9.40.100) E

EObscene, Harassing, Etc., Phone Calls (9.61.230) E

DStalking--No Prior Stalking (9A.46.110) D

CStalking--Prior Stalking (9A.46.110(5)) E

AOther Offense Equivalent to an Adult Class A Felony B+

BOther Offense Equivalent to an Adult Class B Felony C

COther Offense Equivalent to an Adult Class C Felony D

DOther Offense Equivalent to an Adult Gross Misdemeanor E

EOther Offense Equivalent to an Adult Misdemeanor E

VViolation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V

1 Escape 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

2 If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR

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

TIME SPAN

OFFENSE 0-12 13-24 25 Months

CATEGORY Months Months or More

A+ .9 .9 .9

A .9 .8 .6

A- .9 .8 .5

B+ .9 .7 .4

B .9 .6 .3

C+ .6 .3 .2

C .5 .2 .2

D+ .3 .2 .1

D .2 .1 .1

E .1 .1 .1

Prior 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).

SCHEDULE C

CURRENT OFFENSE POINTS

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

AGE

OFFENSE 12 &

CATEGORY Under 13 14 15 16 17

A+ STANDARD RANGE 180-224 WEEKS

A 250 300 350 375 375 375

A- 150 150 150 200 200 200

B+ 110 110 120 130 140 150

B 45 45 50 50 57 57

C+ 44 44 49 49 55 55

C 40 40 45 45 50 50

D+ 16 18 20 22 24 26

D 14 16 18 20 22 24

E 4 4 4 6 8 10

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1

This 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

OPTION A

STANDARD RANGE

Community

Community Service

Points Supervision Hours Fine

1-9 0-3 months and/or 0-8 and/or 0-$10

10-19 0-3 months and/or 0-8 and/or 0-$10

20-29 0-3 months and/or 0-16 and/or 0-$10

30-39 0-3 months and/or 8-24 and/or 0-$25

40-49 3-6 months and/or 16-32 and/or 0-$25

50-59 3-6 months and/or 24-40 and/or 0-$25

60-69 6-9 months and/or 32-48 and/or 0-$50

70-79 6-9 months and/or 40-56 and/or 0-$50

80-89 9-12 months and/or 48-64 and/or 0‑$100

90-109 9-12 months and/or 56-72 and/or 0-$100

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

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

OPTION C

MANIFEST INJUSTICE

When 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)~~))(2), as now or hereafter amended, shall be used to determine the range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2

This schedule may only be used for middle offenders. 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.

MIDDLE OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service Confinement

Points Supervision Hours F ine Days Weeks

1-9 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

10-19 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

20-29 0-3 months and/or 0-16 a nd/or 0-$10 and/or 0

30-39 0-3 months and/or 8-24 a nd/or 0-$25 and/or 2‑4

40-49 3-6 months and/or 16-32 a nd/or 0-$25 and/or 2‑4

50-59 3-6 months and/or 24-40 a nd/or 0-$25 and/or 5‑10

60-69 6-9 months and/or 32-48 a nd/or 0-$50 and/or 5‑10

70-79 6-9 months and/or 40-56 a nd/or 0-$50 and/or 10‑20

80-89 9-12 months and/or 48-64 a nd/or 0-$100 and/or 10‑20

90-109 9-12 months and/or 56-72 a nd/or 0-$100 and/or 15‑30

110-129 8-12

130-149 13-16

150-199 21-28

200-249 30-40

250-299 52-65

300-374 80-100

375+ 103-129

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

All A+ offenses 180-224 weeks

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

The 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.

OPTION C

MANIFEST INJUSTICE

If 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)~~))(2), as now or hereafter amended, shall be used to determine range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-3

This 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.

SERIOUS OFFENDER

OPTION A

STANDARD RANGE

Points Institution Time

0-129 8-12 weeks

130-149 13-16 weeks

150-199 21-28 weeks

200-249 30-40 weeks

250-299 52-65 weeks

300-374 80-100 weeks

375+ 103-129 weeks

All A+ Offenses 180-224 weeks

OPTION B

MANIFEST INJUSTICE

A 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)~~))(2), as now or hereafter amended, shall be used to determine the range.

Sec. 3. RCW 13.40.040 and 1979 c 155 s 57 are each amended to read as follows:

(1) A juvenile may be taken into custody:

(a) Pursuant to a court order if a complaint is filed with the court alleging, and the court finds probable cause to believe, that the juvenile has committed an offense or has violated terms of a disposition order or release order; or

(b) Without a court order, by a law enforcement officer if grounds exist for the arrest of an adult in identical circumstances. Admission to, and continued custody in, a court detention facility shall be governed by subsection (2) of this section; or

(d) Without a court order, where the secretary or the secretary's designee has suspended the parole ((~~of a juvenile offender~~)) or terminated the juvenile offender's involvement in the structured transition program.

(2) A juvenile may not be held in detention unless there is probable cause to believe that:

(a) The juvenile has committed an offense or has violated the terms of a disposition order; and

(i) The juvenile will likely fail to appear for further proceedings; or

(ii) Detention is required to protect the juvenile from himself or herself; or

(iii) The juvenile is a threat to community safety; or

(iv) The juvenile will intimidate witnesses or otherwise unlawfully interfere with the administration of justice; or

(v) The juvenile has committed a crime while another case was pending; or

(b) The juvenile is a fugitive from justice; or

(d) The juvenile is a material witness.

(3) Upon a finding that members of the community have threatened the health of a juvenile taken into custody, at the juvenile's request the court may order continued detention pending further order of the court.

(4) A juvenile detained under this section may be released upon posting bond set by the court. A court authorizing such a release shall issue an order containing a statement of conditions imposed upon the juvenile and shall set the date of his or her next court appearance. The court shall advise the juvenile of any conditions specified in the order and may at any time amend such an order in order to impose additional or different conditions of release upon the juvenile or to return the juvenile to custody for failing to conform to the conditions imposed. Failure to appear on the date scheduled by the court pursuant to this section shall constitute the crime of bail jumping.