BP BHEAD INT H

AN ACT Relating to firearms; amending RCW 9.41.070, 9.41.230, 9.41.240, 9.41.270, and 13.40.0357; and prescribing penalties.

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

Sec. 1. RCW 9.41.070 and 1992 c 168 s 1 are each amended to read as follows:

(1) The judge of a court of record, the chief of police of a municipality, or the sheriff of a county, shall within thirty days after the filing of an application of any person issue a license to such person to carry a pistol concealed on his or her person within this state for four years from date of issue, for the purposes of protection or while engaged in business, sport, or while traveling. However, if the applicant does not have a valid permanent Washington driver's license or Washington state identification card or has not been a resident of the state for the previous consecutive ninety days, the issuing authority shall have up to sixty days after the filing of the application to issue a license. Such ((~~applicant's constitutional right to bear arms~~)) application shall not be denied, unless ((~~he or she~~)) the applicant:

(a) Is ineligible to own a pistol under the provisions of RCW 9.41.040; or

(b) Is under ((~~twenty‑one~~)) eighteen years of age; or

(c) Is subject to a court order or injunction ((~~regarding firearms~~)) pursuant to RCW 10.99.040, 10.99.045, ((or)) 26.09.060, 26.10.115, 26.26.137, 26.50.060, or 26.50.070; or

(d) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime of violence or felony; or

(e) Has an outstanding warrant for his or her arrest from any court of competent jurisdiction for a felony or misdemeanor; or

(f) Has been ordered to forfeit a firearm under RCW 9.41.098(1)(d) within one year before filing an application to carry a pistol concealed on his or her person; or

(g) Has been convicted of any ((of the following offenses: Assault in the third degree, indecent liberties, malicious mischief in the first degree, possession of stolen property in the first or second degree, or theft in the first or second degree)) felony, or of any violation of RCW 9.41.080, 9.41.230, 9.41.240, 9.41.270, 9.41.280, or 9.41.300. Any person who becomes ineligible for a concealed pistol permit as a result of a conviction for a crime listed in this subsection (1)(g) and then successfully completes all terms of his or her sentence, as evidenced by a certificate of discharge issued under RCW 9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again been convicted of any crime and is not under indictment for any crime, may, one year or longer after such successful sentence completion, petition the district court for a declaration that the person is no longer ineligible for a concealed pistol permit under this subsection (1)(g); or

(h) Has been committed by court order for treatment of mental illness under RCW 71.05.320 or chapter 10.77 RCW, or equivalent statutes of another jurisdiction, and who has not at the time of application had his or her right to possess a firearm restored by the methods provided by law; or

(i) Has failed to present evidence of competence with a pistol. Any of the following items shall suffice as evidence of competence with a pistol:

(i) Evidence of completion of a hunter education or hunter safety course approved by the department of fish and wildlife or a similar agency of another state if pistol safety was a component of the course;

(ii) Evidence of completion of a national rifle association firearm safety training course if pistol safety was a component of the course;

(iii) Evidence of completion of a firearm safety training course conducted by a firearm instructor certified by a law enforcement agency or the national rifle association if pistol safety was a component of the course;

(iv) Evidence of completion of a firearm safety training course offered by the criminal justice training commission for security guards, investigators, or any law enforcement officer, if pistol safety was a component of the course;

(v) Evidence of equivalent experience with a pistol through participation in organized shooting competition or military experience; or

(vi) Evidence of a satisfactory score on a test, approved or administered by the local law enforcement agency, taken in lieu of a firearm safety training course. The test shall cover the safe handling and use of pistols, and laws concerning firearms, including the legal use of deadly force. Nothing in this subsection shall require a local law enforcement agency to approve or administer a test.

The provisions of this subsection (1)(i) shall not apply to applicants for license renewals.

(2) Any person whose firearms rights have been restricted and who has been granted relief from disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C. Sec. 921(a)(20) shall have his or her right to acquire, receive, transfer, ship, transport, carry, and possess firearms in accordance with Washington state law restored.

(3) The license shall be revoked by the issuing authority immediately upon conviction of a crime which makes such a person ineligible to own a pistol or upon the ((~~third~~)) second conviction for a violation of this chapter ((~~within five calendar years~~)).

(4) Upon an order to forfeit a firearm under RCW 9.41.098(1)(d) the issuing authority shall:

(a) On the first forfeiture, revoke the license for one year;

(b) On the second forfeiture, revoke the license for two years;

Any person whose license is revoked as a result of a forfeiture of a firearm under RCW 9.41.098(1)(d) may not reapply for a new license until the end of the revocation period. The issuing authority shall notify, in writing, the department of licensing upon revocation of a license. The department of licensing shall record the revocation.

(5) The license shall be in triplicate, in form to be prescribed by the department of licensing, and shall bear the name, address, and description, fingerprints, and signature of the licensee, and the licensee's driver's license number or state identification card number if used for identification in applying for the license. The license application shall contain a warning substantially as follows:

CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.

The license application shall contain a description of the major differences between state and federal law and an explanation of the fact that local laws and ordinances on firearms are preempted by state law and must be consistent with state law. The application shall contain questions about the applicant's place of birth, whether the applicant is a United States citizen, and if not a citizen whether the applicant has declared the intent to become a citizen and whether he or she has been required to register with the state or federal government and any identification or registration number, if applicable. The applicant shall not be required to produce a birth certificate or other evidence of citizenship. An applicant who is not a citizen shall provide documentation showing resident alien status and the applicant's intent to become a citizen. A person who makes a false statement regarding citizenship on the application is guilty of a misdemeanor. A person who is not a citizen of the United States, or has not declared his or her intention to become a citizen shall meet the additional requirements of RCW 9.41.170.

The original thereof shall be delivered to the licensee, the duplicate shall within seven days be sent by registered mail to the director of licensing and the triplicate shall be preserved for six years, by the authority issuing said license.

(6) The fee for the original issuance of a four‑year license shall be twenty‑three dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the issuance of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Four dollars shall be paid to the agency taking the fingerprints of the person licensed;

(d) Three dollars to the firearms range account in the general fund.

(7) The fee for the renewal of such license shall be fifteen dollars: PROVIDED, That no other additional charges by any branch or unit of government shall be borne by the applicant for the renewal of the license: PROVIDED FURTHER, That the fee shall be distributed as follows:

(a) Four dollars shall be paid to the state general fund;

(b) Eight dollars shall be paid to the issuing authority for the purpose of enforcing this chapter; and

(8) Payment shall be by cash, check, or money order at the option of the applicant. Additional methods of payment may be allowed at the option of the issuing authority.

(9) A licensee may renew a license if the licensee applies for renewal within ninety days before or after the expiration date of the license. A license so renewed shall take effect on the expiration date of the prior license. A licensee renewing after the expiration date of the license must pay a late renewal penalty of ten dollars in addition to the renewal fee specified in subsection (7) of this section. The fee shall be distributed as follows:

(a) Three dollars shall be deposited in the state wildlife fund and used exclusively for the printing and distribution of a pamphlet on the legal limits of the use of firearms, firearms safety, and the preemptive nature of state law. The pamphlet shall be given to each applicant for a license; and

(b) Seven dollars shall be paid to the issuing authority for the purpose of enforcing this chapter.

(10) Notwithstanding the requirements of subsections (1) through (9) of this section, the chief of police of the municipality or the sheriff of the county of the applicant's residence may issue a temporary emergency license for good cause pending review under subsection (1) of this section.

(11) A political subdivision of the state shall not modify the requirements of this section or chapter, nor may a political subdivision ask the applicant to voluntarily submit any information not required by this section. A civil suit may be brought to enjoin a wrongful refusal to issue a license or a wrongful modification of the requirements of this section or chapter. The civil suit may be brought in the county in which the application was made or in Thurston county at the discretion of the petitioner. Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded costs, including reasonable attorneys' fees, incurred in connection with such legal action.

Sec. 2. RCW 9.41.230 and 1909 c 249 s 307 are each amended to read as follows:

Every person who shall aim any gun, pistol, revolver or other firearm, whether loaded or not, at or towards any human being, or who shall willfully discharge any firearm, air gun or other weapon, or throw any deadly missile in a public place, or in any place where any person might be endangered thereby, although no injury result, shall be guilty of a ((~~misdemeanor~~)) class C felony.

Sec. 3. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, no ((~~minor~~)) person under the age of ((~~fourteen~~)) eighteen years shall handle or have in his or her possession or under his or her control, except while accompanied by or under the immediate charge of his or her parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class, any firearm of any kind for hunting or target practice or for other purposes. Every person violating any of the foregoing provisions, or aiding or knowingly permitting any ((~~such minor~~)) person under the age of eighteen years to violate the same, ((~~shall be~~)) is guilty of a misdemeanor.

(2) No person under the age of eighteen years shall handle or have in his or her possession or under his or her control any short firearm or pistol for hunting or target practice or for other purposes, except while accompanied by or under the immediate charge of his or her parent or guardian or other adult approved for the purposes of this section by the parent or guardian, provided that such parent, guardian, or other adult must possess a valid concealed weapon license, or while under the supervision of a certified safety instructor at an established gun range or firearm training class. Every person violating any provision of this section, or aiding or knowingly permitting any person under the age of eighteen years to violate the same, is guilty of a class C felony.

Sec. 4. RCW 9.41.270 and 1969 c 8 s 1 are each amended to read as follows:

(1) It shall be unlawful for anyone to carry, exhibit, display, or draw any firearm, dagger, sword, knife or other cutting or stabbing instrument, club, or any other weapon apparently capable of producing bodily harm, in a manner, under circumstances, and at a time and place that either manifests an intent to intimidate another or that warrants alarm for the safety of other persons.

(2) Any person violating the provisions of subsection (1) above shall be guilty of a ((~~gross misdemeanor~~)) class C felony.

(3) Subsection (1) of this section shall not apply to or affect the following:

(a) Any act committed by a person while in his or her place of abode or fixed place of business;

(b) Any person who by virtue of his or her office or public employment is vested by law with a duty to preserve public safety, maintain public order, or to make arrests for offenses, while in the performance of such duty;

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

(d) Any person making or assisting in making a lawful arrest for the commission of a felony; or

(e) Any person engaged in military activities sponsored by the federal or state governments.

Sec. 5. 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

CAiming or Discharging Firearm (9.41.230) D

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

CUse of Firearms by Minor (9.41.240(2)) D

D+Possession of Dangerous Weapon (9.41.250) E

((D)) CIntimidating Another Person by use of Weapon (9.41.270) ((E)) D

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

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

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.