H-3648.1  _______________________________________________

 

                          HOUSE BILL 2747

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Representatives Conway, Lemmon, Morris, Long, Campbell, Forner, Van Luven, Talcott, Brough, Holm, Roland, Shin, Johanson, Pruitt, Rayburn, Moak, Valle, Jones, L. Johnson, Karahalios, Springer, Ogden and Quall

 

Read first time 01/21/94.  Referred to Committee on Corrections.

 

Revising standards for punishment of juvenile offenders.


    AN ACT Relating to juveniles; amending RCW 13.40.020, 13.40.025, 13.40.027, 13.40.030, 13.40.070, 13.40.150, 13.40.160, 13.40.180, 13.40.205, 13.40.210, 13.40.230, 13.50.010, and 72.09.300; adding new sections to chapter 13.40 RCW; creating new sections; repealing RCW 13.40.0354 and 13.40.0357; prescribing penalties; and providing an effective date.

 

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

 

    NEW SECTION.  Sec. 1.  The legislature finds that the juvenile justice act of 1977, chapter 13.40 RCW, requires substantial revision.  The legislature reaffirms the goals of the act, including the dual goals of punishment and rehabilitation of juvenile offenders.  The legislature finds, however, that the substantive provisions of the act are too structured to achieve fully the act's goals.

    The framework created by the act has diminishing relevance to today's violent and persistent offenders.  Juveniles are committing increasingly violent crimes, and they are committing these violent crimes at an increasingly younger age.  Simultaneously, juveniles habitually commit minor offenses.  Dispositions prescribed by the act are not long enough to permit substantial rehabilitation of violent offenders, and minor offenders receive no meaningful intervention.  The fixed system established by the act restricts the judiciary's efforts to tailor punishment and rehabilitation to the juvenile's individual needs.  Additionally, substantial delays occur before the juvenile offender is held accountable for criminal acts.

    Juvenile offenders must learn personal accountability and must accept responsibility for their criminal behavior.  To this end, the juvenile system must provide a swift response, meaningful punishment, and effective rehabilitation.  Therefore, this act seeks to accomplish the following goals:  (1) Increasing the speed of the juvenile justice system's response to juvenile offenders' criminal behavior; (2) increasing the certainty of punishment and intervention; (3) increasing judicial discretion and permitting judges to tailor dispositions to the juvenile's offense; (4) expanding the range of disposition alternatives to permit meaningful punishment and effective rehabilitation; (5) increasing the likelihood that juveniles will comply with the terms of their dispositions by creating compliance incentives and, if necessary, placing the juveniles in supportive out-of-home placements; and (6) reducing the complexity of the system.

 

    NEW SECTION.  Sec. 2.  The association of superior court judges shall be December 1, 1994, recommend to the legislature standards to guide the court's discretion at significant stages of the juvenile justice process.  The recommendation should include standards to guide:

    (1) The decision to defer adjudication;

    (2) The decision to suspend a sentence;

    (3) The setting of rehabilitative goals in disposition order that includes commitment to the department of social and health services;

    (4) The determination that a juvenile has or has not met the rehabilitative goals during the term of commitment to the department of social and health services; and

    (5) The decision to set a date for a juvenile's release from the department of social and health services' custody.

   

 

    Sec. 3.  RCW 13.40.020 and 1993 c 373 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))) (2) "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.  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))) (3) 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;

    (((5))) (4) "Community-based rehabilitation" means one or more of the following:  Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, or other services; placement in a group home or foster care; 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))) (5) "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;

    (((7))) (6) "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 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;

    (((8))) (7) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

    (((9))) (8) "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;

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

    (((11))) (10) "Detention facility" means a county 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))) (11) "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 13.40.080, or any person or entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter;

    (((13))) (12) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

    (((14))) (13) "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;

    (((15))) (14) "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;

    (((16))) (15) "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;

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

    (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;

    (19))) (16) "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;

    (((20))) (17) "Placement out of the home" means placement for twenty-four hour residential care in foster or group care, or with a legally authorized custodian.  Placement out of the home in county or state-funded placements is subject to available funds and beds;

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

    (((21))) (19) "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;

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

    (((23))) (21) "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;

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

    (((25))) (23) "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;

    (((26))) (24) "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;

    (((27))) (25) "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;

    (26) "Violent offense" means a violent offense as defined in RCW 9.94A.030.

 

    Sec. 4.  RCW 13.40.025 and 1986 c 288 s 8 are each amended to read as follows:

    (1) There is established a juvenile disposition standards commission to propose disposition standards to the legislature in accordance with RCW 13.40.030 and perform the other responsibilities set forth in this chapter.

    (2) The commission shall be composed of the secretary or the secretary's designee and the following ((nine)) members appointed by the governor, subject to confirmation by the senate:  (a) ((A)) Two superior court judges; (b) ((a)) two prosecuting ((attorney)) or deputy prosecuting attorneys; (c) a law enforcement officer; (d) an administrator of juvenile court services; (e) ((a)) two public defenders actively practicing in juvenile court; (f) a county legislative official or county executive; ((and)) (g) three other persons who have demonstrated significant interest in the adjudication and disposition of juvenile offenders; and (h) one member from each of the two largest caucuses of both the senate and the house of representatives, who shall be nonvoting members.  In making the appointments, the governor shall seek the recommendations of the association of superior court judges in respect to the members who ((is a)) are superior court judges; of Washington prosecutors in respect to the prosecuting ((attorney)) or deputy prosecuting attorney members; of the Washington association of sheriffs and police chiefs in respect to the member who is a law enforcement officer; of juvenile court administrators in respect to the member who is a juvenile court administrator; and of the state bar association in respect to the public defender member; and of the Washington association of counties in respect to the member who is either a county legislative official or county executive.

    (3) The ((secretary or the secretary's designee)) governor shall ((serve as chairman)) designate the chair of the commission.

    (4) The secretary shall serve on the commission during the secretary's tenure as secretary of the department.  The term of the remaining members of the commission shall be three years.  The initial terms shall be determined by lot conducted at the commission's first meeting as follows:  (a) Four members shall serve ((a two-year)) one-year terms; ((and)) (b) four members shall serve ((a three-year)) two-year term; and (c) six members shall serve three-year terms.  In the event of a vacancy, the appointing authority shall designate a new member to complete the remainder of the unexpired term.

    (5) Commission members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.  Members shall be compensated in accordance with RCW 43.03.240.

    (6) The commission shall meet at least once every three months.

 

    Sec. 5.  RCW 13.40.027 and 1993 c 415 s 9 are each amended to read as follows:

    (1) It is the responsibility of the commission to:

    (a)(i) Evaluate the effectiveness of existing disposition standards and related statutes in implementing policies set forth in RCW 13.40.010 generally((,));

    (ii) ((specifically)) Review ((the guidelines relating to the confinement of minor and first offenders as well as)) the use of diversion, ((and)) deferred adjudications, and suspended confinement or commitment;

    (iii) Review the application of current and proposed juvenile sentencing standards and guidelines for potential adverse impacts on the sentencing outcomes of racial and ethnic minority youth; and

    (iv) Evaluate the effectiveness of existing disposition standards in light of juvenile offenders' rehabilitative needs;

    (b) Solicit the comments and suggestions of the juvenile justice community, including juvenile justice advisory committees of local law and justice councils, concerning disposition standards, effectiveness, and proportionality; ((and))

    (c) Make recommendations to the legislature regarding revisions or modifications of the disposition standards in accordance with RCW 13.40.030; and

    (d) If the commission identifies racial or other disproportionalities at any stage of administration of juvenile justice, in its annual report identify the disproportionalities and make recommendations for corrective measures.

    The evaluations shall be submitted to the legislature on December 1 of each ((even-numbered)) year ((thereafter)).

    (2) ((It is the responsibility of the department to:  (a) Provide the commission with available data concerning the implementation of the disposition standards and related statutes and their effect on the performance of the department's responsibilities relating to juvenile offenders; (b) at the request of the commission, provide technical and administrative assistance to the commission in the performance of its responsibilities; and (c) provide the commission and legislature with recommendations for modification of the disposition standards.))  The office of financial management shall determine the appropriate staffing level for the commission to provide a research staff of sufficient size and with sufficient resources to accomplish its duties.  The salary for a full-time executive officer, if any, shall be fixed by the governor under RCW 43.03.040.

    (3) The commission may request from the office of financial management, the administrator for the courts, local law and justice councils, and the department such data, information, and data processing assistance as it may need to accomplish its duties, and the services shall be provided without cost to the commission.  The department and other organizations or individuals shall provide the commission and the legislature with recommendations for modification of the disposition standards.  The commission shall have rule-making authority to develop a system for fulfilling its identified data needs.

    (4) The commission shall conduct a study to determine the capacity of rehabilitative facilities and programs that are or will be available.  While the commission need not consider the capacity in arriving at its recommendations, the commission shall project whether the implementation of its recommendations would result in exceeding the capacity.  If the commission finds that this result would probably occur, then the commission shall prepare an additional list of standard sentences that shall be consistent with the capacity.

    (5) The commission shall study the existing juvenile justice code and from time to time make recommendations to the legislature for modification.

    (6) The commission shall adopt its own bylaws.

 

    Sec. 6.  RCW 13.40.030 and 1989 c 407 s 3 are each amended to read as follows:

    (((1)(a) The juvenile disposition standards commission shall recommend to the legislature no later than November 1st of each year disposition standards for all offenses.  The standards shall establish, in accordance with the purposes of this chapter, ranges which may include terms of confinement and/or community supervision established on the basis of a youth's age, the instant offense, and the history and seriousness of previous offenses, but in no case may the period of confinement and supervision exceed that to which an adult may be subjected for the same offense(s).  Standards recommended for offenders listed in RCW 13.40.020(1) shall include a range of confinement which may not be less than thirty days.  No standard range may include a period of confinement which includes both more than thirty, and thirty or less, days.  Disposition standards recommended by the commission shall provide that in all cases where a youth is sentenced to a term of confinement in excess of thirty days the department may impose an additional period of parole not to exceed eighteen months.  Standards of confinement which may be proposed may relate only to the length of the proposed terms and not to the nature of the security to be imposed.  In developing recommended disposition standards, the commission shall consider the capacity of the state juvenile facilities and the projected impact of the proposed standards on that capacity.

    (b))) The secretary shall submit guidelines pertaining to the nature of the security to be imposed on youth placed in his or her custody based on the age, offense(s), and criminal history of the juvenile offender.  Such guidelines shall be submitted to the legislature for its review no later than November 1st of each year.  At the same time the secretary shall submit a report on security at juvenile facilities during the preceding year.  The report shall include the number of escapes from each juvenile facility, the most serious offense for which each escapee had been confined, the number and nature of offenses found to have been committed by juveniles while on escape status, the number of authorized leaves granted, the number of failures to comply with leave requirements, the number and nature of offenses committed while on leave, and the number and nature of offenses committed by juveniles while in the community on minimum security status; to the extent this information is available to the secretary.  The department shall include security status definitions in the security guidelines it submits to the legislature pursuant to this section.

    (((2) In developing recommendations for the permissible ranges of confinement under this section the commission shall be subject to the following limitations:

    (a) Where the maximum term in the range is ninety days or less, the minimum term in the range may be no less than fifty percent of the maximum term in the range;

    (b) Where the maximum term in the range is greater than ninety days but not greater than one year, the minimum term in the range may be no less than seventy-five percent of the maximum term in the range; and

    (c) Where the maximum term in the range is more than one year, the minimum term in the range may be no less than eighty percent of the maximum term in the range.))

 

    Sec. 7.  RCW 13.40.070 and 1992 c 205 s 107 are each amended to read as follows:

    (1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:

    (a) The alleged facts bring the case within the jurisdiction of the court; and

    (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.

    (2) If the identical alleged acts constitute an offense under both the law of this state and an ordinance of any city or county of this state, state law shall govern the prosecutor's screening and charging decision for both filed and diverted cases.

    (3) If the requirements of subsections (1) (a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section.  If the prosecutor finds that the requirements of subsection (1) (a) and (b) of this section are not met, the prosecutor shall maintain a record, for one year, of such decision and the reasons therefor.  In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify community supervision where such offense constitutes a violation of community supervision.

    (4) An information shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged.  It shall be signed by the prosecuting attorney and conform to chapter 10.37 RCW.

    (5) Where a case is legally sufficient, the prosecutor shall file an information with the juvenile court if:

    (a) An alleged offender is accused of a class A felony, a class B felony, an attempt to commit a class B felony, or a class C felony listed in RCW 9.94A.440(2) as a crime against persons((,)) or ((any other offense listed in RCW 13.40.020(1) (b) or (c))) in RCW 9A.46.060 as a crime of harassment; or

    (b) An alleged offender is accused of a felony and has a criminal history of ((at least one class A or class B felony, or two class C felonies)) any felony, or at least two gross misdemeanors, or at least two misdemeanors ((and one additional misdemeanor or gross misdemeanor, or at least one class C felony and one misdemeanor or gross misdemeanor)); or

    (c) An alleged offender has previously been committed to the department; or

    (d) An alleged offender has been referred by a diversion unit for prosecution or desires prosecution instead of diversion; or

    (e) An alleged offender has three or more diversion((s)) contracts on the alleged offender's criminal history.

    (6) Where a case is legally sufficient the prosecutor shall divert the case if the alleged offense is a misdemeanor or gross misdemeanor or violation and the alleged offense(((s) in combination with the alleged offender's criminal history do not exceed two offenses or violations and do not include any felonies:  PROVIDED, That)) is the offender's first offense or violation.  If the alleged offender is charged with a related offense that must or may be filed under subsections (5) and (7) of this section, a case under this subsection may also be filed.

    (7) Where a case is legally sufficient and falls into neither subsection (5) nor (6) of this section, it may be filed or diverted.  In deciding whether to file or divert an offense under this section the prosecutor shall be guided only by the length, seriousness, and recency of the alleged offender's criminal history ((and)), the circumstances surrounding the commission of the alleged offense, and the appropriateness of other disposition options available.

    (8) Whenever a juvenile is placed in custody or, where not placed in custody, referred to a diversionary interview, the parent or legal guardian of the juvenile shall be notified as soon as possible concerning the allegation made against the juvenile and the current status of the juvenile.  Where a case involves victims of crimes against persons or victims whose property has not been recovered at the time a juvenile is referred to a diversionary unit, the victim shall be notified of the referral and informed how to contact the unit.

    (9) The responsibilities of the prosecutor under subsections (1) through (8) of this section may be performed by a juvenile court probation counselor for any complaint referred to the court alleging the commission of an offense which would not be a felony if committed by an adult, if the prosecutor has given sufficient written notice to the juvenile court that the prosecutor will not review such complaints.

    (10) The prosecutor, juvenile court probation counselor, or diversion unit may, in exercising their authority under this section or RCW 13.40.080, refer juveniles to mediation or victim offender reconciliation programs.  Such mediation or victim offender reconciliation programs shall be voluntary for victims.

 

    NEW SECTION.  Sec. 8.  A new section is added to chapter 13.40 RCW to read as follows:

    (1) At any time before adjudication, the juvenile court has the power, with the consent of the juvenile and the prosecuting attorney, to continue the case for a period not to exceed one year from the date of entry of the plea or finding of guilt.  The court may continue the case for an additional one-year period for good cause.

    (2) Any juvenile granted a deferral of adjudication under this section shall be placed under community supervision.  The court may impose any conditions of supervision that it deems appropriate.  Payment of restitution, as provided in RCW 13.40.190 shall also be a condition of community supervision under this section.

    (3) Upon full compliance with such conditions of supervision, the plea of the juvenile or finding of guilt by the court shall be withdrawn and the case dismissed with prejudice.

    (4) If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to disposition.  The juvenile's lack of compliance shall be determined by the judge upon written motion by the prosecutor or the juvenile's juvenile court probation counselor.  The state shall bear the burden to prove by a preponderance of the evidence that the juvenile has failed to comply with the terms of community supervision. 

    (5) If the juvenile agrees to a deferral of adjudication, the juvenile shall waive all rights:

    (a) To a speedy trial and disposition;

    (b) To call and confront witnesses; and

    (c) To a hearing on the record.  The adjudicatory hearing shall be limited to a reading of the court's record.

    (6)(a) In addition to imposing conditions of community supervision, the court may order that the juvenile be placed in a placement out of the home if the court finds that the child is in need of supervision and that placement of the child out of the home is in the child's best interests.  The court shall consider the following factors, among others, when determining whether to place the child out of the home:

    (i) The age of the youth;

    (ii) Whether the child has a history of running away from home, school absences, drug or alcohol abuse, assaultive behavior, curfew violations, or is beyond the control of his or her parent to the extent that the child's behavior substantially endangers the health, safety, or welfare of the child or any other person;

    (iii) The probation officer's report concerning the family environment;

    (iv) Assessment of the child's chances of successfully complying with the terms of community supervision if the child remains in the home; and

    (v) The wishes of the parents, the parent's willingness and ability to assist the child in complying with the terms of community supervision, and the parent's willingness and ability to voluntarily attend counseling or parenting seminars, or to seek treatment if the parent, in the court's determination, has drug or alcohol problems, mental health problems, or anger management problems.

    (b) If the court finds that placement out of the home is necessary and is in the best interests of the juvenile and community, the court shall, subject to available funds and beds, place the juvenile in a placement that most appropriately meets the needs of the juvenile, the juvenile's family, and the community.  In making its decision regarding proper placement, the court shall accord great weight to the juvenile probation counselor's placement recommendation.

    (c) A placement out of the home shall not exceed one year.  The court shall review the placement every ninety days.

    (d) The court shall enter findings articulating the basis for the placement and the basis for selecting the particular placement.

    (e) If the court places a juvenile in an out of home placement funded by the county, and the receiving agency determines that the child is inappropriately placed, the agency may file a petition for reconsideration with the court no later than thirty days after placement.  

    (f) Nothing in this section authorizes a juvenile court judge to place a juvenile in a state-funded out of home placement unless the department agrees to the placement.

    (7) This section shall not apply if the juvenile is charged with a violent or sex offense or if the juvenile has had a prior adjudication.

 

    Sec. 9.  RCW 13.40.150 and 1992 c 205 s 109 are each amended to read as follows:

    (1) In disposition hearings all relevant and material evidence, including oral and written reports, may be received by the court and may be relied upon to the extent of its probative value, even though such evidence may not be admissible in a hearing on the information.  The youth or the youth's counsel and the prosecuting attorney shall be afforded an opportunity to examine and controvert written reports so received and to cross-examine individuals making reports when such individuals are reasonably available, but sources of confidential information need not be disclosed.  The prosecutor and counsel for the juvenile may submit recommendations for disposition.

    (2) For purposes of disposition:

    (a) ((Violations which are current offenses count as misdemeanors;

    (b))) Violations may not count as part of the offender's criminal history;

    (((c))) (b) In no event may a disposition for a violation include confinement.

    (3) Before entering a dispositional order as to a respondent found to have committed an offense, the court shall hold a disposition hearing, at which the court shall:

    (a) Consider the facts supporting the allegations of criminal conduct by the respondent;

    (b) Consider information and arguments offered by parties and their counsel;

    (c) Consider any predisposition reports;

    (d) Consult with the respondent's parent, guardian, or custodian on the appropriateness of dispositional options under consideration and afford the respondent and the respondent's parent, guardian, or custodian an opportunity to speak in the respondent's behalf;

    (e) Allow the victim or a representative of the victim and an investigative law enforcement officer to speak;

    (f) Determine the amount of restitution owing to the victim, if any;

    (g) ((Determine whether the respondent is a serious offender, a middle offender, or a minor or first offender)) Consider the types of treatment, therapy, education, and other rehabilitative services that would be most effective at rehabilitating the offender;

    (h) Consider whether or not any of the following mitigating factors exist:

    (i) The respondent's conduct neither caused nor threatened serious bodily injury or the respondent did not contemplate that his or her conduct would cause or threaten serious bodily injury;

    (ii) The respondent acted under strong and immediate provocation;

    (iii) The respondent was suffering from a mental or physical condition that significantly reduced his or her culpability for the offense though failing to establish a defense;

    (iv) Prior to his or her detection, the respondent compensated or made a good faith attempt to compensate the victim for the injury or loss sustained; and

    (v) There has been at least one year between the respondent's current offense and any prior criminal offense;

    (i) Consider whether or not any of the following aggravating factors exist:

    (i) In the commission of the offense, or in flight therefrom, the respondent inflicted or attempted to inflict serious bodily injury to another;

    (ii) The offense was committed in an especially heinous, cruel, or depraved manner;

    (iii) The victim or victims were particularly vulnerable;

    (iv) The respondent has a recent criminal history or has failed to comply with conditions of a recent dispositional order or diversion agreement;

    (v) The current offense included a finding of sexual motivation pursuant to RCW 9.94A.127;

    (vi) The respondent was the leader of a criminal enterprise involving several persons; and

    (vii) There are other complaints which have resulted in diversion or a finding or plea of guilty but which are not included as criminal history.

    (4) The following factors may not be considered in determining the punishment to be imposed:

    (a) The sex of the respondent;

    (b) The race or color of the respondent or the respondent's family;

    (c) The creed or religion of the respondent or the respondent's family;

    (d) The economic or social class of the respondent or the respondent's family; and

    (e) Factors indicating that the respondent may be or is a dependent child within the meaning of this chapter.

    (5) A court may not commit a juvenile to a state institution solely because of the lack of facilities, including treatment facilities, existing in the community.

 

    Sec. 10.  RCW 13.40.160 and 1992 c 45 s 6 are each amended to read as follows:

    (1) ((When the respondent is found to be a serious offender, the court shall commit the offender to the department for the standard range of disposition for the offense, as indicated in option A of schedule D-3, RCW 13.40.0357 except as provided in subsection (5) of this section.

    If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option B of schedule D-3, RCW 13.40.0357.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

    A disposition outside the standard range shall be determinate 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 thirty days, 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 the range.  A disposition outside the standard range is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent.  A disposition within the standard range is not appealable under RCW 13.40.230 as now or hereafter amended.

    (2) Where the respondent is found to be a minor or first offender, the court shall order that the respondent serve a term of community supervision as indicated in option A or option B of schedule D-1, RCW 13.40.0357 except as provided in subsection (5) of this section.  If the court determines that a disposition of community supervision would effectuate a manifest injustice the court may impose another disposition under option C of schedule D-1, RCW 13.40.0357.  Except as provided in subsection (5) of this section, a disposition other than a community supervision may be imposed only after the court enters reasons upon which it bases its conclusions that imposition of community supervision would effectuate a manifest injustice.  When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, 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 the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

    Except for disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section, a  disposition may be appealed as provided in RCW 13.40.230, as now or hereafter amended, by the state or the respondent.  A disposition of community supervision or a disposition imposed pursuant to subsection (5) of this section may not be appealed under RCW 13.40.230 as now or hereafter amended.

    (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2) as now or hereafter amended.

    (4) If a respondent is found to be a middle offender:

    (a) The court shall impose a determinate disposition within the standard range(s) for such offense, as indicated in option A of schedule D-2, RCW 13.40.0357 except as provided in subsection (5) of this section:  PROVIDED, That if the standard range includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement; or

    (b) The court shall impose a determinate disposition of community supervision and/or up to thirty days confinement, as indicated in option B of schedule D-2, RCW 13.40.0357 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.

    (c) Only if the court concludes, and enters reasons for its conclusions, that disposition as provided in subsection (4)(a) or (b) of this section 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 the range.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

    (d) A disposition pursuant to subsection (4)(c) of this section is appealable under RCW 13.40.230, as now or hereafter amended, by the state or the respondent.  A disposition pursuant to subsection (4) (a) or (b) of this section is not appealable under RCW 13.40.230 as now or hereafter amended.

    (5))) The court may impose a disposition as provided in this section for any juvenile adjudicated for an offense.

    (2) The court shall consider various factors, including but not limited to the following, when determining a disposition:

    (a) The juvenile's age and maturity;

    (b) The juvenile's criminal history and the recency of that criminal history;

    (c) Whether the juvenile has had prior deferrals of adjudications;

    (d) Whether the juvenile complied with the terms of the disposition imposed for prior offenses;

    (e) The seriousness of the offense;

    (f) Whether the juvenile's adjudication resulted from accomplice liability; and

    (g) Whether any aggravating or mitigating factors apply.

    (3)(a) For a juvenile adjudicated for a misdemeanor or a gross misdemeanor, the court shall impose a disposition comprised of any of the following:

    0 - 12 Months of community supervision;

    0 - 150 Hours of community service;

    0 - $100 Fine;

    0 - 30 Days in confinement if the juvenile has prior criminal history or a prior deferred adjudication.

    (b) The court shall not commit a juvenile adjudicated of a misdemeanor or gross misdemeanor to the department unless the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice.

    (4)(a) For a juvenile adjudicated of a class C or B felony that is not:  A violent offense, a crime against persons as defined in RCW 9.94A.440(2), or a crime of harassment as defined in RCW 9A.46.060, the court shall impose a disposition comprised of any of the following:

    0 - 12 Months of community supervision;

    0 - 150 Hours of community service;

    0 - $100 Fine;

    0 - 30 Days in confinement.

    (b) The court shall not commit a juvenile adjudicated under this subsection (4) to the department unless the court enters a finding that a disposition under (a) of this subsection would effectuate a manifest injustice, or the juvenile has a significant criminal history that would support a finding of an aggravating factor under RCW 13.40.150(3) if the criminal history was more recent.

    (c) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (4).

    (5)(a) For a juvenile adjudicated of a class C or B felony that is a crime against persons or a crime of harassment but is not a violent offense, the court shall impose a disposition comprised of the following:

     (i)  0 - 12 Months community supervision;

          0 - 150 Hours community service;

          0 - $100 Fine;

          0 - 30 Days in confinement; or

     (ii) 8 - 129 Weeks committed to the department.

     (b) The court shall not commit a juvenile adjudicated under this subsection (5) to the department in excess of one hundred twenty-nine weeks unless the court enters a finding that a disposition under this subsection (5) would effect a manifest injustice.  The basis for the manifest injustice must be a basis other than the offender's criminal history as described in RCW 13.40.150(3)(h)(iv).

     (c) The court may suspend all or a portion of any term of confinement or commitment imposed under this subsection (5).  In addition to the suspended confinement or commitment, the court may impose community supervision, community service, or a fine as provided in (a)(i) of this subsection.

     (6)(a) If a juvenile is adjudicated of a class A felony, an attempt to commit a class A felony, a sex or violent offense, or  an offense in which a finding was entered that the offender was armed with a deadly weapon as defined in RCW 9.94A.125 when the offense was committed, the court shall impose a disposition of the following:

     8 - 224 Weeks committed to the department.

     (b) The court shall not impose a disposition under this subsection (6) outside the standard range unless the court finds that imposition of the standard range would effectuate a manifest injustice.

     (7) In all cases, the court shall impose a determinate disposition.

     (8) If the court concludes, and enters reasons for its conclusion, that disposition within the presumptive range would effectuate a manifest injustice, the court shall impose a determinate disposition outside the standard range.  If the court imposes a disposition below the presumptive range due to a manifest injustice, the disposition shall be comprised of community supervision or confinement, or both. The court's finding of manifest injustice shall be supported by clear and convincing evidence.  A disposition outside the standard range shall be appealable under RCW 13.40.230, by the state or respondent.  A disposition within the standard range is not appealable.

     (9) In all cases, the court shall enter an order for restitution, if any is due to the victim, according to RCW 13.40.190.

     (10) In all disposition orders that include commitment to the department, the court shall make a finding of reasonable rehabilitative goals to be achieved by the juvenile during the commitment term.  These goals may include, by way of example and not limitation, completion of substance abuse treatment, completion of anger management courses, and achievement of academic, educational, or vocational goals, such as grade-level reading or GED completion.

     (11) When ((a serious, middle, or minor first)) an offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

     The report of the examination shall include at a minimum the following:  The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used.  The report shall set forth the sources of the evaluator's information.

     The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community.  A proposed treatment plan shall be provided and shall include, at a minimum:

     (a)(i) Frequency and type of contact between the offender and therapist;

     (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

     (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

     (iv) Anticipated length of treatment; and

     (v) Recommended crime-related prohibitions.

     The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment.  The evaluator shall be selected by the party making the motion.  The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

     After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.  If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, and the court may suspend the execution of the disposition and place the offender on community supervision for up to two years.  As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

     (b)(i) Devote time to a specific education, employment, or occupation;

     (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense.  A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment.  The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

     (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

     (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider.  This change shall have prior approval by the court;

     (v) Report as directed to the court and a probation counselor;

     (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof; or

     (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense.

     The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties.  The reports shall reference the treatment plan and include at a minimum the following:  Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

     At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

     Except as provided in this subsection (((5))) (11), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.  A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that:  (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (((5))) (11) and the rules adopted by the department of health.

     If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the sentence.  The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

     For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.  "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

     (((6))) (12) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

     (((7) Except as provided for in subsection (5) of this section, the court shall not suspend or defer the imposition or the execution of the disposition.

     (8) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.))

 

     Sec. 11.  RCW 13.40.180 and 1981 c 299 s 14 are each amended to read as follows:

     Where a disposition is imposed on a youth for two or more offenses, the terms shall run ((consecutively, subject to the following limitations: 

     (1) Where the offenses were committed through a single act or omission, omission, or through an act or omission which in itself constituted one of the offenses and also was an element of the other, the aggregate of all the terms shall not exceed one hundred fifty percent of the term imposed for the most serious offense;

     (2) The aggregate of all consecutive terms shall not exceed three hundred percent of the term imposed for the most serious offense; and

     (3) The aggregate of all consecutive terms of community supervision shall not exceed two years in length, or require payment of more than two hundred dollars in fines or the performance of more than two hundred hours of community service)) concurrently.

 

     Sec. 12.  RCW 13.40.205 and 1990 c 3 s 103 are each amended to read as follows:

     (1) A juvenile sentenced to a term of confinement to be served under the supervision of the department shall not be released from the physical custody of the department prior to the release date established under RCW 13.40.210 except as otherwise provided in this section.

     (2) A juvenile serving a term of confinement under the supervision of the department may be released on authorized leave from the physical custody of the department only if consistent with public safety and if:

     (a) Sixty percent of the ((minimum)) term of confinement has been served; and

     (b) The purpose of the leave is to enable the juvenile:

     (i) To visit the juvenile's family for the purpose of strengthening or preserving family relationships;

     (ii) To make plans for parole or release which require the juvenile's personal appearance in the community and which will facilitate the juvenile's reintegration into the community; or

     (iii) To make plans for a residential placement out of the juvenile's home which requires the juvenile's personal appearance in the community.

     (3) No authorized leave may exceed seven consecutive days.  The total of all pre-minimum term authorized leaves granted to a juvenile prior to final discharge from confinement shall not exceed thirty days.

     (4) Prior to authorizing a leave, the secretary shall require a written leave plan, which shall detail the purpose of the leave and how it is to be achieved, the address at which the juvenile shall reside, the identity of the person responsible for supervising the juvenile during the leave, and a statement by such person acknowledging familiarity with the leave plan and agreeing to supervise the juvenile and to notify the secretary immediately if the juvenile violates any terms or conditions of the leave.  The leave plan shall include such terms and conditions as the secretary deems appropriate and shall be signed by the juvenile.

     (5) Upon authorizing a leave, the secretary shall issue to the juvenile an authorized leave order which shall contain the name of the juvenile, the fact that the juvenile is on leave from a designated facility, the time period of the leave, and the identity of an appropriate official of the department to contact when necessary.  The authorized leave order shall be carried by the juvenile at all times while on leave.

     (6) Prior to the commencement of any authorized leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will reside during the leave period.  The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.

     (7) The secretary may authorize a leave, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family.  The secretary may authorize a leave, which shall not exceed the period of time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department.  In cases of emergency or medical leave the secretary may waive all or any portions of subsections (2)(a), (3), (4), (5), and (6) of this section.

     (8) If requested by the juvenile's victim or the victim's immediate family, the secretary shall give notice of any leave to the victim or the victim's immediate family.

     (9) A juvenile who violates any condition of an authorized leave plan may be taken into custody and returned to the department in the same manner as an adult in identical circumstances.

     (10) Notwithstanding the provisions of this section, a juvenile placed in minimum security status may participate in work, educational, community service, or treatment programs in the community up to twelve hours a day if approved by the secretary.  Such a release shall not be deemed a leave of absence.

     (11) Subsections (6), (7), and (8) of this section do not apply to juveniles covered by RCW 13.40.215.

 

     Sec. 13.  RCW 13.40.210 and 1990 c 3 s 304 are each amended to read as follows:

     (1) ((The secretary shall, except in the case of a juvenile committed by a court to a term of confinement in a state institution outside the appropriate standard range for the offense(s) for which the juvenile was found to be guilty established pursuant to RCW 13.40.030, as now or hereafter amended, set a release or discharge date for each juvenile committed to its custody which shall be within the prescribed range to which a juvenile has been committed.  Such dates shall be determined prior to the expiration of sixty percent of a juvenile's minimum term of confinement included within the prescribed range to which the juvenile has been committed.))  (a) When a juvenile is committed to a term of confinement in a state institution, the secretary shall review the sentencing court's finding of the rehabilitative goals to be achieved by the juvenile during the term of confinement.  The department shall provide rehabilitative resources, including by way of example education, vocational training, and treatment, to permit the juvenile to achieve these rehabilitative goals.

     (b) After expiration of no more than sixty percent of the juvenile's commitment term, the department shall prepare a report containing an evaluation of the juvenile's behavior and performance during commitment.  This report shall specifically describe the juvenile's progress toward achieving the designated rehabilitative goals.

     (c) The department shall present this report to the court.  The court, after considering the department's report, shall determine a release or discharge date for the juvenile.  If the court sets a release date prior to expiration of the original term, the court may suspend the remainder of the term.

     (d) Nothing in this section entitles a juvenile to release prior to the expiration of the term of confinement imposed by the court.

     (e) The department shall establish by rule standards of good behavior, good performance, and progress toward rehabilitative goals.

     (f) After the court determines a release date, the secretary shall release any juvenile committed to the custody of the department within four calendar days prior to the juvenile's release date or on the release date set under this chapter((:  PROVIDED, That)).  Days spent in the custody of the department shall be tolled by any period of time during which a juvenile has absented himself or herself from the department's supervision without the prior approval of the secretary or the secretary's designee.

     (2) The secretary shall monitor the average daily population of the state's juvenile residential facilities.  When the secretary concludes that in-residence population of residential facilities exceeds one hundred five percent of the rated bed capacity specified in statute, or in absence of such specification, as specified by the department in rule, the secretary may recommend reductions to the governor.  On certification by the governor that the recommended reductions are necessary, the secretary has authority to administratively release a sufficient number of offenders to reduce in-residence population to one hundred percent of rated bed capacity.  The secretary shall release those offenders who have served the greatest proportion of their sentence.  However, the secretary may deny release in a particular case at the request of an offender, or if the secretary finds that there is no responsible custodian, as determined by the department, to whom to release the offender, or if the release of the offender would pose a clear danger to society.  The department shall notify the committing court of the release at the end of each calendar year if any such early releases have occurred during that year as a result of excessive in-residence population.  In no event shall ((a serious)) an offender((, as defined in RCW 13.40.020(1))) adjudicated of a violent offense be granted release under the provisions of this subsection.

     (3) Following the juvenile's release pursuant to subsection (1) of this section, the secretary may require the juvenile to comply with a program of parole to be administered by the department in his or her community which shall last no longer than eighteen months, except that in the case of a juvenile sentenced for rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, or indecent liberties with forcible compulsion, the period of parole shall be twenty-four months.  A parole program is mandatory for offenders released under subsection (2) of this section.  The secretary shall, for the period of parole, facilitate the juvenile's reintegration into his or her community and to further this goal may require the juvenile to:  (a) Undergo available medical or psychiatric treatment; (b) report as directed to a parole officer; (c) pursue a course of study or vocational training; (d) remain within prescribed geographical boundaries and notify the department of any change in his or her address; and (e) refrain from committing new offenses.  After termination of the parole period, the juvenile shall be discharged from the department's supervision.

     (4) The department may also modify parole for violation thereof.  If, after affording a juvenile all of the due process rights to which he or she would be entitled if the juvenile were an adult, the secretary finds that a juvenile has violated a condition of his or her parole, the secretary shall order one of the following which is reasonably likely to effectuate the purpose of the parole and to protect the public:  (a) Continued supervision under the same conditions previously imposed; (b) intensified supervision with increased reporting requirements; (c) additional conditions of supervision authorized by this chapter; (d) except as provided in (e) of this subsection, imposition of a period of confinement not to exceed thirty days in a facility operated by or pursuant to a contract with the state of Washington or any city or county for a portion of each day or for a certain number of days each week with the balance of the days or weeks spent under supervision; and (e) the secretary may order any of the conditions or may return the offender to confinement in an institution for the remainder of the sentence range if the offense for which the offender was sentenced is rape in the first or second degree, rape of a child in the first or second degree, child molestation in the first degree, indecent liberties with forcible compulsion, or a sex offense that is also a serious violent offense as defined by RCW 9.94A.030.

     (5) A parole officer of the department of social and health services shall have the power to arrest a juvenile under his or her supervision on the same grounds as a law enforcement officer would be authorized to arrest such person.

     (6) If so requested and approved under chapter 13.06 RCW, the secretary shall permit a county or group of counties to perform functions under subsections (3) through (5) of this section.

 

     Sec. 14.  RCW 13.40.230 and 1981 c 299 s 16 are each amended to read as follows:

     (1) Dispositions reviewed pursuant to RCW 13.40.160((, as now or hereafter amended,)) shall be reviewed in the appropriate division of the court of appeals.

     An appeal under this section shall be heard solely upon the record that was before the disposition court.  No written briefs may be required, and the appeal shall be heard within thirty days following the date of sentencing and a decision rendered within fifteen days following the argument.  The supreme court shall promulgate any necessary rules to effectuate the purposes of this section.

     (2) To uphold a disposition outside the standard range, ((or which imposes confinement for a minor or first offender,)) the court of appeals must find (a) that the reasons supplied by the disposition judge are supported by the record which was before the judge and that those reasons clearly and convincingly support the conclusion that a disposition within the range((, or nonconfinement for a minor or first offender,)) would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient.

     (3) If the court does not find subsection (2)(a) of this section it shall remand the case for disposition within the standard range or for community supervision without confinement as would otherwise be appropriate pursuant to this chapter.

     (4) If the court finds subsection (2)(a) but not subsection (2)(b) of this section it shall remand the case with instructions for further proceedings consistent with the provisions of this chapter.

     (5) Pending appeal, a respondent may not be committed or detained for a period of time in excess of the standard range for the offense(s) committed or sixty days, whichever is longer.  The disposition court may impose conditions on release pending appeal as provided in RCW 13.40.040(4) and 13.40.050(6).  Upon the expiration of the period of commitment or detention specified in this subsection, the court may also impose such conditions on the respondent's release pending disposition of the appeal.

     (6) Appeal of a disposition under this section does not affect the finality or appeal of the underlying adjudication of guilt.

 

     NEW SECTION.  Sec. 15.  A new section is added to chapter 13.40 RCW to read as follows:

     The designation in statute or ordinance of a violation or crime as an infraction, misdemeanor, gross misdemeanor, or class A, B, or C felony shall determine the class of offense for purposes of this chapter.

 

     Sec. 16.  RCW 13.50.010 and 1993 c 374 s 1 are each amended to read as follows:

     (1) For purposes of this chapter:

     (a) "Juvenile justice or care agency" means any of the following:  Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the department of social and health services and its contracting agencies, schools, juvenile justice advisory committees of county law and justice councils; and, in addition, persons or public or private agencies having children committed to their custody;

     (b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;

     (c) "Social file" means the juvenile court file containing the records and reports of the probation counselor;

     (d) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case.

     (2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number.  The social file shall be filed separately from the official juvenile court file.

     (3) It is the duty of any juvenile justice or care agency to maintain accurate records.  To this end:

     (a) The agency may never knowingly record inaccurate information.  Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court, upon proof presented, to be false or inaccurate shall be corrected or expunged from such records by the agency;

     (b) An agency shall take reasonable steps to insure the security of its records and prevent tampering with them; and

     (c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.

     (4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.

     (5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person.  The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.

     (6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency.  If the court grants the motion, it shall order the record or information to be corrected or destroyed.

     (7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.

     (8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment, or to individuals or agencies engaged in legitimate research for educational, scientific, or public purposes, including juvenile justice advisory committees of county law and justice councils.  The court may also permit inspection of, or release of information from, records which have been sealed pursuant to RCW 13.50.050(11).  Access to records or information for research purposes shall be permitted only if the anonymity of all persons mentioned in the records or information will be preserved.  Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.

     (9) Juvenile detention facilities shall release records to the juvenile disposition standards commission under RCW 13.40.025  upon request.  The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.

 

     Sec. 17.  RCW 72.09.300 and 1993 sp.s. c 21 s 8 are each amended to read as follows:

     (1) Every county legislative authority shall by resolution or ordinance establish a local law and justice council.  The county legislative authority shall determine the size and composition of the council, which shall include the county sheriff and a representative of the municipal police departments within the county, the county prosecutor and a representative of the municipal prosecutors within the county, a representative of the city legislative authorities within the county, a representative of the county's superior, district, and municipal courts, the county jail administrator, the county clerk, the county risk manager, and the secretary of corrections.  Officials designated may appoint representatives.

     (2) A combination of counties may establish a local law and justice council by intergovernmental agreement.  The agreement shall comply with the requirements of this section.

     (3) The local law and justice council shall develop a local law and justice plan for the county.  The council shall design the elements and scope of the plan, subject to final approval by the county legislative authority.  The general intent of the plan shall include seeking means to maximize local resources including personnel and facilities, reduce duplication of services, and share resources between local and state government in order to accomplish local efficiencies without diminishing effectiveness.  The plan shall also include a section on jail management.  This section may include the following elements:

     (a) A description of current jail conditions, including whether the jail is overcrowded;

     (b) A description of potential alternatives to incarceration;

     (c) A description of current jail resources;

     (d) A description of the jail population as it presently exists and how it is projected to change in the future;

     (e) A description of projected future resource requirements;

     (f) A proposed action plan, which shall include recommendations to maximize resources, maximize the use of intermediate sanctions, minimize overcrowding, avoid duplication of services, and effectively manage the jail and the offender population;

     (g) A list of proposed advisory jail standards and methods to effect periodic quality assurance inspections of the jail;

     (h) A proposed plan to collect, synthesize, and disseminate technical information concerning local criminal justice activities, facilities, and procedures;

     (i) A description of existing and potential services for offenders including employment services, substance abuse treatment, mental health services, and housing referral services.

     (4) The council may propose other elements of the plan, which shall be subject to review and approval by the county legislative authority, prior to their inclusion into the plan.

     (5) The county legislative authority may request technical assistance in developing or implementing the plan from other units or agencies of state or local government, which shall include the department, the office of financial management, and the Washington association of sheriffs and police chiefs.

     (6) Upon receiving a request for assistance from a county, the department may provide the requested assistance.

     (7) The secretary may adopt rules for the submittal, review, and approval of all requests for assistance made to the department.  The secretary may also appoint an advisory committee of local and state government officials to recommend policies and procedures relating to the state and local correctional systems and to assist the department in providing technical assistance to local governments.  The committee shall include representatives of the county sheriffs, the police chiefs, the county prosecuting attorneys, the county and city legislative authorities, and the jail administrators.  The secretary may contract with other state and local agencies and provide funding in order to provide the assistance requested by counties.

     (8) The department shall establish a base level of state correctional services, which shall be determined and distributed in a consistent manner state-wide.  The department's contributions to any local government, approved pursuant to this section, shall not operate to reduce this base level of services.

     (9) The council shall establish an advisory committee on juvenile justice proportionality.  The council shall appoint two juvenile court administrators and five citizens as ex advisory committee members.  The citizen advisory committee members shall be representative of the county's ethnic and geographic diversity.  The advisory committee members shall serve two-year terms and may be reappointed.  The actual expenses of the advisory committee members shall be paid by the county commissioners.  The duties of the advisory committee include:

     (a) Monitoring and reporting to the juvenile disposition standards commission on the proportionality, effectiveness, and cultural relevance of:

     (i) The rehabilitative goals required by juvenile offender dispositions;

     (ii) The rehabilitative services offered by county and state institutions to juvenile offenders; and

     (iii) The rehabilitative services offered in conjunction with diversions, deferred sentences, community supervision, and parole;

     (b) Reviewing citizen complaints regarding bias or disproportionality in that county's juvenile justice system;

     (c) By September 1 of each year, beginning with 1995, submit to the juvenile disposition standards commission a report summarizing the advisory committee's findings under (a) and (b) of this subsection.

 

     NEW SECTION.  Sec. 18.  The following acts or parts of acts are each repealed:

     (1) RCW 13.40.0354 and 1989 c 407 s 6; and

     (2) RCW 13.40.0357 and 1989 c 407 s 7.

 

     NEW SECTION.  Sec. 19.  This act shall apply to offenses committed on or after the effective date of this act.

 

     NEW SECTION.  Sec. 20.  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. 21.  This act shall take effect July 1, 1994.

 

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