SENATE BILL REPORT

                  SHB 2790

              As Reported By Senate Committee On:

               Law & Justice, February 24, 1998

Title:  An act relating to restitution hearings for juvenile offenders.

Brief Description:  Requiring restitution hearings for juvenile offenders to occur within one hundred eighty days of the disposition hearing.

Sponsors:  House Committee on Law & Justice (originally sponsored by Representatives Mastin, Sheahan, Costa and Lambert).

Brief History:

Committee Activity:  Law & Justice:  2/24/98 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Kline, Long, McCaslin, Stevens, Thibaudeau and Zarelli.

Staff:  Lidia Mori (786-7755)

Background:  At a disposition hearing for a juvenile offender, the court must determine the amount of restitution owing to the victim, if any.  The Washington Supreme Court recently interpreted this provision to require that a juvenile offender's restitution obligation must be determined at the disposition hearing unless the juvenile waives the right to have restitution set at that time.  State v. Mollichi.

During the 1997 legislative session, the Washington Legislature passed juvenile justice legislation (E3SHB 3900) which clarifies that at a juvenile's disposition hearing the court may set a later hearing date to determine the amount of restitution.  This provision takes effect July 1, 1998.

In a sentencing hearing for an adult, if restitution is ordered, the court may determine the amount of restitution due within 180 days.

Summary of Bill:  In juvenile court, if a hearing for restitution is set for a later date, that date must be within 180 days from the date of the disposition hearing, or the court may continue the hearing beyond the 180 days for good cause.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  The bill takes effect on July 1, 1998.

Testimony For:  The purpose of this bill is to get the defense for the juvenile and the prosecutor to sit down and resolve the restitution issue.

Testimony Against:  None.

Testified:  Representative Mastin, prime sponsor (pro).