Z-0368.4 _______________________________________________
HOUSE BILL 1138
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representative Appelwick; by request of Governor Lowry
Read first time 01/15/97. Referred to Committee on Law & Justice.
AN ACT Relating to juveniles; amending RCW 5.60.060, 9.94A.130, 13.40.010, 13.40.070, 13.40.265, 13.40.0354, 13.40.0357, 13.40.045, 13.40.050, 13.40.060, 13.40.077, 13.40.080, 13.40.110, 13.40.120, 13.40.130, 13.40.160, 13.40.193, 13.40.210, and 13.40.220; reenacting and amending RCW 9.94A.360, 13.04.030, and 13.40.020; adding new sections to chapter 13.40 RCW; creating a new section; repealing RCW 13.40.025 and 13.40.030; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 5.60.060 and 1996 c 156 s 1 are each amended to read as follows:
(1) A husband shall not be examined for or against his wife, without the consent of the wife, nor a wife for or against her husband without the consent of the husband; nor can either during marriage or afterward, be without the consent of the other, examined as to any communication made by one to the other during marriage. But this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other, nor to a criminal action or proceeding against a spouse if the marriage occurred subsequent to the filing of formal charges against the defendant, nor to a criminal action or proceeding for a crime committed by said husband or wife against any child of whom said husband or wife is the parent or guardian, nor to a proceeding under chapter 70.96A or 71.05 RCW: PROVIDED, That the spouse of a person sought to be detained under chapter 70.96A or 71.05 RCW may not be compelled to testify and shall be so informed by the court prior to being called as a witness.
(2) An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.
(3) A parent shall not be examined without his or her consent as to a communication made by that parent's minor child to the child's attorney after the filing of juvenile offender or adult criminal charges, if the parent was present at the time of the communication. This privilege does not extend to communications made prior to filing of charges.
(4) A member of the clergy or a priest shall not, without the consent of a person making the confession, be examined as to any confession made to him or her in his or her professional character, in the course of discipline enjoined by the church to which he or she belongs.
(((4)))
(5) Subject to the limitations under RCW 70.96A.140 or 71.05.250, a
physician or surgeon or osteopathic physician or surgeon shall not, without the
consent of his or her patient, be examined in a civil action as to any
information acquired in attending such patient, which was necessary to enable
him or her to prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child's injury, neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal injuries or wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any one physician or condition constitutes a waiver of the privilege as to all physicians or conditions, subject to such limitations as a court may impose pursuant to court rules.
(((5)))
(6) A public officer shall not be examined as a witness as to
communications made to him or her in official confidence, when the public
interest would suffer by the disclosure.
(((6)))
(7)(a) A peer support group counselor shall not, without consent of the
law enforcement officer making the communication, be compelled to testify about
any communication made to the counselor by the officer while receiving
counseling. The counselor must be designated as such by the sheriff, police
chief, or chief of the Washington state patrol, prior to the incident that
results in counseling. The privilege only applies when the communication was
made to the counselor while acting in his or her capacity as a peer support
group counselor. The privilege does not apply if the counselor was an initial responding
officer, a witness, or a party to the incident which prompted the delivery of
peer support group counseling services to the law enforcement officer.
(b) For purposes of this section, "peer support group counselor" means a:
(i) Law enforcement officer, or civilian employee of a law enforcement agency, who has received training to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity; or
(ii) Nonemployee counselor who has been designated by the sheriff, police chief, or chief of the Washington state patrol to provide emotional and moral support and counseling to an officer who needs those services as a result of an incident in which the officer was involved while acting in his or her official capacity.
(((7)))
(8) A sexual assault advocate may not, without the consent of the
victim, be examined as to any communication made by the victim to the sexual
assault advocate.
(a) For purposes of this section, "sexual assault advocate" means the employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
(b) A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any sexual assault advocate participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed.
Sec. 2. RCW 9.94A.130 and 1984 c 209 s 7 are each amended to read as follows:
The
power to defer or suspend the imposition or execution of sentence is hereby
abolished in respect to sentences prescribed for felonies committed after June
30, 1984, except for offenders sentenced under RCW 9.94A.120(((7)(a)))(8)(a),
the special sexual offender sentencing alternative, or offenders sentenced
under section 27 of this act, whose sentence may be suspended.
Sec. 3. RCW 9.94A.360 and 1995 c 316 s 1 and 1995 c 101 s 1 are each reenacted and amended to read as follows:
The offender score is measured on the horizontal axis of the sentencing grid. The offender score rules are as follows:
The offender score is the sum of points accrued under this section rounded down to the nearest whole number.
(1) A prior conviction is a conviction which exists before the date of sentencing for the offense for which the offender score is being computed. Convictions entered or sentenced on the same date as the conviction for which the offender score is being computed shall be deemed "other current offenses" within the meaning of RCW 9.94A.400.
(2) Except as provided in subsection (4) of this section, class A and sex prior felony convictions shall always be included in the offender score. Class B prior felony convictions other than sex offenses shall not be included in the offender score, if since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent ten consecutive years in the community without committing any crime that subsequently results in a conviction. Class C prior felony convictions other than sex offenses shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender had spent five consecutive years in the community without committing any crime that subsequently results in a conviction. Serious traffic convictions shall not be included in the offender score if, since the last date of release from confinement (including full-time residential treatment) pursuant to a felony conviction, if any, or entry of judgment and sentence, the offender spent five years in the community without committing any crime that subsequently results in a conviction. This subsection applies to both adult and juvenile prior convictions.
(3) Out-of-state convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. Federal convictions for offenses shall be classified according to the comparable offense definitions and sentences provided by Washington law. If there is no clearly comparable offense under Washington law or the offense is one that is usually considered subject to exclusive federal jurisdiction, the offense shall be scored as a class C felony equivalent if it was a felony under the relevant federal statute.
(4) Always include juvenile convictions for sex offenses and serious violent offenses. Include other class A juvenile felonies only if the offender was 15 or older at the time the juvenile offense was committed. Include other class B and C juvenile felony convictions only if the offender was 15 or older at the time the juvenile offense was committed and the offender was less than 23 at the time the offense for which he or she is being sentenced was committed.
(5) Score prior convictions for felony anticipatory offenses (attempts, criminal solicitations, and criminal conspiracies) the same as if they were convictions for completed offenses.
(6)(a) In the case of multiple prior convictions, for the purpose of computing the offender score, count all convictions separately, except:
(i) Prior adult offenses which were found, under RCW 9.94A.400(1)(a), to encompass the same criminal conduct, shall be counted as one offense, the offense that yields the highest offender score. The current sentencing court shall determine with respect to other prior adult offenses for which sentences were served concurrently whether those offenses shall be counted as one offense or as separate offenses using the "same criminal conduct" analysis found in RCW 9.94A.400(1)(a), and if the court finds that they shall be counted as one offense, then the offense that yields the highest offender score shall be used. The current sentencing court may presume that such other prior adult offenses were not the same criminal conduct from sentences imposed on separate dates, or in separate counties or jurisdictions, or in separate complaints, indictments, or informations;
(ii) Juvenile prior convictions entered or sentenced on the same date shall count as one offense, the offense that yields the highest offender score, except for juvenile prior convictions for violent offenses with separate victims, which shall count as separate offenses; and
(iii) In the case of multiple prior convictions for offenses committed before July 1, 1986, for the purpose of computing the offender score, count all adult convictions served concurrently as one offense, and count all juvenile convictions entered on the same date as one offense. Use the conviction for the offense that yields the highest offender score.
(b) As used in this subsection (6), "served concurrently" means that: (i) The latter sentence was imposed with specific reference to the former; (ii) the concurrent relationship of the sentences was judicially imposed; and (iii) the concurrent timing of the sentences was not the result of a probation or parole revocation on the former offense.
(7) If the present conviction is one of the anticipatory offenses of criminal attempt, solicitation, or conspiracy, count each prior conviction as if the present conviction were for a completed offense.
(8) If the present conviction is for a nonviolent offense and not covered by subsection (12) or (13) of this section, count one point for each adult prior felony conviction and one point for each juvenile prior violent felony conviction and 2 point for each juvenile prior nonviolent felony conviction.
(9) If the present conviction is for a violent offense and not covered in subsection (10), (11), (12), or (13) of this section, count two points for each prior adult and juvenile violent felony conviction, one point for each prior adult nonviolent felony conviction, and 2 point for each prior juvenile nonviolent felony conviction.
(10) If the present conviction is for Murder 1 or 2, Assault 1, Assault of a Child 1, Kidnaping 1, Homicide by Abuse, or Rape 1, count three points for prior adult and juvenile convictions for crimes in these categories, two points for each prior adult and juvenile violent conviction (not already counted), one point for each prior adult nonviolent felony conviction, and 2 point for each prior juvenile nonviolent felony conviction.
(11) If the present conviction is for Burglary 1, count prior convictions as in subsection (9) of this section; however count two points for each prior adult Burglary 2 or residential burglary conviction, and one point for each prior juvenile Burglary 2 or residential burglary conviction.
(12) If the present conviction is for a felony traffic offense count two points for each adult or juvenile prior conviction for Vehicular Homicide or Vehicular Assault; for each felony offense or serious traffic offense, count one point for each adult and 2 point for each juvenile prior conviction.
(13) If the present conviction is for a drug offense count three points for each adult prior felony drug offense conviction and two points for each juvenile drug offense. All other adult and juvenile felonies are scored as in subsection (9) of this section if the current drug offense is violent, or as in subsection (8) of this section if the current drug offense is nonviolent.
(14) If the present conviction is for Willful Failure to Return from Furlough, RCW 72.66.060, Willful Failure to Return from Work Release, RCW 72.65.070, or Escape from Community Custody, RCW 72.09.310, count only prior escape convictions in the offender score. Count adult prior escape convictions as one point and juvenile prior escape convictions as 2 point.
(15) If the present conviction is for Escape 1, RCW 9A.76.110, or Escape 2, RCW 9A.76.120, count adult prior convictions as one point and juvenile prior convictions as 2 point.
(16) If the present conviction is for Burglary 2 or residential burglary, count priors as in subsection (8) of this section; however, count two points for each adult and juvenile prior Burglary 1 conviction, two points for each adult prior Burglary 2 or residential burglary conviction, and one point for each juvenile prior Burglary 2 or residential burglary conviction.
(17) If the present conviction is for a sex offense, count priors as in subsections (8) through (16) of this section; however count three points for each adult and juvenile prior sex offense conviction.
(18) If the present conviction is for an offense committed while the offender was under community placement or juvenile parole pursuant to RCW 13.40.215, add one point.
Sec. 4. RCW 13.04.030 and 1995 c 312 s 39 and 1995 c 311 s 15 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:
(a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;
(b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;
(c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;
(d) To approve or disapprove out-of-home placement as provided in RCW 13.32A.170;
(e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:
(i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or
(ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or
(iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or
(iv)
The juvenile is sixteen or seventeen years old and the alleged offense is: (A)
A serious violent offense as defined in RCW 9.94A.030 committed on or after
June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed
on or after June 13, 1994, and the juvenile has a criminal history consisting
of: (((I))) One or more prior serious violent offenses; (((II)))
two or more prior violent offenses; or (((III))) three or more of any
combination of the following offenses: Any class A felony, any class B felony,
vehicular assault, or manslaughter in the second degree, all of which must have
been committed after the juvenile's thirteenth birthday and prosecuted
separately. In such a case the adult criminal court shall have exclusive
original jurisdiction.
If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;
(f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;
(g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age;
(h) Relating to court validation of a voluntary consent to an out-of-home placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction; and
(i) Relating to petitions to compel disclosure of information filed by the department of social and health services pursuant to RCW 74.13.042.
(2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.
(3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e)(i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.
(4) A parent, guardian, or custodian who has custody of any juvenile described in this section, if such parent, guardian, or custodian was served with a summons, shall be subject to the jurisdiction of the court for purposes of enforcing required attendance at juvenile court hearings.
Sec. 5. RCW 13.40.010 and 1992 c 205 s 101 are each amended to read as follows:
(1) This chapter shall be known and cited as the Juvenile Justice Act of 1977.
(2)
It is the intent of the legislature that a system capable of having primary
responsibility for, being accountable for, and responding to the needs of ((youthful))
juvenile offenders, as defined by this chapter, be established. It is
the further intent of the legislature that youth, in turn, be held accountable
for their offenses and that ((both)) communities, families, and
the juvenile courts carry out their functions consistent with this intent. To
effectuate these policies, the legislature declares the following to be equally
important purposes of this chapter:
(a) Protect the citizenry from criminal behavior;
(b) Provide for determining whether accused juveniles have committed offenses as defined by this chapter;
(c) Make the juvenile offender accountable for his or her criminal behavior;
(d) Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender;
(e) Provide due process for juveniles alleged to have committed an offense;
(f) Promote equitable treatment of juveniles and their families without regard to race, ethnicity, gender, creed, or religion;
(g) Provide necessary treatment, supervision, and custody for juvenile offenders;
(((g)))
(h) Provide for the handling of juvenile offenders by communities
whenever consistent with public safety;
(((h)))
(i) Provide for restitution to victims of crime;
(((i)))
(j) Develop effective standards and goals for the operation, funding,
and evaluation of all components of the juvenile justice system and related
services at the state and local levels; ((and
(j))) (k)
Provide for a clear policy to determine what types of offenders shall receive
punishment, treatment, or both, and to determine the jurisdictional limitations
of the courts, institutions, and community services; and
(l) Provide for the active participation of the parents, guardian, or custodian of the juvenile in the juvenile justice process.
Sec. 6. RCW 13.40.020 and 1995 c 395 s 2 and 1995 c 134 s 1 are each reenacted and 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;
(2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;
(3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125. 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. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. 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;
(d)
Posting of a probation bond ((imposed pursuant to RCW 13.40.0357)) as
provided in RCW 13.40.054;
(4) Community-based sanctions may include one or more of the following:
(a) A fine, not to exceed one hundred dollars;
(b) Community service not to exceed one hundred fifty hours of service;
(5) "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, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;
(6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;
(7) "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;
(8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);
(9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:
(a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or
(b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;
(10) "Department" means the department of social and health services;
(11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;
(12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other 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, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;
(13) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;
(14) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;
(15) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;
(16)
"Manifest injustice" means a disposition that would ((either))
impose an excessive penalty on the juvenile, or would impose a serious,
and clear danger to society in light of the purposes of this chapter or
would fail to support the juvenile's need for sex offender treatment;
(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:
(a) Whose current offense(s) and criminal history fall entirely within one of the following categories:
(((a)))
(i) Four misdemeanors;
(((b)))
(ii) Two misdemeanors and one gross misdemeanor;
(((c)))
(iii) One misdemeanor and two gross misdemeanors; ((and)) or
(((d)))
(iv) Three gross misdemeanors; and
(b) Whose current offense or offenses and criminal history include no more than one of the following offenses:
(i) Assault 4 (RCW 9A.36.041);
(ii) Coercion (RCW 9A.36.070);
(iii) Attempted rape 3 (RCW 9A.44.060);
(iv) Attempted rape of a child 3 (RCW 9A.44.079);
(v) Attempted sexual misconduct (RCW 9A.44.096);
(vi) Resisting arrest (RCW 9A.76.040, 9A.76.200);
(vii) Harassment (RCW 9A.46.020);
(viii) Obscene/harassing telephone call (RCW 9.61.230);
(ix) Discharge of a dangerous weapon (RCW 9.41.230);
(x) Carrying a weapon on school premises (RCW 9.41.280);
(xi) Possession of a concealed pistol (RCW 9.41.050);
(xii) Possession of a firearm by a person under age twenty-one (RCW 9.41.240);
(xiii) Carry/display a dangerous weapon (RCW 9.41.270); or
(xiv) Obstructing a public servant (RCW 9A.76.020).
For purposes of this definition, current violations shall be counted as misdemeanors;
(19) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;
(20) "Respondent" means a juvenile who is alleged or proven to have committed an offense;
(21) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;
(22) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;
(23) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;
(24) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;
(25) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;
(26) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;
(27) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;
(28) "Violent offense" means a violent offense as defined in RCW 9.94A.030;
(29) "Probation bond" means a bond, posted with sufficient security by a surety justified and approved by the court, to secure the offender's appearance at required court proceedings and compliance with court-ordered community supervision or conditions of release ordered pursuant to RCW 13.40.040 or 13.40.050. It also means a deposit of cash or posting of other collateral in lieu of a bond if approved by the court;
(30) "Surety" means an entity licensed under state insurance laws or by the state department of licensing, to write corporate, property, or probation bonds within the state, and justified and approved by the superior court of the county having jurisdiction of the case.
Sec. 7. RCW 13.40.070 and 1994 sp.s. c 7 s 543 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, a class C felony listed in RCW 9.94A.440(2)
as a crime against persons or listed in RCW 9A.46.060 as a crime of harassment,
a class C felony that is a violation of RCW 9.41.080 or 9.41.040(1)(((e)))
(b)(iii), or any other offense listed in RCW 13.40.020(1) (b) or (c); or
(b) An alleged offender is accused of a felony and has a criminal history of any felony, or at least two gross misdemeanors, or at least two misdemeanors; 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 two or more diversion contracts on the alleged offender's criminal history; or
(f) A special allegation has been filed that the offender or an accomplice was armed with a firearm when the offense was committed.
(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 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.
(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.
Sec. 8. RCW 13.40.265 and 1994 sp.s. c 7 s 435 are each amended to read as follows:
(1)(a)
If a juvenile thirteen years of age or older is found by juvenile court to have
committed an offense while armed with a firearm or an offense that is a
violation of RCW 9.41.040(1)(((e))) (b)(iii) or chapter 66.44,
69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing
within twenty-four hours after entry of the judgment.
(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.
Sec. 9. RCW 13.40.0354 and 1994 sp.s. c 7 s 521 are each amended to read as follows:
The
total current offense points for use in the standards range matrix of
schedule((s D-1, D-2, and D-3)) D are computed as follows:
(1) The disposition offense category is determined by the offense of conviction. Offenses are divided into ten levels of seriousness, ranging from low (seriousness level E) to high (seriousness level A+), see schedule A, RCW 13.40.0357.
(2)
The prior offense increase factor is summarized in schedule B, RCW 13.40.0357.
The increase factor is determined for each prior offense by using ((the time
span and)) the offense category in the prior offense increase factor grid.
((Time span is computed from the date of the prior offense to the date of
the current offense.)) The total increase factor is determined by
totalling the increase factors for each prior offense and adding a constant
factor of 1.0. Diversion offenses prior to age twelve do not count as
criminal history.
(3) The current offense points are summarized in schedule C, RCW 13.40.0357. The current offense points are determined for each current offense by locating the juvenile's age on the horizontal axis and using the offense category on the vertical axis. The juvenile's age is determined as of the time of the current offense and is rounded down to the nearest whole number.
(4) The total current offense points are determined for each current offense by multiplying the total increase factor by the current offense points. The total current offense points are rounded down to the nearest whole number.
(5)
All current offense points calculated in schedule((s D-1, D-2, and D-3))
D shall be increased by a factor of five percent if the offense is
committed by a juvenile who is in a program of parole under this chapter.
Sec. 10. RCW 13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile disposition
disposition category for attempt,
offense bailjump, conspiracy,
category description (rcw citation) or solicitation
........................................
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering with Fire Alarm
Apparatus (9.40.100) E
A Possession of Incendiary Device
(9.40.120) B+
Assault and Other Crimes
Involving Physical Harm
A Assault 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
B+ Reckless Endangerment 1
(9A.36.045) C+
D+ Reckless Endangerment 2
(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+
B Residential Burglary (9A.52.025) C
B Burglary 2 (9A.52.030) C
D Burglary Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption of Alcohol
(66.44.270) E
C Illegally Obtaining Legend Drug
(69.41.020) D
C+ Sale, Delivery, Possession of Legend
Drug with Intent to Sell
(69.41.030) D+
E Possession of Legend Drug
(69.41.030) E
B+ Violation of Uniform Controlled
Substances Act - Narcotic or
Methamphetamine Sale
(69.50.401(a)(1)(i) or (ii)) B+
C Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(a)(1)(iii)) C
E Possession of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently Obtaining Controlled
Substance (69.50.403) C
C+ Sale of Controlled Substance
for Profit (69.50.410) C+
E Unlawful Inhalation (9.47A.020) E
B Violation of Uniform Controlled
Substances Act - Narcotic or
Methamphetamine
Counterfeit Substances
(69.50.401(b)(1)(i) or (ii)) B
C Violation of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit Substances
(69.50.401(b)(1) (iii), (iv),
(v)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(d)) C
C Violation of Uniform Controlled
Substances Act - Possession of a
Controlled Substance
(69.50.401(c)) C
Firearms and Weapons
E Carrying Loaded Pistol Without
Permit (9.41.050) E
C Possession of Firearms by
Minor (<18) (9.41.040(1) (b)(((iv)))(iii)) C
D+ Possession of Dangerous Weapon
(9.41.250) E
D Intimidating Another Person by use
of Weapon (9.41.270) E
B Possession of a Stolen Firearm
(9A.56.310) C
B Unlawful Possession of a Firearm 1
(9.41.040(1)(a)) C
C Unlawful Possession of a Firearm 2
(9.41.040(1)(b)) 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
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful Imprisonment
(9A.40.040) D+
Obstructing Governmental Operation
((E)) Obstructing
a
D Law Enforcement Officer
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing Contraband 1
(9A.76.140) C
C Introducing Contraband 2
(9A.76.150) D
E Introducing Contraband 3
(9A.76.160) E
B+ Intimidating a Public Servant
(9A.76.180) C+
B+ Intimidating a Witness
(9A.72.110) C+
Public Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot Without Weapon
(9A.84.010) E
E Failure to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 11 (9A.44.073) B+
((B)) Rape of a Child 2 (9A.44.076) C+
B+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ Indecent Exposure
(Victim <14) (9A.88.010) E
E 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+
E O & A (Prostitution) (9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
((B+)) Child Molestation 12
(9A.44.083) ((C+))
A- B+
((C+)) Child Molestation 2 (9A.44.086) C
B
C Failure to Register
(For Class A Felony)
(9A.44.130(7)) D
D Failure to Register
(For Class B Felony or Less)
(9A.44.130(7)) E
Theft, Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of a Firearm (9A.56.300) C
B Theft of Livestock (9A.56.080) C
C Forgery (9A.60.020) D
A Robbery 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+
B Possession of Stolen Property 1
(9A.56.150) C
C Possession of Stolen Property 2
(9A.56.160) D
D Possession of Stolen Property 3
(9A.56.170) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor Vehicle Related Crimes
E Driving Without a License
(46.20.021) E
C Hit and Run - Injury
(46.52.020(4)) D
D Hit and Run-Attended
(46.52.020(5)) E
E Hit and Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving While Under the Influence
(46.61.502 and 46.61.504) E
D Vehicle Prowling (9A.52.100) E
C Taking Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
C Animal Cruelty (16.52.205) D
B Bomb Threat (9.61.160) C
C Escape 1((1))3
(9A.76.110) C
C Escape 2((1))3
(9A.76.120) C
D Escape 3 (9A.76.130) E
D Stalking (9A.46.110) E
C Stalking (Repeat) (9A.46.110) D
D Harassment (9A.46.020) E
C Harassment (Repeat) (9A.46.020) D
E Obscene, Harassing, Etc.,
Phone Calls (9.61.230) E
A Other Offense Equivalent to an
Adult Class A Felony B+
B Other Offense Equivalent to an
Adult Class B Felony C
C Other Offense Equivalent to an
Adult Class C Felony D
D Other Offense Equivalent to an
Adult Gross Misdemeanor E
E Other Offense Equivalent to an
Adult Misdemeanor E
V Violation of Order of Restitution,
Community Supervision, or
Confinement (13.40.200)((2))4 V
V Violation of Special Sex Offender
Disposition Alternative Conditions
(13.40.160)4 V
1Rape of a Child 1 requires a mandatory minimum sentence of 52-65 weeks confinement
2Child Molestation 1 requires a mandatory minimum sentence of 21-28 weeks confinement
((1))3Escape
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))4If 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)) 1997.
((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))
OFFENSE INCREASE
CATEGORY FACTOR
A+ .9
A or A- .8
B+ or B .6
C+ or C .3
D+ or D .2
E .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). Diversion offenses committed prior to age twelve do not count as criminal history.
SCHEDULE C
CURRENT OFFENSE POINTS
For
use with all CURRENT OFFENSES occurring on or after July 1, ((1989)) 1997.
((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))
AGE AGE
14 and Under 15 and Over
........................................
OFFENSE
CATEGORY POINTS POINTS
........................................
A+ 180-224 WEEKS
A 300 375
A- 150 200
B+ 110 140
B 45 57
C+ 44 55
C 40 50
D+ or D 16 22
E 4 8
JUVENILE SENTENCING STANDARDS
SCHEDULE ((D-1)) D
((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 10‑$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12
Months Community Supervision
0-150
Hours Community Service
0-100
Fine
Posting
of a Probation Bond
A
term of community supervision with a maximum of 150 hours, $100.00 fine, and 12
months supervision.
OR
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(2)
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 Fine Days
Weeks
.............................................
1-9 0-3 months and/or
0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2‑4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2‑4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5‑10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5‑10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or 10‑20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or 10‑20
90-109 9-12 months and/or 56-72 and/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 110 points or more do not
have to be committed. They may be assigned community supervision under option
B.
All
A+ offenses 180-224 weeks
OR
OPTION
B
STATUTORY
OPTION
0-12
Months Community Supervision
0-150
Hours Community Service
0-100
Fine
Posting
of a Probation Bond
If the offender has less than 110 points, 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.
If the middle offender has 110 points or more,
the court may impose a disposition under option A and may suspend the
disposition on the condition that the offender serve up to thirty days of
confinement and follow all conditions of community supervision. If the
offender fails to comply with the terms of community supervision, the court may
impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended
disposition and order execution of the disposition. If the court imposes
confinement for offenders with 110 points or more, the court shall state either
aggravating or mitigating factors set forth in RCW 13.40.150.
OR
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(2) shall be used
to determine the 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
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be
determined and shall be comprised of confinement or community supervision
including posting a probation bond 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(2) shall be used to determine the range.))
OFFENDER CATEGORY DISPOSITION
.................................................................
Divertees Diversion
.................................................................
Minor/First Community Supervision
0-12 Months Community Supervision
0-$100 Fine
0-150 Hours Community Service
.................................................................
Any Middle Offender Community Supervision/Detention
(Including those 0-12 Months Community Supervision
with 110 or more 0-$100 Fine
points)A 0-150 Hours Community Service
0-30 Days Confinement
.................................................................
Middle Offenders JRA State Confinement
With 110 or More Points Confinement
and Points (Weeks)
Serious Offenders 0-129 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
All A+ Offenses 180-224
.................................................................
Any Juvenile Found Guilty Manifest Injustice
in Juvenile Court
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 exceeding thirty
days, the court shall sentence the
juvenile to a maximum term, and the
provisions of section 25 of this act
shall be used to determine the range.
A: In the case of a middle offender with 110 or more points, the court may impose a JRA State Confinement disposition and may suspend the disposition as provided in RCW 13.40.160 (4)(b) or (5) or in section 24 of this act.
Sec. 11. RCW 13.40.045 and 1994 sp.s. c 7 s 518 are each amended to read as follows:
The secretary, assistant secretary, or the secretary's designee shall issue arrest warrants for juveniles who escape from department residential custody or abscond from parole supervision and may issue arrest warrants for juveniles who fail to meet conditions of parole. These arrest warrants shall authorize any law enforcement, probation and parole, or peace officer of this state, or any other state where the juvenile is located, to arrest the juvenile and to place the juvenile in physical custody pending the juvenile's return to confinement in a state juvenile rehabilitation facility.
Sec. 12. RCW 13.40.050 and 1995 c 395 s 5 are each amended to read as follows:
(1) When a juvenile taken into custody is held in detention:
(a) An information, a community supervision modification or termination of diversion petition, or a parole modification petition shall be filed within seventy-two hours, Saturdays, Sundays, and holidays excluded, or the juvenile shall be released; and
(b) A detention hearing, a community supervision modification or termination of diversion petition, or a parole modification petition shall be held within seventy-two hours, Saturdays, Sundays, and holidays excluded, from the time of filing the information or petition, to determine whether continued detention is necessary under RCW 13.40.040.
(2)
Notice of the detention hearing, stating the time, place, and purpose of the
hearing, ((and)) stating the right to counsel, and commanding them to
appear, shall be given to the parent, guardian, or custodian if such person
can be found and shall also be given to the juvenile if over twelve years of
age. The parent, guardian, or custodian must attend the detention hearing.
(3) At the commencement of the detention hearing, the court shall advise the parties of their rights under this chapter and shall appoint counsel as specified in this chapter.
(4) The court shall, based upon the allegations in the information, determine whether the case is properly before it or whether the case should be treated as a diversion case under RCW 13.40.080. If the case is not properly before the court the juvenile shall be ordered released.
(5)
Notwithstanding a determination that the case is properly before the court and
that probable cause exists, a juvenile shall at the detention hearing be
ordered released on the juvenile's personal recognizance pending further
hearing unless the court finds detention is necessary under RCW 13.40.040 ((as
now or hereafter amended)).
(6)
If detention is not necessary under RCW 13.40.040, ((as now or hereafter
amended,)) the court shall impose the most appropriate of the following
conditions or, if necessary, any combination of the following conditions:
(a) Place the juvenile in the custody of a designated person agreeing to supervise such juvenile;
(b) Place restrictions on the travel of the juvenile during the period of release;
(c) Require the juvenile to report regularly to and remain under the supervision of the juvenile court;
(d) Impose any condition other than detention deemed reasonably necessary to assure appearance as required;
(e) Require that the juvenile return to detention during specified hours; or
(f) Require the juvenile to post a probation bond set by the court under terms and conditions as provided in RCW 13.40.040(4).
(7) If the parent, guardian, or custodian of the juvenile in detention is available, the court shall consult with them prior to a determination to further detain or release the juvenile or treat the case as a diversion case under RCW 13.40.080.
(8) If the person notified as provided in this section fails without reasonable cause to appear, the person may be found in contempt of court, pursuant to chapter 7.21 RCW.
Sec. 13. RCW 13.40.060 and 1989 c 71 s 1 are each amended to read as follows:
(1) All actions under this chapter shall be commenced and tried in the county where any element of the offense was committed except as otherwise specially provided by statute. In cases in which diversion is provided by statute, venue is in the county in which the juvenile resides or in the county in which any element of the offense was committed.
(2) For juveniles whose standard range disposition would include confinement in excess of thirty days, the case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county where the juvenile resides for a disposition hearing. All costs and arrangements for care and transportation of the juvenile in custody shall be the responsibility of the receiving county as of the date of the transfer of the juvenile to such county, unless the counties otherwise agree.
(3) The case and copies of all legal and social documents pertaining thereto may in the discretion of the court be transferred to the county in which the juvenile resides for supervision and enforcement of the disposition order. The court of the receiving county has jurisdiction to modify and enforce the disposition order.
(4) The court upon motion of any party or upon its own motion may, at any time, transfer a proceeding to another juvenile court when there is reason to believe that an impartial proceeding cannot be held in the county in which the proceeding was begun.
Sec. 14. RCW 13.40.077 and 1996 c 9 s 1 are each amended to read as follows:
RECOMMENDED PROSECUTING STANDARDS
FOR CHARGING AND PLEA DISPOSITIONS
INTRODUCTION: These standards are intended solely for the guidance of prosecutors in the state of Washington. They are not intended to, do not, and may not be relied upon to create a right or benefit, substantive or procedural, enforceable at law by a party in litigation with the state.
Evidentiary sufficiency.
(1) Decision not to prosecute.
STANDARD: A prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law. The decision not to prosecute or divert shall not be influenced by the race, gender, religion, or creed of the suspect.
GUIDELINES/COMMENTARY:
Examples
The following are examples of reasons not to prosecute which could satisfy the standard.
(a) Contrary to Legislative Intent - It may be proper to decline to charge where the application of criminal sanctions would be clearly contrary to the intent of the legislature in enacting the particular statute.
(b) Antiquated Statute - It may be proper to decline to charge where the statute in question is antiquated in that:
(i) It has not been enforced for many years;
(ii) Most members of society act as if it were no longer in existence;
(iii) It serves no deterrent or protective purpose in today's society; and
(iv) The statute has not been recently reconsidered by the legislature.
This reason is not to be construed as the basis for declining cases because the law in question is unpopular or because it is difficult to enforce.
(c) De Minimis Violation - It may be proper to decline to charge where the violation of law is only technical or insubstantial and where no public interest or deterrent purpose would be served by prosecution.
(d) Confinement on Other Charges - It may be proper to decline to charge because the accused has been sentenced on another charge to a lengthy period of confinement; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iii) Conviction of the new offense would not serve any significant deterrent purpose.
(e) Pending Conviction on Another Charge - It may be proper to decline to charge because the accused is facing a pending prosecution in the same or another county; and
(i) Conviction of the new offense would not merit any additional direct or collateral punishment;
(ii) Conviction in the pending prosecution is imminent;
(iii) The new offense is either a misdemeanor or a felony which is not particularly aggravated; and
(iv) Conviction of the new offense would not serve any significant deterrent purpose.
(f) High Disproportionate Cost of Prosecution - It may be proper to decline to charge where the cost of locating or transporting, or the burden on, prosecution witnesses is highly disproportionate to the importance of prosecuting the offense in question. The reason should be limited to minor cases and should not be relied upon in serious cases.
(g) Improper Motives of Complainant - It may be proper to decline charges because the motives of the complainant are improper and prosecution would serve no public purpose, would defeat the underlying purpose of the law in question, or would result in decreased respect for the law.
(h) Immunity - It may be proper to decline to charge where immunity is to be given to an accused in order to prosecute another where the accused information or testimony will reasonably lead to the conviction of others who are responsible for more serious criminal conduct or who represent a greater danger to the public interest.
(i) Victim Request - It may be proper to decline to charge because the victim requests that no criminal charges be filed and the case involves the following crimes or situations:
(i) Assault cases where the victim has suffered little or no injury;
(ii) Crimes against property, not involving violence, where no major loss was suffered;
(iii) Where doing so would not jeopardize the safety of society.
Care should be taken to insure that the victim's request is freely made and is not the product of threats or pressure by the accused.
The presence of these factors may also justify the decision to dismiss a prosecution which has been commenced.
Notification
The prosecutor is encouraged to notify the victim, when practical, and the law enforcement personnel, of the decision not to prosecute.
(2) Decision to prosecute.
STANDARD:
Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact-finder. With regard to offenses prohibited by RCW 9A.44.040, 9A.44.050, 9A.44.073, 9A.44.076, 9A.44.079, 9A.44.083, 9A.44.086, 9A.44.089, and 9A.64.020 the prosecutor should avoid prefiling agreements or diversions intended to place the accused in a program of treatment or counseling, so that treatment, if determined to be beneficial, can be proved under RCW 13.40.160(5).
Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact-finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised.
The categorization of crimes for these charging standards shall be the same as found in RCW 9.94A.440(2).
The decision to prosecute or use diversion shall not be influenced by the race, gender, religion, or creed of the respondent.
(3) Selection of Charges/Degree of Charge
(a) The prosecutor should file charges which adequately describe the nature of the respondent's conduct. Other offenses may be charged only if they are necessary to ensure that the charges:
(i) Will significantly enhance the strength of the state's case at trial; or
(ii) Will result in restitution to all victims.
(b) The prosecutor should not overcharge to obtain a guilty plea. Overcharging includes:
(i) Charging a higher degree;
(ii) Charging additional counts.
This standard is intended to direct prosecutors to charge those crimes which demonstrate the nature and seriousness of a respondent's criminal conduct, but to decline to charge crimes which are not necessary to such an indication. Crimes which do not merge as a matter of law, but which arise from the same course of conduct, do not all have to be charged.
(4) Police Investigation
A prosecuting attorney is dependent upon law enforcement agencies to conduct the necessary factual investigation which must precede the decision to prosecute. The prosecuting attorney shall ensure that a thorough factual investigation has been conducted before a decision to prosecute is made. In ordinary circumstances the investigation should include the following:
(a) The interviewing of all material witnesses, together with the obtaining of written statements whenever possible;
(b) The completion of necessary laboratory tests; and
(c) The obtaining, in accordance with constitutional requirements, of the suspect's version of the events.
If the initial investigation is incomplete, a prosecuting attorney should insist upon further investigation before a decision to prosecute is made, and specify what the investigation needs to include.
(5) Exceptions
In certain situations, a prosecuting attorney may authorize filing of a criminal complaint before the investigation is complete if:
(a) Probable cause exists to believe the suspect is guilty; and
(b) The suspect presents a danger to the community or is likely to flee if not apprehended; or
(c) The arrest of the suspect is necessary to complete the investigation of the crime.
In the event that the exception that [to] the standard is applied, the prosecuting attorney shall obtain a commitment from the law enforcement agency involved to complete the investigation in a timely manner. If the subsequent investigation does not produce sufficient evidence to meet the normal charging standard, the complaint should be dismissed.
(6) Investigation Techniques
The prosecutor should be fully advised of the investigatory techniques that were used in the case investigation including:
(a) Polygraph testing;
(b) Hypnosis;
(c) Electronic surveillance;
(d) Use of informants.
(7) Prefiling Discussions with Defendant
Discussions with the defendant or his or her representative regarding the selection or disposition of charges may occur prior to the filing of charges, and potential agreements can be reached.
(8) Plea dispositions:
STANDARD
(a) Except as provided in subsection (2) of this section, a respondent will normally be expected to plead guilty to the charge or charges which adequately describe the nature of his or her criminal conduct or go to trial.
(b) In certain circumstances, a plea agreement with a respondent in exchange for a plea of guilty to a charge or charges that may not fully describe the nature of his or her criminal conduct may be necessary and in the public interest. Such situations may include the following:
(i) Evidentiary problems which make conviction of the original charges doubtful;
(ii) The respondent's willingness to cooperate in the investigation or prosecution of others whose criminal conduct is more serious or represents a greater public threat;
(iii) A request by the victim when it is not the result of pressure from the respondent;
(iv) The discovery of facts which mitigate the seriousness of the respondent's conduct;
(v) The correction of errors in the initial charging decision;
(vi) The respondent's history with respect to criminal activity;
(vii) The nature and seriousness of the offense or offenses charged;
(viii) The probable effect of witnesses.
(c)
No plea agreement shall be influenced by the race, gender, religion, or creed
of the respondent. This includes but is not limited to the prosecutor's
decision to utilize such disposition alternatives as (("Option B,"))
the Special Sex Offender Disposition Alternative, the Chemical Dependent
Disposition Alternative, and manifest injustice.
(9) Disposition recommendations:
STANDARD
The prosecutor may reach an agreement regarding disposition recommendations.
The prosecutor shall not agree to withhold relevant information from the court concerning the plea agreement.
Sec. 15. RCW 13.40.080 and 1996 c 124 s 1 are each amended to read as follows:
(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible.
(2) A diversion agreement shall be limited to one or more of the following:
(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;
(b) Restitution limited to the amount of actual loss incurred by the victim;
(c)
Attendance at ((up to ten hours of)) counseling and/or ((up to twenty
hours of)) educational or informational sessions at a community agency for
a specified period of time as determined by the diversion unit. The
educational or informational sessions may include sessions relating to respect
for self, others, and authority; victim awareness; accountability; self-worth;
responsibility; work ethics; good citizenship; and life skills. For purposes
of this section, "community agency" may also mean a community-based
nonprofit organization, if approved by the diversion unit. The state shall not
be liable for costs resulting from the diversionary unit exercising the option
to permit diversion agreements to mandate attendance at ((up to ten hours of))
counseling and/or ((up to twenty hours of)) educational or informational
sessions;
(d)
A fine, not to exceed one hundred dollars. In determining the amount of the
fine, the diversion unit shall consider only the juvenile's financial resources
and whether the juvenile has the means to pay the fine. The diversion unit
shall not consider the financial resources of the juvenile's parents, guardian,
or custodian in determining the fine to be imposed; ((and))
(e) Requirements to remain during specified hours at home, school, or work, and restrictions on leaving or entering specified geographical areas; and
(f) Participation in adult mentoring programs and community monitoring programs.
(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with the juvenile's custodial parent or parents or guardian and victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.
(4)(a) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee.
(b) If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.
(c) If the juvenile has not paid the full amount of restitution by the end of the additional six-month period, then the juvenile shall be referred to the juvenile court for entry of an order establishing the amount of restitution still owed to the victim. In this order, the court shall also determine the terms and conditions of the restitution, including a payment plan extending up to ten years if the court determines that the juvenile does not have the means to make full restitution over a shorter period. For the purposes of this subsection (4)(c), the juvenile shall remain under the court's jurisdiction for a maximum term of ten years after the juvenile's eighteenth birthday. The court may not require the juvenile to pay full or partial restitution if the juvenile reasonably satisfies the court that he or she does not have the means to make full or partial restitution and could not reasonably acquire the means to pay the restitution over a ten-year period. The county clerk shall make disbursements to victims named in the order. The restitution to victims named in the order shall be paid prior to any payment for other penalties or monetary assessments. A juvenile under obligation to pay restitution may petition the court for modification of the restitution order.
(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.
(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:
(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;
(b) Violation of the terms of the agreement shall be the only grounds for termination;
(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:
(i) Written notice of alleged violations of the conditions of the diversion program; and
(ii) Disclosure of all evidence to be offered against the divertee;
(d) The hearing shall be conducted by the juvenile court and shall include:
(i) Opportunity to be heard in person and to present evidence;
(ii) The right to confront and cross-examine all adverse witnesses;
(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and
(iv)
Demonstration by evidence that the divertee has substantially violated the
terms of his or her diversion agreement((.));
(e) The prosecutor may file an information on the offense for which the divertee was diverted:
(i) In juvenile court if the divertee is under eighteen years of age; or
(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.
(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.
(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.
(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.
(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.
The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.
(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:
(a) The fact that a charge or charges were made;
(b) The fact that a diversion agreement was entered into;
(c) The juvenile's obligations under such agreement;
(d) Whether the alleged offender performed his or her obligations under such agreement; and
(e) The facts of the alleged offense.
(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.
(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.
(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.
(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.
(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.
Sec. 16. RCW 13.40.110 and 1990 c 3 s 303 are each amended to read as follows:
(1) The prosecutor, respondent, or the court on its own motion may, before a hearing on the information on its merits, file a motion requesting the court to transfer the respondent for adult criminal prosecution and the matter shall be set for a hearing on the question of declining jurisdiction. Unless waived by the court, the parties, and their counsel, a decline hearing shall be held where:
(a)
The respondent is fifteen, sixteen, or seventeen years of age and the
information alleges a class A felony or an attempt, solicitation, or conspiracy
to commit a class A felony; ((or))
(b) The respondent is seventeen years of age and the information alleges assault in the second degree, extortion in the first degree, indecent liberties, child molestation in the second degree, kidnapping in the second degree, or robbery in the second degree; or
(c) The information alleges an escape by the respondent and the respondent is serving a minimum juvenile sentence to age twenty-one.
(2) The court after a decline hearing may order the case transferred for adult criminal prosecution upon a finding that the declination would be in the best interest of the juvenile or the public. The court shall consider the relevant reports, facts, opinions, and arguments presented by the parties and their counsel.
(3) When the respondent is transferred for criminal prosecution or retained for prosecution in juvenile court, the court shall set forth in writing its finding which shall be supported by relevant facts and opinions produced at the hearing.
(4) If the court finds that declination of jurisdiction is appropriate it may, in lieu of transferring the respondent for adult criminal prosecution, classify the offender as a youthful offender and retain the offender in juvenile court. The court may classify an offender as a youthful offender only if the standard range that the offender could receive if remanded for adult criminal prosecution exceeds incarceration past the age of twenty-one.
Sec. 17. RCW 13.40.120 and 1981 c 299 s 9 are each amended to read as follows:
All hearings may be conducted at any time or place within the limits of the judicial district, and such cases may not be heard in conjunction with other business of any other division of the superior court. The court, if possible, shall hold hearings during nonstandard hours and take such other actions as are necessary to facilitate parental participation.
Sec. 18. RCW 13.40.130 and 1981 c 299 s 10 are each amended to read as follows:
(1) The respondent shall be advised of the allegations in the information and shall be required to plead guilty or not guilty to the allegation(s). The state or the respondent may make preliminary motions up to the time of the plea.
(2) If the respondent pleads guilty, the court may proceed with disposition or may continue the case for a dispositional hearing. If the respondent denies guilt, an adjudicatory hearing date shall be set. The court shall notify the parent, guardian, or custodian who has custody of any juvenile described in the charging document of the date, time, and place of the dispositional or adjudicatory hearing, and the parent, guardian, or custodian must attend.
(3) At the adjudicatory hearing it shall be the burden of the prosecution to prove the allegations of the information beyond a reasonable doubt.
(4) The court shall record its findings of fact and shall enter its decision upon the record. Such findings shall set forth the evidence relied upon by the court in reaching its decision.
(5) If the respondent is found not guilty he or she shall be released from detention.
(6) If the respondent is found guilty the court may immediately proceed to disposition or may continue the case for a dispositional hearing. Notice of the time and place of the continued hearing may be given in open court. If notice is not given in open court to a party, the party and the parent, guardian, or custodian who has custody of the juvenile shall be notified by mail of the time and place of the continued hearings. The notice shall command the parent, guardian, or custodian to attend the hearing.
(7) The court following an adjudicatory hearing may request that a predisposition study be prepared to aid the court in its evaluation of the matters relevant to disposition of the case.
(8) The disposition hearing shall be held within fourteen days after the adjudicatory hearing or plea of guilty unless good cause is shown for further delay, or within twenty-one days if the juvenile is not held in a detention facility, unless good cause is shown for further delay.
(9) In sentencing an offender, the court shall use the disposition standards in effect on the date of the offense.
(10) If the person notified as provided in this section fails without reasonable cause to appear, the person may be found in contempt of court, pursuant to chapter 7.21 RCW.
Sec. 19. RCW 13.40.160 and 1995 c 395 s 7 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)) D,
RCW 13.40.0357 except as provided in subsections (5) and (6) 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)) D, 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))) section 25 of this act
shall be used to determine the range. A disposition outside the standard range
is appealable under RCW 13.40.230 by the state or the respondent. A
disposition within the standard range is not appealable under RCW 13.40.230.
(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)) D, RCW
13.40.0357 except as provided in subsections (5) and (6) 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)) D, 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))) section 25 of this act 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 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.
(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).
(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))
D, RCW 13.40.0357 except as provided in subsections (5) and (6) of this
section and section 24 of this act. 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)
If the middle offender has less than 110 points, 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)) D,
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)). If the middle offender has 110 points or more, the court may
impose a disposition under ((option A)) schedule D and may
suspend the disposition on the condition that the offender serve up to thirty
days of confinement and follow all conditions of community supervision. If
confinement has been imposed, the court shall state either aggravating or
mitigating factors as set forth in RCW 13.40.150. If the offender violates
any condition of the disposition including conditions of a probation bond, the
court may impose sanctions pursuant to RCW 13.40.200 or may revoke the
suspension and order execution of the disposition. 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.
(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))) section 25
of this act 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 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.
(5) When a serious, middle, or minor first 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 or a disposition outside the standard range if the judge finds a manifest injustice, 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;
(vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense; or
(viii) Comply with the conditions of any court-ordered probation bond.
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), 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) 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 disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition. The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition. 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)
RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of
possessing a firearm in violation of RCW 9.41.040(1)(((e)))(b)(iii)
or any crime in which a special finding is entered that the juvenile was armed
with a firearm.
(7) 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.
(8) Except as provided for in subsection (4)(b) or (5) of this section or section 24 of this act or RCW 13.40.125, the court shall not suspend or defer the imposition or the execution of the disposition.
(9) 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. 20. RCW 13.40.193 and 1994 sp.s. c 7 s 525 are each amended to read as follows:
(1)
If a respondent is found to have been in possession of a firearm in violation
of RCW 9.41.040(1)(((e))) (b)(iii), the court shall impose a
determinate disposition of ten days of confinement and up to twelve months of
community supervision. If the offender's standard range of disposition for the
offense as indicated in RCW 13.40.0357 is more than thirty days of confinement,
the court shall commit the offender to the department for the standard range
disposition. The offender shall not be released until the offender has served
a minimum of ten days in confinement.
(2)
If the court finds that the respondent or an accomplice was armed with a
firearm, the court shall determine the standard range disposition for the
offense pursuant to RCW 13.40.160. ((Ninety days of confinement shall be
added to the entire standard range disposition of confinement)) If
the offender or an accomplice was armed with a firearm when the offender
committed((: (a) Any violent offense; or (b) escape in the first degree;
burglary in the second degree; theft of livestock in the first or second
degree; or any felony drug offense. If the offender or an accomplice was armed
with a firearm and the offender is being adjudicated for an anticipatory felony
offense under chapter 9A.28 RCW to commit one of the offenses listed in this
subsection, ninety days shall be added to the entire standard range disposition
of confinement)) any felony other than possession of a machine gun,
possession of a stolen firearm, reckless endangerment in the first degree,
theft of a firearm, unlawful possession of a firearm in the first and second
degree, or use of a machine gun in a felony, the following periods of total
confinement shall be added to the sentence: For a class A felony, six months;
for a class B felony, four months; and for a class C felony, two months.
The ((ninety days)) additional time shall be imposed regardless
of the offense's juvenile disposition offense category as designated in RCW
13.40.0357. ((The department shall not release the offender until the
offender has served a minimum of ninety days in confinement, unless the
juvenile is committed to and successfully completes the juvenile offender basic
training camp disposition option.)) The court may suspend the
additional period of total confinement under this subsection only with regard
to middle offenders as provided in RCW 13.40.160 (4)(b) or (5) or section 24 of
this act or minor/first offenders.
(3)
((Option B of schedule D-2, RCW 13.40.0357, shall not be available for
middle offenders who receive a disposition under this section.)) When a
disposition under this section would effectuate a manifest injustice, the court
may impose another disposition. When a judge finds a manifest injustice and
imposes a disposition of confinement exceeding thirty days, the court shall
commit the juvenile to a maximum term, and the provisions of ((RCW
13.40.030(2))) section 25 of this act shall be used to determine the
range. When a judge finds a manifest injustice and imposes a disposition of
confinement less than thirty days, the disposition shall be comprised of
confinement or community supervision or both.
(4)
Any term of confinement ordered pursuant to this section ((may)) shall
run ((concurrently)) consecutively to any term of confinement
imposed in the same disposition for the same or other offenses.
Sec. 21. RCW 13.40.210 and 1994 sp.s. c 7 s 527 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)) section 25 of this act,
set a release or discharge date for each juvenile committed to its custody.
The release or discharge date shall be within the prescribed range to which a
juvenile has been committed except as provided in RCW 13.40.320 concerning
offenders the department determines are eligible for the juvenile offender
basic training camp program. 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.
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. 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 time of release if any such early releases have occurred as a result of excessive in-residence population. In no event shall an offender adjudicated of a violent offense be granted release under the provisions of this subsection.
(3)
Following the juvenile's release under 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 and,
in the discretion of the secretary, may be up to thirty-six months when the
secretary believes that an additional period of parole is necessary and
appropriate in the interests of public safety or to meet the ongoing needs of
the juvenile. 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 shall require the juvenile to refrain from possessing a
firearm or using a deadly weapon and refrain from committing new offenses and
may require the juvenile to: (a) Undergo available medical ((or)),
psychiatric ((treatment)), drug and alcohol, sex offender, mental
health, and other offense-related treatment services; (b) report as
directed to a parole officer and/or designee; (c) pursue a course of
study ((or)), vocational training, or employment; ((and))
(d) notify the parole officer of the current address where he or she
resides; (e) be present at a particular address during specified hours; (f)
remain within prescribed geographical boundaries ((and notify the department
of any change in his or her address)); (g) submit to electronic
monitoring; (h) refrain from using illegal drugs and alcohol and submit to
random urinalysis when requested by the assigned parole officer; (i) refrain
from contact with specific individuals or a specified group of individuals; (j)
meet other conditions determined by the parole officer to further enhance the
juvenile's reintegration into the community; (k) pay any court-ordered fines or
restitution; and (l) perform community service. Community service for the
purpose of this section means compulsory service, without compensation,
performed for the benefit of the community by the offender. Community service
may be performed through public or private organizations or through work crews.
After termination of the parole period, the juvenile shall be discharged from
the department's supervision.
(4)(a)
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: (i) Continued supervision under the same conditions
previously imposed; (ii) intensified supervision with increased reporting
requirements; (iii) additional conditions of supervision authorized by this
chapter; (iv) except as provided in (a)(v) 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 (v) 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.
(b) If the department finds that any juvenile in a program of parole has possessed a firearm or used a deadly weapon during the program of parole, the department shall modify the parole under (a) of this subsection and confine the juvenile for at least thirty days. Confinement shall be in a facility operated by or pursuant to a contract with the state or any county.
(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 the 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. 22. RCW 13.40.220 and 1995 c 300 s 1 are each amended to read as follows:
(1) Whenever legal custody of a child is vested in someone other than his or her parents, under this chapter, and not vested in the department of social and health services, after due notice to the parents or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum representing in whole or in part the costs of support, treatment, and confinement of the child after the decree is entered.
(2) If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against such person for contempt.
(3)
Whenever legal custody of a child is vested in the department under this
chapter or a child is being supervised on parole by the department under RCW
13.40.210, the parents or other persons legally obligated to care for and
support the child shall be liable for the costs of support, treatment, ((and))
confinement, and parole supervision of the child, in accordance with the
department's reimbursement of cost schedule. The department shall adopt a
reimbursement of cost schedule based on the costs of providing such services,
and shall determine an obligation based on the responsible parents' or other
legally obligated person's ability to pay. The department is authorized to adopt
additional rules as appropriate to enforce this section.
(4)
To enforce subsection (3) of this section, the department shall serve on the
parents or other person legally obligated to care for and support the child a
notice and finding of financial responsibility requiring the parents or other
legally obligated person to appear and show cause in an adjudicative proceeding
why the finding of responsibility and/or the amount thereof is incorrect and
should not be ordered. This notice and finding shall relate to the costs of
support, treatment, ((and)) confinement, and parole supervision
of the child in accordance with the department's reimbursement of cost schedule
adopted under this section, including periodic payments to be made in the
future. The hearing shall be held pursuant to chapter 34.05 RCW, the
Administrative Procedure Act, and the rules of the department.
(5) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the parent or legally obligated person by certified mail, return receipt requested. The receipt shall be prima facie evidence of service.
(6) If the parents or other legally obligated person objects to the notice and finding of financial responsibility, then an application for an adjudicative hearing may be filed within twenty days of the date of service of the notice. If an application for an adjudicative proceeding is filed, the presiding or reviewing officer shall determine the past liability and responsibility, if any, of the parents or other legally obligated person and shall also determine the amount of periodic payments to be made in the future. If the parents or other legally responsible person fails to file an application within twenty days, the notice and finding of financial responsibility shall become a final administrative order.
(7) Debts determined pursuant to this section are subject to collection action without further necessity of action by a presiding or reviewing officer. The department may collect the debt in accordance with RCW 43.20B.635, 43.20B.640, 74.20A.060, and 74.20A.070. The department shall exempt from payment parents receiving adoption support under RCW 74.13.100 through 74.13.145, parents eligible to receive adoption support under RCW 74.13.150, and a parent or other legally obligated person when the parent or other legally obligated person, or such person's child, spouse, or spouse's child, was the victim of the offense for which the child was committed.
(8) An administrative order entered pursuant to this section shall supersede any court order entered prior to June 13, 1994.
(9) The department shall be subrogated to the right of the child and his or her parents or other legally responsible person to receive support payments for the benefit of the child from any parent or legally obligated person pursuant to a support order established by a superior court or pursuant to RCW 74.20A.055. The department's right of subrogation under this section is limited to the liability established in accordance with its cost schedule for support, treatment, and confinement, except as addressed in subsection (10) of this section.
(10)
Nothing in this section precludes the department from recouping such additional
support payments from the child's parents or other legally obligated person as
required to qualify for receipt of federal funds. The department may adopt
such rules dealing with liability for recoupment of support, treatment, ((or))
confinement, or parole supervision costs as may become necessary to
entitle the state to participate in federal funds unless such rules would be
expressly prohibited by law. If any law dealing with liability for recoupment
of support, treatment, ((or)) confinement, or parole supervision
costs is ruled to be in conflict with federal requirements which are a
prescribed condition of the allocation of federal funds, such conflicting law
is declared to be inoperative solely to the extent of the conflict.
NEW SECTION. Sec. 23. A new section is added to chapter 13.40 RCW to read as follows:
The secretary shall submit a report to the legislature on security at juvenile facilities during the preceding year. The report must include, to the extent this information is available to the secretary: 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. The department shall include security status definitions in the report it submits to the legislature under this section. The report must be submitted no later than December 15th of each year.
NEW SECTION. Sec. 24. A new section is added to chapter 13.40 RCW to read as follows:
(1) When a middle offender with one hundred ten points or more is found to have committed an offense that is not a violent or sex offense, the court, on its own motion or the motion of the state or the respondent if the evidence shows that the offender may be chemically dependent, may order an examination by a youth chemical dependency counselor from a chemical dependency treatment facility approved under chapter 70.96A RCW to determine if the offender is chemically dependent and amenable to treatment.
(2) The report of the examination shall include at a minimum the following: The offender's version of the facts and the official version of the facts, the offender's offense history, an assessment of drug-alcohol problems and previous treatment attempts, the offender's social, educational, and employment situation, and other evaluation measures used. The report shall set forth the sources of the examiner's information.
(3) The examiner shall assess and report regarding the offender's amenability to treatment and relative risk to the community. A proposed treatment plan shall be provided and shall include, at a minimum:
(a) Whether inpatient and/or outpatient treatment is recommended;
(b) Availability of appropriate treatment;
(c) Monitoring plans, including any recommendations regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;
(d) Anticipated length of treatment;
(e) Recommended crime-related prohibitions; and
(f) Whether the offender is amenable to treatment.
(4) 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 offender shall pay the cost of any examination ordered under this subsection (4) or subsection (1) of this section unless the court finds that the offender is indigent and no third party insurance coverage is available, in which case the state shall pay the cost.
(5)(a) After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this chemical dependent disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.
(b) If the court determines that this chemical dependent disposition alternative is appropriate, then the court shall impose the standard range for the offense, suspend execution of the disposition, and place the offender on community supervision for up to one year. As a condition of the suspended disposition, the court shall require the offender to undergo available outpatient drug/alcohol treatment and/or inpatient drug/alcohol treatment. For purposes of this section, the sum of confinement time and inpatient treatment may not exceed ninety days. As a condition of the suspended disposition, the court may impose conditions of community supervision and other sanctions, including up to thirty days of confinement, one hundred fifty hours of community service, and payment of legal financial obligations and restitution.
(6) The drug/alcohol treatment provider shall submit monthly reports on the offender'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, offender's compliance with requirements, treatment activities, the offender'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.
If the offender violates any condition of the disposition or the court finds that the offender 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.
(7) 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.
(8) 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.
(9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult would be subjected for the same offense.
NEW SECTION. Sec. 25. A new section is added to chapter 13.40 RCW to read as follows:
When the court finds a manifest injustice, imposes a sentence of confinement exceeding thirty days, and sets the maximum term, the department shall determine the range subject to the following limitations:
(1) When 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;
(2) When 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
(3) When 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.
NEW SECTION. Sec. 26. A new section is added to chapter 13.40 RCW to read as follows:
At an adjudicatory hearing, a person classified as a youthful offender under RCW 13.40.110(4) is entitled to all the rights that by court rule, statute, and the state and federal constitutions are guaranteed to an offender who is similarly charged in adult court.
NEW SECTION. Sec. 27. A new section is added to chapter 13.40 RCW to read as follows:
(1) At a disposition hearing, the court shall impose both an adult and a juvenile sentence on a person classified as a youthful offender under RCW 13.40.110(4). The adult sentence shall be determined according to the sentencing reform act, chapter 9.94A RCW. The adult sentence shall be suspended conditioned upon the youthful offender's compliance with the conditions and terms of the juvenile sentence. The juvenile sentence shall be confinement with the department until age twenty-one.
(2) The court may, on application by the department, remand the youthful offender to the department of corrections to begin serving the offender's adult sentence if, at any time while the offender is serving the offender's juvenile sentence, the offender: Refuses to meaningfully participate in rehabilitative programs made available to the offender by the department; reoffends; or constitutes a serious threat to the physical safety of others.
(3) Unless previously remanded to the department of corrections to begin serving their adult sentence, the youthful offender shall, no sooner than three months before the offender's twenty-first birthday, appear before the sentencing court to determine compliance with the juvenile sentence.
(a) If the sentencing court finds that the youthful offender has meaningfully participated in the rehabilitative programs made available by the department, has not reoffended, and has not posed a serious threat to the physical safety of others, the court shall release the youthful offender from the suspended adult sentence.
(b) Unless the youthful offender is released from the adult sentence as provided for in (a) of this subsection, the court shall remand the youthful offender to the department of corrections to begin serving the adult sentence.
(4) Only the youthful offender's adult sentence shall be considered when determining under chapter 9.94A RCW an appropriate sentence for future adult offenses.
NEW SECTION. Sec. 28. A new section is added to chapter 13.40 RCW to read as follows:
If at any time a person classified as a youthful offender under RCW 13.40.110(4) is remanded to begin serving an adult sentence, the youthful offender shall be given credit for all incarceration time served on the juvenile sentence.
NEW SECTION. Sec. 29. This act applies to offenses committed on or after July 1, 1997.
NEW SECTION. Sec. 30. The following acts or parts of acts are each repealed:
(1) RCW 13.40.025 and 1996 c 232 s 4, 1995 c 269 s 302, 1986 c 288 s 8, 1984 c 287 s 11, & 1981 c 299 s 3; and
(2) RCW 13.40.030 and 1996 c 232 s 5, 1989 c 407 s 3, 1985 c 73 s 1, 1983 c 191 s 6, 1981 c 299 s 5, 1979 c 155 s 55, & 1977 ex.s. c 291 s 57.
NEW SECTION. Sec. 31. 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. 32. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997.
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