AN
ACT Relating to restitution hearings for juvenile offenders; amending RCW
13.40.150; and providing an effective date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
13.40.150 and 1997 c 338 s 24 are each amended to read as follows:
(1)
In disposition hearings all relevant and material evidence, including oral and
written reports, may be received by the court and may be relied upon to the
extent of its probative value, even though such evidence may not be admissible
in a hearing on the information. The youth or the youth's counsel and the
prosecuting attorney shall be afforded an opportunity to examine and controvert
written reports so received and to cross-examine individuals making reports
when such individuals are reasonably available, but sources of confidential
information need not be disclosed. The prosecutor and counsel for the juvenile
may submit recommendations for disposition.
(2)
For purposes of disposition:
(a)
Violations which are current offenses count as misdemeanors;
(b)
Violations may not count as part of the offender's criminal history;
(c)
In no event may a disposition for a violation include confinement.
(3)
Before entering a dispositional order as to a respondent found to have
committed an offense, the court shall hold a disposition hearing, at which the
court shall:
(a)
Consider the facts supporting the allegations of criminal conduct by the
respondent;
(b)
Consider information and arguments offered by parties and their counsel;
(c)
Consider any predisposition reports;
(d)
Consult with the respondent's parent, guardian, or custodian on the
appropriateness of dispositional options under consideration and afford the
respondent and the respondent's parent, guardian, or custodian an opportunity
to speak in the respondent's behalf;
(e)
Allow the victim or a representative of the victim and an investigative law
enforcement officer to speak;
(f)
Determine the amount of restitution owing to the victim, if any, or set a
hearing for a later date not to exceed one hundred eighty days from the date
of the disposition hearing to determine the amount, except that the
court may continue the hearing beyond the one hundred eighty days for good
cause;
(g)
Determine the respondent's offender score;
(h)
Consider whether or not any of the following mitigating factors exist:
(i)
The respondent's conduct neither caused nor threatened serious bodily injury or
the respondent did not contemplate that his or her conduct would cause or
threaten serious bodily injury;
(ii)
The respondent acted under strong and immediate provocation;
(iii)
The respondent was suffering from a mental or physical condition that
significantly reduced his or her culpability for the offense though failing to
establish a defense;
(iv)
Prior to his or her detection, the respondent compensated or made a good faith
attempt to compensate the victim for the injury or loss sustained; and
(v)
There has been at least one year between the respondent's current offense and
any prior criminal offense;
(i)
Consider whether or not any of the following aggravating factors exist:
(i)
In the commission of the offense, or in flight therefrom, the respondent
inflicted or attempted to inflict serious bodily injury to another;
(ii)
The offense was committed in an especially heinous, cruel, or depraved manner;
(iii)
The victim or victims were particularly vulnerable;
(iv)
The respondent has a recent criminal history or has failed to comply with
conditions of a recent dispositional order or diversion agreement;
(v)
The current offense included a finding of sexual motivation pursuant to RCW
13.40.135;
(vi)
The respondent was the leader of a criminal enterprise involving several
persons;
(vii)
There are other complaints which have resulted in diversion or a finding or
plea of guilty but which are not included as criminal history; and
(viii)
The standard range disposition is clearly too lenient considering the
seriousness of the juvenile's prior adjudications.
(4)
The following factors may not be considered in determining the punishment to be
imposed:
(a)
The sex of the respondent;
(b)
The race or color of the respondent or the respondent's family;
(c)
The creed or religion of the respondent or the respondent's family;
(d)
The economic or social class of the respondent or the respondent's family; and
(e)
Factors indicating that the respondent may be or is a dependent child within
the meaning of this chapter.
(5)
A court may not commit a juvenile to a state institution solely because of the
lack of facilities, including treatment facilities, existing in the community.
NEW SECTION. Sec. 2. This
act takes effect July 1, 1998.
